HomeMy WebLinkAbout05/01/96 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
MAY 1, 1996
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 10, 1996 #AB96-087
B. Minutes - April 17, 1996
#AB96-088 i~
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Bid Award Recommendation - Kubota Tractor
For Golf Course Maintenance/Kitsap Farm And
Garden
Department Of Parks And Recreation - Budget
Adjustment For Playground Improvements
ORDINANCES
A. Ordinance (First Reading) Amending The
Selection Process, Benefits, And Starting
Compensation For Department Heads, Management
And Professional Staff; And Amending Chapters
2.49 And 2.50 Of the Bremerton Municipal Code
#AB96-089 ~ ~
SUBJECT:
AGENDA BILL
BREMERTON CITY COUNCIL
~NUTES - APRIL 10, 1996
FOR AGEND~ OF: MAY 1, 1996
ORIGINATING DEPT: City Council
ORIGINATOR: 3ohn Law, President.~
DATE SUBMITTED: 4-22-96
2. CLEAP. ANCES: (comment on back
if necessary)
3. EXHIBITS:
ENDORSEMENT INFORMATION
MAYOR
APPROVED BY couNCIL PR~SID]~NT FOR SUBMITTAL:
COUNCIL PRESIDENT' ~~ ~/~J//~_.f
4. SUMR~Y STATEMENT AND REOUIREMENT.FOR'COUNCIL ACTION:
8. RECOM~{ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICI~L:
EXPIRATION DATE:'
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
DED
11. AGENDA'KILL
TAPE #1371
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
APRIL 10m 1996
#0019
#0035
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 10, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery,
Sherril Huff-Menees, David Farr, Richard Neville. Councilman Lon
Overson was absent. Also present were city Attorney Ian Sievers
and city Clerk Kathy. McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Pastor Robert O'Dell of
Victory Chapel Church of God.
CONSENT AGENDA
A. Minutes - March 27, 1996
#AB96-074
M/S/C/U(Neville/Farr) to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on April 10, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 196614, 196651 through 196822 in the amount of
$285,400.05; and Regular Payroll for the period ending 3/31/96, in
the amount of $773,010.95.
COUNCIL MEMBER REPORTS
Mr. winters commented on a recent Citizens Cable Advisory Committee
meeting where they learned the future in cable is in a transition
period due to the change in technology, i.e., fiber optics, and new
FCC regulations. It was his hope that members of the public will
attend Cable Committee meetings, since they are open to the public
(2nd Monday of each month at 5:00 P.M., in the Council Conference
Room).
Mr. Colvin was pleased to report he has heard some very positive
responses from citizens regarding the Spring Clean Up event in the
city. The next District #1 Neighborhood meeting is scheduled for
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May 16, 7:00 P.M., at the Parks and Recreation Center; with Mayor
Lynn Horton as guest speaker.
Mr. McConnell reported he was somewhat disappointed that only three
people from District #2 attended his Neighborhood Meeting on
Tuesday evening. He felt it was important that members of the
public take the time to learn more about the Fletcher Wright
proposal for development of the downtown waterfront.
Mr. Neville announced the next Harrison District meeting will be
held at the Canterbury Manor on April 29, 7:30 P.M., where the
Harrison District Plan will be discussed. The draft plan will
incorporate proposals discussed at three previous public meetings.
copies of the draft~plan can be obtained from Ron Hough or Kay
Wilson at Department Of Community Development/478-5275.
Mr. Law announced the next District #3 Neighborhood Meeting will be
held April 16, 7:00 P.M., at the Senior Center. The program for
that meeting will be an open agenda to discuss issues that will
make Manette an even nicer place to live.
MA¥ORtS
Mayor Lynn Horton reminded everyone of the city-wide Spring Clean
Up Week April 15-20, which will consist of yard waste collection at
Evergreen Park. Olympic Landfill will accept mattresses and
upholstered furniture (no appliances) from 8:00 AM - 4:30 PM during
this same time frame at one half the regular cost of disposal.
Also, during this same time there will be a "clunker clean up", and
anyone wishing information on that activity can call 478-5223. She
extended special thanks to Brem-Air Disposal Inc., and Olympic View
Landfill for helping out in this effort.
Mayor Horton reported the City entered an international Water
Tasting Contest, which drew 35 entrants from around the world, and
Bremerton's water came in 6th on the Water Tasting listing of 35
purveyors of water. The #1 entrant was Ames, Iowa. The city of
Bremerton was one of the few, who were ranked, that had an
untreated water source.
Mayor Horton attended the ex-POW ceremony at Bataan Park on April
6, which was a very nice event and it was good to pause and
remember some of the people who did sacrifice for our community and
country. She extended a special "thank you" to Bob Sauter for
helping to host that event.
In regard to the Scotch broom issue, the City is in the process of
cutting down plants along the Warren Avenue Bridge, which is being
done by hand with some assistance from a mower. She will be
seeking donations of rhododendron and azalea plants as replacements
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for the Scotch broom.
Mayor Horton read a Proclamation proclaiming May 1, 1996 as LOYALTY
DAY in the City of Bremerton.
The Mayor reported the City is removing trees along Ivy Green
Cemetery and a new sidewalk is being constructed. New trees have
been planted on the southern portion of the cemetery and more will
be planted once the sidewalk is completed. Some resurfacing work
will be done to the intersection of Naval and 13th Street. Lastly,
she announced on April 13, 1:00 - 3:00 PM Puget Sound Naval
Shipyard is hosting a stroll through the non-industrial area to
view the beautiful trees and the City's Urban Tree Forester will
discuss the species .identification, emplacement, history and some
tree biology.
PUBLIC RECOGNITION
~ related his being knocked down and into the traffic
lanes on Wheaton Way by a bicyclist. He urged people riding
bicycles to follow the rules of the road, which includes riding
bicycles on roads, not on sidewalks.
John Thomas thanked Mayor Horton for starting the removal of the
Scotch broom along approaches to the Warren Avenue bridge.
Gerald Fitzpatrick, 1113 Scott Avenue, stated he was pleased to see
the crime rate in Bremerton decrease and police officers reacting
much more quickly, which he attributes to the influence of the
City's new Police Chief. He was very pleased about the way Police
officers interact with children, particularly his, in a very
positive manner
Carol Atklnson, Bremerton Main Street Association, thanked the
following businesses, who purchased banners supporting the Olympic
Torch Run: Vitro, Lockhead, Northwestern Bank, Washington Mutual
Bank, Dispute Resolution Of Kitsap County, KPS, United Way, The
Sun, Ole Bank Antiques, KITZ Radio, Walmart Of Port Orchard and
Laine Technology.
?A - INFORMATION ITEM ONLY: TCI CABLE RATE INCREASE, #AB96-075
Patrick McDonald, TCI General Manager, will present the proposed
6/1/96 cable rate increase. These rates are not subject to Council
approval. This is an information item for the Council and public.
Paula Johnston, Tax and License Inspector, explained it was the
time of year when the cable companies apply for a rate increase for
cable television. Both TCI and Falcon have applied for rate
increases and a representative from TCI will explain their proposal
to Council. She pointed out every year the FCC puts out new
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rulings in regards to how the City, as a franchise authority,
resides over rate approval. This year TCI has opted to use another
new form (1240), which allow for rate increases after giving the
City 90 days notification. But, the City retains the right to
order refunds if it is determined, after a formal review, that one
is necessary. The staff report and review has not been completed
due to the q~ic~ timeline and Doth companies have applied for a
rate increase. It was felt that the City Council needed to hear
TCI's proposal publicly before it goes into effect even though
Council has no formal authority over having the new rates go into
effect June 1. Basically, everything is going up and the rate
increase is substantial. The Basic service rate increase is going
up 16% from 1995. Expanded Basic service is going up 22% and all
of the equipment and installation charges are going up as well.
Falcon Cable, who serves approximately 100 subscribers in the City,
but serves over 20,000 subscribers in the County, has a rate
increase proposal of 3% for Basic and Expanded basis. Ms. Johnston
pointed out the rate table history in the Agenda documentation is
based on rates that include State and local taxes, which is
different from the rate card, which shows a base rate without taxes
or franchise fees.
Patrick McDonald, General Manger of TCI, handed out and discussed
a booklet that contained the following information: Bremerton Rate
Change Helps Offset Higher Costs, Regulatory Background, TCI
Cablevision Rate Adjustment, TCI Rate History, TCI Service Area
Comparison, Cable Television continues to be one of today's best
values 'in entertainment, news and education, TCI community
involvement and new products, Rate Information - Basic (including
optional cable services), Expanded Basic Service Rate Information,
(including optional cable services).
Gordy Byrd asked if he understood correctly that the proposed cable
rates did not have to be brought to the City's attention, since
they had no approval authority? Mr. McDonald stated they are
required to notify the City of any adjustment in rates. The
proposed rates are formatted under the FCC guidelines and if there
is anything found with those rates that are inaccurate, changes can
be made and the Franchise authority does have the authority to
adjust the rates by doing refunds to the subscribers. But, by
taking a rate lower than the maximum permitted rate as deemed by
the FCC, there should not be any problems with the rates as
proposed.
Elizabeth Buell questioned the source for the 38% inflation rate?
Mr. McDonald explained the 38% of the $1.20 increase was due to
inflation factors as well as FCC Commission Fee, External Cost
(programming, Interest, Effect of Rate Difference True Up and
Effect of Rate Difference in Gap. Mrs. Buell asked if the rate
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increase would affect commercial accounts? Mr. McDonald stated
there would be no impact on commercial accounts. Also, the rates
made available in their Cable Extra Campaign would stay the same as
well. Mrs. Buell asked the amount of increase to the Basic
service? Mr. McDonald stated the proposed increase for Basic
service amounts to $1.20, and the proposed increase to Expanded
Basic service would amount to $1.87. A subscriber with both those
service would see a $3.07 increase. Ms. Johnston pointed out Mr.
McDonald's description of current regulation rates and the June 1st
regulated rates are comparing "apples and oranges". The current
regulated rates include the City's tax and in order to show the
subscribers their true increase, the same needs to be done for the
proposed June 1st increases, which amount to $12.24 for Basic
service ($1.65 increase) and an increase of $2.35 for Expanded
service. Mr. McDonald explained the taxes and fees associated with
the cable bill are not determined by TCI Cablevision. The City of
Bremerton has a local tax on cable television; however, Kitsap
County does not have such a tax. Ms. Johnston emphasized the
discussion is addressing just Bremerton rates and the $10.59 charge
for current Basic service included tax, but the $11..79 rate does
not include tax and is misleading to tell people the rate would
only increase by $1.20 on the base rates.
Roy McInnis 2711 Maple Street, asked why doesn't TCI have a Black
Entertainment Channel? Mr. McDonald explained the rebuild activity
TCI is engaged in has begun in Kitsap County and they are looking
forward to make similar upgrades in the cities of Bremerton and
Poulsbo. A rebuild is an entirely new cable system (with the
removal of the old system) that allows them to bring in additional
channels. In that rebuild portion, Black Entertainment television
is included on the Basic channel lineup and as they move into
Bremerton it will be included on the Expanded Basic service. At
the current system level in Bremerton, it is filled to capacity and
no additional programs can be added. The Weather Channel will also
be available following the rebuild.
John Thomas asked when would Bremerton's rebuild be completed? Mr.
McDonald stated TCI is currently in a franchise extension (one
year) with the city of Bremerton. As they complete franchise
negotiations with the city, the details of that rebuild will be
made public. At this point, they are under a one-year time frame
with the City to complete the franchise negotiations, which will
extend the time before the rebuild can be completed. Kitsap County
was the first area they were able to rebuild.
Gene Hart, 2015 Trenton Avenue, asked what would be the earliest
and latest date when the Bremerton rebuild would be complete? Mr.
McDonald explained when the franchise period is 10 years you can
make a larger investment. His most optimistic guess when the
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rebuild would be completed would 1-4 years. What they are facing
now is Kitsap County was available at a time when there wasn't a
lot of rebuild activity in the different cable and
telecommunication industries, but because of the laws passing in
1996, there is more interest in rebuilding and it is a matter of
Kitsap County's rebuilt cost was approximately 10 million dollars
and he anticipates Bremerton's rebuild would be much the same.
Mr. Byrd stated if it takes 4 years, where would the 10 million
dollars come from and who would be paying it? Mr. McDon&ld stated
the 10 million dollars would be an investment TCI makes in the
community to rebuild the cable plant. Typically, additional
services would be provided at a different rate to recoup that
investment. Mr. Byrd asked how much more would subscribers be
asked to pay? Mr. McDon&ld stated those selecting the additional
services would be generating the funds.
Mr. Winters asked the number of TCI subscribers in Kitsap County
and the City of Bremerton? Mr. MoDonald stated there are
approximately 9,700 County subscribers and approximately 8,400
Bremerton subscribers. Mr. Winters asked how much can they expect
each resident to pay more on their cable bill after implementing
the new rebuild program? Mr. McDonald stated drawing on their
experience with Kitsap County, and it should be similar under
regulation for Bremerton, typically no increased rates are added to
Basic service and in some instances there might even be a decrease
on the Basic Tier. The Expended Basic Tier typically sees a $1.50
increase when new channels are added. The third tier, which is not
yet available in Kitsap County, but will be developed, is a tier of
optional services of 6-10 channels at another rate that is yet to
be determined. Also, Pay-For-View and movie services also go to
support that added cost. Mr. Winters asked if Mr. McDonald was
aware City taxes were calculated in the current regulated rate, or
was it a misprint in the material provided to Council? Mr.
McDon&ld stated Ms. Johnston was correct in her assessment of the
rates. Mr. Winters asked if the rest of the information in the
booklet provided to Council is very accurate or might there be
omissions? Mr. McDonald explained the information in the book is
exact and the operator selector rates include the taxes and to get
the base rate for subscribers they backed those taxes out. The tax
is a little different for either equipment or basic services, so it
does impact, by a couple of cents, the rates. The rates filed in
Form 1240 are the operator selected rates, which do include taxes.
Mr. Winters asked the actual programming cost increases that TCI
experienced since the last rate increase (July 1995)? Mr. McDonald
pointed out that information in the booklet.
Mr. ~eville noted several statements in the information presented
by TCI, such as "cable television continues to be one of todays'
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best values in entertainment, news and education", and "their goal
to rate the overall quality of cable T.V. programming through
continued support of new and existing cable channels". Mr. Neville
pointed out Bremerton area subscribers have experienced poor
channel quality on channels 14 and 15 due to the location of the
microwave dish for several years and those are premium networks
where the subscribers are paying for poor quality transmission. He
asked if the new cable plan intends to fix such problems? Mr.
McDonald explained there are several different technologies to
deliver the premium networks that require a converter box or a
decoder, which tend to soften the picture some. If someone had a
particular problem and were experiencing poor quality on those
channels, he would be happy to have them checked out. With
installation of fiber optics, it increases the dependability of a
quality picture. Mr. Neville asked if the new fiber optic system
will eliminate the poor quality picture he experiences on channels
19 and 20? Mr. McDonald stated fiber optics will help, but TCI
will also be moving the head location site to a new location away
from some of the interference they currently experience.
Neville referenced the TCI Service Comparison Chart and pointed out
Bremerton was higher than Kitsap County for Basic service and asked
what factors go into figuring the formula? Mr. MaDona14 explained
the factors are some specific local area computations, such as
median income for the different franchising areas, franchise
related costs, operational cost, equipment cost and other
operational issues for those area. On Expended Basic, the City of
Bremerton is lower than Kitsap County. They have lowered the rate
below the maximum permitted rate and when they do cap those rates
some of the differences do not appear for the rates between the two
area. Mr. Neville referenced the inflation factor and it seemed to
him in 1995 when TCI came before Council they had a rate increase
to cover inflation, but now they are showing collecting years 1994
and 1995 at 2.96%, and they want to go for 1995-1996 at 2.61%, and
to project into the future collecting 2.61% in advance. Mr.
McDona14 explained the FCC 1240 filing takes into account a year
period and the FCC 1210 filings take historical data. Until the
inflation rate is identified for a particular time frame by the
federal government, that rate increase was not factored into the
1210 filings. The last adjustment that was taken for inflation was
July of 1994, with the last filing. The process is to get to a
single adjustment each June, and that will take place on a year
time frame going forward into the future. To get to that point,
there are issues from the 1210 form that were not taken into
consideration that this true up and gap periods specifically go
back and define and adjustment. There is also information in the
1240 filing that specifies that amount and the specifics to that
adjustment period. Mr. Neville stated he also finds information in
the booklet comparing "apples and oranges" where all costs in 1994
were lower. He asked was that because the FCC, in 1994, put a
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regulation on how much the cable companies were allowed to charge?
Mr. McDonal4 stated at that time the FCC decided to regulate cable
television rates. In that instance, the FCC initiated some
regulations to decrease rates and take it down to a point and then
allow increases for costs and expenses of programming. The
comparison is to show rates in January, which was pre-regulation
and to the point now. Even with this increase and the previous
adjustments, they are getting back to some of the rates that were
in place in January 1994. And, Basic services are not much more
than what they were in January of 1994. Mr. Neville stated in the
past TCI helped out the community and was training some youth from
the Bremerton community. He asked if TCI planned to continue that
kind of activity in the future? Mr. McDonald stated they are
always excited to work with youth and he would support continuing
that kind of program.
Mrs. Huff-Menees complimented Mr. McDonald on his bringing the
information to Council and answering questions to the best of his
ability. Even though the city does not have any approval authority
for the proposed rate increase, bringing the information to the
public is of benefit. Mr. McDonald stated TCI believes the
proposed rates are fair and reasonable and he appreciated having
the opportunity to present the information.
Mr. Colvi~ expressed his appreciation that TCI is willing to work
with our youth in a positive manner.
Mr. Montgomery asked if once the rebuild is completed, will TCI ask
their subscribers what kinds of programs they would like to see on
the expanded channels? Mr. McDonald stated every day TCI receives
customer feedback on the kinds of programming they would like
offered to them, and they keep that data. They also conduct surveys
from their subscribers. Some programs are brought on because of
arrangements made as part of retransmission consent, i.e. FX was
one of those programs. As they move into the rebuild, the capacity
is so large more channel options will be the norm rather than
having to drop channels in such a situation. There are also "must
carry" rules. If a local broadcaster decides to put up shop in
Seattle or Bremerton and qualifies on the FCC as a broadcaster,
they can claim "must carry" on the cable TV system, in which case
TCI would have to drop a network to add them when they are filled
to capacity with the channels they offer. Mr. Montgomery stated he
did not recall every receiving a questionnaire in his billing. Mr.
McDonald stated as they approach the rebuilt in Bremerton, they
will conduct a customer survey for information on channels and
choices they would like available.
Mr. McConnell stated in his opinion channels 19 and 20 have poor
picture quality and hoped people were not paying premium channel
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rates for poor picture quality. He was also concerned over the
poor transmission quality on channel 13. Mr. McDonald offered to
have Mr. McConnell's cable service checked to make sure he was
getting the best possible signal. Distortion of channels can be
caused by faulty cable hook up in side the house even though it is
getting a strong, clear signal out side of the house. In reference
to Channel 13, distortion may be caused by signals being processed
by both the channel 13 network and TCI cable service. Mr.
McConnell asked if TCI is required to carry info commercial
channels? Mr. McConnell stated he was not aware of a specific info
commercial channel; however, they do carry network channels that
lease out part of their time for information programming that
typically broadcast on late night hours and weekends. The networks
do not control content on those channels, but they are used as
methods of increasing revenues for their own channel by selling
those time slots.
Mr. W£nters noted on the east coast of the United States there are
about 120 channels available to cable customers. He asked the
number of new channels to be added as part of the rebuild? Mr.
McDonald explained some of the technical aspect of the rebuild that
would result in roughly 78 channels on a 750 system. The future
now has digital compression, so the opportunity for more channels
is very large. Their competitive future will be based on matching
those cable services and programming with their customers. Basic
and Expanded services will ideally be a low cost provider for those
services and then on the selected service beyond that to over a
multitude of different programming, with high speed cable data
being one of those, telephone service and additional programming.
TCI's future is not only in video, but additional services. TCI is
proud of its relationship with Bremerton and he expects the
franchising will move along smoothly. Mr. Winters stated at the
last Cable Advisory Committee meeting they had a demonstration as
to how fiber optics are durable, smaller and easier to install. It
was his understanding that a rebuild did not require a lot of wire
replacement and it would involve the fiber optic lines being set on
top of existing lines. Mr. McDonald stated in a rebuild situation,
they will string fiber optic cable to specific areas within the
community. Next, they replace the cable on the power and telephone
poles with a new cable that then goes to specific housing areas and
even the "drops" on houses are replaced. This would also involve
replacing underground cable where the services is brought to
developments through underground trenches.
Mr. Montgomery questioned the process for installing a new "drop"
to houses at the time of the rebuild? Mr. McDonald explained they
will replace the "drop" to the house and the outlets that go into
the individual rooms.
TAPE #1372
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Mr. Montqomery noted he put in his own cable wire within his home
and did not want someone drilling into his walls to install new
cable? Mr. McDonald stated Mr. Montgomery's cable system would
still work, but with the new system they want to assure, when
digital technology is available, that the signal needs to be clean
and crisp and well connected since the signal will not degrade but
will disappear, if there is a faulty connection. Mr. Montqomery
asked what the cost would be per foot for new wiring? Mr. McDonald
stated typically it would cost 32 cents per foot.
President Law questioned the number of channels to be dedicated to
public access programming? Mr. McDonald stated if programming
demands for public access exceed one channel, they will work with
the City to make sure subscriber needs are met and that might mean
removing program from the line up to allow additional access
channels. Under the terms of the initial agreement, when
programming exceeds one public access channel there is provision to
provide additional public access channels. President Law asked the
City Clerk if the City's current contract with TCI included the
provision for increased public access channels when the need is
identified? Kathleen McCluske¥, City Clerk, stated yes, the
current contract includes a clause for increases based upon the
amount of use, which means we could 2-3 access channels, but would
require dropping some other program. Mr. McDonald emphasized TCI
has been very supportive of the cable access program and the
localism is what identifies their cable company different from
other service providers.
Mr. Winters called Mike McCallister to the podium? Mike
McCallister stated in his opinion, the Bremerton area is receiving
poor service from TCI. Compared with other areas like the cities
of Everett or Seattle the Bremerton area has very few selection
options. And, when his cable reception is bad, he is told it is
due to different maladies, such as sun spots. He is paying a
premium price for a very minimal cable service. He did not like
the idea of paying a month ahead for bad service. When he calls
TCI about his concerns, they suggest if he switched over to VIACOM
or FALCON, they would have to adopt their electrical hook ups and
then redo all the revamps. In discussions with TCI over the past
four years, they indicated fiber optics were only a year away. He
raised the question "when will it actually happen?" President Law
encouraged Mr. McCallister to meet with Mr. McDonald to discuss his
concerns.
8A - ORDINANCE (FIRST READING) ADOPTING INTERIM LAND USE PERMIT
REGULATIONS, #AB96-076
ESHB 1724, adopted during the 1995 Legislative Session, mandated
land use regulatory reform by local government with the goal of
streamlining and consolidating the permit process.
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The proposed ordinance adopts rules which consolidate permit
review, sets deadlines of approval and limits the number of public
hearings that may be required. The interim rules will be replaced
by permanent development regulations in the Zoning Code after
policy discussions have been concluded.
I&n Slevers, city Attorney, stated one of the primary purposes of
ESHB 1724 was to reduce duplication and delay in local government
permitting processing, including appeals. The approach taken by
the Legislature was to mandate cities and counties, planning under
the Act, to formally adopt an integrated and expedited local permit
processing procedure. He emphasized these procedures do not apply
to legislative actions, such as Comprehensive Plans, sub-area plans
and development and regulation text amendments. One of the other
reasons why actions need to be taken is because the City has the
option to include certain actions, which would have otherwise been
included in the definition of Permit Project, and are listed under
Section 1 of the ordinance.
Section 1 of the ordinance adopts, on an interim basis, the
consolidated process that was required by the Act. Principally, it
contains a number of milestones to keep the process, moving along
and to keep the applicant informed and includes a notice of
application deadline, determination of completeness and a
completion of the project decision, which is all to be carried out
within a 120 day cap. The deadlines are new to local governments
in processing permits. The ordinance also contains an optional
process where an applicant can have all of their permits relating
to a single project consolidated into a single approval and hearing
process.
Section 2 of the ordinance is one of the key changes to local
permitting, that is to expedite things there would be only one
hearing on the record and one closed hearing. In the past,
numerous public hearings have been held, which has frustrated some
developers. The approach taken in the interim ordinance for the
State law, is to basically adopt what is currently in place as
close as possible and still comply with State law. Therefore, the
Planning Commission has been designated as the "open hearing" and
the City Council as the "closed hearing". The City Council hearing
will either be an appeal or simply a closed hearing on the Planning
Commission record. Under Part (2) of Section 2, those decisions
will still have a full evidential hearing before the Planning
Commission and then the City Council is free to make their own
decision from the record. These would be those incidences where
the decision is vested in the Council, for instance on a rezone
that has to be adopted by a Council approved Ordinance, and plat
decisions have to be adopted by Council in the form of a
Resolution. Since Council will have the decision, they will reply
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on the Planning Commission's record, but that decision will be
Council's on the record.
Under Section 3, segment (3), projects currently requiring Planning
Commission approval, but subject to Council appeal - In this
section, there is a burden of proof that must be met by the person
raising the appeal from the Planning Commission's decision, and
adopted grounds whereby Council can over turn the Planning
Commission's decision and would be based on the Planning
Commission's record. This will grant considerable deference to the
Planning Commission's decision. The final section deals with the
consolidation of environmental review in the permit process. The
one exception to the one open meeting hearing is for an appeal of
a Determination Of Significance. Council is not required to have
any environmental procedural appeals, Bremerton does adopt an
appeal for threshold determination of either Significance or
Nonsignificance, so the new rules were included in the Ordinance.
The last Section sets the 90-day period, which should allow enough
time for the debate discussion on how to conduct these hearings and
appeals, which appeals to have at all is still an open question.
Public comment - none.
Mr. ~eville referenced Section 2, paragraph 3, of the ordinance and
asked if he understood correctly that if someone was not at the
Planning Commission's public hearing, they could not file an
appeal? Mr. Slevers stated that was correct, but it was not
mandated by the State. The intent was to try and decide which
parties would be in a zone of protected interest to have enough
standing to bring an appeal rather than just some interested
citizen, who may not even be a citizen of Bremerton. He included
that formula from the Growth Hearings Board formula on who may file
and appeal.
Mr. F&rr asked if this ordinance is passed and in effect, how will
the legal record of the Planning Commission hearing be handled?
Mr. Sievers explained the Planning Commission develops an adequate
record and the question then is how is that is transmitted to
Council. The proposed ordinance indicates Council make its
decision based on the Planning Commission's Findings and
Conclusions, which they currently receive, and a taped or written
transcript of those actions. Council would also receive a packet
of exhibits and documentary evidence submitted to the Planning
Commission. Mr. Fart stated under Section 1, the definition of
permits not included in this new regulations would include: street
vacations, approvals related to public areas, lot lines adjustments
and building or other construction permits or similar
administrative approvals categorically exempt from environmental
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Page 13 of 16
rule. He asked would they be handled the same way under the
present system? Mr. Sievsrs stated there are no mandatory changes,
but in the instance of a Building official decision on a building
permit,there is an appeal before the Building Code Review Board and
the intent is to retain that process. Mr. Fart asked if Mr.
Sievers foresaw any instances where the City Council is the final
decision making body where an applicant will have the choice to
designate a specific type of hearing? Mr. Slevers stated not in
this ordinance. It may be an option that Council might wish to
consider during this interim period time prior to adoption of the
permanent procedures.
Mr. McConnell stated the proposed ordinance does not contain any
provision for people~that might miss a Planning Commission hearing
because they were out-of-town, which could shut them out from any
part of the procedure before the City Council. Mr. Sievers stated
that is a possibility, and he doubted it would be possible to
coordinate a hearing schedule so that everyone within 300 feet of
a specific site could be present. Mr. McConnell referenced Section
2, paragraph 3, and expressed concern that Council would have to
brush up on the law in order to make a decision. Mr. Sievers noted
he believed Council would mostly rely on subsection (b) of Section
2, paragraph 3. Also, miss interpretation of procedures or the law
may often times relate to Council's own ordinances, so he felt
Council would be well qualified to say they don't apply to a
particular definition or procedure correctly. Mr. M¢Connell was
also concerned that members of the public would not be able to
plead their case directly before an elected official. He sees that
as cutting them off from their elected representative. He doubted
any of the Council members were qualified in the law as the
proposed ordinance requires. He asked the total time that would be
required to provide a total legal transcript of a Planning
Commission hearing? He noted if a video tap was required, it would
mean having Council members spend 4-5 hours viewing the tape.
Mr. Winters stated he did not recall seeing any documentation
during the 1995 Legislative Session that clearly identified the
intent of ESHB 1724. Mr. Sievers noted he provided Council with a
codified copy of the State Statute under Chapter 36.70B. The
principal outline of what is required is listed in section 110; and
with some consolidation the proposed ordinance closely follows
those mandated elements of the procedure. Mr. Winters stated in
his interpretation through streamlining the process it would be
taking some of the rights away from the public. He asked if an
attorney would be required to be present at Planning Commission
meetings and who will be financially responsible for that legal
service; and can the city legally justify the cost of a Court
Reporter or video crew? Mr. Sievers stated he was not sure that an
attorney would be required to attend Planning Commission meetings
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any more than is the current need. If the Planning Commission's
Chair is too restrictive on evidence, it could present a problem.
The current recording record is acceptable and is currently used in
court cases. But, the unresolved issue is how to get that
information to Council and it may be using a video may be the best
solution. The requirement of record identified in the ordinance is
taken out of the State statute on what kind of proposed record
hearing for environmental reviews or appeals.
Mr. Colvin asked if the new law required an attorney attend
Planning Commission meetings and if not, how will the legal
ramifications be taken into consideration? Mr. Sievers stated the
presence of an attorney is not required and hearings will be
conducted in the same manner as they are currently. It may be
important to have an attorney present to control the hearings and
we may want more rulings from the Chair to shorten the meetings
because of the need to produce some kind of record and that could
get expensive. Mr. Colvin asked for clarification of the statement
from the ordinance "all those that participated or were present at
the first hearing"? Mr. Sievers explained those people who
participated on the record would have the right to make an appeal.
Mr. Colvin stated he felt there should be extenuating provisions
for extenuating circumstances in the event someone was not able to
attend a specific hearing, i.e. people being out-of-town, being
ill, etc. Mr. Sievers stated there was nothing in the ordinance to
address that issue and the current system does allow the public to
give input before both the Planning Commission and City Council.
Mr. Colvin stated in his opinion the law was poorly written. Mr.
Sievers re-emphasized one of the mandates of the State law is there
will be one record hearing and the second hearing will be closed to
any additional testimony. Council could possibly expand the
standing of persons who can actually file an appeal, but they would
have to make their argument based on that record.
Mr. Montgomery asked who would be responsible for making the video
and who would be responsible for the cost? Mr. Sievers noted
currently the Planning Commission meetings are not video taped.
Mr. Winters reminded Council Planning Commission meetings are audio
taped. Mr. Montqomery pointed out an audio tape does not tell the
whole story because you cannot see those giving testimony. Mr.
81evers agreed with Mr. Montgomery that it was difficult to judge
testimony from an audio tape.
Mrs. Huff-Menees stated she would assume, in regard to Mr.
McConnell's concern about someone being out of town, that the same
procedures that are currently in place would be allowed in terms of
written comment. She believes part of what is proposed is already
being carried out and possibly Council was over reacting to some of
recommended changes. She had no problem with the proposed
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ordinance and would lend her support to it as written.
Mr. Parr called John Thomas up to the podium. John Thomas stated
the city has a good history of missing people on notification for
public hearings. He did not feel it was right to shut out someone,
if they were not aware of the first hearing. He had a personal
experience with a land use issue 40 feet from his home and the only
way he became aware of the proposed action was to walk across the
street and read the notice that was posted on the property.
Mr. McConnell stated he is supportive of the consolidated permit
process, but he did not like the hearing part that was tied to that
process.
Mr. Montqomer¥ stated in response to Mr. Thomas's comment, the City
is required by law to post notices in newspapers, on the subject
site and send notices out to the property owners within a certain
number of feet from the site. Mr. Sievers stated that was correct,
according to the City's Zoning Code.
Mr. F&rr stated this issue was discussed in a joint meeting with
the Planning Commission and some of the same questions came up at
that time. He noted the proposed ordinance is an interim
regulation.
M/S/C(Farr/Huff-Menees) to approve Ordinance, on first reading,
implementing interim Land Use Permit procedures pursuant to ESHB
1724, Ch. 347 Laws of 1995; and amending Bremerton Municipal Code
Title 21.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Farr, Huff-Menees,
Law, Montgomery
Opposed: McConnell, Colvin
Abstain: Winters
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With no further business meeting adjourned at 7:42 P.M..
KATHLEEN L. McCLUSKEY, City Clerk
JOHN E. LAW, Council President
City of Bremerton
KLM/JL/me
cc: Normal Distribution
File/Vault
1. SUBJECT:
AGENDA BILL
BREMERTON CITY COUNCIL
M{NUTES - APRIL 17, 1996
FOR AGENDA OF: MAY 1, 1996
ORIGINATING DEPT: c.~y c.n,,n~]
ORIGINATOR: .Tnhn T.~ prp~do~
DATE SUBMITTED: , 4-?,6-97
2. ~: (comment on back
if necessary)
ENDORSEMENT __ INFORMATION
MAYOR
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REOUIREMENT FOR'COUNCIL ACTION:
8. RECOM]~ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:'
REVIEW DATE:
PULLED TABLED
COUNCIL. DIRECTIVE:
10. NOTICE..OF ACTION
APPROVED DISAPPROVED
AMENDED
-11. AGENDA'KILL NO:
TAPE #1373
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
#0033
#0048
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 17, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery,
David Farr, Richard Neville, and Lon Overson. Councilman Sherril
Huff-Menees was absent. Also present were City Attorney Ian Sievers
and Deputy City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Pastor Paul Meeker of Our
Saviour's Lutheran Church.
President Law made the following announcements:
(1) Immediately prior to this meeting, Council
Executive Session to discuss "Potential Litigation".
concluded an
(2) Immediately following this meeting, Council will hold a Study
Session to discuss the "Kitsap Regional Council Interlocal
Agreement".
(3) The City Council Retreat scheduled for April 20 has been
rescheduled to April 27, 10:00 A.M. to 2:00 P.M.
CONSENT AGENDA
A. Minutes - April 3, 1996
#AB96-077
M/S/C/U(Neville/Farr) to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on April 17, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 196835 through 197036 in the amount of $265,229.44.
COUNCIL MEMBER REPORTS
Mr. Overson stated with the advent of spring and summer, we can
look forward to more activity downtown, such as the Farmers Market
and Concerts On The Boardwalk. One activity that has been here all
winter, and is open for public viewing is the Turner Joy. He
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Page 2 of 10
encouraged members of the public to take the opportunity and see
what has been expanded on board to be viewed by the public.
Starting in May, the Turner Joy will be open 7 days a week.
Mr. Neville reminded everyone of the Harrison District meeting
scheduled for April 29, 7:30 P.M., at Canterbury Manor. Anyone
having questions about this meeting can contact Kay Wilson or Ron
Hough at 478-5275.
MT. Mont~omez~ reminded the public of the "clunker clean up"
program in honor of Earth Week, sponsored by Chico Towing and the
city of Bremerton. City residents can call 478-5223 and make a
"Clunker Clean Up Request". He further commented on a recent
Letter To the Editor from John Thomas in which he referenced a
letter submitted by Mary Izzo dated April 8. To clarify for the
public, it is required by law that all City Council members live in
the district from which they are elected. He assured Mary that
none of the nine Council members have "deep pockets", and all of
them have to pay for their sewer service whether or not they like
it. He urged Mary and John to attend more meetings of the city
Council, i.e., study sessions, in order to learn more about what is
going on before making inaccurate public comments. The current
Council has no way of changing what happened 10 years ago, but must
deal with things on a day-to-day basis. Just because someone
"screwed up" 10 years ago, doesn't mean that we can eliminate it
without some kind of a cost affecting all of the residents of the
City.
Mr. Colvin announced the next District #1 Neighborhood Meeting will
be held May 16, 7:00 P.M., at the Sheridan Park and Recreation
Center. Mayor Lynn Horton will be the guest speaker at that
meeting, and will comment on the "State of the city". He noted
that any suggestions or concerns submitted in writing will be given
priority at that meeting as well.
Mr. Winters asked the citizens of Bremerton and visitors passing
through to be aware of road work going on during wet and rainy
weather. He thanked the Police Department for doing all they can
to make the City safer. On Saturday evening, he was pleased to see
activity on the boardwalk, particularly those boarding a cruise
ship. Lastly, he wished his Father a "Happy 66th Birthday".
Mr. Law recognized the passing of a great patriot, Admiral Jim
Russell. He was the epitome of a real "officer and gentleman". He
appreciated the citizens who attended the District 3 meeting last
night, and stated it was a very educational meeting. He attended
the ribbon cutting ceremony, sponsored by the County, for the new
Hazardous Waste Building near the Olympic View Landfill site.
There is no cost to any non-commercial county resident for dumping
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April 17, 1996
Page 3 of 10
off hazardous waste at the site on its days of operation which are
Thursday, Friday, and Saturday, from 10:00 A.M. to 4:00 P.M.
M~YORtS REPORT
Mayor Lynn Horton again reminded the public that this is Spring
Clean Up week, and if a City resident has yard waste to dispose of,
they can bring it to Evergreen Park through April 19, from 10:00
A.M. to 6:00 P.M., and on April 20 from 6:00 A.M. to 8:00 P.M.,
free of charge. Loads should not be larger than pick up trucks or
small trailers, no longer than 8 feet. In addition, the Olympic
View Landfill will be accepting upholstered furniture (no
appliances) and mattresses at one-half the regular cost. This
service is being provided to the Bremerton community by the City,
Olympic View Landfill, and Brem-Air Disposal, Inc.
Mayor Horton extended a special "thank you" to Merrill Wallace,
from the Bremerton Housing authority, for taking the time to help
a gentleman, who looked to her for help in sorting out a problem
with a late payment of his rent, and was caught up in a
"bureaucratic maze".
Mayor Horton read a Proclamation identifying the month of April
1996 as "Washington State Disaster Preparedness Month", which was
accepted by A1 Duke, Assistant Fire Chief. He stated Disaster
Preparedness information is available for citizens at the Fire
Department or by calling 478-5380.
PUBLIC RECOGNITION
Gordy Byrd agreed with Councilman Montgomery, and has always
encouraged citizens with complaints to attend a City Council
meeting and present their concerns in person to the Council.
Donald L. Larson, President of the Washington Scuba Alliance,
announced on April 15 educational signs were installed at
Evergreen Park and Lions Field. He encouraged the Council to write
letters to public officials requesting that a Navy Ship be made
available to establish an underwater park in Bremerton. He
reminded the public of the Sinclair Inlet Clean Up on April 20,
12:00 noon to 3:00 P.M., at the First Street Dock.
Elizabeth Buell thanked the City for working on the removal of the
Scotch broom.
Ed Pietras, President of the Martin Luther King Memorial
Scholarship Fund, announced the annual Constitution Day Luncheon
will be held on September 15, 1996, 1:30 P.M., at Ruffino's
Restaurant at the Best Western Bayview Inn on Kitsap Way. The
highlight of the program will be the presentation of the "Bridge
Builder Award" to Kitsap County Commissioner Win Granlund for his
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many years of service to residents of Kitsap county. The guest
speaker will be Dr. Janet Berry, Superintendent of Central Kitsap
School District, and recently voted as the most Outstanding
Superintendent in the nation. The next planning meeting for this
event is scheduled for April 20, 9:00 A.M., at Annie's Garden
Buffet restaurant in the Perry Avenue Mall. The public is invited
and encouraged to attend.
John &. Steffens, Olympic Peninsula Building & Construction Trades
council, announced that Gold Mountain Golf Course has been chosen
as the site of this year's D.A.D.S. Day Golf Tournament, on Friday,
June 14, starting at about 11:00 A.M. This is a fund raiser to
help fight diabetes.
President Law announced item 8B has been pulled from the Agenda.
BID AWARD RECOMMENDATION - 11TH STREET RECONSTRUCTION PROJECT,
CWESTER AVENUE TO WARREN AVENUE, ~AB96-078
Bids were opened for the llth Street Reconstruction Project on
March 25, 1996. Three bids for this project were received. The
low bidder is C.A. Carey, Corporation in the amount of $396,692.80,
including sales tax. The Engineer's estimate prepared on
completion of design for this project was $349,391.80 including
sales tax. The primary reason for the difference between the
Engineer's estimate and the contractor's bids appear to be because
the steepness of the grade and the amount of time llth Street can
be closed. The action before the City Council is approval of a
contract for construction of this project.
Randy Witt, city Engineer, stated since the bids were received and
opened, his staff checked references for the selected contractor,
and was also looking into their experience on this type of project.
It was found that the contractor has a great deal of experience on
these types of projects, and all of his references gave "glowing"
reports.
Public comment - none.
Mr. Overson stated it was his understanding there would be a
significant number of improvements to this area, and asked Mr.
Witt to elaborate on the anticipated results. Mr. Witt clarified
the area in question is on llth Street from Warren Avenue to
Chester Avenue. The street will be reconstructed with concrete,
rather than asphalt (which tends to slide), along with the
construction of a sidewalk on the north side and the addition of
some street lighting. The road will need to be shut down, possibly
for up to three weeks. There is an extensive detour plan in place
to reroute traffic down 6th Street.
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Mr. Neville asked approximately how much time is anticipated for
closure of the road, and when will construction start? Mr. Witt
stated the contract allows 21 calendar days. The project will get
underway as soon as the contractor has been lined up, and as soon
as the weather permits, there will be sufficient notification
given through signs, newspaper articles, and radio announcements.
M/S/C/U(Montgomery/Farr) to approve the contract for $396,692.80
with C.A. Carey, Corporation for construction of the llth Street
Reconstruction Project, and to authorize the Mayor to execute the
same, subject to City Administrative Policies and Procedures.
7B - CALLOW AVENUE BASIN CSO REDUCTION PROJECTt PRIORITY it PHASE
2 (V4214) PUBLIC WORKS TRUST FUND LOAN APPROVAL, ~]tB96-079
Last year, City staff applied to the Public Works Trust Fund (PWTF)
for a Iow interest loan for the Callow Avenue Basin CSO Reduction
Project; Priority 1, Phase 2 construction. The application ranked
highly in the selection process, was recommended for funding by the
PWTF Board, and was recently approved for funding by the State
Legislature.
The attached loan agreement has a face value of $2,844,000.00, an
interest rate of 1%, and is payable over 20 years. Matching funds
are provided in the approved 1996 budget. Staff recommends
approval of the loan agreement.
Randy Witt, City Engineer, reported this was good news for the city
and the third year in a row the City has benefitted from this
source of funds. This provides for a iow interest loan for
construction of a phase for the Callow Avenue Basin CSO Reduction
Project, to be constructed this summer. He pointed out that over
the life of the loan, the City will save almost $2 million using
this type of funding, compared to other funding normally used. It
is a great deal, and a great opportunity.
Public comment - none.
Mr. McConnell asked which funds are going to be used to repay this
loan? Mr. Witt stated the revenue from the stormwater and the
sewer rates. Mr. McConnell then asked if this will increase the
stormwater and sewer rates? Mr. Witt stated no, this will actually
put off additional rate increases, and referred to a Cost of Funds
Comparison chart showing there will be a slight increase in the
next few years, but the long term is where the City will save
money.
Mr. Montqomer¥ thanked Mr. Witt for the outstanding job he has done
on this CSO Reduction Project, and the work involved to get this
type of loan. Saving $2 million over the life of a loan is "pretty
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good savings".
M/S/C/U(Montgomery/Farr) to authorize and direct the Mayor to enter
into the attached loan agreement with the Public Works Trust Fund
in the amount of $2,844,000.00 for the Callow Avenue Basin CSO
Reduction Project; Priority 1, Phase 2 construction.
8A - ORDINANCE NO. 4550 (SECOND READING) ADOPTING INTERIM LAND USE
PERMIT REGULATIONS, ~AB96-076
Ian Sievers, City Attorney, commented that much of the discussion
from the Council meeting focused on Council's discontent with the
restrictive nature of the Council hearing that would take place on
these reform rules. A handout was given to Council members at a
Study Session, titled Regulatory Reform Options, and the highlights
were discussed. Common questions addressed and answered are 1) Who
may file an appeal; 2) What else may be submitted; and 3) Who has
the burden on appeal. Recommendations were also discussed, with
model language provided.
President Law observed that the recommendations just provided,
still do not change the situation of the inexperienced person with
an investment in a home or piece of property, who must compete with
a developer or someone, with a great deal of experience with the
process of the Planning Commission, Planning Department, etc.. Such
a person has less of a chance to get through the Planning
Commission process, to appeal, and then to come before the City
Council than the "professionals"; and will need to support his
concerns, while learning the process at the same time. It seems
the Legislature has picked on the "little guy", and this offends
him.
Mr. Sievers stated Mr. Law's comments were fair criticism of the
Legislation, and through his own experience on the Council, knows
first hand that this is a learning experience for many citizens,
who have a concern, and may never have come before Council
previously and are unprepared. It is true that the changes and
recommendations made tonight do not address this problem. Once the
Planning Commission hearing is gone, it is gone. The only way to
correct that is for the Planning Department to provide a lot of
very detailed information with easy access. When notices go out
that an item is going to the Planning Commission, an outline of the
full procedure could be included, with the limitations of the
Planning Commission on appeals brought before Council. Hopefully,
the public can be notified that an item is going before the
Planning Commission. If the Ordinance is not passed tonight, The
city will be behind deadline. The concern is that appeals might be
forthcoming, and filed with the Planning Commission. Timing is
critical, and if the procedures are not in place, the city will
not be in compliance with State law, and any decisions made may be
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April 17, 1996
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challenged.
Mr. F&rr, commented that this ordinance expires 90 days after the
effective date, and even if it isn't perfect and is passed tonight,
there is an opportunity to get it right later. He asked what the
process will be to get public input on the new regulations. Mr.
Sievers stated he has talked with Planning Department staff and the
plan is to follow up with another joint Study Session with both the
Planning Department and City Council, which will be open to the
public. Some text changes will be developed that will provide a
lot more detail than this interim ordinance, and they will go into
the permanent Zoning Code. A lot of notice to the public will be
provided.
Mr. Winters stated he abstained on the vote at first reading of the
ordinance based on his belief that a lot of the information that
was being put before the Planning Commission would be eliminated
before being brought to Council. With these recommendations
presented tonight, it is helping him to understand now that Council
still shall enter its decision based on the record, except limited
new information or evidence as allowed by Council rules. He is
glad to see the City Attorney change this due to previous debate.
Mr. McConnell asked if his understanding is correct, that verbal
arguments will be allowed at a closed hearing, as long as it
pertains to what took place at the Planning Commission? Mr. Sievers
stated yes, and since Council will be aware of the record, it will
be up to the Chair to keep it on track and not allowing new
information.
Mr. Colvin asked if the two-step process would still be in place
where an item denied by the Planning Commission would then be
brought before City Council for appeal? Mr. Sievers stated the
two-step process for an appeal is still there. The only problem is
whether it is going to be allowed for the Planning Commission to
take the testimony to Council, and will it be based on a closed
record. Mr. Colvin asked if the citizen would again provide verbal
testimony? Mr. Sievers stated the citizen would file an
application with the Planning Department as they do now, and
probably provide argument referencing the Planning Commission
decision and referring to the record, but this can be considered
"argument". There is a trend to go with Hearings Examiners more
and more often on land use decisions. He does not know if the
State Act was created because they were listening to citizens or to
developers, or if they thought it would speed the process.
Mayor Horton reminded Council that this was "ground breaking"
legislation, and there is a second chance to review this ordinance
and make recommendations after 90 days. Between now and the next
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legislative process, it will be helpful toward the end of the year
for Council to have a Study Session and to review whether this
process is working well. At that time, written information can be
provided to the legislature regarding what was experienced with the
new process. She believes there are both pros and cons with this
legislation. Streamlining the process will probably be helpful to
the "little people" as well as to the developer, if we can
articulate the process clearly enough to everyone as to what it is
they can expect. That is our greatest challenge, and constant
feedback will be needed. In turn, this will need to be
communicated to the Legislature.
Public comment - none.
Mr. Montqome~f stated he just received additional information
tonight and asked if this item could be tabled one week to allow
for the reading of this information?
M/S/F(Montgomery/Colvin) to postpone action on this item for one
week in order to review material just received.
Mr. Neville asked the City Attorney for further clarification of
what is meant by the "approval criteria" from Item III of the
Regulatory Reform options handout. Mr. Sievers stated the
"approval criteria" is for the project permit, and the criteria
will vary depending on the project.
Mr. Overson commented that this is some of the worst legislation he
has seen. He was concerned about this item being tabled one week
because he will not be at next Council meeting and wanted to
include his comments and concerns.
Mr. Colvin questioned any impact if Council did not pass the
ordinance at this time? Mr. Sievers explained the principal
disadvantage of not passing the ordinance at this time is that the
city is now out of compliance with State law with the hearing
process in the current code; and some person could use that to
obstruct a permit process. Mr. Colvin asked if the city would be
subject to a lawsuit? Mr. Sievers stated yes, the City could be
sued for improper procedures and the action or final decision made
would be involved in a suit to set that decision aside. Mr. Colvin
asked if the city would have any recourse to not follow the State
law? Mr. Sievers stated no, he outlined the very small options
with the closed hearing and the other major approach is to take the
record hearing at Council and not at the Planning Commission.
Mr. McConnell asked why this issue was coming before Council after
the deadline set by the State? Mr. Sievers stated it was his
understanding the City was tracking the April 1 deadlines; however,
TAPE #1373
City Council Reg. Mtg. Minutes
April 17, 1996
Page 9 of 10
the Planning Department has been short of staff, which may have
added to the delay. The proposed ordinance is not one we want on
a permanent basis and it is viewed as a "stop gap" action. Mr.
McConne11 asked how will changes be made within the 90 day time
frame or will Council see a new ordinance addressing the permitting
process? Mr. Sievers explained the proposed ordinance would be
gone after 90 days and a new ordinance adopted. There are two
approaches in the model ordinance he mentioned, i.e. Mill Creek's
ordinance was all nicely contained in a single chapter on appeals.
Some of the other model ordinances went through and changed various
parts of their Zoning Code. It would be his recommendation to let
the Planning Department determine the best approach. Mr. McConne11
asked how will postponing action on this ordinance make it any more
palatable? Mr. Winters stated he did not believe it was in the
City's best interest to be out of compliance with State law and the
City will have a 90-day review period to fine tune the permanent
ordinance addressing the permit process.
Mayor Horton emphasized a great deal of effort has been given
updating the Comprehensive Plan and new development code/Zoning
Ordinance so it can be brought before Council. Also, the Planning
Director's health problems have added to the delay of bringing this
item before Council. However, this is indicative of the State
giving cities too much to do in too short a time and most of us
have too little staff to deal with what they have mandated.
President Law stated he would like to see this put together in the
form suggested by the City Attorney and make it available to the
public for their review. He feels strongly the "little guy" is
getting short changed and Council needs more time to look at what
is being proposed.
Mr. MoConne11 stated deliberately going out of compliance with
State law could make it difficult in the future to get the State
Legislature to change it the way it ought to be. Mr. Montqomery
restated the intent of his motion was to allow Council the
opportunity to review the material that was handed out just prior
to the meeting. Mr. Sievers stated as long as Council is not
making the fundamental assignment on the "open hearing", the
practice will be to continue having the open hearing before the
Planning Commission and it allow Council to have a lead time.
Again, the only problem is to let people know before the Council
hearing that their opportunities at Council may be foreclosed. He
did not see delaying Council action for one week would create a
problem.
Mr. Overson stated he intended to vote against the motion to
postpone because it does not appear it will contribute anything to
the ultimate end. He urged Council to vote against the motion to
#2514
TAPE #1373
City Council Reg. Mtg. Minutes
April 17, 1996
Page 10 of 10
delay one week and approve a motion to implement the interim
procedure. Mr. Winters asked if Mr. Overson intended to vote with
the recommendations in the second motion or leave them out
completely? Mr. Overson stated with the recommendations in the
second motion.
Vote on motion:
Motion failed.
In Favor:
Opposed:
Montgomery
McConnell, Colvin, Winters, Overson,
Neville, Farr, Law
M/S/C(Neville/Farr) to pass Ordinance No. 4550 on second reading,
implementing interim Land Use Permit procedures pursuant to ESHB
1724, Ch. 347 Laws of 1995, with the noted exceptions at the end of
page 2 of the ordinance, top paragraph deleting the sentence "The
City Council shall make its decision based on the record."; and
add: "The City Council shall enter its decision based on the record
except limited new information or evidence as allowed by Council
rules"; and delete the following sentence from Section 2(3): "The
Council may modify or reverse the decision of the Planninq
Commission if the party seekinq relief has carried its burden of
proof as to one or more of the following standards (include the
listed standards (a) through (f)"; and enter in the second
recommendation that: "Council may modify or reverse the decision of
the Planninq Commission based upon its Findinqs and Conclusions
that approved criteria for the particular project permit have or
have not been met; and amending Bremerton Municipal Code Title 21.
Vote on motion:
In Favor:
Opposed:
Overson, Neville, Farr, Law,
McConnell, Colvin, Winters
Montgomery
Motion carried.
With no further business meeting adjourned at 6:55 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
JOHN E. LAW, Council President
City of Bremerton
KLM/JL/me
cc: Normal Distribution
File/Vault
SUBJECT: Bid Award
Kubota Tractor for Golf Course
Maintenance
AGENDA BILL
BREMERTON CITY COUNCIL
FOR THE AGENDA OF: May 01, 1996
ORIGINATING DEPT: Parks & Recreation Dept.
ORGINATOR: Pat Westhoff
DATE SUBMITTED: April 12, 1996
2. CLEARANCES: (comment on back if necessary)
3. EXHIBITS:
A. Technical specifications
B. Tabulation Form
C. Budget
Purchasing _ .,.-/~ ~
City Treasurer ~~
Parks Director
Fiscal and Budget
Council Operations X~. ~/.~'~ -
ENDORSEMENT X INFORMATION APPROVED BY CiTY COUNCILFOR SUBMITTAL:
MAYOR: ~ ,q~, -~.L_/// -- COUNCIL PRESIDE~T~
SUMMARY STATEMENT AND REQUIREMENTS FOR COUNCIL ACTION:
A call for Bids on One (1) 4-Wheel Drive Kubota Tractor Model L-2900 GST for Gold Mountain Golf Course
was prepared, advertised, distributed and received in accordance with accepted call for
bid procedures.
Two bids were received. Low bidder, Kitsap Farm and Garden. Base bid $13,847.00 + sales Tax of
$1,121.61 Total cost of $14,968.61
RECOMMENDATION:
That City Council accept the bid and approve the purchase of the Kubota Tractor from Kitsap
Farm and Garden for the Bid price of $14,968.61 including sales tax.
9. RESPONSIBLE OFFICIAL: Jim Spencer, Interim Director
ENFORCEMENT OFFICIAL: Jim Spencer, Interim Director
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE
10, NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11. AGENDA BILL NO:
AMENDED
2. CLEARANCE COMMENTS:
$. IMPACT ON NON-PASSAGE
The new golf course could not be maintained during the grow-in or for normal golf course
maintenance.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES:
No Impact, this equipment was budgeted out of the 1996 Golf Course Construction Fund.
(see attached budget)
7. RESEARCH RESOURCES:
The City
KUBOTA
division.
TECHNICAL SPECIFICATIONS
owned Gold Mountain Golf Course is requesting bids for One (1)
L-2900 GST 4-Wheel Drive Tractor for its grounds maintenance
To be considered, equipment must comply, at a minimum,
specifications.
with the following
The City's representative for this bid is John Alexander, Greens Superintendent,
and will be the sole judge of the compliance with design and performance of any
equipment proposed.
Bidder shall provide detailed specifications of equipment being proposed. However,
the following specifications are to be considered as a minimum of those required by
the City.
Bidder shall also provide clarification of specifications that are not consistent with
those herein stated.
Successful Bidder will provide a SERVICE TECHNICAL MANUAL with the
delivery of the tractor.
Equipment specifications are:
* 4 Wheel Drive
* 25 PTO H.P. Minimum
* Glide Shift Transmission
* Independent PTO
* Turf Tires
* Single spool remote valve
* Diesel Engine
* 3 Point Hitch
* Power Steering
CITY OF BREMERTON: BID TABULATION FORM
BIO OPENING DATE: ~'--I L'--q C
TIME:
RECOFIDED BY -,~:>~-~-
*************************************
" BID BIC '" "NET "' TAX TOTAL
ANALYSIS NET REMARK~R~FERENCE~ERIFICATIONS, ~C.
LOW BID VENDOR:
'~C~D LOW BID:
THIRO LOW BID:
CITY OF BREMERTON
PARK DEPARTMENT PROJECT CODING
1996 BUDGET
PROJECT
EXPENDITURE OBJECT PROJECT
CODE CODE CODE
BUDGET
GOLF COURSE FUND 407:
OLD COURSE:
TRITON LIFT
~ REEL GRINDER
· ,/TRIM MOWER
~ UTILITY VEHICLES
· ' WHEEL BLOWER
CART PATH REPAIR
/ FIRE ALARM
/ INTRUSION ALARM
BED KNIFE SHARPENER
UNIDENTIFIED PROJECTS
SUB-TOTAL
NEW COURSE:
ZFAIRWAY MOWERS (2)
fGREENS MOWERS (2)
/MECHANICAL BRUSH
~'TRIM MOWER
/TEE MOWERS (2)
z ROUGH MOWER
~ WALKING GREENS MOWER
..-----~TRACTOR
· 'TOP DRESSER (2)
~'GREENS REEL
,~ UTILITY VEHICLE
· "CUSHMAN TRUCKSTER
,/SAND MACHINE
FLYMO (3)
,~ SPRAY MACHINE
,,,'WHEEL BLOWER
GROW - IN MAINTENANCE
COURSE AMENITIES
SUB-TOTAL
FUND TOTAL
594.7654
594.7654
594.7654
594.7654
594.7654
594.7654
594.7654
594.7654
594.7654
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
594.1854
56410
56430
56410
56410
56410
56310
56430
56430
56430
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56410
56510
5631O
J96411
J96412
J96413
J96414
J96415
J96416
J96417
J96418
J96419
J96451
J96452
J96453
J96454
J96455
J96456
J96457
J96458
J96459
J96460
J96461
J96462
J96463
J96464
J96465
J96466
J96469
J96470
7,000
23,000
16,OO0
5,000
1,200
15,000
1,800
4,300
9,OO0
32,700
115,000
50,000
30,000
4,000
16,000
30,000
18,000
12,000
20,000
10,000
4,400
10,000
15,000
7,000
2,400
15,000
1,200
300,OO0
30,000
575,000
690,000
SUBJECT: Department
of Parks and Recreation
Budget Adjustment -
Playground Improvements
AGENDA BILL
BREMERTON CITY COUNCIL
FOR THE AGENDA OF:May 1, 1996
ORIGINATING DEPT: Parks & Recreation Dept.
ORGINATOR: Jim Spencer
DATE SUBMITTED: April 18, 1996
o
CLEARANCES: (comment~on bac~if necessary)
Parks
Risk Manager ~__.,,,//"~.~
City Treasurer
,isca and Budget
Counc, Opera,ons
3. EXHIBITS:
A. Budget Adjustment Request
ENDORSEMENT ~ INFORMATION APPROVED BY CITY COUNC. gL-'I~R SUBMITTAL:
SUMMARY STATEMENT AND REOUIREMENTS FOR COUNCIL .~CTION:
A thorough survey of all Park play areas was recently completed by the Department's Playground
Safety Inspector. The results of this survey identified areas of concern that need attention in order
to bring our play areas into compliance with National Safety Standards. This adjustment will allow
the use of the savings realized f~om insurance premiums that came in under budget, for use on the
necessary Playground improvements. It is expected that these improvements will reduce the
potential injury to children and the related claims and litigation expenses to the City.
8. RECOMMENDATION:
That City Council approve Budget Adjustment Request 96-11
9. RESPONSIBLE OFFICIAL: Jim Spencer, Interim Director
ENFORCEMENT OFFICIAL: Jim Spencer, Interim Director
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11. AGENDA BILL NO:
CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE
Necessary improvements to Park play areas will not be made.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES:
The $35,000 will be used to purchase supplies and replacement toys. Improvements/installations
will be accomplished using in-house personnel. This work will be time phased so as to not
impact other Park maintenance operations.
7. RESEARCH RESOURCES;
Requesting Department:
_ CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
PARK and GENERAL MISC.
No. 96-11
SOURCE OF FUNDS:
Description
REDUCE:
INTERFUNDINSURANCE
Amount
35,000
USE OF FUNDS:
Description
INCREASE:
PLAYGROUND EQUIPMENT IMP.
Amount
35,000
NARRATIVE:
This adjustment will allow the use of the savings realized from insurance premiums coming in under budget/~/
to make improvements to the City's playground equipment. It is expected that these improvements will
reduce injuries to children and the related claims and litigation expenses to the City.
Department Head Signature
Treasurer Comments:
Date
or SignatuCe'
,Recommended
Mayor Comments:
Not Recommended
Treasurer's
'~ Recommended ~-~ Not Recommended
[---] Approved ~ Denied
Fiscal & Budget Committee Comments:
Date
~-~ Recommended
~-1 Approved
Not Recommended
Denied
Fi§cai & Budg~ Committee Signature
Date
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: An ordinance amending
the selection process, benefits,
and starting compensation for
department heads, management and
professional staff; and amending
Chapters 2.49 and 2.50 of the
Bremerton Municipal Code.
FOR AGENDA OF: May 1, 1996
ORIGINATING DEPT: Human Resources
ORIGINATOR: Jim Meith
DATE SUBMITTED: April 17, 1996
_~ssary)
C i~~' .u~e~
ttee
Operations Committee
EXHIBITS:
Proposed Ordinance
ENDORSEMENT ~ ~RMATION [] APPROVED BY COUNCIL~~SUBMITTAL:
MAYOR O~ ~.. COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ~ION:
A review of the Management and Professional Staff Compensation Program has been
completed. The proposed ordinance will change the plan in three areas:
1. Recruitment flexibility;
2. Rate increases based on satisfactory performance; and
3. Equalize basic benefits with those received by represented employees.
Council Action is required to amend the Bremerton Municipal Code to implement
these changes.
8. RECOMMENDATION:
Motion to approve on first reading and passage on second reading, Ordinance
No. amending the selection process, benefits, and starting
compensation for department heads,-management and professional staff; amending
Chapters 2.49 and 2.50 of the Bremerton Municipal Code.
9. RESPONSIBLE OFFICIAL: Mayor Horton
ENFORCEMENT OFFICIAL: Human Resources Manager
EXPIRATION DATE: Ongoing
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
(OVER)
37
CLEARANCE COMMENTS=
IMPACT OF NON-PASSAGE:
If this is not passed, the ability of the City to recruit the best qualified
management and professional staff would be hampered. Also, the City would not be
treating employees in a completely equitable manner.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
There should be minimal impact on budgets and no budget adjustment is required.
7. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE amending the confirmation standards, salary and
compensation plans, work schedules and leave benefits for department
heads, management and professional staff, and amending Chapter 2.49 and
2.50 of the Bremerton Municipal Code.
T~ CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Section 2.49.020 of the Bremerton Municipal Code is
amended to read as follows:
2.49.020 CONFIRMATION STANDARDS. Prior to Council confirmation, the
Human Resources Managsr shall have sought applications from non-employee as well as
employee applicants. Provided, however, That this requirement may be waived by the
City Co ncil :~ +s. ......
Section 2. Amendment. Section 2.50.032C0) of the Bremerton Municipal Code
is amended to read as follows:
2.50.032 ACTUAL SALARY RATE. Each person included in the plan shall have
his or her salary rate set as follows:
(b) In-Range Rate Adjustment. Each person hired on or after January 1, 1993
shall be eligible for a salary rate advancement h .... ~.:~ ~. s. .... ~ .....
~'~ '~*~ "~*~': .... ~"' ~'~"'~ upon completion of twelve full months at each rate in the
salary band. Each person --,h ...... employed ~--. ,h~ t-:,, ,
.......... j ....... j in a position :~..~-~ in the plan
on January 1, 1993, shall Save be eligible for a salary rate advancement on ~:~
an In-R~ge ~te Adjustment, the employee must be ev~uat~ ~ "Me~s Expectations"
(or ~uiv~em) on ~a or her work peffom~o ~v~uafion. Tho~ ,mgloy~a who re~ive
a rating that ex~eds the rating "Meets E~ectations" {or equiv~ent) may be eligible to
receive ~ addition~ adjustment. The adjustment, if ~ excess of one rate, shall be
dete~ned by reco~endhtion of the Dep~ment Head ~d Mayor, Mth the approv~ of
the City Council.
A rate advancement that w~ denied mag be ~anted follo~ng a ~nimum simy
(60) day renew period of the employee's peffomance.
No~thst~ding the above, when it is in the be~ interest of the Ciw, the Ci~
Council upon the recommendation of the Mayor may autho~e ~ ~-range adjustment to
pro, de additional s~a~ in instances of promotion, to pro,de for intem~ equi~
co~ections, or for ~other reason deemed appropfime by the Ci~ Council.
Section 3. New Section. A new se~ion 2.50.034, ~TI~ BE~FITS FOR
DEP~T~NT ~S, is hereby added to Chapter 2.50 to read as follows:
2.50.034 ~TI~ BE~FITS FOR DEP~~~ ~S. ~en it is in the
best interest of the City, the City Council may authorize increased or additional benefits in
hiring a depmment head beyond those specffied in t~s chapter. ~y emraordina~
benefits must be included in the department head's employment contract approved by the
City Council.
Section 4. Amendment. Section 2.50.040 of the Bremerton Municipal Code is
amended to read as follows:
2.50.040050 WORK SCHEDULES AND LEAVE BENEFITS.
(b) Holiday Time. Managers and professional staff shall receive a full day of time
off.without loss of compensation for each holiday observed by the City on the day the City
Holidays observed by the City
observes the holiday and one additional floating holiday.
are:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day at%r Thanksgiving
Christmas
In addition, similar time off. without loss of compensation is granted for any other
holiday which the City Council takes specific official action to observe.
(d) Sick Leave Accrual.
(1) Rate. Sick leave is accrued at the rate of twelve (12) full days per year
and is proportionately credited to sick leave balances each pay period_.
(9) Sick Leave Retirement Payment. An employee who retires from City
service on a PERS or LEOFF service or disability retirement, shall be provided a Sick
Leave Retirement Payment at thirty-five percent (35%) of the employees accrued and
unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336
hours). The payment will be made to the employee at the employee's regular hourly w.a. ge
rate in effect at the time of retirement.
(10) Payment of Sick Leave Upon Death. In the event of the death of an
employee, the employee's estate shall be paid for the total accrued and unused sick lea. ve
hours at the employee's regular hourly wage rate in effect at the time of death.
Section 5. Effective l)ate. This ordinance shall become effective ten (10) days
fi.om passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
, 1996.
PASSED by the City Council of the City of Bremerton this day of
,1996.
APPROVED this
JOHN E. LAW, Council President
day of ,1996.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY
City Clerk