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TAPES #1730 & #1731
CITY COUNCIL MEETING MINUTES
November 8, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 8, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne
Olsen. Also present were City Attorney Glenna Malanca; Deputy City Clerk Paula Johnston; and
Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed
by the invocation given by Retired Pastor Alfred Dobson.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; followed by a 5-minute Executive Session to "Evaluate an Ap. plication for Employment"
and a 15-minute Study Session to discuss "Year 2001 Legislative Agenda" and "Solid Waste
Transfer Facility" with Mary McClure of Kitsap Regional Coordinating Council; and
(2) Council will hold two Study Sessions immediately following the Council Meeting in the Council
Conference Room to discuss "Gold Mountain Clubhouse" and a 2001-2002 Budget Study Session
to discuss "Overview and Review", "Miscellaneous Expenditures, and "Intergovernmental".
CONSENT AGENDA
A. Meeting Minutes - October 25, 2000 (#AB00-244)
B. Sole Source Purchase of a Tore Grounds Master 3500-D Sidewinder Mower for the Gold
Mountain Golf Course (#AB00-245)
C. Budget Adjustment for Water Fund No. 401, Wastewater Fund No. 451, and Stormwater Fund
No. 481 (#AB00-246)
#0025 M/S/C/U (McConnell/Olson) Move 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.
#0055 M/S/C/U (Law/McConnell) On November 8, 2000, the Council does approve for payment those
vouchers included and further described as follows: 246593 - 246765 in the amount of $319,685.07;
and Regular Payroll for the period ending October 31, 2000 in the amount of $1,010,856.99.
COUNCIL MEMBER REPORTS
David Farr commented on the elections and announced that his wife Anna Laurie has unofficially
been elected to Superior Court Judge.
Mike Shepherd was pleased at the voter turnout dudng the elections; and announced that a District 5
Meeting would be held November 16th at Memorial Lutheran Church located at 10th & Veneta,
beginning at 6:30 P.M. to discuss senior related issues.
Ed Rollman mentioned that the parking problem on the 600 block on Highland Avenue would be
resolved; and thanked City employees for their efforts throughout the year in providing much needed
information to City Council.
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City Council Reg. Mtg. Minutes
November 8, 2000
Page 2 of 6
John Law announced that the next District 3 Meeting would be held on November 21st at 7:00 P.M.
at the Senior Center located at 13th and E. Nipsic to discuss "What is going to happen to East Park".
Cecil McConnell commented on the "Election Night" event held at the Admiral Theater yesterday.
Wayne Olsen thanked all of the candidates involved in the election process; and congratulated Mr.
Farr and his wife on her victory in the polls.
President Arends enjoyed the breakfast served by the Public Works & Utilities Department, where
project updates were also provided. She sadly announced that Ralph Smith, a long time District 7
resident, has passed away and expressed her condolences to his family.
MAYOR'S REPORT
Mayor Horton read a proclamation recognizing the contributions of Americans during the Korean
War, which was accepted by members of The Elizabeth Ellington Chapter of the National Society of
Daughters of the American Revolution.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
John Burch announced that the Bremerton Elks Lodge on Pine Road would be holding a Veterans
Program on November 9th, and additional information can be obtained by calling 479-1181.
Glen Jarstad provided his comments on the election process.
9A - APPOINTMENT OF STEVEN BERKOWITZ TO THE PLANNING COMMISSION (#AB00-247):
Mayor Horton provided comments to support her recommendation of Steven Berkowitz to fill one of
the two vacancies currently on the Planning Commission.
There were no comments from the public.
#0660 M/S/C/U (Olsen/Rollman) Move to confirm the appointment of Steven Berkowitz to the
Planning Commission.
9B - APPOINTMENT OF TINY COLLINS TO THE CIVIL SERVICE COMMISSION (#AB00-248):
Mayor Horton discussed the experience of Tiny Collins to support his appointment to one of the two
vacancies currently on the Civil Service Commission.
There were no comments from the public.
#0730 M/S/C/U (Farr/Shepherd) Move to confirm the appointment of Tiny Collins to the Civil Service
Commission.
10A- ORDINANCE NO. 4726 (SECOND READING) ON STREET VACATIONS FOR PORTIONS
OF COTTMAN AVENUE AND PERRY STREET (#AB00-239): First reading of this ordinance was
heard at the Council meeting on October 25, 2000. Jeff Shea, Senior Engineer, addressed the
questions brought up at the First Reading of this ordinance, as well as the issues raised in a letter by
the attorney representing Mr. Admiral Ross. He reiterated that most of this right-of-way is
undeveloped with a portion of Cottman Avenue being used as a gravel access way. A private street
will be improved to provide access to the property owners, who abut this right-of-way, and access
easements will be granted. The changes made to this ordinance at the request of Mr. Ross were
TAPES #1730 & #1731
City Council Reg. Mtg. Minutes
November 8, 2000
Page 3 of 6
outlined. The easement would be extended to another right-of-way until F Street is constructed. The
Haselwoods have no intent to construct or maintain the area in question.
Admiral Ross again expressed his concerns over access to his home and his business, and added
that for as long as his business has been present, Cottman Avenue has been present. John Ross,
Admiral Ross' son, asked for clarification on the temporary easement mentioned earlier, and wanted
to know who destroyed Cottman Avenue initially.
Mr. Shea stated that once F Street is constructed, the temporary easement would be removed since
Admiral Ross would have access along F Street. He reiterated that although access is restricted due
to construction there would be improved access once F Street is completed. He clarified that this
language was included in the ordinance. Glenna Malanca pointed out that the vacation of Cottman
Avenue is at issue not construction related concerns. She directed Admiral Ross to submit those
concerns to the Public Works & Utilities Department.
Glen Jarstad added that vehicular access was limited along Cottman Avenue, and was pleased with
the prospective improvements.
Mr. McConnell asked for "privatization of streets" to be defined; and asked how many ways to
access the property are in the area. Mr. Shea stated that the road would not be dedicated to the City
for improvements, and that the road would be owned by Haselwood Management to be used as a
driveway. He also added that there is only one way to access the property.
Mr. Shepherd asked how soon F Street would be constructed. Fred Nuti representing Haselwood
Management, Inc. summarized that stabilizing the area will begin effective immediately, and would
include efforts to reduce the risk of erosion.
Mr. Esser asked what would make the vacation acceptable to Admiral Ross and what would the
actual restorative effort include. Admiral Ross requested that Cottman Avenue be leveled off so
access is acceptable; and John Ross would like the City to consider opening up further access from
Roosevelt to Cottman in addition to the proposed changes to Cottman Avenue and F Street.
Mr. Reed explained that construction at the Oyster Bay Complex has impacted access for the Ross
family and clarified that the street vacation is a separate access issue. He asked if the ingress and
egress were established would Mr. Ross be satisfied with the vacation. Admiral Ross answered
yes; and Mr. Shea responded again that there would be no improvements along the temporary
easement, which will be in place until F Street is constructed. Mr. Shepherd added that a pile of
gravel left on Roosevelt Avenue made the road impassable and that a contractor who needs to
remove the gravel is causing the problem. Mr. Nuti stated that there is no intent to make
improvements, but the gravel piles will be stabilized.
David Farr stepped out of the meeting at 6:52 P.M.
#2700 M/S/C/U (Olson/Rollman) Move to pass Ordinance No. 4726, vacating portions of Cottman
Avenue and Perry Street, on second reading.
David Farr was not present for this vote; and returned to the meeting at 6:54 P.M.
10B- ORDINANCE NO. 4727 (SECOND READING), LEVYING PROPERTY TAXES FOR
COLLECTION IN 2001 (#AB00-242): First reading of this ordinance was heard at the Council
meeting on November 1, 2000.
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City Council Reg. Mtg. Minutes
November 8, 2000
Page 4 of 6
There were no comments from the public.
#2775 M/S/C/U (Shepherd/Law) Move to pass Ordinance No. 4727 on second reading, levying
property taxes for collection in 2001.
10C - ORDINANCE (FIRST READING), RELATING TO THE ESTABLISHMENT OF ON-STREET
PAID PARKING ON FIFTH STREET IN THE DOWNTOWN CORE (#AB00-249): Paula Johnston,
Deputy City Clerk, stated that on October 3, 2000, the Downtown Parking Advisory Committee
reviewed the "No Repark" program for on-street parking in the downtown core instituted last August.
The committee members determined that there was a demand for 3-hour pay-stall parking at the
base of Fifth Street just east of Park Avenue. This location was not identified last summer as an area
for on-street paid parking when City Council passed an ordinance authorizing paid on-street parking
in other areas of downtown. The committee is proposing that the City charge $2.00 for 3-hours of
parking. It was clarified that there would be approximately 5 to 7 of these paid parking spaces.
There were no comments from the public.
Mr. McConnell asked if the spaces are filled what would happen to those citizens who have
demonstrated a need for short-term parking. Ms. Johnston summarized that the goal of the City was
to meet demands of citizens, yet still provide free short-term parking for lower demand areas.
Mr. Reed stepped out of the meeting at 6:55 PM.
Mr, Shepherd asked if 7 spaces were enough to meet volunteer demands and thanked Mr. Rollman
for serving on the Parking Advisory Committee. Mr. Rollman answered that a voucher program
would soon be made available to the volunteers in order to cover the costs of parking fees.
#3200 M/S/C (FardOIsen) Move to approve ordinance on first reading relating to the establishment
of on-street paid parking on the 500 block of Fifth Street.
Voted in favor on this Motion: Farr, Esser, Olsen, Law, Rollman, Shepherd, and Arends
Voted opposed to this Motion: McConnell
Motion carried: 7-Yes; l-No
Mr. Reed was absent for this vote; and returned to the meeting at 7:04 P.M.
10D - ORDINANCE NOS. 4728, 4729. 4730, 4731, 4732. 4733, 4734. and 4735 (FIRST
READINGS) REAFFIRMING AND REENACTING PREVIOUS ORDINANCE NOS. 4674, 4675. 4677,
4678. 4679, 4680. 4684 and 4685, IN RESPONSE TO PASSAGE OF INITIATIVE-722. (#AB00-
250): Glenna Malanca, City Attorney, summarized that in November and December of 1999
following the passage of 1-695, the City approved a number of ordinances raising rates and fees
primarily routine in nature and financial requirements. Initiative-722 would render those ordinances
null and void as well as limiting property tax to 2% per year and may require refunds of invalidated
fees, taxes, and rates. The financial impact of the initiative if rates and fees are nullified can be found
in Exhibit A; and the impact of the initiative if the City re-adopts the tax and fee ordinances can be
found in Exhibit B.
Cities and towns are now authorized to increase taxes, rates, and fees due to the recent Supreme
Court decision upholding the March 2000 decision by the King County Superior Court that 1-695 is
unconstitutional. The rate and fee ordinances must be approved, published, and become effective
prior to the effective date of 1-722, which is December 7, 2000.
TAPES #1730 & #1731
City Council Reg. Mtg. Minutes
November 8, 2000
Page 5 of 6
There were no comments from the public.
John Law stepped out of the meeting at 7:08 PM and returned at 7:10 P.M.
There were no comments from the public on Ordinance No. 4728.
#3645 M/S/C/U (Shepherd/Olsen) Move to approve Ordinance No. 4728 on first reading, reaffirming
and reenacting Ordinance No. 4674 establishing greens fees for the Gold Mountain Golf Course
Complex and repealing Resolution No's 2657 and 2684.
There were no comments from the public on Ordinance No. 4729.
#3670 M/SIC (Farr/Shepherd) Move to approve Ordinance No. 4729 on first reading reaffirming and
reenacting Ordinance No, 4675 amending assessments, rates, fees and charges for municipal water,
wastewater and stormwater services and amending Chapter 15.08 of the Bremerton Municipal Code
and Ordinance No. 4642.
Voted in favor of this Motion: Olsen, Law, Rollman, Shepherd, Farr, Esser, Reed, and Arends
Voted opposed to this Motion: McConnell
Motion carried: 8-Yes; 1-No
Mrs. Malanca reiterated that if any part of these ordinances were found offensive, the issue may be
dealt with accordingly at a later date, but the year 2000 budget must be addressed now.
There were no comments from the public on Ordinance No. 4730.
#3700 M/SIC (Shepherd/Farr) Move to approve Ordinance No. 4730 on first reading reaffirming and
reenacting Ordinance No. 4677 establishing rates and fees for all municipal licenses, permits,
assessments, charges, user fees, parking fines and creating a new Chapter 3.01 Rates and Fees of
the Bremerton Municipal Code and repealing Ordinance No's 4651 and 4665 and Resolution No's
1924, 2239, 2242, 2247, 2248, 2250, 2368, 2384, 2425, 2484,2487, 2501, 2506, 2551, 2591, 2653,
2659, 2683 and amending Resolution No's 2367 and 2679, and amending Chapter1.12, 2.62, 5.02,
5.03, 5.88, 10.08, and 10.11 of the Bremerton Municipal Code.
Voted in favor of this Motion: Rollman, Shepherd, Farr, Esser, and Arends
Voted in opposition to this Motion: Olsen, McConnell, Law, and Reed
Motion carried: 5-Yes; 4-No
There were no comments from the public on Ordinance No. 4731.
#-4000 M/SIC (Farr/Olson) Move to approve Ordinance No. 4731 on first reading reaffirming and
reenacting Ordinance No. 4678 establishing cost recovery of subsidized costs from non-city residents
utilizing specified city services and amending Chapter 3.01 of the Bremerton Municipal Code.
Voted in favor of this Motion: Rollman, Shepherd, Farr, Esser, and Arends
Voted in opposition to this Motion: McConnell, Law, Reed, and Olsen
Motion carried: 5-Yes; 4-No
Mr. McConnell asked if an automatic increase is included or is there a fiat increase. Ms. Johnston
answered that the increase was a fiat 6% rate.
TAPES #1730 & #1731
City Council Reg. Mtg. Minutes
November 8, 2000
Page 6 of 6
There were no comments from the public on Ordinance No. 4732.
#-4020 MISICIU (Shepherd/Rollman) Move to approve Ordinance No. 4732 on first reading reaffirming
and reenacting Ordinance No. 4679 imposing a commercial parking tax; and adding a new chapter to
Title 3 of the Bremerton Municipal Code.
Voted in favor of this Motion: Rollman, Shepherd, Farr, Esser, Reed, and Arends
Voted in opposition to this Motion: Law, Olsen, and McConnell
Motion carried: 6-Yes; 3-No
There were no comments from the public on Ordinance No. 4733.
#4075 M/S/C/U (Farr/Olsen) Move to approve Ordinance No. 4733 on first reading reaffirming and
reenacting Ordinance No. 4680 amending maximum penalties for misdemeanors and civil infractions
and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72, 5.48, 5.54, 5.84, 6.04,"6.28, 7.05, 9.06, 9.08,
9.14, 9.18, 9.29, 9.37, 9.39, 10.14, 10.12, 10.16, 11.08, 13.04, 17.56, 21.02 of the Bremerton
Municipal Code.
There were no comments from the public on Ordinance No. 4734.
#4150 M/S/C/U (Shepherd/McConnell) Move to approve Ordinance No. 4734 on first reading
reaffirming and reenacting Ordinance No. 4684 establishing a program for elimination of improper
stormwater inflow to the wastewater system and amending Chapter 15.01 General Provision, 15.04
Stormwater; 15.06 Assessments, Rates, Fees, and Charges and 11.02 Right of Way Use.
There were no comments from the public on Ordinance No. 4735.
#4185 M/S/C/U (Farr/Law) Move to approve Ordinance No. 4735 on first reading reaffirming and
reenacting Ordinance No. 4685 establishing rates for inappropriate stormwater inflow to the
wastewater system by amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance No.
4675.
With no further business, meeting concluded at 7:32 P.M. Council then reconvened in the Council
Conference Room for Study Sessions to discuss "Gold Mountain Clubhouse" and the 2001-2002
Budget which shall include presentations on "Overview and Revenue", 'Miscellaneous Expenditures",
and "Intergovernmental".
CAROL ARENDS, City Council President
City of Bremerton
CA/P JIIslcge
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