HomeMy WebLinkAbout02/15/95 COUNCIL
APPROVED
HAR,. 8 1995
CITY COUNCIL MEETING MINUTES
FEBRUARY 15, 1995
#0054
#0067
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, February 15, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were A1 Colvin, Morrie Dawkins, Carlos Montgomery,
John Law, Richard Neville, David Farr and Lon Overson. Councilman
Bob Winters was absent. Also present were City Attorney Ian
Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Reverend Scott Shaw
of the Bremerton Church of the Nazarene.
CONSENT AGENDA
A. Minutes of Meeting - February 1, 1995
#AB95-023
M/S/C/U(Neville/Montgomery)
presented.
to approve the Consent Agenda as
CLAIMS/CHECK REGISTER8
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/Dawkins) on February 15, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 182179 through 182181, and 182183 through 182312 in the
amount of $387,555.41.
President Huff-Menees made the following announcements:
(1) Council will hold a Study Session immediately following the
City Council meeting, in the Council Conference Room.
Topic to be discussed is: "Communication Plan" by CaryBozeman, and
the public is welcome to attend;
(2) Council will reschedule the Joint Study Session with the
Planning Commission that was cancelled due to the snow. Please
watch for the new date to be announced soon in the newspaper.
COUNCIL MEMBER REPORTS
Mr. Colvin congratulated Elly Overson for establishing a bed &
breakfast business downtown.
Mr. Dawkins stated the snow really came down, causing all kinds of
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problems. He complimented City departments for doing what they
were supposed to, including the Police department handling the
fender-benders and other more serious calls, and to the Street
department, who sanded the streets promptly.
Mr. MontuomerV echoed Mr. Dawkins comments, and stated the Street
department did an excellent job getting the streets cleaned off.
He also thanked Mr. Lawrence Keil for his nice letter and stated
someone would be getting in touch with him regarding his comments
on Forest Ridge Park.
Mr. Law announced the next District #3 (Manette area) monthly
meeting will be Tuesday, February 21, 1995, at 7:00, in the Senior
Center at 13th & Nipsic, and the topic will be "Are You Prepared
for a Catastrophic Emergency?". Guest speakers will be Phyllis
Mann, Assistant Director for Kitsap County Department of Emergency
Management, and Mick McKinley, City of Bremerton Fire Chief. It is
important to find out what you need to know to be prepared in the
event of a major disaster, and what services will be available. He
also asked Ms. McCluskey to comment on the fact that the value of
the City's recyclable waste is going up. Kathy McCluskeV, City
Clerk, commented the value has gone up tremendously. And, from
January 1994 until December 1994, the rates have changed as
follows: City was getting $25/ton for newspapers in January, and
by the end of December that amount had gone up to $120/ton; mixed
paper was at $25/ton and we are now getting $220; aluminum cans
from $730 to $1,.420; HDPE plastics from $80 to $440/ton; PETE
plastics from $20 to $100/ton; and glass has dropped in value
slightly. What this means to the citizens of Bremerton is that in
our 3rd year of the curbside recycling program, the price is the
same and won't change, and the amounts that citizens are recycling
is going up so the City is getting more people involved. Also, the
cent-and-a-half that the City was able to reduce on the tax is in
part attributable to the increase in value of the recyclables.
This is all very positive news to the citizens of Bremerton, and
the City hopes to see this trend continue.
Mr. Farr thanked all the citizens who showed up at the joint
District 6, 7, & 8 meeting on February 2. He felt it was a good
meeting and noticed there was a little controversy involving Forest
Ridge Park, which he feels re-emphasizes the need for park issues
to be "community-wide" versus "neighborhood-wide". He stressed to
those in the community to get their desires known to those making
the decisions regarding the parks, since they belong to the
community. Lastly, he congratulated the owners of the new
restaurant "Annie's Country Buffet", on their excellent
establishment, and hopes they are a long-term Bremerton fixture.
Mr. Neville announced on Thursday, February 16, 1995, there will be
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a comedy night benefit at the Cloverleaf Restaurant to benefit the
Pendergast Regional Complex. Rod Long and Tad Hogan are scheduled
to appear at that event. Contact the Parks Department for ticket
information.
Mr. Overson thanked everyone for their positive comments expressed
after the article appeared in the paper on his home. The Sun is
planning future articles on other homes of interest in the City,
with hopes of developing a "tour of homes" for the City of
Bremerton. If any citizen has information on a home they feel
would be of interest to the public, please get the information to
The Sun. He also invited the public to come and take a look at his
home in person, as the pictures in the paper were great, but didn't
quite do it justice. He thanked the Police Department for all
their great work. He complimented the Evergreen Parks Development
Program, and the way information has been gathered from citizens to
help in the process of finding out what the citizens want, and
feels this will bring good results. He thanked Randy Witt, City
Engineer and Dan Eisess, Senior Engineer, for their taking time out
of their personal schedules to go out with some citizens to look at
corners or intersections that the citizens felt needed Stop signs.
After all the facts were gathered, nothing will probably need to be
changed, but it was a very educational experience.
MAYOR,S REPORT
Mayor Lynn Horton extended her appreciation to the Street crew for
the wonderful job done during the snow. Several people with the
City have had mishaps due to snow related accidents, and she wanted
them to know that our thoughts were with them. Also, she read a
notice in the newspaper that warned customers of Falcon Cable that
they may experience loss of reception on some channels due to solar
interference. There is nothing the Cable company can do about this
phenomenon, and it can occur anytime between February 27 and March
7, with each occurrence lasting for about 9 minutes. There was a
good meeting on White's Blueberry Farm Park last week, where all
kinds of ideas and suggestions were offered by citizens, who came
to the meeting to offer their views on the planning process. There
will be follow up meetings the end of the month, and she encouraged
anyone, who would like to offer their input, to please come.
PUBLIC RECOGNITION
Chief Paul Du Fresne shared a letter from the Washington Special
Olympics and the Torch Run Executive Committee thanking the
Bremerton Police Department for their outstanding efforts in the
1994 campaign, which helped make that campaign a record setting
year with over $103,000 raised to further the mission of Special
Olympics. A plaque was presented, along with a 1995 T-Shirt,
listing the Bremerton Police Department in the "Circle of Honor".
In addition, three members of the Department were inducted into the
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Circle of Honor: Officer Randy Olsen, Sgt. Larry Hill, and Sgt.
Terry Welling. This is the second consecutive year the Bremerton
Police Department has been recognized for their efforts in this
organization. He stated he was very proud of the efforts of all
the officers involved, and wanted to share that with the Council.
President Huff-Meness offered the Council's congratulations to the
Police Department for their participation and acknowledgement.
David Willjams, Citizens Involvement Committee for the Wastewater
Treatment Plant Odor Control Project, stated that the public
information meeting scheduled for Tuesday, February 21, 1995, has
been postponed until Monday, March 13, 1995 at 5:30 P.M. at the
Public Works Facility located at 100 Oyster Bay Avenue. The
meeting was postponed because under the Environmental Protection
Act, there is a SEPA check-list of required information that must
be presented at a public information meeting for a project of this
type, and that information will not be ready until after the first
of March.
GordV Byrd stated he appreciated finding out from. the Mayor's
office that the Network Information Meeting scheduled Tuesday night
was canceled due to the snow before he ventured out in the weather
to find there was no meeting. He also wanted to remind everyone
that there are people in need, and he offers his services to anyone
who needs his help.
7A - CABLE RATE APPROVAL FOR TCI CABLEVISION, #AB95-024
The City became certified by the FCC to regulate basic service tier
cable rates and associated equipment and installation charges as of
February 1, 1994. TCI submitted Form 1210 - Updating Maximum
Permitted Rates for Regulated Cable Services to justify a rate
increase for the basic service tier. FCC Rules allow operators to
increase regulated rates quarterly for certain cost increases
associated with programming, copyright, and retransmission fees, or
franchise fees or taxes. TCI provided sufficient documentation
that verified financial and channel data. Upon review by staff, it
was determined that TCI's Form 1210 was prepared accurately using
assumptions and methodologies consistent with FCC Rules.
Paula Johnston, License Inspector, stated TCI has applied for a
rate increase for the basic tier service. Their rates for basic
tier were certified and approved last December, and in effect since
July 14, 1994. According to FCC rules and guidelines, cable
operators are allowed to come before franchise authorities
quarterly if they experience net programming cost increases, or tax-
or franchise fee increases. TCI is coming before Council to
request this rate increase based upon net programming cost
increases that they experienced between April 1, 1994 through
September 30, 1994. One of those external costs was due to a
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change of channel formatting June 1, 1994 on the basic tier when
TCI dropped the Weather Channel and replaced it with the FOX
affiliated FX station. There was also a slight increase in the
copyright fee, and they are allowed, and did take, a 7.5% mark-up
that FCC allows cable operators to plug into increases. She
reminded Council that as a franchise authority, they have taken on
the responsibility to approve basic tier rates. This regulation is
a little bit different in that it is a review of FCC rules. Staff
has gone over the rate increase request and believes FCC rules and
guidelines have been followed. Even though Council may not agree
with the justification behind the rate increase, the cable company
calls the shots here, and the City just ascertain whether the rules
have been followed.
Public comment - none.
Mr. Neville, stated TCI has taken off the Weather Channel and
replaced it with FX, even though viewers are requesting the Weather
Channel be put back on. He understands that FX was put on due to
a contract with the FOX Broadcasting Network, and also in
compliance with FCC regulations it states that TCI is allowed a
rate increase of 7.5% every quarter. Trina Jaman, TCI Office
Manager, stated it's a 7.5% mark-up on any programming cost
increases, not a 7.5% overall increase every quarter. FX is a
higher priced channel than the Weather Channel, and that is one
reason for the increase, the other portion is for a small copyright
fee. Mr. Nevilleasked if there were any plans in the future for
switching other channels around, and if so, would TCI have the
courtesy of asking the subscribers what they would like rather than
just putting on the channels they see fit? Ms. Jaman stated TCI
already hew one channel had to be dropped to make room for FX, and
a survey was conducted by an independent telemarketing firm to
ascertain which channel that would be. As to what channels will be
added in the future, there are several channels that viewers do
want, but TCI is out of space. Until the system is rebuilt to
increase the channel capacity, to add one another channel has to be
dropped. Even though this survey was done, the decision to drop
the Weather Channel still has upset some people.
Mr. Neville pointed out that "FX" is on channel 20, and he has
experienced reception problems on channel 19 and 20, since this new
station has been added. Ms. Jaman stated this area is bombarded
by pager service interference, which is worse during the day, but
there is not a whole lot the company can do to fix that at this
point. When they have more channel capacity, she anticipates they
will not have any programming on channels 19 and 20.
Mr. Montgomery asked if TCI had a contractual agreement with Fox to
put the FX Channel on? Ms. Jaman stated yes. Mr. Montgomery
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noted reference was made to a survey taken... he questioned the
number of people surveyed out of the total population of
subscribers? Ms. Jaman explained a professional telemarketing
firm was used and they were given the numbers of subscribers and
asked to set the number of people they felt would be statistically
significant. She believed the number of people called was
approximately 300. Mr. Mont~omez7 asked what percentage of total
subscribers did that number represent? Ms. Jaman stated they have
approximately 19,000 subscribers. Mr. Mont~omer][ asked if the
telemarketing firm also indicate that by going to the new FX it
would cost the subscriber more money? Ms. Jaman stated that was
not part of their survey. Mr. MontgomezTasked how the contractual
agreement with FOX come about? Ms. Jarman explained it came about
indirectly due to the FCC regulation with the Cable Act of 1992. It
gave local programmers an option - they either elect to force them
to carry them, and that is the case with some of the channels that
were less popular, or the broadcasters, if they felt they had
programming that was strong enough, could negotiate involving some
kind of compensation. The agreement reached between TCI, as a
corporation, and FOX, as a corporation, was that instead of direct
monetary compensation for the carriage of Channel 13, TCI would
carry the FX Channel. It is possible that some of the rate
increase would have gone through any way due to programming costs
that they would be paying FOX to carry Channel 13 instead of paying
for FX. Mr. Montgomery stated he has not personally watched the FX
channel, however, he has received a number of calls indicating few
people within his neighborhood are interested in it. Ms. Jarman
stated FX has its own following and targets a specific demographic
group - people between the ages of 18-35. Mr. Montgomery asked how
many people want to watch the Weather Channel? Ms. Jarman stated
that was impossible to quantify. The Weather Channel has a wide
appeal, but it comes down to the fact that people may watch it for
2-3 minutes per day and other channels may be watched for longer
periods. She realizes the Weather Channel is missed and she hoped
it could be returned once they have more channel capacity.
Mr. Law stated he was disappointed that the Bremerton TCI Manager
was not present during this discussion or for the Council Fiscal
and Budget Committee meeting. He talked with someone who did get
surveyed and they were not informed of an increase in cost if they
went for another channel. He questions the validity of that
survey. He emphasized the City Council has no choice in approving
this proposal and it becomes an automatic increase and it will be
up to the City to prove that they should not have the increase. He
felt in this particular case the citizens of Bremerton are being
governed without representation. He felt TCI had not communicated
well with the public when they made these changes and increased the
costs. If they increase the cost for FX and then receive 7.5% over
what the cost is, it behooves them to make every channel more
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expensive so they can increase it by 7.5% over their cost. Ms.
Jaman stated in response to Mr. Clark not being present, he is at
another meeting speaking on the same topic with another franchise
authority. He did attempt to attend one Council Committee meeting,
however, it was cancelled due to the fact only one committee member
was present. The intent of the survey was not to give the
subscribers a choice as to whether or not they wanted the Weather
Channel or FX, it was already determined that FX would be added.
The purpose of the survey was to determine "what channel do we
discontinue from our service", not would you want channel "A" over
channel "B". Mr. Law stated the person he talked with may have
misinterpreted the survey question.
Mr..Mont~omer7 stated Ms. Jarman stated the subscribers will have
the FX Channel no matter what even though they signed up for a
basic service, which they selected. However, now TCI is
arbitrarily changing that service without any consideration of what
the people want. Ms. Jarman stated they do have consideration for
their customers and the contract is prices, packages and channel
carriages, which are subject to change with 30 day notification and
they do comply with all of those 30 day notifications. ME.
MontgomezTemphasized the subscribers have no choice - they either
accept it or discontinue it. Ms. Jarman stated or go to other
entertainment choices. Mr. Montgomer~ pointed out there is only
one cable franchise in the City - TCI. Ms. Jarman pointed out
there are two franchises... TCI and Falcon. Mr. Montgomer~ stated
Falcon cannot go all over the City. Ms. Jarman stated Falcon has
the right to go all over the City, it is not an exclusive
franchise. Mr. Montgomery stated if he wished to discontinue TCI
cable he would have to move to an area served by Falcon.
President Huff-Menees emphasized the only avenue that Council has
is to approve the increase unless they can prove that the rules
were not followed in some manner with respect to how the increase
is applied; and that has not been found. What we know we can count
on is that if there are future programming changes then on a
quarterly basis we might also expect future fee increases because
the FCC has made that allowance. Ms. Jaman stated that is
correct, or it would be decreased if the program was less
expensive.
M/S/C(Colvin/Neville) to adopt the Findings and Order approving
TCI's Basic Service Tier Rate of $10.09, and ordering TCI to
provide sufficient notice to subscribers and the City before a
basic rate increase is implemented.
Vote on Motion:
In Favor:
Overson, Neville, Farr, Huff-Menees,
Dawkins, Colvin
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Opposed:
Law, Montgomery
Motion carried.
7B - PENDERGAST REGIONAL SPORTS COMPLEX - PHASE I~ KASSEL
CONSTRUCTION, INC., CHANGE ORDER #4, #AB95-025
This change order is to include the "Entrance Road and Partial
Parking Lot, Alternate 4", for the additive cost of $132,000. This
Alternate 4, at the time of contract award, was not awarded to the
General Contractor, Kassel Construction, Inc., as the definitive
location of the main entrance road had not been determined. This
issue has been resolved and the location and associated easement
has been granted. This additive cost includes all necessary
clearing, rough and fine grading, placement of sub-base crushed
rock material, placement of Class B asphalt for both the on-site
access road and partial vehicle parking lot area, parking lot
stripping, and signage and concrete placement of curbs. In
addition to the change order, the contractor, Kassel Construction,
Inc., has requested an overall project time extension of an
additional twenty-eight (28) calendar days. The new completion
date is February 19, 1995.
The project "Sources and Uses of Funds" has initially budgeted this
expenditure as well as supports this expenditure.
Dan Miller, Project Manager, stated as explained Alternative #4 was
held back from the general contractor at the time of bid due to the
definitive location was not defined totally for the on-site access
road for Pendergast as well as the parking area. Since there is
now a definitive location and a realignment has been changed on the
attached sketch, they are prepared with the contractor's cost
estimate for implementing Change Order #4. This change order was
originally quoted by the contractor at $139,449, and was negotiated
to $132,000, plus sales tax of 8.1%, for a total of $142,692.00,
which is under the actual budget number of $143,022. This change
was anticipated from the onset of award of this contract.
Public comment - none.
Mr. Dawkins asked for clarification as to the location of the
roadway in relation to the National Guard Armory. Mr. Miller
stated that will be the off-site access road coming off Union
Avenue just south of what they know as Lynden Road, which is
presently a dirt road. Lynden Road is a permanent access road to
the Armory as well as a permanent power easement for Pendergast
Park. Mr. Dawkins asked if the parking lot project is a separate
item? Mr. Miller stated yes, which is also budgeted for in the
"Sources-Uses Fund". The cost estimate for the parking lot is
$350,000. What they are addressing at this time is the on-site
access road that will tie into the off-site access road. Mr.
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Dawkins questioned the construction time for this proposal? Mr.
Miller stated depending on the weather, they are ready to move
ahead at this time on the on-site access road. Later, he will come
to Council with the off-site access road proposal. Mr. Dawkins
questioned the opening date of the Sports Complex? Mr. Miller
stated Memorial Day weekend.
Mr. Farr questioned the request for an extension of 28 additional
days and asked if there would be any impact on the completion date
by granting the extension? Mr. Miller stated no, the original
completion date was January 21 and with the negotiation of this
change order the contractor requested 28 additional calendar days.
Some of the calendar days are associated with other impacts that
hit.the project on October 26th and went on through November and
December. The remaining calendar days the contractor has been
granted for time extension is to pick up the on-site access road
work.
Mr. Neville thanked Mr. Miller for his hard negotiating in keeping
this project on budget and on time. Mr. Miller thanked Mr. Neville
for his comments and added much effort has been givenby the whole
Engineering Department on this project.
Mr. Overson noted his appreciation on coming under budget on this
project. Also, during the discussion at the Council Operations
Committee they asked why the little "entry neck" was left in the
plan and the response was in preparatory to an RV park.
Mr. Colvin expressed his appreciation of Mr. Miller's response to
Council's concerns on this project.
M/S/C/U(Dawkins/Montgomery) to authorize and direct the Mayor to
approve Change Order #4, and make payment to Kassel Construction,
Inc. in the amount of $132,000, subject to City Administrative
Policies and Procedures.
7C - PENDERGAST REGIONAL SPORTS COMPLEX - PHASE I; KASSEL
CONSTRUCTION, INC., CHANGE ORDER #5, #AB95-026
This Change Order #5 is a three part change order for the overall
additive cost of $14,718.50.
Part I - The Bremerton Parks Department recommends the inclusion of
three (3) each irrigation controllers that better suit their future
irrigation central control system. The recommended irrigation
controllers are in lieu of the three (3) contract specified
controllers. As a result, the contractor, Kassel Construction,
Inc. offers the credit amount of $3,433.08 for the deleted
specified controllers.
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Part II - Inclusion of a hot water mixing valve that shall serve
both the men's and women's restroom wash basins. The mixing valve
is recommended as a safety precautionary measure that will
safeguard the City and public from having scalding hot water
directly piped to the restroom was basins. The mixing valve will
mix the hot and cold water services to a tempered water condition
at the wash basins, therefore eliminating a potential injuryhazard
to the public as a result of scalding hot water. The additive cost
to include this mixing valve and associated installation is
$651.58.
Part III- This additive cost to the contract is resolution of a
claim submitted by the contractor, Kassel Construction, Inc. to
rebuild and restore a collapsed earth cut bank located on ball
field No. 3 adjacent to the third base line. The collapse and bank
slide occurred in the night-time hours between December 19 and 20,
1994. In the wake of the collapsed bank, the earth slid, with such
obvious force, to damage the newly installed underground utilities,
including the storm sewer laterals, irrigation water supply pipe
system, future electrical lighting conduit system, and 20-foot span
of the 4-foot high fence line. These underground utilities and
fence line were restored along with the rebuilding of the collapsed
bank with suitable import fill material. In addition to this
restoration and rebuilding of the slide area, an enhanced drainage
system was installed to further stabilize the bank from a
recurrence of this problem. The originally submitted cost of this
claim was $21,648.'39, and through negotiations with the Contractor,
the cost of this claim was reduced to the amount of $17,500 as
final settlement.
Dan Miller, Project Manager, stated the future irrigation central
control system was implemented two months after the award of
contract to Kassel Construction. The center of the irrigation
control system that was specified in the contract was a Rainbird
Controller, however, the future irrigation central control system
was being centralized with a Griswald type controller that is
uniformly used throughout the City's park system. As requested,
Kassel Construction returned the previously purchased controllers
and received a refund that then turned into a credit for the City.
In turn, Mr. Miller took the $3,433.00 and purchased the Griswald
parts. The Griswald controllers were a little more costly than the
Rainbird, but in looking at the future irrigation control system it
will best suit their system and be most cost effective in the long
term.
Under Part II, the hotwater mixing valve will serves both the men's
(4 washbasins) and women's (4-washbasins) restrooms at Pendergast
Park. This valve was recommended for a safety precaution measure
that will safeguard the City and the public. This will take the
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120 degree hot water from the domestic water heater and temper it
down to 105 degrees.
Under Part III, Mr. Miller noted it was difficult to mount an
argument with the contractor since he used Mr. Miller's
specifications that resulted in a catastrophic problem at the park,
which was brought about due to excess rain that fell on December
19. The problem occurred in a machine cut earth bank and having
something like this was not expected. In restoring the subject
site back to its original condition, he instructed the contractor
to enhance drainage to avoid future problems. The contractor is
accepting the liabilities for the re-established earth cut bank.
This item was submitted to him at $21,648.39, they were able to
negotiate down to $17,500 as a final settlement. He emphasized
there is sufficient funding in "Sources-Uses Of Funds" to cover the
cost of the work.
Public comment - none.
Mr. Law complimented Mr. Miller on his professionalism in handling
the various projects. He asked Mr. Miller if he felt there would
be any unplanned earth movement due to the recent rainy weather?
Mr. Miller stated everything should be stable within the project
area and he has not seen anything unusual for the amount of rain
that has fallen. There has been some erosion and the contractor
has taken erosion precautions and is aware of things that must be
restored at no additional cost to the City.
Mr. Farr commended Mr. Miller on his handling of this project. He
questioned considering the problem experienced with a slide in a
cut bank, has there been an evaluation of other cut-bank areas?
Mr. Miller stated there has been only slight erosion to other cut-
bank areas and nothing excessive like the subject site. The
deepest erosion he has observed has been about eight inches and
that material can be featured back in. They had no forewarning
that the subject slide area was a problem. Mr. Farr noted in a
letter from Kassel Construction that presented their justification
for these charges it references Washington State Department Of
Transportation Standard Specifications (1994 Edition). He
questioned how do those standards apply to a ball field? Mr.
Miller explained the Washington State Standards are also the
American Public Works Standards, and since this is a public works
job, the City does abide by those standards.
M/S/C/U(Overson/Montgomery) to authorize and direct the Mayor to
approve Change Order #5, and make payment to Kassel Construction,
Inc. in the amount of $14,718.50, subject to City Administrative
Policies and Procedures.
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7D - APPOINTMENTTO THE PLANNING COMMISSION - BILL ROBINSON,
Q27
There is a vacancy on the Planning Commission, and it is
recommended that the vacancy be filled by Bill Robinson.
Mayor Hotton pointed out Mr. Robinson has served on the City's
Audit Committee for several years and has been employed in the
public sector and private sector. Mr. Robinson has a good idea
and understanding of the City of Bremerton, both governmental and
through the community. She urged Council to confirmMr. Robinson's
appointment to the Planning Commission.
Public comment - none.
Mr. Overson stated he worked with Mr. Robinson at Puget Sound Naval
Shipyard when Mr. Robinson served in the Supply Center. Mr.
Robinson attended the University of Wyoming and worked for the
corporation that developed Pringle Potato Chips. In his opinion,
Mr. Robinson will be an excellent addition to this committee.
Mr. Neville asked the City Attorney if there would be any conflict
of interest with Mr. Robinson serving on the City's Audit Committee
at the same time he serves on the Planning Commission? Ian
Sievers,City Attorney, stated there is no Charter provision about
serving on more than one board or commission and there is no
inherent conflict of duties between the two positions.
Mr. Law stated after serving with Mr. Robinson on the Audit
Committee, he looks forward to having him on the Planning
Commission because of his being an outstanding individual that
demonstrates good common sense, which is good to have but not
always easy to find.
President Huff-Menees thanked Mr. Robinson for his willingness to
serve.
M/S/C/U(Law/Farr) to confirm the appointment of Bill Robinson to
the Planning Commission.
8A - ORDINANCE (FIRST READING) RELATING TO CELLULAR TELEPHONE
UTILITY TAX AND AMENDING BMC 5.02, #AB95-028
During 1992, the State Legislature directed the Department of
Revenue to study tax treatment of the cellular telephone industry.
Consensus was reached between the industry, the State, and several
major cities that there needed to be uniformity of taxation policy
statewide. The AWC drafted a model ordinance for all cities to
consider in order to achieve uniformity. The major elements we
need to incorporate into our telephone utility tax code are:
1) definition of cellular telephone service; 2) bad debt deduction;
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and 3) allocation of income between jurisdictions.
Paula Johnston, Tax and License Inspector, stated currently the
City does tax cellular telephone companies at 6%, the same as
regular telephone service. The reason behind the proposed changes
has to do with a vastly changing and quickly growing industry that
found itself becoming very burdensome to do business in every city
in Washington when they were faced with totally different
regulations. The State Legislature, in lieu of legislating
uniformity, gave cities and the industry a two year time frame to
come up with some uniformity that everyone could live with. The
Association Of Washington Cities (AWC) submitted a model ordinance
to the City in November, 1994, and urged the City to consider all
elements and to incorporate the uniform elements into the City's
tax code. The amendments to the City's tax code are the essential
elements that are missing from our code and ones that should help
the cause of keeping this out of the State Legislature, but not be
burdensome to the City to incorporate. The one change that will
cost a little money is allowing a bad debt deduction. Currently,
the City does not allow bad debt deductions for utility businesses
that are taxed at the utility rates. This deduction will cost the
City approximately $1,000 in lost tax revenue per year, if
approved. While reviewing the Utility Tax Code, Ms. Johnston did
find that the City was allowing the telephone companies, as a
whole, another type of deduction that she is recommending to be
deleted, which is a fee allowed to deduct the tax that the
companies pay the City. The City does not allow the other
utilities, such as gas and power, this deduction. That change will
increase the City's tax revenue from telephones approximately
$35,000 per year.
Public comment - none.
Mr. Colvin asked the City Attorney if there was any basis for
allowing the telephone company the deduction in the first place?
Ms. Johnston pointed out it was in an old section of the code that
has been in place many years and it was never a statutory basis to
have it implemented. Mr. Colvin asked if there would be any legal
implications if a change is made at this time? Ian Sievers, City
Attorney, stated it makes sense for the City to apply the City's
B&O tax uniformly among different classifications. That deduction,
if it makes sense, should be applied to other utilities as well and
since that deduction is not allowed for other classifications,
the telephone company should not be allowed to use it as a
deduction. Mr. Colvin asked if the telephone company had been
apprised of the City's intent to make a change? Ms. Johnston
stated not directly, but through the Agenda publication.
Mr. Overson complimented Ms. Johnston on her thorough reading of
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the ordinance and recommended changes.
M/S/C/U(Overson/Colvin) to pass ordinance on first reading relating
to utility taxation of cellular telephone service and amending BMC
5.02.
8B - ORDINK~CE (FIRST READING) CREATING ANEW FUNDTO BE CALLED THE
GIFT I~D DONATION FUND, #AB95-029
During the course of presenting the Preliminary 1995 Budget, the
Mayor and staff raised with the Council the issue of budgeting and
accounting for donations to the City. At that time, the Council
expressed their preference for dealing with these transactions in
a separate fund. This ordinance will create a new fund to be used
in budgeting and accounting for al monies donated to the City.
Rich Hanna, City Treasurer, stated as mentioned this issue did
arise from the presentation of the Mayor's preliminary budget to
Council late in 1994. One of the objectives of this proposal is to
provide a mechanism where monies donated to the City by citizens or
corporations can be held apart in an accounting sense from the
funds used for the on going operations and maintenance of different
funds of the City. Such action would allow a greater degree of
confidence on the part of the persons donating those. monies that
they are in fact being used for what often times' are fairly
specific intentions. And, to provide a more convenient mechanism
whereby unexpended funds within the same fiscal year can be carried
over to ensuing years with a higher degree of certainty they will
not be expended for routine operation and maintenance purposes. It
is intended to use the proposed fund to provide accounting for
donations that might be made to any and all departments of the
City. The Parks Department was instrumental in initiating this
proposal after they had a number of citizens express their desire
to donate fund, but were somewhat hesitant due to a lack of
certainty about how the funds might be accounted for.
Section #4 of the ordinance duplicates a number of specific
criteria that exists in current code relating to the present Rescue
#1 Fund. The proposed ordinance would eliminate that Fire
Department specific fund and incorporate it into this more generic
donations funds that accommodates the needs of all the departments
within the City.
Public comment - none.
Mr. Colvin asked if each Department would have a separate account
number within the fund? Mr. Hanna stated Mr. Colvin was correct in
that a single fund would be set up for all donations, but within
that single fund will provide a discrete accounting. Mr. Colvin
asked if there are any provisions for growth...interest generated
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by these fund and would that be expendable within that specific
department? Mr. Hanna stated yes, language within the ordinance
conveys the earnings on the collected balance of the fund would be
distributed proportionately among all the various funds held.
Mr. Law asked if there will be any difference as to who signs the
check for disbursement of these funds? Mr. Hanna stated yes, the
intent of the proposed change is to not become overly burdensome
with who has signature authority over the different components.
Mr. Law stated for clarification then the Parks Department will
sign off disbursements for their donated funds rather than Mr.
Hanna. Mr. Hanna stated he believes that is the intention. He has
no intention to take great liberties with donated funds to benefit
the.Parks Department. As to processing payment for things, he does
not anticipate that process to be any more complicated than it is
now. Mr. Law asked if Mr. Hanna had talked with any other
departments besides the Fire Department? Mr. Hanna stated yes.
Mr. Overson reminded Council that recent budgetary action was taken
to use funds out of the Rescue #1 fund to procure special life
saving devices for the Fire Department. These funds are a real
asset to the City, are correctly spent and this proposal helps to
formalize some of the processes used in expending the funds. He
encouraged citizens to make donations and to feel confident that
such funds will be properly and correctly expended.
M/S/C/U(Farr/Montgomery) to approve ordinance on first reading
creating an expendable trust fund to be called the Gift and
Donation Fund and designating the purpose and uses thereof and
repealing Ordinance 4191.
9A - 75% PETITION FOR THE ANNEXATION OF THE SCIEPKO/LUNDE AREA;
75.56 ACRES~ AND ORDINANCE (FIRST READING) ANNEXING AREA KNOWN AS
SCIEPKO/LUNDE AREA AND FIXING EFFECTIVE DATE OF ANNEXATION, #AB95-
030
The City of Bremerton first accepted this annexation proposal
February 8, 1995 in their regular meeting. The petitioners have
now submitted a legally sufficient petition according to the City
Council's instructions.
According to RCW 35.13.125 the City Council must:
Hear public testimony for and against the proposal of
annexation of the site; and
The City Council must then decide this issue by either
approving on the first reading and passing it on the second
reading, or by rejecting the ordinance for annexation.
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President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Terrie O'Neill, Municipal Services Coordinator, stated this is the
75% stage of the petition method of annexation, which requires
signatures from property owners in the area to approve the process
of annexation. In this particular annexation, 100% of the
annexation area is consenting and asking for annexation into the
City of Bremerton. The site consists of ten tax lots, 75.56 acres,
and is adjacent to the Anderson Creek Watershed property.
If the annexation is accepted and an ordinance passed and approved,
it would take affect upon the affirmative conclusion of the
Boundary Review Board's action on the application, which has
already been submitted.
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Currently, there are two homes with a population of 3 persons
within the subject area. The intent of the property owners is to
develop the area into an industrial or business development.
The area lies within recently adopted urban growth boundaries for
the City of Bremerton by Kitsap County and is located on a major
highway with utility and other services immediately available.
There are some services the City of Bremerton is not ready to offer
immediately and discussion has been held with other jurisdictions
that are willing to cooperate with the City to provide services to
that area.
Public comment - none.
Mr. Colvin questioned the number of voters within the proposed
annexation area? Mrs. O'Neill explained the 75% in this method of
annexation is based on the assessed valuation of property, so that
means property owners representing 75% of the total have to give
their approval. In this case, 100% approval has been given and
there are actually three voters within the subject area.
Mr. Law questioned for clarification the ownership of properties
within the annexation area. Mrs. O'Neill pointed out none of the
subject parcels are City owned property. Three properties within
the area are not owned by Sciepko/Lunde, however, they do have the
option to purchase those parcels. She emphasized the owners of
those three sites have signed the petition to annex.
Mr. Farr questioned the services the City was not providing? Mrs.
O'Neill explained temporary availability of sewer is an issue for
that area, especially if the City is providing a high zoning, such
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as Industrial or Business Zoning. Although the City does intend to
provide sewer service to that area, it may not be available for a
number of years. The City of Port Orchard has provided a letter of
availability for temporary sewer to the site. Also, there have
been some discussion with Fire District #7 regarding fire services
if the size of the development does not merit the City of Bremerton
bringing out its fire services. Bremerton water services are
currently available to the site.
Mr. Nevtlle pointed out the supporting documentation referenced
"EXHIBITS A, B, C, D, E,", however, none were included.
Mr. Law asked the City Attorney if Council can approve this item
without the availability of Exhibits A, B, C, D, E, if they are
provided at the time of second reading of the ordinance? Ian
Sievers, City Attorney, stated he felt Council could do that with
the ordinance, however, Council can't proceed with the ordinance
until they approve the petition, which is included in Exhibit A.
Mrs. O'Neill stated for clarification that what Mr. Law is
referring to are the original petitions, which are on file in the
City Clerk's office. Mr. Sievers substantiated the fact the
petitions were filed with the City Clerk. Mr. Colvin asked if the
City had met all legal requirements? Mr. Sievers stated he felt
Council could go forward with the requested action as presented.
Mr. Neville stated for the record the previously mentioned Exhibits
were presented to the Fiscal and Budget Committee.
M/S/C/U(Montgomery/Colvin) to a) hold a public hearing to hear
testimony on this issue; and b) approve this 75% Petition and
ordinance on the first reading annexing an area known as
Sciepko/Lunde Area and fixing the effective date of annexation.
9B - RESOLUTION NO. 2496, AND ORDINANCE (FIRST READING) FOR THE
GOLD MOUNTAIN GOLF COURSE COMPREHENSIVE PLAN AMENDMENT AND REZONE,
#AB95-031
The Bremerton Park Department intends to develop a 180 acre, 18
hole addition to the existing 190 acre, 18 hold Gold Mountain Golf
Course. In order to receive land use approval for the project, the
underlying zoning should appropriately be zoned "Parks and
Schools". To facilitate this rezone the site should have a
Comprehensive Plan Map Designation of "Parks and Open Space".
The purpose of this requested PlanAmendment and Rezone is to allow
the property to be developed as a golf course. The Plan amendment
and zoning will further protect and preserve the site for future
park needs.
President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
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Jack Allingham, Current Planning Division, provided a map showing
the location of the Gold Mountain Golf Course, which has been in
existence for quite some time. The City, when it revised its
Zoning Ordinance in 1988, inadvertently designated the Golf Course
as Forest Management because it was adjacent to and surrounded by
Utility owned lands. The City is in the process of developing an
18-hole expansion on the Golf Course and the Forest Management Zone
won't allow that type of development. The Parks and Recreation
Department has requested to change the zoning from Forest
Management to Parks and Schools. The Comprehensive Plan
designation for this site is also Forest Management. The
Comprehensive Plan, in this case, is governed by a Utility Land
Management Plan. In Order to achieve consistency with the rezone
and'the Comprehensive Plan, the Parks Department is also requesting
a Comprehensive Plan Map Amendment to Parks And Open Space. The
attachment to the ordinance and resolution describe the subject
area using Townships, Section and Range legal description. The
Planning Commission recommended approval at a public hearing on
December 20, 1994.
Public comment - none.
Mr. Dawkins asked if this proposal included the existing Gold
Mountain Golf Course? Mr. A11ingham stated yes, it would rezone
the existing golf course as well.
Mr. Law questioned who would receive the income from the trees
logged off the new course? Mr. Sievers stated it is a little
outside the scope of the Comprehensive Plan and zoning change.
Shortly, he will be addressing the economic relationship between
the owner and the user as soon as this action is completed, which
will address where revenues go from timber cutting and lease
payments. Mr. Overson pointed out Council is to stay away from
economic concerns when considering rezones. He noted part of the
Findings Of Fact of the Planning Commission was these properties
were declared surplused to the needs of the Utility, which is an
important element. Also, the Planning Commission recognized that
this is a higher and better use of the real estate involved than
its current use.
M/S/C/U(Overson/Colvin) to approve Resolution No. 2496, amending
the Comprehensive Plan Map of the City of Bremerton in the vicinity
of the Gold Mountain Golf Course.
M/S/C/U(Overson/Montgomery) to pass ordinance on first reading,
amending the official Zoning Map of the City of Bremerton for the
Gold Mountain Golf Course.
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With no further business meeting adjourned at 7:30 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
SH sident
City of Bremerton
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