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05/07/97 AGENDA
BREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MAY 7, 1997 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes - April 23, 1997 Resolution #2594, L.I.D #329 Jenner Avenue - Setting June 18, 1997 As The Hearing Date For The Final Assessment Roll CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Washington State Department Of Transportation Contract For Traffic Control #AB97-094 2~ ORDINANCES A. Ordinance #4593 (Second Reading) Amending B.M.C. Chapter 2.46 - Employees Suggestion Award Program #AB97-090 3~ (CONTINUED NEXT PAGE) Ordinance #4594 (Second Reading) Annexing An #AB97-091 Area Known As Oyster Bay Annexation Area And Amending The City's Comprehensive Plan And Zoning For The Area PUBLIC HEARING - 6:00 P.M. OR LATER A. Resolution #2595, Regarding Recovery Of Fees For The Abatement Of The Property Located At 608 Washington Avenue Be Resolution #2596, Regarding Recovery Of Fees For The Abatement Of The Property Located At 2010 7th Street #AB97-095 7~ #AB97-096 ~l AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: MINUTES - APRIL 23, 19~7 FOR AGEND~ OF: May 7, 1997 ORIGINATING DEPT: C.i,t¥ Council ORIGINATOR: Davi. d Farr~ Pr~_ DATE SUBMITTED: 4-30-97 2. C~CES: (com~nent on back if necessary) 3. EXHIBITS: ENDORSF24ENT __ !NFORPLATiON __ A-°PROVED BY COUNCIL. ~N~~SUBMITTAL: I~AYOR COUNCIL PRESIDENT 4. SUMY~Y STATEMENT AND REQUIREMENT FOR'COUNCIL ACTION: 8. RECOM2~ENDATION,,: 9. RESPONSIBLE OFFiCI~L: ENFORCEMENT OFFiCIAJ_,: EXPIRATION DATEr REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: !0. NOTICE OF ACTION APPROVED DISAPPROVED DATE: ~EMDED __ TAPE #1458 UNAPPROVED DRAFT CITY COUNCIL MEETINH MINUTES APRIL 23# 1997 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, April 23, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and Deputy city Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend David Welch of Chico Alliance Church. #0035 Presi4ent Farr made the following announcement: (1) Immediately preceding the Council meeting the city Council held an Executive Session to discuss "Contract Negotiations"; and a Study Session to discuss the Sinclair Landing project. CONSENT AHENDA NONE CLAIMS/CHECK REHISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on April 23, 1997, the Council does approve for payment those vouchers included and further described as follows: 208124 through 108358 in the amount of $342,727.83; and Regular Payroll for the period ending April 15, 1997, in the amount of $727,599.44. COUNCIL MEMBER REPORTS Mr. Winters reported he attended the weekend performance of the Peninsula Dance Theater production of Romeo and Juliet, which was held at the Admiral Theater. He congratulated the Dance Studio on an outstanding performance and the Admiral Theater as their host. His sister-in-law, who is visiting from California, commented that the performance was like a San Franciso Ballet. Mr. Overson welcomed his mother, who is visiting from Pensacola, Florida. She has found the weather in Bremerton to be more enjoyable tha~ what she left in Pensacola. TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 2 of 19 Mr. Colvin was pleased to report that a conference call has been scheduled on April 24, 1:00 P.M., in the Mayor's Office, with General B. O. Davis, who served as General of the 9th Pursuit Squadron. Mr. Colvin related that when General Davis attended West Point he experienced complete silence from his fellow students except in the line of duty. A number of individuals have been invited to share in the conversation with General Davis over some of the matters he included in his book "B.O. DAVIS AMERICAN". MAYORWS REPORT Mayor Lynn Horton thanked the many volunteers, who participated in the Sinclair Inlet Clean up event on April 19. Mayor Horton read the following proclamations: (1) APRIL 26, 1997, ART DAY in Bremerton. Carol Atkinson, Bremerton Main Street Association and a representative of the Westsound Arts Council accepted the proclamation and invited everyone to attend the Art Walk on April 26. (2) APRIL 26, 1997, Loyalty Day in Bremerton. Ret. Sgt. Major Bob Sauter accepted the proclamation on behalf of all Veterans Of Foreign Wars. Mayor Horton concluded by thanking all of the voters for their participation in the special election held April 22. PUBLIC RECOGNITION Don Larson, President Washington Scuba Alliance and Kitsap Diving Association, reported on the Sinclair Inlet Clean Up event held April 19. He especially appreciated the large turnout of volunteers from the USS Carl Vinson. He thought awarding the volunteers with a Certificate of appreciation would be appropriate and hoped the City would take on that effort. Larry Dickerson, Bremerton resident, questioned how many City Council members meet at least quarterly with their constituents and in those meeting do they push the Blockwatch Program? Two weeks ago he requested the Mayor and The Sun to develop an education program on the drug and crack houses within the inner city of Bremerton. He patrols 25 square blocks within his Blockwatch area and based on that experience believes the selling and use of drugs is rampant and an epidemic among young people. He wants the City of Bremerton to be known as a city that fights drugs. 7A - APPOINTMENT OF ANNA HOEY-DORSEY TO THE DISABILITY ACTION COMMITTEE, ~AB97-080 There is a vacancy on the Disability Action Committee. recommended the vacancy be filled by Anna Hoey-Dorsey. It is #0707 TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 3 of 19 Mayor Horton reviewed Ms. Hoey-Dorsey's background that included 15-years in the Washington Association For Post Secondary Educators and the Disabled. And, that she has worked with the Disability Action Committee as a volunteer for many months. Ms. Hoey-Dorsey is not a City resident, but since that position has been vacated, it is possible to appoint someone that does not reside in the city. Mayor Horton urged Council to confirm the appointment of Ms. Hoe- Dorsey to the Disability Action Committee. Public comment - none. M/S/C/U(Montgomery/Huff-Menees) to confirm the appointment of Anna Hoey-Dorsey to the Disability Action Committee. Mrs. Huff-Menees stated the city was fortunate to have an application of this quality for this committee and expressed her appreciation for Ms. Hoey-Dorsey's willingness to serve in this capacity. Mayor ~orton pointed out the Committee has been very active in looking at the prioritization of the needs both out in the community and in City facilities. The committee has presented several recommendations that are minor in nature, but make a huge difference to people with disabilities. If a capital requests comes up because of those inspections, the Committee will be asked to prioritize the needs so that the City could either apply for Block Grant funding or include them in the 1998 Budget process. 7B - A.L.I.V.E. DOMESTIC VIOLENCE PROGRAM CONTRACT, ~AB97-081 This is a continuation of the professional services agreement with the A.L.I.V.E. Program. This is a pass-through grant from the Department of Community Development. James Kelley, Poulsbo resident, asked if funds were available to counsel the perpetrators as well as shelter for the victims? Lt. Rob Forbes, Bremerton Police Department, stated no. Mr. Colvin requested Lt. Forbes explain the function of the A.L.I.V.E. shelter. Lt. Forbes stated from a Police Department prospective, they are a very important entity or advocacy group and they work closely with them. Domestic violence assaults are not decreasing in the Bremerton area and many victims receive assistance through the A.L.I.V.E. Shelter. Linda Kroum, A.L.I.V.E. Program Director, stated they have seen fluctuating numbers of domestic violence reports in Kitsap County, but that is not always because it has decreased, it is a very under reported incident. She noted there are also male victims of domestic violence. Two years ago she came before Council and #0931 TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 4 of 19 stated there were 31 shelters in Washington State, with the A.L.I.V.E. shelter being one. One year ago there were 42 such shelters in Washington state and in 1997 there are 50+ shelters. In answer to services available for males, they do provide information through their Crisis line for male victims and also for the alleged abusers or perpetrators that are seeking treatment through referral information and their legal advocacy components. And, they are looking for ways to increase their support for all peoples involved in these family issues. M/S/C/U(Montgomery/Colvin) to approve the professional services agreement with the A.L.I.V.E. Program, and authorize the Mayor to sign, subject to City Administrative Policies and Procedures. 7C - WATER FLUORIDATION ISSUEr ~AB97-079 City Council has been approached to consider the implementation of water fluoridation in the City of Bremerton water distribution system. Water fluoridation is a public policy decision. Kathleen Cahall, Water Resources Manager, stated the Department of Public Works and Utilities is neutral on whether or not fluoride is added to the drinking supply. Currently, the City does not add fluoride and testing shows that there is less than detectable levels of fluoride, which is less than 0.2 parts per million (ppm). Water fluoridation is a policy decision and if directed to do so, the Department would increase the fluoride to approximately 1 ppm. Only approved additives would be used. One of the most common questions asked is how will the Department assure this process is operated correctly. Proper operation and safe guards will assure that only correct levels of fluoride would be added. All Bremerton Water Operators are certified, experienced and would receive proper training. The fluoride system would be carefully designed and constructed. Currently, the Water System is monitored 24-hours per day and has an alarm system to alert staff to conditions in that system, which would include the fluoridation process, if approved. There would be continuous measuring of fluoride levels. The estimated cost to implement fluoridation would be approximately $90,000 per year for operation/maintenance, chemical costs and capital, which equates to about $1.80 per person per year. She emphasized these estimates are based on a pre-design report. Bremerton water customers can be confident that the water system will be operated in a safe and responsible way. President Fart announced testimony during this hearing will be limited to those individuals who did not give testimony at the April 16 Public Hearing on fluoridation, and testimony will be limited to 3-minutes per person. He noted if a member of the council wished to call someone forward to speak that had given their input at the April 16th hearing, they would be allowed to TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 5 of 19 speak. Paul Drnjevi¢, Bremerton resident, challenged the City Council that he had been shorted by 8-minutes during the April 16 Public Hearing on fluoridation and felt he was entitled to that time during this discussion. President Fart pointed out Mr. Drnjevic had given testimony at the prior hearing and requested that he to be seated. The following individuals spoke in support of fluoridation: Larry Eyer, Executive Director KCAP; Bill Clarke, Pharmacist, President of the Bremerton Area Chamber Of Commerce; Karen Flynn, Kitsap County Auditor and Kitsap Cares member; Dave Gitoh, President/CEO Harrison Hospital; Dr. Christine H. Larson, Kitsap Children's Clinic, Co-Chair of Department of Pediatrics/Harrison Hospital; Barbara Malich, Executive Director Kitsap community Health Center; Barbara Boyd, 303 Callahan Drive; Dr. Tom Curran D.D.S., Kitsap County Dental Service; Dr. Jeff V. Hayes D.D.S, Bremerton children's dentistry; W. B. Paulin D.D.S., Silverdale; Janet Thurston, 3538 NE Shore Cliff Street; Dr. Willa Fisher, Bremerton- Kitsap County Health District; Cheryl Reza¢, Dental Hygienist; Larry Dickerson, 848 4th Street Apt. A; Russ Hauge, Kitsap County Prosecutor and member of Kitsap Cares Partnership. (Note: Comments from the speakers are recorded on cassette tapes #1458, #1459.) The following comments summarize the testimony given by the above named individuals in support of fluoridation: Members of the Kitsap County medical and dental community speaking in support of fluoridation believe it is the most efficient and economical way to prevent tooth decay. Their opinion is based on many years of medical/dental service provided to residents, particularly in the Bremerton area, where they observed greater tooth decay in children than those coming from areas were water fluoridation was available. Even though some children were given individual fluoride treatment, which can be difficult to administer on a daily basis by parents, and used fluoride tooth paste, it did not guarantee that they would not be susceptible to tooth decay. Scientific studies have been conducted over the past 50 years that confirm that fluoridation in water increases the chances for healthier teeth and does not adversely affect the body, i.e., brittle bones, causes cancer, or is harmful to other organs etc. Member of the Kitsap Cares Partnership lent their support to fluoridation believing it will benefit people Of all income levels and particularly have a positive impact on those families in the lower income level. Many children seen by local pediatricians and or required emergency services at Harrison Hospital have required emergency dental surgery due to the poor condition of their teeth. Local dentists have volunteered their services within the community as well as TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 6 of 19 staffed the Emergency Room Watch to assist in emergency treatment cases. Those opposing fluoridation have raised the issue of fluorosis occurring in teeth. A children's dentist pointed out fluorosis is a discoloring of the tooth enamel; however, such teeth are more resistant to tooth decay than those with regular enamel. Several speakers emphasized it is within the City Council's purview to vote to implement fluoridation without taking it to the vote of the people and they should exercise that right. Also, that approving fluoridation would be a great gift to fellowman to prevent disease. Concern was registered as to the way people were approached by those opposing fluoridation and seeking signatures on petitions. The following individuals spoke in opposition to fluoridation: Roy Hocker, 3311 Rodgers Street; Harry Tanqen, 315 Shore Drive; Gene Mosbarqer 100 #A Galyan; James Cochran, 1424 Lindberg Place; Janice Jones, 1440 17th Street; Kathy Kelly, Warren Avenue, Stephen Martz, 1721 Kitsap Lake Road; Cindy L. Anqel, 360 Tremont Street, Port Orchard; Palmer O,Hanson, 2504 E. 22nd Street; Rober% Zauper, 120 North Callow Avenue; Nancy Ann McKelvy, 1018 9th Street; Ramona Hopkins, 916 Washington Avenue; Teresa Findlay, 1309 Elizabeth; James Hopkins, 916 Washington Avenue; Dan Zimpson; Geegee Holt; Rollman, Highland Avenue. (Note: Comments from the speakers are recorded on cassette tapes #1458, #1459.) The following comments summarize the testimony given by the above named individuals speaking in opposition to fluoridation: It is a common belief that proper dental hygiene reduces cavities and that dental care should be left up to the individual and not be at the expense of the taxpayers. Fluoridated water can cause the immune system to become damaged. There is no scientific data to support the claim that fluoridation reduces tooth decay. The decision to implement fluoridation should be left up to the vote of the people. Fluoridated water can heighten the risk of more cancer in those who have already been treated for cancer. Tooth decay is caused by poor diet and lack of proper dental hygiene. The decision to implement fluoridation is tied into welfare issues. It was suggested a choice program for fluoridation could be set up in the schools. Many people are severely sensitive to fluoride and chlorine in water and would be forced to buy bottled water. The question was raised "who will pay for bottled water if a person cannot drink the fluoridated water? Fluoride is a toxic waste chemical. Fluoridation is a political issue and if implemented it will cost Council members votes. A concern was raised about not wanting to water lawns and gardens with fluoridated water. Many studies were cited that support the position that fluoridation is harmful rather than beneficial. (Note: A number of speakers handed TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 7 of 19 in signed petitions opposing fluoridation, which will be on record in the City Clerk's office.) Mrs. Huff-Menees thanked everyone who spoke at the two hearings and/or provided data both for and against fluoridation. She agreed with Karen Flynn, Kitsap county Auditor, that this was not an issue that lent itself to referendum, but rather a policy issue that has to do with a City utility and service provided to the citizens of Bremerton. Council members were elected as the Legislative body for the city and as a policy issue she believes Council needs to make this decision for the citizens. She too has some concerns about how the petitions were gathered after personally hearing how people were approached to sign those petitions. She viewed those actions as "scare" tactics and was offended by the way the petition presenters presented the issue. Her work history included working in a pediatric dental practice where she observed how a lot of well intended people did not understand the importance of dental health for their children. During that time, she saw many babies with "baby bottle" decay and many children of older ages that had tremendous decay, none of whom had benefit of fluoride. She supports fluoridation and was very up front with individuals that called her, who were opposed to fluoridation. She understood that making a decision could have political implications, but the public elected the Council to do the right thing. (TAPE #1459) #1731 M/S/C(Huff-Menees/Montgomery) the City Council administered a public hearing on water fluoridation on April 16, 1997. Council action is requested on April 23, 1997 to direct the Mayor to implement fluoridation as soon as practicable. Mr. Overson stated Initially, he was a strong opponent to fluoridation, which prompted him to research why the medical/dental professionals consistently campaigned for fluoridation. He emphasized we give our lives to doctors and dentists seeking their help to prolong our lives. This nation enjoys some of the longest and healthy living of any nation in the world because of the health professionals and the fantastic job they do. Based on his research, he will support the motion as presented. Mr. Winters stated his opposition to fluoridation and because he is not re-running for his elected position, he was not concerned about any political implications as a result of a vote on this issue. He was concerned about people's rights and the data that he has been provided whether it is true or not true, factual or emotional. He found it difficult to acknowledge all of the information and testimony given over a four week period and come up with a solution and then vote. The political correct thing to do, in his opinion, would have it be a vote of the public, but Council members are TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 8 of 19 voted in to make decisions. He challenged the appropriateness of the Council hearing further testimony from Dr. Willa Fisher on fluoridation at their Retreat on April 19, without giving the opposition equal time to share their views. He pointed out there are issues in the courts in Pierce County and City of Tacoma that create cities to become members of lawsuits and cost the taxpayers even more money. It concerned him that Mr. Drnjevic was gaveled down from speaking at this hearing and felt he should have had the opportunity to speak on this issue considering Council's actions on April 19. He brought with him a video that reveals how children under six years of age should not use fluoride without the supervision of parents. He pointed out the "poison" makings on the back of the packaged bottle of fluoride. He believes the greatest asset and resource of the City is its purest, freshest form of water. He asked Ms. Cahall to explain the City's rating compared to other cities within the state without the use of filtration. Kathleen Cahall, Water Resources Manager, stated the City of Bremerton is one of the few surface water systems in the country that does not have to filter its water. The water is disinfected through the use of chorine, which is very efficient and most cost effective method of disinfection. In addition to the surface water, the city has wells that supply approximately 40% of the water supply. Bremerton's water is very soft, but is corrosive and the City will be adding additives to the water in about one year to make it less corrosive, which is required by State and Federal regulations. Mr. Winters questioned how the City's water rated with other areas? Ms. Cahall explained there is no rating system for water systems. The City holds a (green) Permit, which means the City does not have any violations. She acknowledged Bremerton has a good rapport with the regulating State agencies and the Bremerton Kitsap County Department of Health. Mr. Winters emphasized the fact he is very proud of the quality of Bremerton's water. He acknowledged the number of people speaking before Council have been nearly equal for those in support and those in opposition, which substantiates for him the best method would be to place the issue before the vote of the people. He wanted to know Mayor Horton's position on this issue; however, she was not present to respond. Mr. Colvin called for a point of order emphasizing this issue was an issue for the Council, not the Mayor. Mr. Winters asked Pete Crane to come to the podium and asked him if he represented, as a broker, any company that sells items that are marketed for the use in water systems in and across the United States? Pete Crane, Financial Consultant with Smith Barney and President of United Way of Kitsap County and member of Kitsap Cares Partnership, explained he does not represent any chemical companies and only represents himself and invests clients assets in companies of all types. If someone owns mutual funds or is in the Thrift Statement Plan for the U.S. Government, one would own some chemical companies whether or not it is Dupont, Allied, etc., who could make TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 9 of 19 such products. Mr. Winters asked if he represented any clients that purchased such investments? Mr. Crane states yes, as previously explained. If Mr. Winters' interested was what financial interests he had in fluoridation, he felt it was important that he have the right to defend himself, since his reputation was challenged. It concerned him that Mr. Winters was trying to establish some kind of financial interest in what he does and what someone else is doing. Mr. Winters stated there is not that implication because he will ask the opposition if there is any financial interest for them on their stand. He asked that Paul Drnjevic, representing the opposing side, on a point of appearance of fairness be allowed to speak at this time based on the fact he was shorted his time during his opening statement at the April 19 hearing. President Fart stated he believed Council had made every effort to be fair during this hearing and recounted the times Council heard from both sides including a 1-hour video made available to Council members by Mr. Drnjevic, two public hearings, and many other opportunities. He was not willing to bend the rules as established earlier in this meeting, because it would open the door to untold miseries about appearance of fairness. Mr. Winters stated for the record he has asked and been denied. He concluded his remarks by playing a portion of a 6-minute video that opposed fluoridation. Mr. Colvin questioned if the citizens had the right to refer this issue to the vote of the people? Ian Sievers, City Attorney, stated he thought it was part of an initiative ordinance possibly to control the program that is being addressed at this hearing...as an Initiative Petition. Mr. Colvin asked if he heard correctly that the citizens could not change the policy, if Council approved implementation of fluoridation? Mr. Sievers stated if might be possible, if they gathered enough signatures to place an Initiative Ordinance on the ballot. There are some issues that cannot be regulated through a citizen directed initiative; however, he felt this issue was one that could be. Mr. Colvin questioned if Council approved fluoridation and citizens find they actually suffer ill effects, what would be the possibility of recovery in such a suit? Mr. Sievers stated it depends on what evidence they would have to base their suit. He believed Council was well within a realm of reasonable care given the current evidence of the safety of fluoride additive. Under the current state of knowledge presented to Council, he did not believe they would be breaching a reasonable standard of care and would not be liable for a fluoridation program. Mr. Law reported at his March Neighborhood meeting he polled those attending how they felt about fluoridation and whether or not they wanted to vote on such a proposal or if they wanted him, as their elected official, to make the decision. Eighty percent of those TAPES #1458, #1459, #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 10 of 19 individuals said to place it before the voters. He spent part of April 21 and most of April 22 calling his constituents and asking if they were in favor of a vote being made by the Council or by the people? The vast majority again responded to put it to a vote of the people and the others urged him to vote as their Council representative. The second question he asked was how should he vote if the proposal is not to submit it to the people for a vote? Again, the vast majority responded they would support implementing fluoride. (Note: Mr. Law made an amendment to the motion to send it to the voters; however it died for the lack of a second.) Mr. Neville stated he was raised in this community and he personally experienced a large amount of tooth decay that he attributes to non-fluoridated water and poor dental care. He recalls a few months back a young lady came before the Council pleading for help finding someone to treat her rotting teeth. The Health Officials have determined fluoridation does make a difference and supporting testimony has been given from various individuals throughout the County where fluoridation was implemented without any major signs of poisoning among people. He stressed the need to help one another and as stated in the Reader's Digest article most livable cities to raise children are places where people work together, trust each other and where families can and do shape their own communities. By implementing fluoridation we are helping our community and future community. As a parent, he was fortunate to be in a financial position to make sure his son received proper dental care and fluoride treatment in his early years, which resulted in excellent dental health. He truly believes that fluoridation does work for the dental good of our youth. Many times Council members have to make tough decisions, but they are choices for the good of the all, not just for today, but also into the future. He assured everyone that he gave serious consideration to all the data provided both pro and con. He is also very proud of the city's water system, but acknowledged it was developed by our forefathers and it is because they looked at the future that we do have the water. Now, this Council has to look at the future of the upcoming youth of Bremerton and the surrounding community and he will support implementing fluoridation in Bremerton's water system. Mr. Montqomery stated initially he was totally neutral toward fluoridation, since it would not help or hurt him and he has no financial investments in fluoride or dentistry. He has patiently listened to all the testimony, reviewed the data provided by both the pro and con and held discussions with constituents. It did concern him that some of the opposing data appeared as incomplete references and excerpts, which did not, in his opinion, validate the facts being presented. TAPE #1460 TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 11 of 19 Mr. Montgomery also questioned the method used to obtain signatures on the petitions that were circulated by those opposing fluoridation. He was much more impressed with those giving testimony before the council than the 800 signatures on the petitions. When he asked his constituents if he should vote on the issue or put it before the voters, their response was for him to vote on implementation. He chose to trust the medical/dental community's recommendation because they are the experts on this subject and he supported the implementation of fluoridation, regardless of any political implications that may follow. Mr. McConnell stated initially he supported the idea of putting the issue before the public for a vote, but after reviewing an extensive amount of data, watching two videos, listening to the testimony and receiving telephone calls, he concluded that fluoridation would be good for Bremerton. He also concluded that if he voted to place the issue for a vote of the people, he would be shirking his duty as a legislator for the City. Therefore, he will vote to fluoridate the City's water. Mr. Colvin referenced a letter he received from the Mayor of Poulsbo that stated in the 20 years their water has been fluoridated he was aware of only two complaints. President Fart stated he was proud of his ability to vote on this issue and voting was one of the most important duties of a City Council member. He is very guarded in giving away that voting right and during his 3 1/2 years on the Council he only abstained from voting three times. He gave serious consideration to the motives of those in support of fluoridation, particularly members of the Kitsap Cares partnership, who have donated their time, and could find none other than honorable for the work that they do. He will definitely support implementing fluoridation. Vote on Motion: Motion carried. In Favor: Opposed: Montgomery, Huff-Menees, Neville, Farr, Overson, McConnell, Colvin, Law Winters SA - PUBLIC HEARING ON TCI CABLE RATE INCREASES, ~AB97-087 TCI has applied for cable rate increases to go into effect June 1, 1997. City Council action is not required per FCC rules. Staff has reviewed the rate applications for adherence to FCC rules. TCI will make a presentation on why they are increasing cable rates. Paul Johnston, Deputy City Clerk, reminded Council that FCC regulations were amended several years ago to preclude the Council from approving rate increases. TCI is proposing, as of June 1, that the Basic Tier Rate will decrease from $12.28 to $11.83. The TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 12 of 19 reduction is due to a correction being made as a result of their 1996 projections for future costs of programming, corporate fees and running cable TV. The Expanded Basic Tier increased from $12.98 to $13.32. The channel line up numbers have remained the same, but there has been a small change in the channel line up. Patrick McDonald, TCI General Manager, will make a presentation to Council to explain what has changed over the past year to create a rate increase in all other categories and a slight decrease in Basic service. Ms. Johnston reviewed the applications from TCI and to the best of her knowledge their methodology and accounting practices were according to FCC rules and guidelines. Patrick McDonald, General Manager, reviewed the Basic Tier and Expanded Tier rate proposals as outlined by Ms. Johnston. The factors involved in a rate adjustment are inflation, adjustments from the projection periods from June 1996 filing, programming costs and interest. He pointed out the proposed rates would include State Excise Tax and Utility Tax. Customers receiving Basic and Expanded service will see an 11 cent decrease in their rates effective June. Rate increases and decreases for Installation and Equipment Rates are proposed, which are one time charges. The driving force behind those changes is time associated with the work that is done at the customer's home or business and the cost associated with the products and devices placed at a residence. Rate changes for the 48 Channel Package, which is limited to 3% of the Bremerton area, show the Basic Tier decreasing by 12 cents ($12.16) and the Expanded Tier increasing from $12.98 to $17.62, which are a result of the additional services provided to those customers. TCI's Community involvement include: TCI Armed Forces Day Queen's Pageant (1997 is 7th year); September Education Campaign (TCI sets aside $5.00 from every new installation to support education services in the communities they serve); TCI Education Campaign (provides free services to schools to assist in the education process. Networks such as Discovery, CNN and A&E provide curriculum ideas and materials free of charge); Sponsorship and Donations (TCI donates services to various organizations in the community in support of schools, local organizations and many business groups); NCTA Seal Of Customer Service Excellence (TCI has been recognized for maintaining high customer service standards). Continued Growth of New Products: The Sega Channel (offers over 70 individual games per month at a low monthly charge $14.95); Sprint Alliance (offers special discounts to subscribers when they switch TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 13 of 19 to Sprint Long Distance service - $2.00 credit each month for one year and if additional services are subscribed to that credit goes up to $4.00 per month for one year); Kid Control Remote Controls (offers parents more control over their children's viewing choices). Also provided were: (1) example of TCI's Rate Cards for Bremerton, Poulsbo and Kitsap County; (2) Channel Guide for Bremerton, Poulsbo and Kitsap County; (3) letters of support. James Kelley, Producer with Westsound Cable Television Access and Poulsbo resident, stated the media of the Bremerton area is the reflection of the spirit within the community and everything that Council does with TCI is extremely important in reflecting that spirit. He thanked the City and TCI for their continued support of community access television. Larry Dickerson, Bremerton resident, expressed concern over TCI's pattern of moving programming off of channels that are viewable to unwatchable channels, i.e., CBTU and C-Span. He wanted a reduction in his cable TV costs for the non-viewable channel programming TCI provided. Previously, he had 7 documented orders where TCI came to his residence to analyze the problem; however, nothing changed and Channel 19 is still unwatchable. He felt TCI should be more responsive to such concerns and/or the City Council maximize their powers over the service that is delivered to the consumer. He asked if anyone knew the approximate cost of the voice of democracy (C-Span)? He pointed out it amounts to approximately $250 million that FOX donated to TCI for upgrading their equipment in order that they could carry more channels. Shannon Watson, member of Westsound Community Access Television, asked if WSCAT depends entirely on government relations with TCI and Falcon Cable, why they were not included in these negotiations? John F. McDonald, Bremerton resident, stated his concern over TCI's shuffling of channels. When Sonic games are televised, TCI scrambles the picture on Channel 29, which is a channel he pays for. When he complained to TCI they stated they would reimburse him, which resulted in a 6 cent discount. He did not support TCI getting a rate increase and emphasized what they need is competition. Paula Johnston, Deputy City Clerk, stated in reference to Ms. Watson's question, Westsound Community Access Television is a contractor chosen by the City to provide public access for the community and have no standing in negotiations, which is between TCI and city of Bremerton. TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 14 of 19 Mr. McDonald stated the issues behind channel realignment are very difficult. When the Sonics are carried on TNT and also carried on a broadcaster in the Seattle market, TCI is within a 35-mile radius and required to black out that program on the channel it appears. The rights for that program have been purchased by a Broadcast TV affiliate within the Seattle market and TNT cannot compete with the same game on a different channel. Other areas, such as Aberdeen can receive that program over TNT; however Seattle ADI cannot. The scrambling is done from TNT, not TCI. TCI does provide a discount, even though it is small, because they have no control over the issue. The C-Span/CBUT issue was very difficult and the decision to move those programs was made based on their popularity with the viewers. Rather than delete one or the other, they chose to split the viewing time on one channel in half. As TCI works through and continues negotiations with the City, the line up capacity will be increased, which would allow breaking up C-Span and CBUT. As programmers, there are alternative services and TCI competes for viewers. Kathleen McCluskey, Director of Administrative Services, stated like many of the other areas of cable management, the Council has no control over channel line up and is totally within TCI's control. This is another area where the public becomes confused over what the City can and cannot regulate under the franchises. Unfortunately, we can do very little since the Telecommunication's Act controls a great deal of what cable companies can do and their performance, she pointed out the public has more of an impact on the cable companies when they voice their complaints and concerns directly . Mr. Law pointed out some of the decisions being made by TCI are not at Mr. McDonald's level and he was somewhat offended as to what Mr. McDonald is required to say. As an example, the FOX News Channel in order to get on line, paid the corporations, according to the Wall Street Journal, $10.00 per customer. He asked if a reduced rate was given to all customers affected by the scrambled channel or does the subscriber have to call in and request a reduction? Mr. McDonald explained as authorized under the franchise, TCI does not have to offer refunds until a 24-hour outage occurs. They do offer refunds regardless of that clause, if a customer calls up to complain about their service being out, regardless of the duration. Mr. Law suggested during franchise discussions the City pursue with TCI that when a situation arises where every customer is blacked out on TNT for a period of time that a class refund is effected for everyone. If that happened, maybe TCI would be more interested in responding to the public's concerns. In his opinion , the customers are getting "short changed". Mr. McDonald noted that was an area where TCI has tried to respond in a situation that they have no control. Mr. Law asked if TCI customers were paying to TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 15 of 19 have access to the blacked out channel? Hr. McDonald stated they were paying for TNT, which is part of the package. Mr. Law noted he may have misunderstood the point and thought some TCI customers had access to the blacked out channel through the use of a de- scrambler. Mr. McDonald explained when TCI turns off the TNT channel no one can view it. Mr. McConnell stated a year ago when Mr. McDonald was before Council he brought up his concerns about Channel 19. Since the shift of C-Span and CBUT, that channel is hardly viewable; however, now he is getting radio communications interfering with his audio on his TV between 5:00 AM - 6:00 AM. Mr. McDonald stated TCI has received a number of complaints related to that issue. He offered to do an equipment check at Mr. McConnell's home to determine if he had a cable connection problem. He explained a signal, as described by Mr. McConnell, ingresses onto a location within a home and jumps in a voice communication and is delivered on Channel 19. He felt confident that the majority of the problem could be handled through adjustment to in-home wiring. Mr. McConnell questioned if FCC rules were being violated either by the paging company or by TCI if both are using the same frequency? Mr. McDonald stated no, the cable television service uses a sealed cable to delivery frequencies inside the cable system. Channel 13 is the most difficult to work around because their transmitter is located in Bremerton on Gold Mountain. Mr. Winters noted the City's Citizen Cable Advisory Committee no longer exists; however during their last meeting the same issues were discussed.., rates, service, problems, signals. In the last two weeks he learned that TCI is very much aware of the world's fiber optics direction, digital compression, and new markets of competition. He believes good things will happen to better the service and it has brought TCI to the negotiating table to change dollar figures and motivation. He complimented Mr. McDonald on the manner in which he represents TCI, but acknowledged that what is being offered to Bremerton customers could be better. Mr. McDonald stated he was proud of the quality product offered by TCI, which he believes is one of the best. Mr. Winters noted service always has room for improvement, even government. He urged Mr. McDonald to forward on Council's concerns to TCI's upper management so they can be taken into consideration when future decisions are made. Mr. Colvin expressed his appreciation of Mr. McDonald always providing responses to questions; however, he suggested a little better public relations could be put forth by TCI when certain conditions arise that affect all of the subscribers. Mr. Neville asked how long TCI had provided cable TV service in Bremerton? Mr. McDonald stated TCI took over management in TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 16 of 19 Bremerton in approximately 1974- 1976; however, the cable system has been in place since 1965. Mr. Neville noted in 1994 the FCC adopted regulations to control what cable companies can do and the rates that can be charged. Mr. McDonald explained the FCC derived a formula that they believed would develop fair cable pricing throughout the nation. Mr. Neville observed that possibly TCI overcharged on all of their services about $43.44 since 1976 to 1994. And, since the regulation rates of July 1994 to June 1997 costs have increased by $83.00, which he found to be a healthy increase. He asked what has TCI done, over the past three years, to upgrade the quality of channels received by Bremerton customers? Mr. McDonald stated the numbers identified include a number of one time charges related to installation. The kind of work performed at customers homes are much different and the quality of the cable continues to increase. They are always improving the installation work that is required and now must be able to handle the new services of the future. Over time, the Basic and Expanded rates will show a little different move as they work under FCC Rule 1240 rate regulations. Mr. Neville referenced the letters of support provided by TCI, particularly those involving providing community service. He questioned the percentage of TCI customers residing in Bremerton? Mr. McDonald estimated 45%. Mr. Neville questioned if he understood correctly that of that 45% only 3% of those are getting the 48-channel package like that provided to County customers? Mr. McDonald stated yes. Mr. Neville questioned if Mr. McDonald saw that changing in the foreseeable future? Mr. McDonald stated yes, in the near future. Mr. Neville noted he read a letter that Mr. McDonald had written to Westsound Community Access Television indicating that he did not believe Bremerton supports Westsound Community Access Television. Mr. McDonald stated that letter was responding to an individual that had questioned TCI's support of the program. Mr. Neville stated he recalled the letter was addressed to the whole Board, not an individual. Mr. McDonald stated it was addressed to an individual on that Board of Directors. Mr. Neville asked Mr. McDonald if he still held that same opinion about Bremerton? Mr. McDonald stated he believes there is a good working relationship between TCI and Bremerton. In his letter he was only addressing some specific points brought up by an individual, he had nothing negative to say about the City of Bremerton. Mr. Neville asked if Mr. McDonald believes the City supports Westsound Cable Access Television. Mr. McDonald stated he thinks the City supports them as well as TCI, since they were the ones that started the Bremerton Cable Access program, and is still supported by both entities. Mr. Neville stated he strongly supports Westsound Community Cable Access Television and that it is the right move now and into the future. 8B - PUBLIC HEARING ON TCI CABLEVISION AND FALCON FRANCHISE EXTENSIONS, #i~B97-083 #1738 #1760 TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 17 of 19 The TCI and Falcon franchises expired on April 1, 1995. We have had two prior one-year extensions while negotiations were taking place. The attached extensions are for the period April 2, 1997 to April 1, 1998, or completion of franchise negotiations, whichever occurs first. Kathleen McCluske¥, Director of Administrative Services, stated like many other things under the Telecommunications Act, the City is not able to not renew or extend a franchise except in some very specific situations. In this case, if the City had initiated a revocation, there would be no request for an extension; however the cable companies are not in violation of the current franchise. Also, meaningful negotiations are underway, but if negotiations had broken down, then the City could look at a revocation or non- extension. Both of those items are in order and negotiations are very close to conclusion. Under those terms, it is recommended that both franchises be extended for one year or until completion of negotiations. Negotiations with Falcon Cable TV will start once the City has completed negotiations with TCI. Public comment - none. Mr. Mont~omer~ stated he has never voted to approve a franchise and felt the people of the United States should write their Congressmen and tell them to quit giving monopolies to certain people, i.e. cable television. M/S/C(Huff-Menees/Colvin) to approve extension of franchise agreement with TCI Cablevision of Washington, Inc. for the period April 2, 1997 to April 1, 1998, or completion of franchise negotiations, whichever occurs first. Vote on motion: Motion carried. In Favor: Winters, Huff-Menees, Neville, Farr, Overson, Law, McConnell, Colvin Opposed: Montgomery M/S/C(Colvin/McConnell) to approve extension of franchise agreement with Falcon Video Communications, L.P. for the period April 2, 1997 to April 1, 1998, or completion of franchise negotiations, whichever occurs first. Vote on motion: Motion carried In Favor: Winters, Huff-Menees, Neville, Farr, Overson, Law, McConnell, Colvin Opposed: Montgomery 8C - PUBLIC HEARING ON TCI RATIFICATION OF UPGRADE REOUESTt ~AB97- 084 TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 18 of 19 The City Council at an October 10, 1996 Study Session directed Mayor Horton to send a letter to TCI Cablevision requesting upgrade of their system pursuant to Section 9 of the existing franchise Ordinance No. 3975. This letter was sent on October 14, 1996. Council is requested to pass a motion ratifying that action. Kathleen M¢Cluske¥, Director of Administrative Services, stated the City's current franchise allows the City to direct TCI to upgrade the Bremerton system to 400 MHZ at such time that 30% of TCI systems with similar demographics are upgraded to that level. The Mayor's October letter requested that action. On the advice of the City Attorney, the administration was requested to approve such action in an open public meeting. While negotiations are moving along, the City also wants to run a parallel track under the current franchise and make sure the clock is still ticking on the upgrade. Therefore, Council is being asked to ratify the letter and reconfirm Council's motion. Public comment - none. Mr. Neville asked that the October 14, 1997, letter be read into the record: Paula Johnston, Deputy City Clerk, read as follows: To - Patrick McDonald, General Manager, TCI Cablevision Of Washington - "Pursuant to the current franchise that TCI has with the City of Bremerton contained in Ordinance #3975, the City is directing TCI to upgrade the Bremerton system. Section 9 of the franchise stipulates that TCI will provide expanded system capability upon request when 30% of other TCI systems with similar demographics have been upgraded to at least 400 MHZ operational capacity. The City has researched TCI systems of similar subscriber base on a national, regional or state level using several data gathering techniques including phone surveys and a national trade reference book, BROADCASTING & CABLE YEARBOOK 1996. Our results have shown that, using any size of geographic configuration, well over 30# of TCI systems of Bremerton's relative size enjoy cable capacities that are at or above 400 MHZ. Also, Section 11 of the current franchise stipulates that TCI will provide one forward channel for institutional use upon request from the City. The City is hereby directing TCI to provide this channel pursuant to the franchise between City buildings. Sincerely, Lynn S. Horton, Mayor." Mr. Overson expressed his appreciation of staff's putting this proposal together and the cable company's willingness to work with the City. He was sure Mr. Montgomery realizes that even though he calls this a monopoly, it is not; and that there are plenty of #1940 TAPE #1460 City Council Reg. Mtg. Minutes April 23, 1997 Page 19 of 19 other sources to provide cable services. Mr. Winters asked if this will be some of the tone into the new contract negotiations? Ms. M¢cluskey stated yes, they are discussing upgrade, when it will happen and how it will happen. M/S/C/U(Neville/Montgomery) to ratify Council direction of October 10, 1996 to Mayor Horton to send a letter to TCI Cablevision of Washington, Inc. requesting upgrade pursuant to Section 9 of the existing franchise Ordinance No. 3975, and further reaffirm the upgrade request as of this date. President Fart thanked the TV camera crew for their services: Rob Rupe, Jamie Campbell and James Noble Jr. With no further business meeting adjourned at 9:45 P.M. KATHLEEN L. McCLUSKEY, City Clerk DAVID D. FARR, Council President City of Bremerton KLM/DDF/me cc: Normal Distribution File/Vault AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: Resolution No. ~ ~9 t.{ FOR AGENDA OF: L.I.D. No 329 Jenner Avenue, set June 18, 1997 ORIGINATING DEPT: as the hearing date for the Final Assessment Roll ORIGINATOR: DATE SUBMITTED: 2. CLEARANCES: (comment on back ~ ~.~ Director, Public Works/Utilities City Attorney ,~ City Treasurer Council Budget & Finance Committee~ ~ Operations Committee ~"~ ,~/~2,~¢' Ma), 7, 1997 PW & Utilities Randy Witt, City Engine~-~l~ EXHIBITS A. Resolution establishing the hearing date. MAYOR c~--j-v_` . COUNCIL PRESIDENT '~.~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: At the City Council meeting on the 12th of June, 1996, Ordinance No. 4558 was passed establish L.I.D. No. 329 for the Jenner Avenue Sidewalk Improvements. The project has been completed and the Final Assessment Roll has been prepared. The action before the City Council is a resolution setting June 18, 1997 as the hearing date on the Final Assessment Roll. 8. RECOMMENDATION: That the City Council adopt Resolution No. o~o~' ~d' setting June 18, 1997 as the hearing on the Final Assessment Roll for L.I.D. No. 329. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer City Engineer N/A N/A PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: ~ 7- 0~3 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: e IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES 97155 RESOLUTION A RESOLUTION setting a date and time for the heating upon the assessment roll for Local Improvement District 329 and directing the issuance of said hearing by mail and publication. WltEREAS, an ordinance providing for the sidewalk improvements on a portion of Jenner Avenue and establishing Local Improvement District 329 has been passed by the City Council; and WHEREAS, the assessment roll for Local Improvement District 329 providing for the assessments for said improvements has been filed with the City Clerk of the City of Bremerton; now, therefore, BE IT RESOLVED by the City Council of the City of Bremerton: That the 18th day of June, 1997, at 6:00 p.m. or after of said day at the Council Chambers, City Hall, Bremerton, Washington, be and the same is hereby fixed at the time and place of the hearing upon said assessment roll and that any person who desires to object thereto must make their objections in writing and file them with the City Clerk at or prior to the date set for hearing. That the time and place fixed for heating and at times which the heating may be adjourned, the Council will sit as a Board of Equalization for the purpose of considering the roll and the City Council will consider the objections made and will correct, revise, raise, lower, change or modify the roll or any part thereof or set aside the roll and order the assessment to be made de novo. BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby directed and authorized to give notice of the time and place of said hearing by publishing notice of heating at least once a week for two consecutive weeks in the official newspaper of the City of Bremerton, the last publication to be at least fifteen (15) days before the date fixed for hearing. The City Clerk shall further give notice of said hearing by mailing a notice at least fifteen (15) days prior to said hearing to the owners or reputed owners of the different properties whose names appear upon said assessment roll at the address of such owners as described on the tax rolls of the County Treasurer for each property described on the list. PASSED by the City Council of the City of Bremerton this __ day of ., 19__. DAVID FARR, Council President AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: WSDOT Contract for Traffic Control 2. CLEARANCE~/~ / 3. City Attorney~-~~ Treasurer FOR AGENDA OF: M~y 7, 1997 ORIGINATING DEPT: Police ORIGINATOR: Chief DU Fresne DATE SUBMITTED: April 22, 1997 EXHIBITS: Copy of Contract Budget & Finance~~~ Operations ENDORSEMENT ~ IN~TT I ON MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: WSDOT will overlay State Route 303 (Warren Ave &Wheaton Way) this smLu~Ler and desire to have the Bremerton Police provide assistance in traffic control during construction. We have negotiated an agreement to provide this support at a base amount of $21,726.00 with a not-to-exceed amount of $27,157.00 8. RECOMMENDATION: Recommend authorization for the Mayor to execute the attached agreement. o RESPONSIBLE OFFICIAL: Chief DU Fresne ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: c/7-oe47A Requesting Department: CITY OF BREMERTON No. 97-7 BUDGET ADJUSTMENT REQUEST POLICE DEPARTMENT 001-20 SOURCE OF FUNDS: Description INCREASE: STATE REVENUES Amount 27,150 USE OFFUNDS: Descdption INCREASE: POLICE OVERTIME Amount 27,150 NARRATIVE: This adjustment will provide expenditure authority for the performance of traffic control for the State DOT on the overlay of SR 303. City expenditures to be reimbursed by the State. Department Head Signature Treasurer Comments: Date Director Signature Date ~mended [---] Mayor Comments: Not Recomr~ended Treasur~r'~e ~ Recommended Approved Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date Recommended Approved Not Recommended Denied Fiscal & Bu'~get~i~ Date Washington State Department of Transportation Sid Morrison Secretary of Transportation Olympic Region Headquarters 5720 CaDito; Boulevard. Tum,,~a~e~ P © Box 47.~40 Olymoia WA 98504.-7440 (360) 35%2600 Fax (36C~ 357-260~ April 15, 1997 Mr. Randy Witt City Engineer City of Bremerton 3027 Olympus Drive Bremerton, WA 98310-4620 SR 303 Jct. SR 304 to Riddell Road City of Bremerton GCA-0781 Attached for execution by the City is two(2) duplicate originals of the subject agreement. After execution by the City please return both originals to me for execution by the State. If you have any questions please call me at 357-2666. Robert E. Holcomb P.E. TransAid Engineer attachment AGREEMENT THIS AGREEMENT, made and entered into this __ day of , 1997 between the STATE OF WASHINGTON, Department of Transportation, acting through the Secretary of Transportation, hereinafter called the "STATE", and the CITY OF BREMERTON, 239 4th Street, Bremerton, Washington 98337 acting through the Mayor, herein after called the "CITY". WHEREAS, the STATE has a project for the overlay of SR 303 within the CITY, and WHEREAS, the STATE has concerns for the safety of the traveling public and desires additional traffic control on SR 303 during the STATE's project, as the project may disrupt the smooth flow of traffic or increase the risk of accidents to the traveling public, and WItEREAS, the STATE does not have sufficient personnel trained in traffic control available to provide traffic control that results in safe operation to the traveling public, and WItEREAS, the CITY is also concerned with the safety of the traveling public and it is deemed to be in the best interest for the CITY to assist the STATE in traffic control. NOW TItEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performance contained herein or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY shall furnish uniformed police officers, vehicles and associated equipment to assist the STATE in traffic control when requested by the STATE. The work under this agreement may include but to limited to the following: Intersection traffic control (law enforcement flagging) either at signalized or unsignalized intersections. Signalized intersections will be placed in 4-way flash mode by the police officer, who will then control traffic through the intersection from the center of the intersection. Short term road/street closures. Assists with closures by maintaining police presence at closure points and directing traffic at closure points as needed. Encourage driver traffic control compliance through law enforcement presence at the work zone, patrolling the work zone and enforcement of traffic laws. -1- GCA-0781 The STATE's contact for this agreement will be the STATE's Project Engineer assigned the project administration or his designee. The officers provided by the CITY shall be under the control of the CITY's Police Chief or his designee and shall perform the duties required by this agreement in a manner consistent with CITY policy, applicable state and local laws and the Constitution of the State of Washington and the United States. Assignment of personnel to accomplish the purpose of this agreement shall be at the discretion of the CITY's Police Chief, or his designee. The STATE agrees to provide the CITY a minimum of two working days notice when police officers are needed. H PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for actual direct and related indirect cost of the work An itemized estimate of the cost of work to be performed by the CITY at the STATE's expense is marked Exhibit "A' and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request by the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final audit, all required adjustments will be made and reflected in a final payment During the progress of the work and for a period not less than three(3) years from the date of the final payment to the CITY, the records and accounts pertaining to the work of the project and accounting therefore are to be kept available for inspection and audit by the STATE and/or the Federal Government and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the 3-year retention period. -2- GCA-0781 HI EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by supplemental AGREEMENT coveting the increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to beginning of such work. Where changes are substantial, written approval must be secured prior to the work being performed. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to the costs covered by written modification, change order or extra work order approved by the STATE. LEGAL RELATIONS No liability shall attach to the STATE or to the CITY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. DEPARTMENTAL APPROVAL: CITY of BREMERTON BY: BY: Paul DuFresne, Police Chief Asset: APPROVED AS TO FORM: Lynn Horton, Mayor DATE: STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION BY: DATE: /--7/q/Z ! C BY: Ian Sievers, Bremerton DATE: City Attorney -3- GCA-0781 EXHIBIT "A" AGREEMENT GCA-0781 ESTIMATE OF COST POLICE OFFICER AND VEHICLE 450 HOURS ~ $45.28 = $21,726.00 -1- EXHIBIT "A" GCA-0781 I I I. lVI~IOIIVN, AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ~4/3~3 An Ordinancg.~amending Chapter 2.46 of the Bremerton Municipal Code, Employees - Suggestion Award Progra~ FOR AGENDA OF: April 30, 1997 ORIGINATING DEPT.: Human Resources ORIGINATOR: Jim Meith DATE SUBMITTED: April 22, 1997 on back if necessary) 3. EXHIBITS: Proposed Ordinance CITY 'ATTOR3~EY ,~ ENDORSEMENT/ INFORMATION [] MAYOR C~TIONS COMMITTEE APPROVED BY COUNCIL PRESIDENT_FOR SUBMITTAL: O CILP I NT 4. SL%vlW3%RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A Employee Recognition Task Force has been formed to look into ways that the City can recognize the many contributions made by employees in serving the citizens. These recommended proposed changes to the Employee Suggestion Award Program are part of that review. The changes open the suggestion program to all employees, provide for awarding exemplary service, streamline and simplify the process, and incorporate needed revisions in terminology. 8. RECOMMENDATION: Motion to ~izst ~' - , z==u=~g ~ pass on second, Ordinance No. amending Chapter 2.46, Employee Suggestion Award Program, of the Bremerton Municipal Code. 9. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Human Resources Manager EXPIRATION DATE: On Going REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: q 7- ~ ~O 8A IMPACT OF NON-PASSAGE: The Suggestion Program would not function to full potential and not serve as a incentive for all employees. IMPACT ON STAFFINGr BUD~TSr FACILITIES~ E~3IPMENT OR OTHER RESOURCES: Money for any awards will come from already budgeted funds, that will not be expended due to the suggestion. 7. RESEARCH SOURCES: ORDINANCE NO. t~5 C~ 3 AN ORDINANCE amending BMC 2.46, EMPLOYEE §UGGE§TION AWARD PROGRAM. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Chapter 2.46 of the Bremerton Municipal Code is hereby amended to read as follows: .010 ESTABLISHMENT AND INTENT. There is established an employee suggestion award program in order to stimulate · ~" -~4g · suggestions ~ from C~ty employees which wifl-be-of benefit~ to the City ~) .... 7'~-. (Ord. 4071 §1, 1986). ~ .020 DEFINITIONS. As used in this chapter, unless the context requires otherwise: (a) "Board" means the employee suggestion awards board. (b) "Program" means the~~ program developed under this chapter. (c) "Employee" means any person employed by the City and occupying an authorized budget position but not including nia,aageni¢i,~ bcr~o,~a¢l or o~ccrs ~ of the City. except-as Ul cm~mm~ UI LI,~ L, IL~y ~U¥~mmm~z~lIL. {~ "Eligible suggestions" means suggestions which fulfill the criteria for submission and have been submitted in conformance with procedures for submission established in this chapter. "~:ts;at~'~:~ ~" means the normal office hours and days,~,-=~h¢ 2.4~.010~,~ . (Ord. 4071 §2, 1986). .030 SUGGESTION AWARD. (a) There is created a suggestion award board composed of five ~ members, as follows: th ,-,:___.__ _,, l J___:_:_~_ .: ._ o__2___1,.:~_ .-,__1 ,,:__ ~1_:_,, ,.:~ .__: ............. :,. .... .. ~ ...... ~~ The administration of the program is vested in this board. (b) The board shall elect annually a chairperson from among its members. The board shall meet in regular session at least once each quarter. Additional meetings may be called by the chairperson. (c) A majority of the members of the board shall constitute a quorum for the transaction of all business; provided, however, a majority vote of the members of the board shall be necessary in order to adopt any motion or resolution with reference to the making of awards. The chairperson shall keep minutes of board meetings and other such records as the board may deem necessary for its proper function. (Ord. 4071 {}3(1 - 2), 1986). .040 SUGGESTION AWARD BOARD - ANNUAL REPORT. shall be 1986). The board shall prepare an annual report covering the preceding calendar year. This report submitted to both the City Council and the Mayor, and shall include: (a) Information concerning suggestions approved for iiionczary ;..ad coiih~icnda~oi-y awards: (b) Total amounts a'ward~ , (c) Administrative costs of the program; (d) Measurable savings to the City; and (e) Other information and statistical data deemed pertinent by the board. (Ord. 4071 {}3(3), .060 CRITERIA FOR SUBMISSION OF SUGGESTIONS. Participation in the program shall be limited to those employees who submit a suggestion in accordance with the following regulations: (a) To be eligible for a money award, a suggestion must make possible an extension of public service commensurate with the expense involved or an elimination or reduction of City expenditures without substantially impairing such service, or provide a desirable safety factor. ~UUIU llUlllltm~ly UI;~ ~;A}JUbLIi;;~.I LU Uii~;;;I Ill IIII~C; UI UlJty. ~.~lLy IJ.~)i;Z;ll%~.y (J, IIUbL~JU GL LIIU LIIIIliZ; LIIU 3U~U~LIUII V~IZ{~ III~{.UU. ~]}~Employees shall not be eligible for an award for suggestions pertaining to subjects in which the suggest or, either_directly or indirectly, has a proprietary interest· ~j~ If duplicate suggestions are submitted, only the first received by the board shall be eligible for an award. (Ord. 4071 {}4, 1986). .070 PROCEDURE FOR MAKING AND CONSIDERING SUGGESTIONS. The following procedure for making and consideration of suggestions is established: (a) Suggestions may be submitted~=,~,~~ to the individual employee's department ~ head for transferal to the board or by any other method established by the board pursuant to this chapter· (b) Suggestions shall be submitted in a legible form and shall include: (1) A specific statement of what is suggested and how it can be accomplished; (2) A brief statement describing the present methods, practices or problem; and (3) A statement of the potential of the savings, improved services or benefits which will occur from the adoption of the suggestion. (c) Suggestions must be signed and each suggest or shall execute the following agreement: "In consideration of my participation in the Suggestion Award Program, I hereby agree that the use by the City of Bremerton of my suggestion concerning ... shall not be the basis of a claim of any nature against the City of Bremerton by me, my heirs, executor or assigns." (d) The board shall record and acknowledge receipt of eligible suggestions, shall advise the suggestors of any undue delay in the consideration thereof, and shall notify the suggest or of action taken as soon as final consideration has been '-.,,,,- (e) Eligible suggestions may be referred for consideration to the ~ departments affected, which shall, within sixty ~ days thereafter, report its findings and recommendations to the board. The departmental report shall indicate whether or not a suggestion has been adopted and the actual or estimated reduction of expenditures or the value thereof to the City. (f) The board shall evaluate each eligible suggestion, taking into consideration departmental agvncy action and the intent of the program; and it shall formulate and transmit to the ~ an official recommendation covcn'ing the justifications of each suggestion that merits an award and the type and amount thereof. A suggestion which has been put into effect by the City agency ~ concerned must be submitted to the board for award consideration. (g) The ~ ~, upon approval of a recommendation of the board, may authorize a money awar~~ or an appropriate commendation. (h) A suggestor may file a written request to the City Council ~ for reconsideration of an adopted suggestion which had been rejected by the board.,_,L,~"~'- ...... ,,,,~,~,,~,~.,~ ..... ' ~ejected suggestions subsequently adopted may be resubmitted to the board in the regular manner. (I) The City Council may request,.-"'~,.~ ,o. Ly~':~- ~,,,.L,,,,' ~:'- through the Audit Committee, a cost ..... ~'~- ....... J (Ord. 4071 {}5, 1986). benefit analysis of the program or ,~ *t~,~"~,~ -,~,~, .080 CERTIYlCATES OF MERIT. The board may issue certificates of merit in such form and manner as they determine. Such certificates may be in addition to or in lieu of cash o~ awards. Managcnicn~ ~,~, ......... ~,,-,,~,' ,~,-~"~,,~- Cky .090 CASH AWARDS - AMOUNT. No cash award shall be for less than ~ dollars or for more than the maximum amount of one ~ thousand dollars i!i ~ ..... a , a~.~ · ...... ~r~ ,. calculated as follows: (a) Awards for suggestions which will result in demonstrable savings of money shall be approximately ten percent of the estimated value to the City of the suggestion during the first year following its adoption, as determined by the board. (b) Suggestions which will result in non-cost savings improvements, such as benefits in safety, o-~ch ,~,~,,~,, ~ commensurate with the benefits anticipated from shall insofar as possible, niak¢ .... ~- ~:' '~''=~ the suggestion, L__.: ......... , .... L ......... =___ ~_,, .......... ~ ......,____~__~ __~ ,~ ~-"--- (,Ord. 4071 {}7, 1986). APPROVED by the City CouncU ofthe City ofBreme~ont~s ,1997. PASSED bythe City Councilofthe City ofBremeaont~s ,1997. day of day of APPROVED this day of DAVID D. FARR, CouncU Presidem .,1997. ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk ORDINANCE /r~4 5 94 1. SUBJEL-'r: ~ ~ to annexe Oyster Bay Annexation Area.and Amend The Comprehensive Plan AGENDA BILL BREMERTON CITY COUNCIL ,(--7- FOR AGENDA OF: ,4~,~,~ ~o, ~'q ORIGINATING DEPT: Executive ORIGINATOR: I. Sievers, City Attorney..-~<~_ DATE SUBMITTED: 3/31/97 2. CLEARANCES: (Comment on back if necessary.) · 6 Neill, Mun~i.,p~l Services Coordinator Dir. Community Development 3. EXHIBITS: ,/Staff Report ,~ Petition t'o, &'~e_; n ¢,~ C ier~<'s Orr, ~ c) Certification of Petition Annexation Area v/ Proposed Ordinance annexing Oyster Bay Area .4/Planing Commission Findings and Findings and Recommendation; COUNCIJ~Q~MMITTEE ~ L~_7~O(k~M~.~.~,~FORMATiON~ C Z,.~,"~,'~',~,,-.-,"' -- [] APPROVED BY CO~CI~SID~NT~F~R SUBMITTAL: MAYOR~ ~.~ CO~ClLP~SIDENT~~~ 4. SUMMARY STATEME~ AND REQ~REME~ FOR CO~CIL A~ION: A legally s~cient petition for ~exation h~ ~n fil~ for the ~ster Bay A~exation Area as described in the Letter of Intent approv~ by th~ CiW Co,oil 12/11/96, and the petition. A public hearing on the petition p~suant to RCW 35.13.140 is held to take cogent on ~is proposed a~exation. ~e propos~ or~ also adopts amendents to tho West Hills Plan originally adopted in 1990 fir ~is area. ~5~omp Nan d~i~ation of~ercia~ (C) were cogected to General and Highway Co~ercial (CG) to reflect c~ent ~egcq~e~he proposed ~en~en~ thing= ~ ming sou~ of Zircon Ln. and west of Ba~iew Ave. adjacent to th~ treatment plant from SF-3 to multifamiE (MF) ~ a M~m ~nsiW Residential (MDR) comp pl~ desi~ation. The Comp Plan desi~ation south of the wastewater treatment is amended from Industrial General (IG) to Utiliw (U). (Continued on back) 8. ~COMMENDATION: [4/ / 97] 2. Pass Ordinance No. ~l/~'q ¥ on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED l] DISAPPROVED Il AMENDED [1 DATE: COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: q7-oq( 2. CLEARANCE COMMENTS: [4 cont.] Community Development will initiate a zoning review for the SF-3 area north of the treatment plant after annexation to provide for lam: uses consistent with the CG Conap. Plan designation and the industrial nature of the neighboring treatment plant. 5. IMPACT OF NON-PASSAGE: Lack of City jurisdiction over city properties east of Oyster Bay. Lower density development for areas subject to zoning amendment 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: KITSAP C,. UNTY ASSESSOR __ ~ Belas 614 Division Street MS-22 · Port Orchard, Washington 98366 (360) 876-7160 April 24, 1997 Kathy McCluskey Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 Dear Ms. McCluskey: I have reviewed the information you forwarded regarding the proposed Oyster Bay annexation. According to my calculation, the petition represents over 75% of the assessed value of the annexation area. The calculation is based on the assessed values upon which taxes payable in 1997 were levied. If you have any questions or comments, please call me a 876-7091. Sincerely, Sharon Floyd Levy Analyst pw Toll Free: Poulsbo (360) 698-3368 · Bainbridge Island (206) 842-2061 · Olalla (206) 8514147 Filed for Record at Request of: When Recorded Return to: Name Bremerton City Clerk Address 239 Fourth Str~ Bremerton~ Washington 98337 Oyster Bay Ordinance Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Abbreviated Legal Description: PTN. OF SE1/4 OF THE NE1/4 OF S21, T24N, R1E W.M.; ALSO, PTN. OF S22, T24N, R1E W.M.; ALSO, PTN. OF NWl/4 OF S.27, T24N, R1E W.M.; ALSO PTN. OF PLAT OF OLE HANSON'S NAVY YARD ADDN.; AND ALSO, N375.6 FT. OF THE NE1/4 OF THE NE1/4 OF S28, T24N, R1E W.M. (Additional legal on Exhibit Assessor's Property Tax Parcel/Account Number: 4502-014-007-0009; 4502-014-010-0103; 4502-014-012-0002; 4502-020-003-0000; (Additional property tax parcel/account numbers on Exhibit "E') ORDINANCE NO. g/~'~'/7/ AN ORDINANCE annexing an area known as the Oyster Bay Annexation Area and amending the City's Comprehensive Plan and zoning for the Area. WHEREAS, the City of Bremerton, Washington received from property owners residing within the Oyster Bay Annexation Area, approximately located south ofLoxie Eagans interchange, east of Cottman Ave. West of SR3, a 75 percent petition for annexation signed by owners representing 75 percent or more of the assessed valuation of property within the annexation area; and WHEREAS, the City Council approved the 10 percent Letter of Intent on December 11, 1996 and simultaneous adoption of city comprehensive plan and land use designations and assumption of a proportional share of city indebtedness; and WHEREAS, the Bremerton City Council conducted a public hearing on April 30, 1997, following posting and publication of the hearing, as required by law, to accept public comments on the annexation petition; now, therefore, THE CITY OF BREMERTON DOES ORDAIN: OYSTERBY.ORD - Ord. Dsk - 3/31/97 Section 1. The territory described and further depicted in Exhibit "A" and "B," respectively, and attached hereto and incorporated by reference herein shall be and constitute a part of the City of Bremerton. Section 2. In conformance with the terms of the annexation petition, all property, within the territory annexed, hereby shall be subject to all the laws of the city and ordinances including assessment or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of annexation. Section 3. The Comprehensive Plan and Official Zoning Map of the City of Bremerton shall be amended according to Exhibits "C" and "D" respectively, attached hereto and incorporated by reference herein. Section 4. This ordinance shall not take effect until the final approval by the Kitsap County Boundary Review Board, but no sooner than ten days following passage and publication. The City Clerk shall certify this annexation ordinance with the Kitsap County Board of Commissioners upon its effective date. APPROVED by the City Council on the first reading this __day of 1997. PASSED by the City Council this day of , 1997. APPROVED this day of David Farr, CouncilPresident , 1997. Lynn S. Horton, Mayor of Bremerton ATTEST: Kathleen McCluskey, City Clerk OYSTERBY.ORD - Ord. Dsk - 3/31/97 EXHIBIT NO." Pt , - DESCRIPTION FOR THE OLE HANSON'S & SR3 & SOUTH OF TREATMENT PLANT AND GOVT LOT 1 SEC 28 ANNEXATION AREA 11/18/96. CHECKED BY NED LEVER. REVISED 12/18/96 That portion of the SE1/4 of the NE1/4 of Section 21, T24N, R1E, WM, lying easterly of the westerly margin of the Right-of-Way acquired for SR-3, and south of the south margin of Werner Rd (Loxie Egans Blvd.) ALSO: That portion of Section 22, T24N, R1E, WM, lying westerly of the easterly fight-of-way line of SR-3, and southerly of the south right-of-way line of Wemer Rd (K Street), Except the following described property; Beginning at the SW comer of Section 22, T24N, R1E, W.M.; thence S87°59'08"E, 30 feet to the east margin of Oyster Bay Road and the TPOB; thence N1 °59'33"E, 592.34 feet; thence S22°34'27"W 85.33 feet; thence N1 °59'33"E 449.60 feet; thence S88°05'58"E 200.99 feet; thence N22°34'27"E 107.31 feet; thence S88°05'58"E 170.88 feet; thence N1 °51'36"E 90.0 feet; thence S88°05'58"E, 75.97 feet; thence S8°50'05"W 101.98 feet; thence S2°28'31"E, 300.0 feet; thence S3°08'39"W, 132.77 feet; thence along the arc ora curve to the fight whose point of radius bears S87°31'29"W, 1380 feet an arc distance of 276.00 feet; thence S4°52'20"E, 197.17 feet; thence S19°41'29"W, 154.21 feet; thence N87°59'08"W, 46.14 feet; thence N19°53'22"E, 4.62 feet; thence N70°06'38"W, 134.06 feet; thence S19°53'22"W, 47.86 feet; thence N87°59'08"W, 247.69 feet to The TPOB. ALSO: That portion of the NWl/4 of Section 27, T24N, R1E, W.M. lying westerly of the west margin of the State Right-of-Way for SR-3 and SR-304. Except the foiling described property; Beginning at the NW corner of said Sec. 27; thence along the north line of said Sec. 27, S89°29'10"E 135.71 t5 to the TPOB; thence continue S88°29'10"E 107 15; thence SI °36'40"W 150 ft; thence N89°3 l'30"W 207 fi; thence N34°56'16"E 181.98 ff to the TPOB. ALSO: That portion of the Plat of Ole Hanson's Navy Yard Addition lying between the east margin of Cottman Ave and the centerline of Oyster Bay Ave. ALSO: The north 375.6 feet of the NE1/4 of the NE1/4 of Section 28, T24N, R1E, W.M. EXCEPT the following described parcel; That portion of Govt. Lot 1 of said Sec. 28. Beginning at the section comer common to Sections 21, 22, 27, and 28 of said Township and Range; thence S 15 °51'34"W 30 feet; thence N88 o 15'53"W 957.38 feet to the TPOB; thence continuing N88 ° 15'53"W 373.78 feet; thence S1°05'03"W 315 feet; thence running northeasterly 485.90 feet to the TPOB. ALSO EXCEPT the west 373.78 feet of the north 30 feet of said Govt Lot 1. CONTAINING 66.84 ACRES Oyster Bay Avenue Annexation I~NIRrr ANNEXATION AREA MAP --"".'"_______~_'--;'~____~' ~ : / / Breme~on ~ ~/ ~ ~ I ~,. ~. Unincorporated :~/ b / / ci~ Limi~ ~ City of ' ~~ Bremedon~ i' ' ! i~B"~/I,.',,.A~,~./~ !~ ~~ ~ ~:"-~:-~-'-~ - ".."- J ....~ ..... ..' It, c .... ~ , : ~ o ~ · .' ' -~ . "oWd W uremenon ~7 ci~ Limib / .W Zircon Ln. ' ~ I~ , I i ,/ ~//~ / ./ t -~ // / // llll Current Bremerton City Limits 9 Annexation Area Boundary Oyster Bay Avenue Annexation ~ EXHIBIT NO. "~" Proposed COMPREHENSIVE PLAN ....... , .... , , ............. Werner Road MDR: Medium Density Residential C-G' General & Highway Commercial U: Utilities I I City of ~, .... Bremerton !. _ :~ iW[ I }_S t. 1 r St. 17 ::: ~ C ..... !C-G~ ? . Sewage ~ Treatment Plant {in City) ' I i .W Zircon Ln. , i MDR UNINCORPORATED 12 Oyster Bay Avenue Annexation Proposed ZONING MF: .~.-~ ~- ........ WernerRoad Multi-unit Residential (8-18 DU/Acre) SF-3: Single-unit Residential (3-8 DU/Acre) IG: Industrial General City of Bremerton ~6 .W Zircon Ln. MF UNINCORPORATED 13 Sewage Treatment Plant (in City) j_W_LLLS}... LLL-_ EXHIBIT "E" ADDITIONAL ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS: 9000-005-007-0008 4502-014-012-0101 4502-020-007-0006 4502-020-030-0106 4502-021-001-0000 4502-021-006-0005 4502-021-031-0004 4502-024-003-0002 4502-024-008-0007 4502-024-025-0204 4502-024-034-0005 4502-025-003-0009 4502-025-007-0005 4502-025-012-0008 4502-025-026-0002 4502-025-027-0001 4502-025-031-0005 4502-028-003-0003 4502-028-005-0001 4502-028-010-0004 4502-028-025-0007 4502-028-031-0009 4603-004-012-0001 4600-018-034-0008 222401-3-001-2004 222401-3-004-2001 4546-001-001-0000 4546-001-008-0003 4546-002-001-0008 4546-002-009-0000 4546-002-014-0003 4546-002-017-0000 4546-002-021-0004 4546-004-001-0004 4546-003-004-0003 4546-003-009-0008 4546-003-016-0009 4546-005-001-0100 4546-005-006-0006 OYSTERBY.ORD - Ord. Dsk - 3/31/97 4502-014-010-0004 4502-020-001-0002 4502-020-009-0004 4502-020-032-0005 4502-021-003-0008 4502-021-008-0003 4502-021-033-0002 4502-024-005-0000 4502-024-010-0003 4502-024-027-0004 4502-025-001-0004 4502-025-004-0008 4502-025-008-0004 4502-025-024-0004 282401-1-021-2008 4502-025-028-0000 4502-025-032-0004 4502-028-001-0005 4502-028-006-0000 4502-028-011-0003 4502-028-027-0005 4603-002-020-0005 272401-2-003-2009 4600-018-033-0009 222401-3-002-2003 222401-3-008-2007 4546-001-005-0006 4546-001-009-0002 4546-002-002-0007 4546-002-012-0005 4546-002-015-0002 4546-002-018-0009 4546-002-022-0003 4546-003-001-0006 4546-003-006-0001 4546-003-010-0005 4546-003-018-0007 4546-005-004-0008 4546-005-007-0005 4502-014-010-0202 4502-020-003-0000 4502-020-028-0001 4502-020-035-0002 4502-021-005-0006 4502-021-028-0009 4502-024-001-0004 4502-024-007-0008 4502-024-024-0007 4502-024-032-0007 4502-025-002-0000 4502-025-005-0007 4502-025-009-0003 4502-025-025-0003 282401-1-059-2003 4502-025-029-0009 4502-025-034-0002 4502-028-004-0002 4502-028-009-0007 4502-028-022-0000 4502-028-029-0003 4603-003-001-0006 4600-018-001-0007 4600-018-038-0004 222401-3-003-2002 222401-3-006-2009 4546-001-006-0005 4546-001-010-0009 4546-002-005-0004 4546-002-013-0004 4546-002-016-0001 4546-002-019-0008 4546-002-023-0002 4546-003-002-0005 4546-003-007-0000 4546-003-013-0002 4546-003-019-0006 4546-005-005-0007 4546-005-008-0004 47 4546-005-010-0000 4546-005-015-0104 4546-005-023-0005 282401-1-062-2008 282401-1-067-2003 4546-005-011-0009 4546-005-018-0002 282401-1-003-2000 282401-1-069-2001 4546-005-012-0206 4546-005-021-0007 282401-1-002-2001 282401-1-068-2002 OYSTERBY.ORD - Ord. Dsk - 3/31/97 1 OYSTER BAY ANNEXATION PETITION 4502-014-007-0009 CITY 2450 2450 9000-005-007-0008 CITY 12710 12710 450:2-014-010-0004 CITY 18290 18290 4502-014-010-0103 CITY 48690 48690 4502-014--010-0202 CITY ~a.~80 ~.~.~$0 4502-014-011-0003 CITY 64550 64550 4502-014-012-0002 CITY 22860 22860 4502-014-012-0101 CITY 4080 4080 4502-020-001-0002 CITY 22120 22120 4502-020-003-0000 CITY 63450 63450 4502-020-007-0006 CITY 49370 49370 4502-020-009-0004 CITY 71000 71000 4502-020-028-0001 CITY 16330 16330 4502-020-030-0106 CITY 20660 20660 4502-020-032-0005 CITY 51970 51970 4502-020-035-0002 CITY 11430 11430 4502-021-001-0000 CITY 82700 82700 4502-021-003-0008 CITY 54100 54100 4502-021-005-0006 CITY 7350 7350 4502-021-006-0005 CITY 34720 34720 4502-021-008-0003 City 1170 SW Bay SWeet 32670 32670 4502-021-028-0009 CITY 80880 80880 4502-021-031-0004 CITY 44000 44000 4502-021-033-0002 CITY 43390 43390 4502-024-001-0004 CITY 58140 58140 4502-024-003 -0002 CITY 62410 62410 4502-024-005-0000 CITY. 69940 69940 4502-024-007-0008 CITY 35840 35840 4502-024-008-000? City 4313 F Street 52120 52120 4502-024-010-0003 CITY 60290 60290 4502-024024-0007 CITY 4080 4080 4502-024-025-0204 CITY 16330 16330 4502-024-027-0004 CITY 49970 49970 4502-024-032-0007 Draper 4325 E Street 31680 4502-024-034-0005 Draper 4325 E Street 11430 4502-025-001-0004 Grimes 11029 Bartlett NE 18590 4502-025-002-0000 Draper 4325 E Street 66560 4502-025-003-0009 Draper 4325 E Street 24400 4502-025-004-0008 CITY 29810 29810 4502-025-005-0007 CITY 39960 39960 4502-025-007-0005 Hastings 3756 Be[fair Vly 4900 4502-025-008-.0004 CITY 20080 20080 4502-025-009-0003 City 3059 Opdahl Rd E 53970 53970 4502-025-012-0008 CITY 5710 5710 4502-025-0240004 CITY 17780 17780 4502-025-025-0003 CITY 9980 9980 4502-025-026-0002 CITY 37590 37590 4502-025-027-0001 Draper 4325 E Street 57380 4502-025-028-0000 CITY 26240 26240 4502-025-029-0009 CITY 31980 31980 4502-025-031-0005 CITY 29630 29630 4502-025-032-0004 CITY 41800 41800 4502-025-034-0002 Draper 4325 E Street 13880 4502-028-001-0005 CITY 81360 81360 4502-028-003-0003 CITY 32100 32100 4502-028-004-0002 CITY 44030 44030 4502-028-005-0001 CITY 32500 32500 4502-028-006-0000 Faith Temple 3114 13th St 38000 Church 4502-028-009-0007 City 8980 8980 4502-028-010-0004 City 53480 53480 4502-028-011-0003 Nichols PO Box 491 94230 4502-028-022-0000 City 320 320 4502-028-025-0007 City 55450 55450 4502-028-027-0005 Faith Temple 3114 13th Street 45930 Church 4502-028-029-0003 City 39280 39280 4502-028-031-0009 City 86880 86880 4603-002-020-0005 State DOT PO Box 47440 17320 17320 4603-003=001-0006 State DOT 600 Capital Way N 100000 100000 4603-004-012-0001 State Agency Lands 600 Capital Way N. 340 340 272401-2-003-2009 State Dept of PO Box 47440 178900 178900 Transportion 4600-018-001-0007 City 4080 4080 4600-018-034-0008 City 72400 72400 4600-018-033-0009 City 56470 56470 4600-018-038-0004 City 6530 6530 222401-3-001-2004 City 61860 61 .860 222401-3-002-2003 City 39150 39150 222401-3-003-2002 Ketchum 4321 C St 96670 222401-3-004-2001 City 6530 6530 222401-3-008-2007 City 50650 50650 222401-3-006-2009 City 49830 49830 4546-001-001-0000 Houghton 275 Broad Hollow 73090 4546-001-005-0006 City 39460 39460 4546-001-006-0005 City 95370 95370 4546-001-008-0003 City 55720 55'~20 4546-001-009-0002 HM Inc PO Box 4999 2450 2450 4546-001-010-0009 Houghton 275 Broad Hollow 13880 4546-002-001-0008 City 9800 9800 4546-002-002-0007 City 24500 24500 4546-002-005-0004 City 32670 32670 4546-002-009-0000 City 67850 67850 4546-002-012-0005 City 6530 6530 4546-002-013-0004 City 51090 51090 4546-002-014-0003 City 68090 68090 4546-002-015-0002 City 1400 Cottman Ave 93550 93550 4546-002-016-0001 HMI Inc. PO Box 4999 13880 13880 4546-002-017-0000 City 13880 13880 4546-002-0 18-0009 City 13880 13880 4546-002-019-0008 City 48330 48330 4546-002-021-0004 Preus 9151 Tracyton Blvd. 9800 4546-00~2-022-0003 Jarstad 2823 He~fner 8160 8160 4546-002-023-0002 Wright 1622 Cottman Ave 45090 4546-004-001-0004 Haselwood PO Box 4999 32670 32670 4546-003-001-0006 City 50070 50070 4546-003-002-0005 City 54110 54110 4546-003-004-0003 City 71500 71500 4546-003-006-0001 City 57560 57560 4546-003-007-0000 City 117510 117510 4546-003-009-0008 City 8160 8160 4546-003-010-0005 Dahl E 940 St Hwy 302 20220 4546-003-013-0002 City 80650 80650 4546-003-016-0009 City 66910 66910 4546-003-018-0007 City 11350 11350 4546-003-019-0006 City 97110 97110 4546-005-001-0100 Haselwood PO box 4999 54250 54250 4546-005-004-0008 Thomes 915 Oyster Bay Ave 40610 S 4546-005-005-0007 City 63220 63220 4546-005-006-0006 Has~gs 3756 Belfair Vly 16330 4546-005-007-0005 City 49580 49580 4546-005-008-0004 Ross 901 Oyster Bay 16330 4546-005-010-0000 Ross 901 Oyster Bay 8160 4546-005-011-0009 Jarstad 2823 Hefner 8160 8160 4546-005-012-0206 Ross 901 Oyster Bay Ave 18000 4546-005-015-0104 Ross 901 Oyster Bay 96000 Avenue 4546-005-018-0002 Casad 16020 NF_. 2nd St 17150 4546-005-021-0007 Ross 901 Oyster Bay 50630 4546-005-023-0005 Jarstad 2823 Hefner 13880 13880 282401 1 003 2000 Meigs 1711 Bayview Drive 40830 282401 1 002 2001 Meigs 1711 Bay View Drive 184760 282401 1 002 2001 Meigs 1711 Bay View Drive 95140 282401 1 062 2008 Haselwood PO Box 4999 3590 3590 282401 1 069 2001 Lauth 8712 Magnolia #196 24500 24500 282401 1 068 2002 Lauth 8712 N Magnolia 24500 24500 #196 282401 1 067 2003 Lauth 8712 Magnolia #196 40830 40830 282401 1 021 2008 Lauth 8712 N Magnolia 56430 56430 282401 1 059 2003 Haselwood PO Box 4999 21250 21250 TOTALS (77.8%) 4389340 5639010 Exhibit A: Legal Description of the Oyster Bay Annexation DESCKIPTION FOR THE OLE HANSON'S & SR2 & SOUTH OF TREATIVIENT PLANT AND GOVT LOT 1 SEC 28 ANNEXATION AREA 11/18/96. ~ BYNED LEVEIL REVISED 12/18/96. Further revised 4/29/97 per Kitsap Co. Public Wks. That portion of the SE1/4 of the NE1/4 of Section 21, T24N, R1E, WM, lying easterly of the westerly margin of the Right-of-Way acquired for SR-3, and south of the south margin of Wemer Rd (Loxie Egans Blvd.) ALSO: That portion of Section 22, T24N, R1E, WM, lying westerly of the eagexty right-of-way line of SR-3, and southerly of the south right-of-way line of Werne~ Rd (K Street), Except the following described property; Beginning at the SW comer of Section 22, T24N, R1E, W.M.; thence S87°59'08~E, 30 feet to the east margin of Oyster Bay Road and the TPOB; thence N1 °59'33~E, 592.34 feet; thence S22°34~27~W 85.33 feet; thence N1 °59'33'E 449.60 feet; thence S88°05'58~E 200.99 feet; thence N22°34'27~E 107.31 feet; thence S88°05'58~E 170.88 feet; thence N1 °51~36'E 90.0 feet; thence S88°05'58'E, 75.97 feet; thence S8°50'05'W 101.98 feet; thence S2°28'31'E, 300.0 feet; thence S3°08'39"W, 132.77 feet; thence along the arc of a curve to the right whose point ofradiu~ bears S87°31'29"W, 1380 feet an arc distance of 276.00 feet; thence SA°52'20*E, 197.17 feet; thence S19°4V29"W, 154.21 feet; thence N87°59'08%V, 46.14 feet; thence N19°53'22#E, 4.62 feet; thence N70°0638"W, 134.06 feet; thence S19°53'22"W, 47.86 feet; thence N87°59'08*W, 247.69 feet to The TPOB. ALSO: That portion of the NWl/4 of Section 27, T24N, R1E, W.M. lying westerly of the west margin of the State Right-of-Way for SR-3 and SR-304. Except the foiling described property; Beginning at the NW comer of said Sec. 27; thence along the north line of said Sec. 27, S89°29'10"E 135.71 fl~ to the TPOB; thence continue S88°29'10~E 107 fi; thence S1 °36'40~W 150 t~; thence N89°3 I'30NW 207 f~; thence N34°56'16"E 181.98 f[ to the TPOB. ALSO: That portion of the Plat of Ole Hanson's Navy Yard Addition Volume 4, Page 56, Plat//4546 of Kitsap County, WA records lying between the east margin of Cottman Ave and the centerline of Oyster Bay Ave. ALSO: The north 375.6 feet of the NEll4 of the NEll4 of Section 28, T24N, R1E, W.M. EXCEPT the following described parcel; That portion of Govt. Lot 1 of said Sec. 28. Beginning at the section comer common to Sections 21, 22, 27, and 28 of said Township and Range; thence S 15°51'34~W 30 feet; thence N88° 15'53"W 957.38 feet to the TPOB; thence continuing N88° 15'53~W 373.78 feet; thence S1°05'03"W 315 feet; thence running northeasterly 485.90 feet to the TPOB. ALSO EXCEPT the west 373.78 feet of the north 30 feet of said Govt Lot 1. CONTAINING 66.84 ACRES FINDINGS OF FACT CONCLUSIONS OF LAW of the BREMERTON PLANNING COMMISSION Oyster Bay Avenue Annexation Area PRE-ANNEXATION PLAN & ZONING File No: PAZ-01-97 Prepared by: Ron W. Hough, Planning Manager --- Department of Community Development --- Feb. 10, 1997 SUMMARY The City of Bremerton is considering the annexation of approximately 67 acres, known as the Oyster Bay Avenue Annexation Area. The area is a portion of an unincorporated area in the vicinity of, and surrounding, Bremerton's sewage treatment plant. The accompanying maps show the extent and location of the proposed annexation. Prior to the final annexation decision by the City Council and Boundary Review Board, the City's process calls for Planning Commission review and recommendation for the most appropriate Comprehensive Plan designation and City zoning, both of which will take effect upon annexation. FINDINGS OF FACT 1. APPLICANT: LOCATION: Owners of properties within the Annexation Area have submitted Letters of Intent to Annex their properties into the City, or have entered into agreements with the City whereby they would receive City utility services while remaining in the County until such time as annexation is most appropriate. The annexation area consists of approximately 67 acres and about 125 individual parcels. It is located in the "West Hills" area of West Bremerton, generally west of and including SR-3, south of Werner Road, east of Cottman Avenue, north of the Sunn Fjord development, and surrounding the City's sewage treatment plant, which is already within the City limits. (SEE: "General Location" map and "Annexation Area Map") DESCRIPTION: (a) Size: Approximately 67.38 acres. (b) Lots: Approximately 125 lots of various shapes and sizes. (c) Development: Most of the proposed annexation area consists of small vacant parcels and older residences on relatively small lots in an urban-like setting along the west side of the freeway (SR-3) and generally north of the sewage treatment plant. The area also contains some small business uses, a church, and a small park. With the exception ora couple dwellings, the areas south of the treatment plant are undeveloped. (d) Access: Werner Road provides direct access from the freeway (SR-3). Oyster Bay Avenue, south of Werner Road, provides access into the Am~exation Area from the AUto Center commercial district to the north. Roosevelt Street provides access from Union Avenue on the west. (c) Topography: The Annexation area consists of some steep terrain (up to 25% slopes) as well as some relatively flat areas. The primary residential neighborhood lies in a narrow valley between SR-3 to the east and hillside residential areas to the west. (d) Utilities: Sewer: The annexation area surrounds the Bremerton sewage treatment plant and lies within the City's sewer service area. Future growth and development, as proposed in the City's Comprehensive Plan, can be adequately and conveniently served. Water: Tile area is within the City's water service area and planned future growth can be adequately served with City water. police: Tile area is currently within the jurisdiction of Kitsap County and served by the County Sheriff's office. Upon annexation the Bremerton Police Department will have primary responsibility for law enforcement. 2 5'7 The City's Police Department has a higher ratio of officers to population and has the ability to serve the area adequately. Fire; The Annexation Area is presently served by a rural fire district. Upon annexation, it will be served by the Bremerton Fire Department, which has the equipment and the full time professional fire and medical personnel needed to serve the area adequately. The nearest City fire station is located at the southwest comer of Arsenal and Kitsap Way. 4. COMPREHENSIVE PLANS: (a) Kitsap County_: (b) Kitsap County's most recent Comprehensive Plan was adopted in December 1996 but is subject to review and approval by the Growth Management Hearings Board, which declared the previous Plan invalid. The newly adopted Plan has placed all of the annexation area within the Urban Growth Area, making it subject to annexation. The Plan also designates the area "Urban Low Residential (6-9 DU/acre)". This designation is not consistent with Bremerton's long-range plans for the area following annexation, as adopted in the "West Hills Area Plan". City_ of Bremerton: Bremerton revised its Comprehensive Plan in 1986. In 1990, the City adopted the "West Hills Area Plan" as an amendment to its Comprehensive Plan. That plan provided the official recommendations for pre- annexation Plan and Zoning designations' as the area annexed to the City. About two-thirds of the West Hills area has already annexed. In April 1995, the City adopted its newly revised "GMA" Comprehensive Plan. Following an appeal, the new Plan was revised and re-adopted in February 1996. Prior to the Growth Management Act of 1990, Bremerton's Comprehensive Plan included unincorporated areas surrounding the City. Because this particular area was nearly surrounded by the City, and because the City had done an "area plan" several years ago, the new 1995 Comprehensive Plan designated the Oyster Bay Avenue area "C-G" (General & Highway Commercia]), which was consistent with the earlier area plan. For this review, the earlier "West Hills Area Plan" will serve as the primary guide. The "West Hills Area Plan" proposed that the Oyster Bay Avenue portion of the annexation area be designated "Commercial" north of the treatment plant, 3 "Residential 7-15 DU/Acre" west of Oyster Bay Avenue and south of Jones Street, and "Residential 15-30 DU/Acre southwest of the treatment plant. The area directly south of the treatment plant was proposed for a "Public" designation, allowing for future expansion in that direction. This staff report proposes to retain the general concepts adopted in the "West Hills Area Plan" while adjusting the designations to align with those in the current citywide Comprehensive Plan. The designations will be adjusted as follow: (See: Exhibit"A": Proposed Comprehensive Plan) II Designations West Hills Area Plan Residential 7-15 Units per acre Residential 15-30 Units per acre Commercial Public Adjusted Designations To be consistent with the current Bremerton Comprehensive Plan LDR: Low Density Residential MDR: Medium Density Residential C-G: General & Highway Comc'l. U: Utilities 5. ZONING: (a) Kitsap County_: Without a valid Comprehensive Plan or Zoning Ordinance, Kitsap County is currently operating under an "interim" zoning ordinance. That Zoning Map designates the Oyster Bay Avenue area "Urban Residential 9 (UR-9)". The southern portion of the annexation area (south of the treatment plant) is currently zoned "Urban Residential 6 (UR-6)". These zones allow residential development to densities of 9 and 6 units per acre respectively and are consistent with the County's Comprehensive Plan designation but inconsistent with the City's plan for this area. (b) City of Bremerton: City zoning does not extend .beyond the City limits but will be applied upon annexation. Whatever zoning is applied must be consistent with the Comprehensive Plan designation that is also applied. It should be noted that the Bremerton Zoning Ordinance provides for the "phasing" of growth, whereby an area may retain a lower intensity zoning designation until such time as it is ready 4 for a rezone and development consistent with its Comprehensive Plan designation. This situation was envisioned in the "West Hills Area Plan" which designated most of the residential neighborhood "Commercial", but recommended that the zoning remain Iow-density residential until such time as the area is ready for redevelopment. The proposal is to preserve that concept in the area north of the treatment plant by applying a commercial Plan designation and the SF-3 residential zone. (c) Zoning Options: The "West Hills Area Plan" recommended $F-3 zoning for this entire annexation area, including the area southwest of the treatment plant that is planned for "Medium Density Residential". Since the SF-3 zone is very similar to the present County zoning of UR-9, it is the recommended zoning for the northern portion of the annexation area, as shown in Exhibit "B". Although this appears to be inconsistent with the commercial Plan designation in that area, the objective is to phase-in the zoning over time, in accordance with market demands. Zoning Ordinance section 21.02.255 allows for this method of phasing. Since SF-3 falls into the low-density category of zones, it would be inconsistent to apply it to an area planned for medium densities. Therefore, the MF (Multiple-unit Residential) zone is being recommended in the southwest portion of the annexation area. This is the only appropriate medium density zone available. The MF zone allows a density of 8-18 units per acre. Higher densities would not be compatible with the environment and terrain and are not recommended for this location. The area directly south of the sewage treatment plant was designated on the "West Hills Area Plan" as '~Public" and'should be changed to "Utilities" to be consistent with the current Comprehensive Plan. Since Bremerton has no "Utilities" zone, the treatment plant is currently zoned "IG" (Industrial General). It is proposed that the "IG" designation be extended to the south as shown on the Proposed Zoning Map (Exhibit "B"). PROCEDURES FOR APPROVAL This annexation is being processed in accordance with the 75% Petition Method as outlined in RCW 35.13.125. The final annexation proposal and 75% petition will be considered by the City Council for approval by ordinance. 5 o The annexation area was reviewed by City staff, who made both Comprehensive Plan and Zoning recommendations. The Bremerton Planning Commission conducted a public hearing on February 18, 1997, accepted public comments on the staff proposals, deliberated, and formulated its Plan and Zoning recommendations to the City Council. The Commission considered only the Plan and Zoning issues and did not consider or discuss the merits of the annexation itself. In most situations, the City's Comprehensive Plan can be amended only once each year. However, there are exemptions for emergencies and for annexations. This allows the Plan Amendment that is needed to complete this annexation to be approved as part of the annexation package without a delay in the annexation process. Environmental Review (SEPA) is not required for annexations, but is required when Comprehensive Plans and Zoning Maps are amended. The required SEPA Checklist was completed for these amendments on February 10, 1997, and a Determination of Nonsignificance (DNS) has been issued by the City's SEPA Official. CONCLUSIONS & RECOMMENDATIONS 1. CONCLUSIONS: (a) This unincorporated area has an extensive planning history. The "West Hills Area Plan" of 1990 was Bremerton's only neighborhood plan that was prepared for an unincorporated area in order to coordinate streets, utilities and land use designations in advance of annexation. Approximately two-thirds of the adopted Plan for West Hills has already been implemented through previous annexations. Minor adjustments to the Plan and zoning designations are now in order to make them consistent with the City's Comprehensive Plan. The final step is to apply those designations as the area is annexed. (b) The Bremerton Comprehensive Plan is not consistent with the County's Plan for this area. Since Bremerton's designations were recommended in 1990 tbllowing an extensive planning effort, there is no basis for a change to the Bremerton Plan to make it consistent with a County Comprehensive Plan which may not be a valid plan. It's likely that this annexation will be completed prior to a final Growth Hearings Board decision on the County Plan's validity. (c) Bremerton's water and sewer service areas include this unincorporated area and those services are or will be available, to serve future proposed developments. 6 ¥( (d) (c) Access to and from the area via Oyster Bay Avenue and Wcrncr Road is direct and short. Good freeway access will enhance the area's ability to grow as a future business center, consistent with the proposed Plan designation. The proposed interim residential zoning is consistent with existing development, is permitted by the Zoning Ordinance, and will give those property owners the additional time needed before a change to commercial zoning is warranted. RECOMMENDATIONS It is hereby recommended that thc following Comprehensive Plan designations and Zones, as shown in attached Exhibits "A" and "B" respectively, be applied to the Oyster Bay Avenue Annexation Area upon annexation: Location I Comprehensive Plan I Zoning II Southwest ofsewage MDR: Medium-density I/es. MF: Multi-unit lies. treatment plant (8-18 DU/Acre) (8-18 DU/Acre) West of sewage MDR: Medium-density Res. MF: Multi-unit Res. treatment plant (8-18 DU/Acre) (8-18 DU/Acre) North of sewage C-G: General & Highway SF-3: Single-unit II. es. treatment plant Commercial (3-8 DU/Acre) South of sewage U: Utilities IG: Industrial General treatment plant Recommended by the Bremcrton Planning Com~nission on February 18, 1997. Donald L. Pratt, DCD Director Planning Commission Secretary Laurence Stone, Chair Bremerton Planning Commission 7 oO I Oyster Bay Avenue Annexation ANNEXATION AREA MAP City of Bremerton 'Bremerton i City Limits /~'Oos;~/~%remerton City Limits .W Zircon UnincorPorated. Area Werner Road Area ~ ~ (Navy Yard City) ~ ~ ..... ~ ~ ~-' Hn(ncorporateO ~··~ Current Bremerton City Limits ~ m e=~ m~ Annexation Area Boundary West Hills Area Plan 1990 Proposed Land Use Plan COMMERCLAL' COMMERCIAL' RESIDENTIAL [ BREMER'i'ON PUBUC 10 RESIDENTIAL 15-~30--LiNrrs 'ACRE West Hills Area Plan 1990 Proposed Zoning Wernef Rd PROPOSED ZONING SF-3 - Single-family GB - General Business IG - General Industry CITY ZC~IING TO BE APPLIED ClNLY UPCN ANNE'XATI(:]~i. GB SF-3 GENERAL BUSINESS SINGLE FAMILY RESIDENTIAL} (SMALL LOTS) BREMERTON CITY LIMITS ..... SF- 3 Oyster Bay Avenue Annexation Exhibit "A" Proposed COMPREHENSIVE PLAN MDR: Medium Density Residential C-G' General & Highway Commercial Werner Road · ' ~vd W U' Utilities I ' i City of i ...... ~'" ..... ! I! :~Brem~rt°n: J! .... ~g .... ~ : ~! .i .W ' ......... MDR ' 12 C-G ~St, C-G iii / lW!:r IS~ ~: Sewage Treatment Plant (in City) Oyster Bay Avenue Annexation Exhibit "B" Proposed ZONING MF: Multi-unit Residential (8-18 DU/Acre) SF-3: Single-unit Residential (3-8 DU/Acre) IG: Industrial General City of Bremerton ,W Zirco ; Werner Road UNINCORPORATED .... SF-3 r~St. w! 'F I st~ 'SF-3 il Iwi' El Si] i"i'l i'l~s, F:3 Sewage Treatment Plant (in City) Oyster Bay Avenue Annexation Exhibit "C" LEGAL DESCRIPTION THE OLE HANSON'S & SR3 & SOUTH OF TREATMENT PLANT AND GOVT LOT 1 SEC 28 ANNEXATION AREA 11/18/96. CHECKED BY NED LEVER. That portion of the SE1/4 of the NE1/4 of Section 21, T24N, R1 E, WM, lying easterly of the westerly margin of the Right-of-Way acquired for SR-3, and south of the south margin of Werner Rd (Loxie Egans Blvd.) ALSO: That portion of Section 22, T24N, R1E, WM, lying westerly of the easterly right-of-way line of SR-3, and southerly of the south right-of-way line of Werner Rd (K Street), Except the following described properly; Beginning at the SW corner of Section 22, T24N, R1 E, W.M.; thence S87°59'08"E, 30 feet to the east margin of Oyster Bay Road and the TPOB; thence N1 °59'33"E, 592.34 feet; thence S22°34'27"W 85.33 feet; thence N1 °59'33"E 449.60 feet; thence S88°05'58"E 200.99 feet; thence N22034'27"E 107.31 feet; thence S88005'58"E 170.88 feet; thence N1 °51'36"E 90.0 feet; thence S88°05'58"E, 75.97 feet; thence S8°50'05"W 101.98 feet; thence S2°28'31"E, 300.0 feet; thence S3°08'39"W, 132.77 feet; thence along the arc of a curve to the right whose point of radius bears S87°31'29"W, 1380 feet an arc distance of 276.00 feet; thence S4°52'20"E, 197.17 feet; thence S19041'29"W, 154.21 feet; thence N87°59'08"W, 46.14 feet; thence N19°53'22"E, 4.62 feet; thence N70°06'38"W, 134.06 feet; thence S19°53'22"W, 47.86 feet; thence N87°59'08"W, 247.69 feet to The TPOB. ALSO: That portion of the NWl/4 of Section 27, T24N, R1 E, W.M. lying westerly of the west margin of the State Right-of-Way for SR-3 and SR-304. ALSO: That portion of the Plat of Ole Hanson's Navy Yard Addition lying between the east margin of Cottman Ave and the centerline of Oyster Bay Ave. ALSO: The north 375.6 feet of the NEll4 of the NEll4 of Section 28, T24N, R1 E, W.M. EXCEPT the following described parcel; That portion of Govt. Lot 1 of said Sec. 28. Beginning at the section corner common to Sections 21,22, 27, and 28 of said Township and Range; thence S 15°51'34"W 30 feet; thence N88"15'53"W 957.38 feet to the TPOB; thence continuing N88°15'53"W 373.78 feet; thence S1 °05'03"W 315 feet; thence running northeasterly 485.90 feet to the TPOB. ALSO EXCEPT the west 373.78 feet of the nodh 30 feet of said Govt Lot 1. CONTAINING 67.38 ACRES 14 STAFF i E RT: ANNEXAII©N Oyster Bay Avenue Annexation Prel~red by Terrie O'Neill, Municil:~l Sen4ces Coo~dinat~ No~embe~ 26, 1996 Cities use annexation to expand their boundaries and to provide land for new development. As Bremerton faces the turning of the century, many new venues for re- vitalization are on the horizon, but resources and services are finite. The City Council is charged by state statute to determine what annexations are best for the city. The following report is provided to give the City Council necessary data for the evaluation of a request to annex to the City of Bremerton. Section 1: A Review of City Policy on Annexation: The city seeks to annex areas that will enhance the economy and livability of the City of Bremerton. According to polices adopted for annexation by City Council, the City of Bremerton considers annexation a means of meeting community needs. This includes both the service and capital needs of the applicant and the needs of existing city To evaluate the suitability of a site proposed for annexation, short- and long-term community impacts on all residents should be studied. The area should have the ability to provide the resources necessary to accommodate their own service and capital needs. Only annexations which do not diminish the current level of services, over time, should be accepted. In some cases, annexation brings about a reduction in costs to the city. This is accomplished through the collection of taxes from an area where the city is already providing many services, either through mutual aid or otherwise. Section 9._ Services to the Proposed Area The Oyster Bay Avenue is a slender corridor between the state highway and an existing city neighborhood, which was annexed last year. The following comments were received from departments regarding service provision to the annexation area: Parks and Recreation: November 18, 1996 1 The effect of the Oyster Bay Annexation is very minimal to the depa~hiient inasmuch as the region is already served by several local parks (3), including Pender§ast off of Union Avenue. Utility Services: Water Water service to the area is provided by the City of Bremerton. Water storage for the area comes from Reservoir 4, with an eleven-million gallon capacity, located at Union and 3rd Avenues. Water transmission to and through the area is conveyed by a 24' main in Oyster Bay Avenue and crossing Hwy. 3 at H Street. Distribution mains in F, G, and H Streets consist of 1 V2" to 2' galvanized lines. Distribution mains in C, D, E and Bayview consist of 4" ductile iron lines constructed in 1981. Water pressure on the 24' main in Oyster Bay Avenue is between 50 and 60 psi. Fire hydrants are located at three intersections along the 24' Oyster Bay Avenue main. It is anticipated that water storage and pressure for the area is adequate for most land uses. Distribution mains of substandard size, i.e. 1 V2" and 2', are included in the city substandard main upgrade list. These mains are not scheduled for replacement within the next five years due to their short lengths and limited number of services. Substandard main replacement is scheduled based on priority in the list and street overlay coordination. Additional fire hydrants will likely be necessary if any new development occurs within the area. Wastewater service to this area is provided by the City of Bremerton. Being located directly north of the city treatment plant, two interceptor sewers cross the area. One serves Oyster Bay and Sinclair Park sewer basins and is located along the west margin of Hwy. 3. This main is at capacity and an alternative to provide additional flow is under investigation. The other interceptor sewer serves the Kitsap Lake basin and is located in Jones Street, C Street and Bayview Avenue. Local streets within this area are served by standard 8' sewers. It is anticipated that an upgrade of the Oyster Bay interceptor line will be needed and is included in the city Wastewater Comprehensive Plan. If the system modifications currently under consideration are as effective as anticipated, replacement will not be necessary in the immediate future. Provisions for the upgrade will need to November 18, 1996 2 be considered in the planning efforts for this area. No upgrades of the local sewers are anticipated. No combined sewer separation is scheduled for this area. Some minor stormwater inflow to the sewer system appears to occur in Oyster Bay Avenue and C Street. A minor stormwater separation project my be undertaken at some point in the future to eliminate the block of combined sewers within the area. Storm drainage: A major drainage draw parallels Hwy. 3 on the east margin of the area. Runoff from the Sinclair Park basin (auto center) flows through this drain. There are not storm drains within the local streets of the area and stormwater is carried as surface flow to the drainage draw. The city owns a detent/on basin at the north end of this area. This basin serves to improve water quality and limit peak discharge from the area west of Oyster Bay Avenue an south of Werner Road. There are no storm drainage improvements anticipated for the area. Public Works: Roads: The roads in the area to be annexed are asphalt construction and are substandard when compared to current city street standards. The roads have no curbs and no sidewalk which make it difficult for pedestrian traffic. Oyster Bay Avenue needs to be widened from Jones Street south to the end, for the traffic entering the treatment plant. The overall roadway condition of the roads will place them in the lower Overall Condition Index (OCl) in the city Pavement Management System. The OCI of these roads is relatively low when compared with the existing roadway system of the city. This will cause them to be placed higher in priority than some of our existing city streets. Additionally, a guard rail may be needed alone the roadway at Roosevelt and Cottman Avenue. The project to widen oyster Bay Avenue to accommodate plant traffic will be accomplished through the Wastewater division. The project is listed in the city Capital Improvements Plan (CIP). Department of Community Developmenl: This depara,,ent has developed a comprehensive document for the area, which was November 18, 1996 adopted by the City Council in 1990. The West Hills Area Plan identifies Land Use Planing, circulation, public services and utiliUes, and future city zoning. The plan includes two other areas which were earlier annexed into the city. In the body of the plan, the writer explain~ that, due to the advantageous central location of the site and proximity to State Route 3, growth pressures in the area are expected to continue. The area topography and accessability combine to provide excellent "visibility, which may prove to be an important asset for the futurev'. Emergency Services: Police: Due to the small population of the area, no negligible impact to police services is expected. Fire: Services to the area will be provided within five minutes from station two, on Kitsap Way, or from the downtown station one. ~ "West Hills Area P/an." City_ of Bremerton. Adopted February 7, 1990 by the Bremerton City Council, resolution #2287 and was amended to the Bremerton Comprehensive Plan. Donald L. Pratt, Director, Department of Community Development. November 18, 1996 4 Kitsap County Department of Public Works R. W. Ca. steel, P.E., Director April24,1997 City of Bremerton 239 4th Street Bremerton, WA 98337 ATTN: Terrie O'Neill RE: Proposed Oyster Bay Annexation Description Dear Terde, After reviewing the description for the Oyster Bay Annexation, our comments are: The Plat of Ole Hansen's Navy Yard Addition should include the volume, page, county and state within the legal description. ;urveying and Mapping J J/iii Roads/Engineering 360-876-7121 · Utilities Information 360-876-7124 · FAX 360-895-4926 · Tho Open Line 360-895-5777 Toll free from Poulsbo/Kingston 360.698-3368, Bainbridge Island 206-842-2061 and Ola~la 206-851-4147 -- printed on recycled paper -- DESCRIPTION FOR THE OLE HANSON'S & SR3 & SOUTH OF TREATMENT PLANT AND GOVT LOT 1 SEC 28 ANNEXATION AREA 11/18/96. CHE~ BYNED LEVER. REVISED 12/18/96 That portion of the SE1/4 of the NE1/4 of Section 21, T24N, R1E, WM, lying easterly of the westerly margin of the Right-of-Way acquired for SR-3, and south of the south margin of Wemer Rd (Loxie Egans Blvd.) ALSO: That portion of Section 22, T24N, R1E, WM, lying westerly of the easterly right-of-way line of SR-3, and southerly of the south right-of-way line of Werner Rd (K Street), Except the following described property; Beginning at the SW comer of Section 22, T24N, R1E, W.M.; thence S87°59'08~E, 30 feet to the east margin of Oyster Bay Road and the TPOB; thence N1 °59'33~E, 592.34 feet; thence S22°34~7W~/85.33 feet; thence N1 °59'33~E 449.60 feet; thence S88°05'58~E 200.99 feet; thence N22°34'27~E 107.31 feet; thence S88°05'58~E 170.88 feet; thence N1 °5136"E 90.0 fe~; thence S88°05'58ME, 75.97 fec~; thence S8°50'05MW 101.98 feet; thence S2°28B1ME, 300.0 feet; thence S3 °08'39~W, 132.77 feet; thence along the arc ora curve to the right whose point of radius bears S87°31'29MW, 1380 feet an arc distance of 276.00 feet; thence S4°52~20~E, 197.17 feet; thence S19°4F29"W, 154.21 feet; thence N87°59'08%V, 46.14 feet; thence N19°53~2*E, 4.62 feet; thence N70°06'38%V, 134.06 feet; thence S19°53~2MW, 47.86 feet; thence N87°59'08~W, 247.69 feet to The TPOB. ALSO: That portion of the NWl/4 of Section 27, T24N, R1E, W.M. lying westerly of the west margin of the State Right-of-Way for SR-3 and SR-304. Except the foiling described property; Beginning at the NW comer of said Sec. 27; thence along the north line of said Sec. 27, S89°29'10'E 135.71 fi to the TPOB; thence continue S88°29'10~E 107 t't; thence S 1 °36'40~W 150 fi; thence N89°3 I~30MW 207 fi; thence N34°56'16~E 181.98 fi to the TPOB. That portion of the Plat ofOle Hanson's Navy Yard Addition Volume 4, Pase 56, Plat #4546 of Kitsap County, WA records lying between the east margin of Cottman Ave and the centerline of Oyster Bay Ave. ALSO: The north 375.6 feet of the NE1/4 of the NE1/4 of Section 28, T24N, R1E, W.M. EXCEPT the following descnt~ecl parcel; That portion of Govt. Lot 1 of said Sec. 28. Beginning at the section comer common to Sections 21, 22, 27, and 28 of said Township and Range; thence S 15°51'34MW 30 feet; thence N88 ° 15'53 MW 957.38 feet to the TPOB; thence continuing N88 ° 15'53'W 373.78 feet; thence S1°05'03MW 315 feet; thence running northeasterly 485.90 feet to the TPOB. ALSO EXCEPT the west 373.78 feet of the north 30 feet of said Govt Lot 1. CONTAINING 66.84 ACRES AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # o~Sa/.~ , regarding recovery of fees for the abatement of the property located at 608 Washington Avenue. FOR AGENDA OF: May 7, 1997 ORIGINATING DEPT.: Buildin~ Dept. ORIGINATOR: Judy Johnson DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary.) City Clerk: ~'~ ~~ City Attorney: City Treasurer: [C~ ~ 3. EXHIBITS: 1. Resolution # 2. Clerk Report ENDORSEMENT _~INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION~ On 3/11/97, the City secured the building on the property located at 608 Washington Avenue, after the owner, Eugene Boelman, failed to do so as ordered by the building official. The building was inhabited by vagrants and had been vandalized. The cost charged to the revolving abatement fund for this action totaled $682.08. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: It is recommended that Council, by Resolution #..~o~'~- , order that the fees incurred for the abatement of the structure located at 608 Washington Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: C~-'~_ Oq 5 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION reviewing charges for the abatement of the property at 608 Washington Avenue and determining means of collection. WltEREAS, the City of Bremerton incurred costs for securing the building at 608 Washington Avenue, Bremerton; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and Wlt~REAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WI~2REAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 608 Washington Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amoum of $682.08 for the property located at 608 Washington Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of DAVID FARR Council President OF BREMF_IUrON · 239 4th Street * Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: April 23, 1997 Kathleen McCluskey, Dir. of Admin. Svcs. Janet Lunceford, BDS !1 ~ 608 Washington Avenue Judy Johnson, Dev. Pmts. Mgr. On 3/11/97, the Street Department boarded up the abandoned structure located at 608 Washington Avenue, after the owner, Eugene Boelman, failed to do so. The abatement fund was charged $682.08 for this work; a copy of the billing is attached. I have scheduled a public hearing for May 7, 1997 for Council to determine the reasonableness of the charges and how they should be collected. · Celebrating 50 Years of Freedom Tue Apr 22, 1997 2:47 pm CiSy of Bremer~on - Streets Work Order History Date Customer Description Regular Wcrk Order ~ :SD970020 Title :BLAB-Board up structure 608 Washington Status :S C~s~omer :4280 Work Type :AO Foreman :225 Lead Emp!oyee:243 Priority Date Targeted: Date Entered :03/12/97 Date Assigned:03/12/97 Date Started :03/!1/97 Date Finished:03/ll/97 Labor Hours Est: Materials Est : Equipment Est $0 S0 Location :N40L4280 Overtime PAGE CosTs ~7i~79Y 4280 CASC Board up structure at 608 Washlngton Scott Corey Terry Devery Ronald Eager Mark A. Thompson '93 GMC I-TON DUMP Riley Thompson '9% GMC S-15 4X4 EXT. CA~ P/U Kitsap Lmbr - I/2" CDX 4xB rough 3.0 hr 3.5 hr 4.0 hr 3.5 hr 2.0 PIR 2.0 hr i.0 HR !.0 in 16.0 hrs SUM/~Y FOR W.O. $ SD970020 Labor $456.00 Benefits $0.00 Equipment $22.00 Materials $204.08 Sales Tax $0.00 Total $682~08 Use Tax $0.00 · 0 hfs 85.50 99.75 114.00 99.75 16.00 57.0O 6.00 204.08 $682.08 AGENDA BH.I. BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ~5</~, , regarding recovery of fees for the abatement of the property located at 2010 - 7th Street. FOR AGENDA OF: May 7, 1997 ORIGINATING DEPT.: Buildin~ Dept. ORIGINATOR: Judy Johnson DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) City Clerk: ~<x N4X~~ 3. EXHIBITS: 1. Resolution # ~a~ 4 2. Clerk Report City Attorney: City Treasurer: ENDORSEMENT)~ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On 3/27/97, the City removed garbage and debris from the property located at 2010 - 7th Street, after the owner, Regina Painter, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $527.30. Council must now decide if the fees are just and reasonable. RECOMMENDATION: It is recommended that Council, by Resolution 0~.9"'?~ , order that the fees incurred for the abatement of garbage and debris located at 2010 - 7th Street be collected as reasonable abatement costs and become a personal judgment against the owner, which if not paid within 30 days shall become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED NOTICE OF ACTION DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: ct7-o%, 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION reviewing charges for the abatement of the property at 2010 - 7th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 2010- 7th Street; and WItEREAS, the Bremerton Municipal Code, allows the City to recoup these costs by personal judgment against the property owner which if not collected within 30 days shall become a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and has considered the report of charges filed by the Building Official and any protests or objection filed; and now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $527.30 for the property located at 2010 - 7th Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its fight to recapture abatement fees by filing a personal judgement against the owner, Regina Painter, which if not collected within 30 days shall become a lien against the property. 'PASSED, by the City Council of the City of Bremerton this day of DAVID FARR Council President CITY OF BR~M'ERTON * 239 4th Street · Bremer~on, WA 98337 Memorandum DATE: TO: FROM: RE: CC: April 23, 1997 Kathleen McCluskey, Dir. of.Admin. Svcs. Janet Lunceford, BDS II ~'--" 2010 - 7th Street Judy Johnson, Dev. Pmts. Mgr. On 3/27/97, the Street Department removed garbage and debris fi.om the property located at 2010 - 7th Street after the owner, Regina Painter, failed to do so. The abatement fund was charged $527.30 for this work; a copy of the billiug is attached. I have scheduled a public hearing for May 7, 1997 for Council to determine the reasonableness of the charges. · Celebrating 50 Years of Freedom Tue Apr 22, 1997 2:47 ~m Ci~'=' of -nremer-_cn - Streets Work Order History, Date Customer Description Re~dlar Work Order ~ :SD970023 Ti~_e :BLA~ Remove Garbage az 2010 7th STreet Status :S Customer :4280 Work Type :AO Foreman :225 Lead Employee:243 Priority : Date Targe=ed: Date Entered :03/23/97 Date Assigned:03/23/97 Date Started :02/25/97 Date Finished:03/27/97 Labor Hours Est: MaTerials Est Equipment Est 0 $0 Lccazion Overtime PAGE 03/25/97 4280 03/26/97 4280 2'.03/27/97/4280 KT BLURB - Remove Garbage at 2010 7th Street John Corey '95 i-TON CHEVY Hadley Kentner '90 INT. 5 YAg/D DUMP TRUCK Colon Corey '92 GMC 1-TON P/U DLrMP FEES FOR 1997 BLA~ Remove Garbage at 2010 7~h Street Hauling trash to bremair Hadley Kentner '90 INT. 5 YARD DUMP TRUCK DUMP FEES FOR 1997 BLAB Remove Garbage aT 20!0 7th Street Bill Edwards '93 GMC i-TON DL~P SUMuM~dlY FOR W.O. ~ SD970023 Labor $313.50 Benefits $0,00 Equipment $110.00 Materials $103.80 Sales Tax $0.00 Total $527.30 Use Tax $0.00 3.0 hr 2.0 HR 4,0 hr 4.0 2.0 hr 2.0 HR 5.0 !.0 hr 1.0 HR 5.0 YD 1.0 hr !.0.HR I1.0 hrs · 0 hrs 18 00 114 00 52 57 00 18 00 51 90 28.50 13.00 5i.9G 28.50 9 $527.30