HomeMy WebLinkAbout07/15/98
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CITY COUCIL MEETING MINUTES
July 15, 1998
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 July 15, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne
Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Reverend Randy Fulton of the Silverdale Baptist Church.
President Farr made the following announcements:
(1) The Council held a Study Session prior to the Council meeting to discuss
general Council business.
(2) The City Council held a Study Session at 5:05 - 5:25 P.M., in the Council
Conference Room. Topic of discussion: "Campaign Signs In City Right-
Of-Way."
(3) The City Council held a Study Session immediately following the Council
meeting in the Council Conference Room. Topic of discussion: "Proposed
Land Lease For RV Facility."
(4) The City Council held a 10-minute Executive Session, immediately
following the above listed Study Session in the Council Conference Room.
Topic of discussion: "Personnel" per Chapter 42.30.110(g).
CONSENT AGENDA
A. Sole Source Purchase of a Sullivan Air Compressor From Pacific
American Commercial Company of Seattle, #AB98-153
#0055 M/S/C/U(McConnell/Montgomery) Motion to approve the 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.
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#0075 M/S/C/U(Montgomery/Arends) On July 15, 1998, the Council does
approve for payment those vouchers included and further described as follows:
221546 through 221554, 221562, 221563 through 221564, and 221588 through
221815 in the amount of $1,520,078.24.
COUNCIL MEMBER REPORTS
Mr. McConnell referenced a newspaper article in the July 12, 1998 edition of
THE SUN regarding City Council members receiving and/or using free Admiral
Theater tickets. That article stated Mr. McConnell was unable to be reached for
his comments. In response to that issue, he did receive some free tickets in his
Council Office mailbox; however, he did not use them nor did he give them to
anyone else to use. He announced Council Districts #1, #2 and #3 will host the
"Fire Department on Parade" at the Perry Avenue Mall on July 18, 1998, 10:30
A.M. to 1:30 P.M. This event was started several years ago by Councilman John
Law of District #3, and this year it is combined with the Perry Avenue Mall's
"Family Fun Day." Activities will include: an archery display put on by the KBH
Archers, fire truck pictures, aid cars and fire trucks, card show, games,
Collectable Car Show, and a Boy Scout sponsored car wash. Refreshments will
include free popcorn that is being donated by the Perry Avenue Mall.
Mr. Law pointed out there would not be a District #3 Tuesday evening
Neighborhood Meeting this month. He looked forward to seeing everyone at the
"Fire Department on Parade" event on Saturday.
Mr. Overson reported there was a gathering of several Neighborhood
Blockwatch groups in the District #4 area, which was supported by Detective
Kent Boekweg.
Mr. Shepherd noted regarding the Admiral Theater tickets, he was also not
available to make comment to THE SUN; however, he had never received any
complimentary tickets from the theater. He has attended several events at the
theater and highly recommends public participation at their various
performances. The next District #5 Neighborhood Meeting is scheduled for July
23, 1998, 6:30 P.M., at the Memorial Lutheran Church. Police Chief Paul Du
Fresne will be speaking on the Blockwatch Program and Shore Patrol issues.
Jim Spencer, Parks and Recreation Director, will be speaking on the expansion
of Evergreen Park and development of Haddon Park. In addition, there will be
discussion on the next Clean Up event, which is scheduled for September 19,
1998.
Mrs. Arends reported Council Districts #6, #7, and #8 held a successful
Neighborhood Meeting on July 9, 1998. There was a good turnout and the guest
speakers Municipal Court Judge James Docter and Kitsap County Prosecutor
Russ Hauge made interesting presentations.
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MAYOR'S REPORT
Mayor Horton announced on July 21, 1998, 8:00 AM - 12:00 Noon the Kitsap
County Fire Chiefs' Association will hold a Residential Sprinkler Workshop in the
City Council Chambers. The informative workshop will provide an overview of
the following: (1) Sprinkler Effectiveness; (2) Correction of Sprinkler Myths; (3)
Summary of the Scottsdale Experience; (4) Cost Issues regarding installation
and Cost reduction options, along with many other key issues. This is a free
educational opportunity for Fire Department personnel and the general public.
President Farr thanked the TV camera crew for their services: Robert Neal,
Josh Doehne, Melody Zapata, and Mike Peebles.
PUBLIC RECOGNITION
Rob Schneidler, President of Kitsap Physician Services and a member of Kitsap
Cares Partnership, noted Kitsap Cares Partnership is made up of a group of
volunteers within the community that have taken on a number of projects, one of
which was supporting fluoridation in drinking water. He acknowledged the
acceptance of the Initiative Petition on fluoridation to be submitted to the voters
on the Primary Election ballot in September. While not taking a position one way
or the other at this time, he encouraged the City Council and Mayor Horton to
direct the City Attorney, in order to avoid any confusion on the part of the voters,
to submit a Ballot title that was presented in the positive so that a simple "yes" or
"no" could be registered by the voters. Glenna Malanca, City Attorney,
acknowledged that she would be writing the Ballot title. She also cautioned that
Council should not take any further public comments relating to fluoridation
because of the qualification of the initiative to be placed on the ballot. In regards
to Mr. Schniedlers' comment, the Ballot title will be submitted in the positive. The
Resolution was a technical requirement that had to be done based on what was
proposed. The Ballot title drafted by her office states the following: "shall the City
of Bremerton continue implementation of fluoridation? President Farr
questioned the timing for naming the Pro and Con Committee members to
prepare Pro and Con Statements for the ballot? Meallynn Erhart, Le~3islative
Assistant announced the City is seeking six volunteers, three on each side of
the issue. Anyone wishing to participate should contact the City Council Office
478-5280. Naming the Pro and Con Committee members will take place on the
July 22, 1998, City Council Meeting Agenda. Mr. Shepherd asked if there were
any qualifications or requirements to serve on that committee. Ms. Malanca
stated there were no legal qualifications, just the ability to give input and work
within that committee structure. In response to someone's comment from the
audience whether or not the committee members had to be City residents, only
City of Bremerton residents would be voting on the ballot measure; however,
those living outside the City and receiving City water services can be granted the
opportunity by the City Council to give input, if they so choose.
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Janice Larson, Bremerton resident, expressed concern over the discharging of
illegal type fireworks by her neighbors on the 4th of July. She provided pictures
that showed the outfall of debris onto her property, including damaging several
vehicles that will require repainting. It also concerned her that the individuals
responsible did not clean up the debris in the street or surrounding properties.
She pleaded with the City Council to ban the discharge of fireworks. President
Farr stated he sympathized with Ms. Larson considering that he also found
debris from bottle rockets on the roof of his home, which could have started a
fire. He felt it was time the City reviewed the possibility of instituting a total ban
on the discharge of fireworks.
Susan Brown, Bremerton resident, referenced a newspaper in the July 12th
edition of THE SUN, "Council ends silence on use of free tickets", and viewed it
as another example of an ethical issue that needed to be addressed in a rewrite
of the City's Ethics Ordinance. She was not advocating instituting a criminal
charge for such activities, however, she did feel it warranted a public
acknowledgemerit and apology for a poor choice of judgement. The way of
enforcement under the existing law is the entire City Council judges itself. She
asked what happens when the entire City Council is charged with an offense? In
the existing law it states "gifts of insignificant value"; however, she believes there
should be a specific amount designated. Under the existing ordinance it also
states each public officer elected shall acknowledge receipt of a copy of the
Ethics Code before entering into service. She noted that statement assumes the
ordinance is read. She suggested that part of the law be rewritten so that it says
"each public officer elected shall acknowledqed thev have read and understand
the Code of Ethics." She asked Mr. Overson if he was quoted accurately in the
newspaper article that he thinks the City has a lot more important issues than
that. Mr. Overson stated possibly. Mrs. Brown stated in January, Council
President Farr informed her that rewriting the Code of Ethics was a low priority
for the City Council. Based on Mr. Overson's comment, he apparently is saying
the same thing. Even though Mayor Horton formed an advisory committee to
review the Ethics Code three weeks ago, no one on the committee has been
notified that they have been selected, nor has a meeting been scheduled to start
the discussion. She believes that when an issue of public trust comes, it should
go to the top of the list. She referenced the Seattle Code of Ethics states: "No
City officers shall engage in any activity that would, to a reasonable person,
appear to impair the officers independence of judgement."
Gordy Byrd, Kitsap County resident, asked if he understood correctly that if he
offered to give City Council members one of his "Byrd's Nest" tee shirts and they
accepted, it would be a breach of the City's Code of Ethics. President Fan'
explained there are specific rules that must be followed and Council would
consult their legal staff before accepting anything of any value. Mr. Byrd stated if
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he gave the City Council members something it would be given "from the head,"
not out of what he could gain from them.
Carol Atkinson, Bremerton Main Street Association, reminded everyone that the
first concert on the boardwalk, performed by Jr. Cadillac, would take place on
July 17, 1998, 6:00 - 8:00 P.M. This concert is sponsored by Haselwood
Dealerships. Venders will also be located on the boardwalk during that event.
She announced anyone who had purchased a commemorative "brick" or
"granite" since the last installation will have them set in place on July 16.
President Farr expressed his enthusiasm over the concert series. Ms.
Atkinson noted all of the concerts will be held from 6:00 - 8:00 P.M. except for
the Soul Survivors performance on July 31, which is scheduled from 6:00 P.M. -
9:30/10:00 P.M.
8A - APPOINTMENT OF RICHARD DUNLAP TO THE BREMERTON
HOUSING AUTHORITY BOARD OF COMMISSIONERS, #AB98-156
There is a vacancy on the Housing Authority Board of Commissioners. It is
recommended the vacancy be filled by Richard Dunlap.
Mayor Lynn Horton stated Mr. Dunlap is employed with Parametrix Inc., and is
involved with many activities throughout the community, including the Kitsap
County Economic and Development Council and the Bremerton Rotary Club.
She believes his engineering background would be of benefit to this Board
especially if they expand into the area of more new construction rather than just
managing West Park and existing Section 8 housing. Mr. Dunlap has also been
involved in the development and construction of low income housing for the City
of Tacoma.
Public comment - none.
President Farr stated he was aware of Mr. Dunlap's involvement in other
activities and believes he will be a great addition to the Housing Authority Board.
#1162 M/S/C/U(Montgomery/Overson) Motion to confirm the appointment of
Richard Dunlap to the Bremerton Housing Authority Board of Commissioners.
Richard Dunlap stated he was honored with Mayor Horton's nomination and
appreciative of Council's vote of confidence. His decision to become involved
with the Housing Authority stemmed from his relationship with a Tacoma
program. For the past two years he has served as a consultant with the Tacoma
Housing Authority and discovered there are wonderful opportunities for the
Bremerton Housing Authority to become involved in redevelopment of the
community, improving the quality of life, and providing quality affordable housing.
He believes that is a role that the Bremerton Housing Authority needs to take on
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as a leader. He looks forward to working with the Housing Authority's Executive
Director and Board members to make a difference within the community.
President Farr thanked Mr. Dunlap for volunteering to serve.
8B - PROPOSED PROFESSIONAL SERVICES AGREEMENT - EDWARDS.
SIEH. SMITH & GOODFRIEND, P.S.. #AB98-157
The City Attomey has requested that Edwards, Sieh, Smith & Goodfriend, P.S.,
be retained to represent the City in an appeal regarding the Jury's verdict in
regards to the lawsuit City of Bremerton v. CH2Mhill Northwest, Inc., et al.
Glenna Malanca, City Attorney, stated she would be available to answer
questions,
Public comment - none.
#1273 MIS/C(Montgomery/Arends) Motion to approve the professional Services
Agreement for Edwards, Sieh, Smith & Goodfriend, P.S.
Vote on motion: In Favor: Montgomery, Arends, Shepherd, Farr, Overson, Law,
McConnell, Olsen
Abstain: Reed
Motion carried.
9A - ORDINANCE (FIRST READING) TO RENAME KEAN STREET TO AUTO
CENTER BLVD., AND RODGERS STREET TO KEAN BLVD., #AB97-158
Since the receipt of a proposal in 1990, the City has contemplated a move to
change the names of Kean and Bruenn Streets to Auto Center Boulevard. The
City has worked with various organizations, the Bruenn and Kean families, and
affected property owners to find a workable arrangement. In June, the City
proposed an ordinance enacting these name changes. After collecting input from
affected parties, an alternate plan has been proposed.
If passed, this ordinance renames Kean Street to Auto Center Boulevard and
Rodgers Street, a partially undeveloped right-of-way, to Kean Boulevard.
Rodgers Street is scheduled to be rebuilt in 1999 and will provide a suitable
monument to the late Mayor Kean. The renaming of Kean to Auto Center
Boulevard is intended to enhance regional recognition for the auto center
neighborhood. The City has an implementation schedule designed to make the
transition less costly and confusing for property owners and citizens. These
plans have been shared with the property owners in letters and meetings with
representatives from interested groups. The staff feels confident that this
proposal represents the best possible consensus without diminishing the original
objectives.
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Mayor Lynn Horton stated this issue was brought to the Council previously,
however, prior to taking final action, the Administration felt it was necessary to
meet with the affected parties and outline the proposed action. When a meeting
was held with those affected, there was some concern voiced and a compromise
proposal was promoted. The new proposal is to leave Bruenn Avenue and Union
Avenue as they are, Kean Street will be renamed Auto Center Blvd., from 1st
Street to Werner Road, Rodgers Street will be renamed Kean Blvd. The City will
design and post appropriate signage identifying those name changes. In
speaking to the individuals involved, Mayor Kean's daughter Ruth Yates is
agreeable with the new proposal. Roto Rootor and the auto dealers were
contacted and they did not voice any problems, therefore, the Administration
recommends Council approve the proposed ordinance, on first reading, since it
was a fairly radical change from the original ordinance previously presented.
Gordy Byrd, Kitsap County resident, asked the purpose of the proposed
changes.
Roy Mclnnis, Bremerton resident, questioned whether or not the street numbers
would change when the street names changed.
Mayor Horton explained the change in name came as a request from the auto
dealers so that Auto Center Way would be a more identifiable business zone
within the community. Regarding any change in street numbers, some of the
numbers may change. She emphasized the proposed change would not take
effect until July 1999.
Mr. Reed stated he believed any improvement to enhance the recognition of this
area will be advantageous to the City. He has already discussed with Mayor
Horton the fact that the whole corridor west of Highway 3 from North Kitsap Way
to the water is a very aggressively changing community and the City may want to
look at improving the name change on some of the other streets in order to
completely address this particular business zone. He totally supported the
proposal as presented.
#1273 MISICIU(Montgomery/McConnell) Motion to approve Ordinance, on first
reading, renaming Kean Street to Auto Center Boulevard and Rodgers Street to
Kean Boulevard.
9B - ORDINANCE (FIRST READING) INCREASING HOTEL/MOTEL TAX
FROM 2% TO 4% AND AMENDING CHAPTER 3.64 OF THE BREMERTON
MUNICIPAL CODE, #AB98-159
Pursuant to RCW 67.28.181 the City is authorized to increase Hotel/Motel Taxes
above the historic limit of 2%. The Administration is proposing that the City
increase the Hotel/Motel Tax from the present 2% on the sale of lodging to 4%
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and use the additional tax proceeds to benefit Admiral Theatre operations. This
use of the additional tax would be reviewed annually by City Council.
Mayor Lynn Horton stated this issue came about because of the newness of the
Admiral Theatre. It is known that the first five years of business operations for
most business are its most difficult and crucial timeframe. The Admiral
Foundation Board members and their Director came to her and the City Council
indicating that they were having the need for a subsidy at least for a period of
time to allow their organization, as a new business, to get to the point where they
were self-sufficient. This issue was brought before the Lodging Tax Advisory
Committee, which is a relatively new committee within Washington State. That
committee held a meeting on July 8, 1998, and adopted the following
recommendation: "The LodGinG Tax Advisory Committee agrees with the
proposed increase in the Room Tax with the stipulation that all .groups meet the
same criteria for funding from the full 4% Tax annually. Any immediate increase
should be resubmitted at the end of the year for equal consideration." Although
the Committee submitted a recommendation, she is recommending that if the
additional 2% tax is approved those funds, on an annual basis, be earmarked for
the Admiral Theatre. She reminded everyone that the Admiral Theatre building is
owned by the City and contract with the Admiral Theatre Foundation for its
operation. She briefly reviewed the voters' approval for the City to grant the
Foundation a 50-year lease. She reviewed the Admiral Foundations' budget
materials, which included the employment of 8.5 full time employees and
approximately $109,000 is spent in salaries, which when broken down amounts
to a very conservative amount of money. For the amount of work that is
required, they are probably understaffed. The Foundation has looked at various
venues to raise funding and have approached the Kitsap County Commissioners
about raising the County's Hotel/Motel Tax. There has been some discussion
that the City wait to take any action until the County approves such a tax
increase. She urged Council to not wait since it would add to the dilemma of the
Admiral Theatre. Mayor Horton reviewed the Theatre' 1998/1998 calendar of
events, which she believes is well rounded with performances for all ages and
tastes. It is her intent to bring forward a Budget Adjustment at the next Council
meeting that would identify a loan of $50,000.00 to the Admiral Theatre, which
would be repaid $10,000.00 each year through the increased Hotel/Motel Tax, if
approved.
Gordy Byrd, Kitsap County resident, asked why the City was not proposing a
1% increase rather than 2%.
The following comments were made by members of the Lodging Tax Advisory
Committee, i.e.,Yonq Kanq, owner Oyster Bay Inn; Rowena Jonqeward,
Midway Inn/Bremerton resident; Rene Kiehl, Super 8 Motel, President Kitsap
Lodging Association: (1) The letter from the Lodging Association members
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located in Bremerton supported the increased 2% Hotel/Motel Tax for use by the
Admiral Theater because it is an outstanding performing arts facility even thought
the downtown is somewhat a less desirable area at the present time. (2)
Performers at the Admiral have utilized Bremerton hotel facilities and have taken
away a very positive impression of the area and results in positive promotion. (3)
The Admiral Theater Foundation was commended for investing their time and
money to renovate the multi-million dollar facility. (4) The increased 2% tax will
cost each of the hoteliers in Bremerton approximately $10,000.00 per year. (5)
If the 2% increase is not countywide Bremerton hotel operators will be at a
disadvantage because travelers do shop around for the best price. (6) Urged
waiting until Kitsap County acts on increasing their tax by 2% before Bremerton
implements such an increase. (7) When the Admiral Theater sends out their
1998/99 schedule of events the hotellets want them to include information on
hotel/motel availability and restaurants availability. (8) The Admiral Theater
should meet the criteria identified for all applicants requesting Hotel/Motel Tax
funds. (9) The hoteliers have seen a dramatic reduction in military personnel
utilizing their establishments, which they were dependent upon to fill their rooms.
(10) The additional 2% Tax should be shared with other agencies/organizations
that promote tourism. (11 ) The annual $10-12,000 that a hotellet must pay in
Hotel/Motel Tax could be used to promote their own establishment in more direct
type of advertising; however, there was support for the Admiral Theater to
receive those funds for a limited period of time.
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(12) Ten businesses are being asked to shoulder the cost of providing financial
assistance to the Admiral Theater. (13) the proposed action was a rush to
judgement before the Lodging Tax Advisory Committee had time to study
the issue. (14) Question - if approved will this carry over through October
proposals and would not be brought up for reconsideration until the year
20000?
The following individuals spoke in favor of the proposal: Rob Schneidler,
President of the Admiral Theater Foundation; Klaus Golombek, Admiral Theater
Board member; Shenil Huff-Menees, Admiral Theater Board member; Jerry
Reid, Admiral Theater Board member, Alex Roos, Puget Rental Owners
Association,
The following comments were made in favor of the proposal: (1) The Admiral
Theatre Foundation is a non-profit organization created to renovate and operate
the City's theater (the City of Bremerton owns the Admiral Theater building). (2)
Members of the Foundation are working with the Kitsap County Commissioners
to bring forth an action of this sort so that it presents a more equitable tax
throughout the County. (3) On the issue of the City approving the increased tax
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prior to the County taking similar action, the City owns the theater and should
show leadership in this situation. (4) The State Legislature sets the limit of the
Hotel/Motel Tax and what it can be used for. Financially supporting an art facility
is an eligible use. (5) Other theater facilities in other communities throughout
Washington State receive funding through Hotel/Motel Taxes, i.e., the City of
Olympia and Thurston County have committed their entire Hotel/Motel Tax
allocation for the next 25-years to the Washington Center For Performing Arts,
which is located in Olympia. (6) In 1991 the citizens of Bremerton voted by a
77% plurality to authorize the City of Bremerton to contract to lease the Admiral
Theater facility to the Admiral Foundation for a period of 50 years. (7) Upon the
signatures of that 50-year lease, the Admiral Theatre Foundation obtained $4.2
million from both the public and private sector (nearly 60% coming from the
private sector). (8) The Admiral Theater was opened in 1997, held over 100
events and more than 25,000 people attended those events. (9) The
professional and business backgrounds of the Foundation's Board of Directors
were identified. (10) The managers of the theater are taking other approaches to
deal with the costs to fund the theatre, but their prime objective is to keep the
quality of the facility as it is now. (11 ) The theatre was not created to just make
money; it was created to bring arts and entertainment at an affordable rate to the
entire public. (12) The Mission Statement of the Admiral Theatre states the
Foundation pledges the Admiral Theatre shall be the primary link in the
encouragement and development of cultural, civic and entertainment horizons of
the entire West Puget Sound. (13) The Admiral Theater Foundation is
requesting funding assistance for building costs, due to the fact that ticket prices
cannot pay for the infrastructure. (14) Congressman Norm Dicks pointed out on
several occasions that the Pantages Theater in Tacoma, which has been
operating for over a decade, still does not pay for all of its costs out of the sale of
tickets and relies on community support. (15) The practice of sending out
information on hotel/motels/restaurants availability will continue when tickets or
event information is mailed to people outside of the community. (16) The
Admiral Theater Foundation's financial records are open and if the City
requested examination of those records they are willing to provide that
opportunity, (17) The Admiral Theater employees are dedicated to their job and
do not get paid adequately for what they are asked to do. (18) By increasing the
Hotel/Motel Tax by 2% would only amount to $1.00 on a $50.00 room. (19)
Many people from outside of Kitsap County attend events at the Admiral Theater.
(20) Through the efforts of the Admiral Theater Foundation, people from within
the Bremerton/Kitsap County community donated hundreds of thousands of
dollars and hundreds of people came forward to raise money for the Admiral
Theater. No other groups can boast about such an accomplishment. (21)
Supporting the request as presented is showing support of those people who
said they wanted such a facility in their community. (22) The Puget Sound
Rental Owners Association supports the Admiral Theater Foundation and the
City's support that is given to that facility. They encourage the positive
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development of anything that will enhance the livability of the City of Bremerton.
(23) The Admiral Theater Foundation is still in the process of raising funds within
the community. They raised slightly more than $2.2 million through individual
contributions.
Mayor Lynn Horton stated in answer to the question why not wait until the
County has approved their 2% increase, the City of Bremerton owns the theater
building, and she believes the Kitsap County Commissioners were waiting for the
City to take the lead on this action. If the City didn't support the theater, she
doubted they would lend their support to that effort. The rational of raising the
tax by 2% rather than 1% is to address the shortfall experienced by the theater
and other sources of funds is severely restricted. Based on the comment made
by some of the hoteliers, in 1998 when she became a City Council member the
City had its first 18-holes at Gold Mountain and the Naval Museum, which the
City funded between $20-30,000. Over the last 10-years, the City has
contributed to the Turner Joy ($40,000 seed money out of the General Fund), the
City paid millions of dollars for construction of the boardwalk, which is still costing
the City and hosts the Blackberry Festival, which brings tourist into the City. No
Hotel/Motel Tax funds were used for the boardwalk project. The additional 18-
holes of golf at Gold Mountain ($,4 million), which brings additional people into the
community. received no funding from the Hotel/Motel Taxes. The Regional
Pendergast Sport Complex, a several million dollar, project that Kitsap county
also contributed toward, is another facility that brings in tourist into the
community without any financial support from the Hotel/Motel Tax. None of the
funds for maintaining those facilities have ever come from the Hotel/Motel Tax. A
number of years ago the City did lease a piece of City property to Elanden
Gardens, which is another tourism component to our community, and for those
many years the City supported the Naval museum and continues to do so in an
alternate fashion, This year, for the first time, the City purchased a full-page ad
in the WALT Guide, which is the Washington State Tourism Guide, and is also
developing a Bremerton tourism brochure. She believes the City has paid
millions of dollars, over the last decade, to support tourism in the Bremerton
community and to support the hotel/motels and restaurants. She stressed, the
City cannot do everything, and the theater is one of those things that need the
additional help.
Mrs. Arends stated she chairs the Lodging Tax Advisory Committee, which
started meeting in March of this year. In May the Committee learned that the
City wanted to utilize the proposed 2% tax increase for a specific purpose. She
stressed the uniqueness of the military travel in Kitsap County and how that can
be a problem for the hoteliers in raising any kind of rates since they must absorb
some of the costs. She also noted the first 2% of the Hotel/Motel Tax collected
can be charged to sales tax, but the second proposed 2% could not. She was
proud of the Committee's actions in summarizing their support of the proposed
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increase, but they were hoping to stipulate that all groups would be reviewed
annually. In 1997 the Admiral Theater was recommended by the Lodging Tax
Advisory Committee to receive Hotel/Motel Taxe, however, in 1998 they did not
submit a request at the time applications were accepted. One concern voiced
had to do with the length of time the funding would be directed to the Admiral
Theater. As far as the City enacting the tax increase before Kitsap County, she
felt a step of faith was needed with the hope that the other entity would follow
suit. There has been some assurance that Kitsap County is also discussing this
issue and the City is hopeful that they will join in making this step. The Advisory
Committee was always of the opinion that the Admiral Theater was very
important to the community.
Mr. Shepherd stated initially he had concerns about the financial stability of the
Admiral Theatre, but after reviewing their financial data, holding study sessions
and discussing it with Mayor Horton, he believes it is a fiscally responsible
operation. He researched other cities, i.e., Olympia, Eugene, Oregon, etc., and
learned the proposed action is not uncommon and is an appropriate use of the
Hotel/Motel Tax funds. He believes the theatre is a critical component of the
Bremerton picture and how we believe in ourselves and see ourselves. It is also
critical to the quality of life of our Navy visitors. He attends events at the theatre
thereby paying his share and he encouraged that kind of participation by others
throughout the community.
Mr. McConnell pointed out there was nothing in the proposed ordinance that
dedicated the additional 2% tax for the Admiral Theatre. He asked if this
proposal is approved, would the additional 2% be combined with the current 2%
tax and process through the Lodging Tax Advisory Committee for their
recommendation for disbursement? Mayor Hotton explained if Council
approves the increased 2% Tax, she will then bring forward a Budget Adjustment
that would last through 1998, at which point the Lodging Tax Advisory Committee
would review the Hotel/Motel Tax issue and forward their recommendation on to
the City Council. She will be also be forwarding her preliminary 1999 Budget for
Council's consideration. Mr. McConnell asked if this would be done on an
annual basis. Mayor Horton stated that was correct. Mr. McConnell stated he
wished there were another source of funds to assist the Admiral Theatre. Some
of the other theatres that currently receive funding through the Hotel/Motel Tax
are located along the I-5 corridor and have a greater tax base to draw from. He
asked if Bed-n-Breakfast, RV parking facilities, etc., would also be taxed. Mrs.
Malanca stated this additional 2% is the first that the receiving entities will be
accountable. The first 2% comes out of the City's Sales Tax. Mayor Horton
noted the Administration did research other possible funding resources. Mr. Law
suggested that the funds be taken out of the City's Parks Department revenues;
however, because of this years weather conditions Parks' revenues are down.
Other than taking funds out of the General Fund, she had no other funding
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source for this purpose. She will also be discussing this issue with the Kitsap
County Commissioners.
#1359 MISICIU(McConnell/Montgomery) to approve Ordinance, on first reading,
increasing the Motel/Motel Tax from 2% to 4%.
Mr. Montgomery stated when he travels out of the area he does not inquire
about the cost of the Room Tax when seeking lodging. However, after a recent
visit to Wenatchee, Washington, he reviewed his lodging bill and saw that he
paid 12% in taxes. If the City does not support the Admiral Theatre, we would be
sending out a negative message. By not supporting the theatre it could also
adversely affect the Sinclair Landing project. The current City Administration has
work diligently to change the image of Bremerton and it is important the support
be given to the theatre. He has attended a number of events at the theater and
paid for most of them. He recalled he may have used one flee ticket to an
Admiral Theater event and that had no influence on his decision on this issue.
He emphasized he can't be bought for anything leave alone for a price of a ticket.
Mr. Overson stressed there are two issues, one being whether or not to support
the Admiral Theatre. He wanted it understood that the other issue was the fact if
those tax dollars are dedicated to the Admiral Theater it is taking money out of
the pockets of the hotel/hoteliers. Over the past few years the Hotel/Motel
Taxing situation has been declining, which reflects that the use of hotels and
motels in the City is down. If Council approves the proposed increase he
emphasized the need to recognize what affect it has on the hoteliers. With any
luck, the continued investment in the community and development of the Sinclair
Landing project along with other positive things done by the City will demonstrate
that the hotel/motel activity level will increase.
Mr. Law pointed out the cities of Port Orchard and Poulsbo have already
increased their Hotel/Motel Tax by 2%. He understands the concerns raised by
the hoteliers that are affected by the government per diem customers. However,
the Council has been assured that issue will be reviewed and hopefully raised.
He doubted the non-government travelers pay much attention to the Room Tax
being charged. Overnight lodging in Seattle can end up costing over 25% in
taxes. He will lend his support in this manner to the Admiral Theater and
believes action needs to be taken in order that the theatre can meet their
commitments.
Mr. Reed stated he wanted the hoteliers to know that he listened very carefully to
their concerns and respects their statements. At the same time, he is very much
committed to leaving his position that he currently holds with the City being a
better place and he believes one of those crucial elements is the existence and
success of the Admiral Theatre. He was overwhelmed with the list of individuals
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that serve on the Admiral Theatre Foundation Board of Directors. Without the
hoteliers' letter of reluctant support of the tax increase, he doubted he would give
his support. He believes the issue is to move the County along in "leveling the
playing field."
Mr. Olsen stated he has talked with the managers of the local hotels and motels
and he understands their point of view on this issue. However, it comes down to
the question, "do we believe in Bremerton?" He agrees with the President of the
Admiral Foundation, that the theater belongs to the people, and this is the reason
he is in favor of this Resolution.
President Farr added that many citizens have no qualms over putting
maintenance money into parks, repairing streets, or other public entities. This
City owns the Admiral Theater, and it belongs to the citizens too. He has no
problem in supporting this facility.
Vote on motion - unanimous.
9C - ORDINANCE #4631 (SECOND READING) ADOPTING THE 1997
EDITIONS OF THE UNIFORM CODES AND STATE BUILDING CODES, AND
AMENDING CHAPTER 17 OF THE BREMERTON MUNICIPAL CODE, #AB98-
149
Judy Johnson, Building Official, pointed out that the fee schedule had been
broken out of the ordinance, following first reading, in order to adopt it by
Resolution, which is the next item of business. Over the past week she has
discussed this issue with Alex Roos, a representative of the Puget Sound Rental
Owners Association (PROA), regarding numerous changes to the 1997 Code.
His organization is concerned how adoption of the codes will affect existing
buildings. Her response to that concern is that charge in the code has never
changed. Any work that is done is required to come up to the codes. There will
not be any retrofitting or requirements of any existing building as long as it was
legally maintained and/or constructed at the time it was built. The Code change
itself is a process that takes three years. Each year the changes are
promulgated and the third year are put into a new book, which is what is
proposed for adoption. she encouraged anyone from PROA or citizens of
Bremerton to come into their department and discuss how the code would
specifically affect their unique situation.
Alex Roos, representing the Puget Rental Owners Associations, pointed out
Council will be asked to vote on 1,073 changes under this new Code, He asked
how does Council review that many changes prior to adopting them. He sent a
letter from PROA to the City Council, but unfortunately it was directed to the
wrong person and apparently lost, asking that they be provided a list of changes
and how it would affect members of PROA. In his discussions with Ms. Johnson,
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he was assured that the amendments would not cause retrofitting of existing
structures.
Gordy Byrd asked if he purchased an existing building would any changes that
he wanted to make be required to meet the new code. Ms. Johnson stated it
would be depend on the site and the structure itself. At the time a person selects
a property, they should come to her office and discuss what it was they wanted to
do to the structure.
President Farr acknowledged that he misplaced Mr. Roos' letter. He did ask the
Legislative Assistant to contact PROA about the Building Code Agenda item.
This item was approved on first reading of the ordinance and was reviewed by
both of the Council Committees. As a side issue, he would like to have
organizations, such as PROA, brought into the loop in a more formal manner
when issues of this nature come before the City Council. He agreed that the
proposed changes were massive and would take considerable study. Council
does have to rely upon staff and in this case it is staff passing on regulations that
are approved at the State or higher level.
Mr. Montgomery pointed out the last time the City Council approved changes to
these codes he commented that he questioned what was being proposed. At
that time, the City's Building Official handed Mr. Montgomery two large books to
review, which he found to be somewhat overwhelming. He re-emphasized the
changes would only apply to new construction.
#2400 M/S/C(Montgomery/McConnell) Motion to pass Ordinance #~631, on
second reading, adopting the 1997 editions of the Uniform Codes and the State
Building Codes and amending Chapter 17 of the Bremerton Municipal Code.
Mr. McConnell pointed out the importance of getting involved with amending
these kinds of codes at the State level. The code is already in effect and the
Council is taking action to adopt it to apply to Bremerton so that issues that
become infractions could be handled through Bremerton's Municipal Court rather
than a State or Superior Court.
Mr. Reed pointed out the subject codes are already adopted statewide and not
amended by local city governments. Ms. Johnson explained there are three
model codes in the United States and this is the largest of the three. Of the three
model codes that are nation-wide, this particular International ICBO Code that is
used by the City, the UBC, is applicable in 1998, after which all three codes will
be combined into an International Code.
Glenna Malanca, City Attorney, pointed out the City's current Building Code is in
force until it is changed. The City can adopt portions of the Uniformed Codes
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and delete portions. For example, there are times in the Fire Code where the
City adopts certain sections and add other matters that are not covered by the
State uniform Code. Local jurisdictions do have the option to adopt all or parts of
the codes. All jurisdictions that she is aware of adopt all or parts of these
Uniformed codes, but they do have local variances.
Mr. Overson pointed out the Bremerton City Council adopted the Unformed
Housing Code, which included adopting certain sections and modifying other
sections. The city does have some local interpretive or decision power, but
Council needs to recognize how that affects your community.
Vote on motion: In Favor: Montgomery, Reed, Arends, Shepherd, Overson,
Law, McConnell, Olsen
Abstain: Farr
10A - RESOLUTION #2659, ADOPTING 1997 BUILDING CODE PERMIT
FEES, #AB98-159
In conjunction with the amendment of Chapter 17 of the Bremerton Municipal
Code to adopt by reference the 1997 edition of the Uniform Building Codes, staff
is recommending that the permit fees for Building, Mechanical, and Plumbing
Permits be adopted by Resolution.
Judy Johnson, Building Official, stated she would answer any questions Council
might have.
Gordy Byrd asked how much of an increase is proposed.
Ms. Johnson stated the recommendation is to amend the 1994 table as
opposed to the 1997 table. The City's fees for $1-500.00 valuation increased by
$2.30. The fee is fluctuating and as you have higher values the fee reduces
because of those higher values.
#2704 M/S/C/U(Montgomery/Arends) Motion to pass Resolution #2659, adopting
fees for Building, Mechanical, and Plumbing Permits set forth in the 1997 edition
of the Uniform Codes.
Mr. Overson stated because this issue had not gone before Council Committees
there may be some questions at this time. He questioned whether there is any
identifiable percentage of increase that can be tracked as to CPI increases over
the past years and any potential impact on income. Ms. Johnson explained the
proposed fees are the same as those reflected in the previous ordinance at the
time of its first reading. The fees were just separated out of the ordinance and
placed in Resolution format. The same fees went through a Council Study
Session as an entire package. The general percentage increase amounted to
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approximately 14%. Mr. Overson asked if that spanned across 1994-1997 or
from 1997. Ms. Johnson stated she recalled the City adopted the 1994 Code in
1995 and each year the Building Standards' magazine (April issue) has
increased cost for the square footage of building a home. The actual amount
went from ,$51.90 to $51.99 to $52.05. There were no increases in 1998 because
there was no increase identified in the Building Standards magazine. Mr.
Overson asked if the proposed increase percentage summarized those
increases. Ms. Johnson stated yes.
Mr. Shepherd stated he called several other municipalities and learned that the
City's fees are quite reasonable.
Mr. McConnell pointed out the Agenda Bill stated under
Impact" that if this resolution is not approved the City would not be able to
enforce the fees. He questioned would the City's current fees remain in place?
Ms. Johnson concurred current fees would remain in place.
Vote on motion - unanimous.
With no further business meeting adjourned at 8:15 P.M.
City of Bremerton
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