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HomeMy WebLinkAbout09/18/96TAPE #1408 I UNAPPROVED DRAFT COUNCIL APPROVED OCT 16, 1996 CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 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, September 18, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Council members David Farr and Sherril Huff-Menees were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. #0021 #0056 The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Peter Webster of Westpark Christian Church. CONSENT AGENDA A. Charter Revision -- Approve Final Draft #AB96-203 M/S/C/U(McConnell/Colvin) to approve the Consent Agenda as presented except for changing the word "proved" to "approved" on (b) page 8 of the Charter; and inserting the "a" in "ordinance", Section 14(4), page 19 of the Charter. President Law stated with the approval of the Consent Agenda, this sets the wheels in motion for the proposed Charter changes to go on the ballot in November. Therefore, it is required that the Council appoint committees to write the Pro and Con statements for submission to the County Auditor for the Voter's Pamphlet. M/S/C/U(McConnell/Colvin) to appoint Larry Stone, Andy Parypa and Robert Bradley to the Pro Committee and Bill Camp to the Con Committee, as required by the County Auditor. President Law asked the City Attorney to respond to several questions raised about the submittal of the Charter change on the November ballot. Ian Sievers, City attorney, stated the extensive revision being proposed as a single proposition rather than a single amendment was questioned. The City's position is the that the discussion of the Petition method was not the exclusive manner of amendment and does not abridge the Council's right to submit amendments. The Constitution allows the technique for making extensive amendments as a submittal under one proposition. also, the case law in interpreting First class charter City's right to make amendments really expresses an intent to grant the Council, under the Constitution, the fullest rights to make such amendments. He believes the process is correct and the Freeholders process is #0161 TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 2 of 29 participation over a period of time; however, council does have the power to refer amendments, including extensive amendments, to the ballot through the selected process. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/McConnell) on September 18, 1996, the Council does approve for payment those vouchers included and further described as follows: 201560, 201561 through 201780 in the amount of 4463,290.11; and Regular Payroll for the period ending August 31, 1996, in the amount of $837,427.21. COUNCIL MEMBER REPORTS Mr. Colvin announced District #1 Neighborhood Meeting will be held September 19, 1996, 7:00 P.M., at the Sheridan Park recreation Center, with Mayor Horton as the guest speaker. Mr. McConne11 commented on the opening of the new Olympic Course at Gold Mountain and encouraged members of the public to take the time and view the completed course, it is beautiful. Mr. Overson pointed out a transformation is taking place at the Admiral theater. He thanked Larry Stone, Andy Parypa, Del Knauss and Ian Sievers, City Attorney and City staff members, for their work on the revised Charter. Mr. Neville thanked everyone who did vote on election Day and reminded people they still had an opportunity to vote in the General Election coming up in November. He announced the Engineering Department will hold a public meeting on September 24, 6:00 P.M., in the north conference room 140 of the Olympic college Student Center to discuss removal of parking on planting strips for the area of 600-1000 block of Pennsylvania Avenue. Mr. Montgomery reported on Tuesday evening he had the pleasure of riding along with Police Officer Davis on the east side of Bremerton. There was not a lot of action that evening, but he learned a lot about what the police go through during patrol operations. He asked when would the City have the proposed revised Charter on the Linknet? Ian Sievers, City Attorney, stated he expected the current revised copy could be available on the Linknet by September 20. Mr. Montgomery was not pleased that only 33% of the registered voters in Kitsap County voted in the Primary Election. He emphasized if people choose not to vote, in his opinion they do not have the right to complain. TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 3 of 29 Mr. Winters wished his mother a "Happy Birthday" on September 24. This past weekend he had the opportunity to talk with Jerry Yeadon, a former Bremerton City clerk, who had many fond memories of the city. He attended the opening of the new Olympic Course at Gold Mountain, which was a great day in spite of the rain. He congratulated all those who did finish their rounds of play on that day. He extended a special "thank you" to Morrie Dawkins for his input on development of the new course. On September 16 he attended a Bainbridge Island Economic Development Conference. He was very impressed with the guest speakers at that event and hoped the City of Bremerton would have the opportunity to hear Bill Moskett's presentation and message that no matter what a community builds, unless people are brought into the community to create that expanded economic base, we're missing the boat. Earl Smith of the Economic Development Council, gave a good presentation and Paul Greene, Washington State Ferry System, confirmed the facts regarding the passenger ferries coming to Bremerton in 1997-1998. He noted that we, the community, do have input as to how to preserve the cultural and historical value of the City of Bremerton when it comes to design in the Sinclair Land Project. Lastly, he welcomed all the new students at Olympic college. He thanked those that voted and encouraged everyone to support local funding raising activities. Mr. Law reported on a well attended District #3 Neighborhood Meeting on Tuesday evening. He expressed his appreciation to Police Chief Paul Du Fresne and Police Officer Kevin Long for their participation at that meeting. MAYOR~S REPORT Mayor Lynn Hotton reported on the opening ceremonies for the Olympic Course at Gold Mountain and complimented everyone involved with that project. She complimented Mr. Colvin and the Committee, who put together the Constitution Day luncheon on September 15. The tribute to Kitsap County Commissioner Win Granlund was very nice and she hoped that the fund raising effort for the Martin Luther King Jr. Scholarship Fund was successful as well. She announced on September 23, 6:30 P.M., Dr. Carol Whitehead, the new Superintendent of the Bremerton School District, and Mayor Horton will hold a meeting at Crownhill Elementary School to hear concerns about any issue pertaining to the Crownhill School, the School District, or the City at large. PUBLIC RECOGNITION Bob Sauter, Veterans Of Foreign Wars, extended his appreciation to A1 Colvin, John Law and Mayor Horton for having honored him to be present at the Constitution Day Luncheon and Martin Luther King Jr. Scholarship Fund event. At that event, the issue of bridge building was discussed and he felt strongly that bridge building is TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 4 of 29 not one individual, but rather individuals, neighborhoods, communities, cities, counties, states, nations, world and universe all working together. He announced he would be putting up anti- smoking posters in every school in Bremerton in an effort to fight the increase of smoking among school age children. In regard to the MIA's and POW's, he read the background of a person that was stationed at the Naval Hospital as a Hospital Corpsman before going to Vietnam. Don Larson, President Washington Scuba Alliance, reminded everyone of the Sinclair Inlet Clean Up and Marine Fair on September 21., 11:00 A.M. - 2:00 P.M., at the First Street Dock. He reported Pierce County Parks is deciding whether or not to set aside Sunrise County Park as a marine preserve. He referenced a publication called "The Northwest Patriot" and the fact the front page of the September 1996 edition had a picture of the Turner Joy that called it a "world class exhibit". Maynard Hoffman, Bremerton resident, thanked the Mayor, City Council, Street Department and Water Department for the new 8 inch water main and resurfaced road on South Marine Drive. Both projects were sorely needed and long awaited. The Street and Water Departments performed their task in a very professional manner with little inconvenience to the residents. The residents of South Marine Drive are delighted with the end results. Ed Pietras, President of the Martin Luther King Jr., Scholarship fund, thanked those who attended and worked to put on the Constitution Day event. A replay of the Constitution Day event will be broadcast on Channel 12 on September 19 at 4:00 PM and September 23 at 7:00 PM. Annette Taylor, Bremerton resident, raised issues of harassment that she, her family and other residents have experienced as residents of Westpark She noted there are "No Trespassing" signs at each entrance into Westpark, which are suppose to protect Westpark residents- Because of the constant abuse and misuse of authority by the Public Housing Manager, Clarence Nelson, it has turned Westpark residents into virtual prisoners. Trespass warnings are being handed out to people with minor offenses by Bremerton Police Officer Emm. While some of the people may be convicted felons, many of them are not and are registered voters, veterans, college students and taxpayers. she asked are the residents of Westpark to believe that this is condoned by Mayor Horton, the Police Chief and City Council? She raised the issue of Constitutional rights and the fact it does apply to those less fortunate. She asked if Westpark was the only housing area where minor offenses will be treated as criminal? Is the City Council condoning the Public Housing Manger to maliciously harass Westpark TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 5 of 29 occupants. Does the City of Bremerton condone the mistreatment of its citizens? President Law stated someone from the City will be contacting her and the Bremerton Housing Authority and working through Police Chief Paul De Fresne. Mark Miller, Seattle resident, related an incident where the Bremerton Police arrested him at the home of his fiance Annette Taylor, in Westpark, and was jailed for four days. On September 6, 1996, he pleaded not guilty and a pre-trial date was set for October 24, 1996. On September 12, 1996, he was approached by Officer Emm in the Westpark Housing complex and given a criminal trespass warning, at which time he asked Officer Emm who approved and implemented this new law? Officer Emm's response was the Police Chief and Mayor. After receiving the warning, he was asked to leave Westpark immediately; however, he met with Clarence Nelson, the Pubic Housing Manager, who asked Mr. Miller if he had assaulted anyone and had he threatened anyone? Mr. Miller answered no to both questions. Mr. Nelson then said he had conflicting stories. Following that, Mr. Miller contacted Chief Du Fresne and Mayor Horton and talked with them about the Criminal Trespass warning and even they were not sure of the origin of that document. He believes his family has been harassed by Mr. Nelson, resulting in their receiving an eviction notice. Because of the Criminal Trespass rule, he cannot travel on public transportation, if it travels through Westpark, nor can he share Christmas dinner or special times with his family as long as they reside in Westpark. He is not a fugitive or felon, rather he is a taxpayer, registered voter, father of two children and employed. If the Criminal Trespass law is to be in place, then let it apply to everyone, but not everyone should suffer from that law. He emphasized he is not a gang member nor does he sell drugs. President Law assured Mr. Miller his concerns would be discussed with Chief Du Fresne and the Bremerton Housing Authority Board. Anthony Robinson, Bremerton resident, stated he is a father of two and has two grandchildren and a person that has had rough times. He asked if this City will help he and his family or will they criticize him. He has sought help for his 16-year old son, but no one has given him any assistance, so instead his son had to get in trouble to get help. He has personally had problems and spent time in jail, but he is trying to make a better life for himself and his family. He asked if he should be called names, or his family put out of their housing? Marie Devito, Bremerton resident, stated she was informed by Clarence Nelson and Bremerton Police Officer Emm that phones in Westpark are being tapped and that three drug transactions have taken place over her phone. she wanted to know if the Bremerton Housing Authority or the City Police Department had the authority TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 6 of 29 to tap her telephone without her consent or knowledge? President Law assured Ms. Devito she will be contacted. Jack Lefcoski, Bremerton resident, stated Kitsap Lake Neighborhood association will meet on september 24, 6:30 P.M., at the Cascade Natural Gas building. The topic of discussion at that meeting will be the weed problem in Kitsap County lakes. The Kitsap County Commissioners have given their concurrence on what is being done by a group of citizens that are taking on the problem of weeds in local County lakes. The Commissioners asked that petitions be signed to indicate the validity of the group to address this problem. Patricia Anderson, Bremerton resident, asked if she could get the guidelines for the Criminal Trespassing Law? If Westpark has the right to post signs stating the Criminal Trespass law will be enforced, the residents need to understand what the law states. INFORMATION ITEM ONLY 7A - TCI Cable ProgrNmming Changes, #AB96-204 TCI recently placed Fox news Channel on Channel 37 and moved C-Span to Channel 19 where it will share space with CBUT. Several citizens requested that this be placed on the Council Agenda for discussion. Kathleen MccluskeV, City clerk, stated she received a phone call from a concerned citizen stating they are against C-Span sharing time with CBUT and that programming on C-Span would be very limited. President Law asked Ms. McCluskey to explain the City's rights relating to the issue raised in the Summary Statement. Ms. M~luskey stated the City does not have the right to control the channel line up on any cable company, TCI or Falcon, under the telecommunications Act and FCC Rules, the cable companies make those decisions. The only thing the City can do is recommend a range of programming...sports, education, etc., but not as to channel placement. However, the city did receive requests from the members of the public wishing to speak on this issue and Mr. McDonald, TCI General Manger, was invited to attend this meeting to respond to any comments raised by the public. Mr. Montgomer7 questioned why the Fox News Channel wasn't transmitted over channel 19 or 20 instead of Channel 37. If that arrangement had been made, maybe Fox would have brought pressure on TCI to make Channels 19 and/or 20 more viewable. He felt it was a shame that the ratepayers, who have to subscribe to TCI, have no voice in these decision. He encouraged members of the public to write their legislators in Washington D.C., voicing their desire TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 7 of 29 to have input on how cable television is operated. George Coombs, Bremerton resident, stated there are already four news channels on TCI and he did not want to lose any part of the programming over CBUT to add another news channel. He and his wife enjoy the different slant on news coming from the Canadian perspective. C. R. "Tiny" Collins, Bremerton resident, stated having been a former Council member at the time TCI cable was brought into the City of Bremerton, he felt very close to the issue, but Bremerton TCI is now almost a stepchild and Falcon is ahead of Bremerton TCI. TCI Kitsap has both C-Span I and C-Span II and now TCI Bremerton is going to part time C-Span with CBUT. He looked at the schedule but could not determine when TCI would be doubling up because the only time open is when the Canadian channel goes dark, some time after 1:00 A.M.. What brought this to a head was a little piece of advertisement included with the TCI billing that said they were going to give TCI Bremerton customers FOX News and that the customers would get all the news every 20 minutes. He asked how many times can the news change in 20 minutes? And, when will he have the opportunity to watch C-Span programming - at 1:00 A.M.. He complained to TCI Bremerton about this change in programming and he perceived TCI had not received any complaints over the new programming schedule. He made another call approximately four hours later and they still had not received any complaints on that issue. He feels good about the City government having the capability to televise City Council meetings over Channel 12 and he feels strongly that TCI should leave the programming as' is on Channel 37. He urged others to voice their complaint to TCI. Kitsap County has good usage, but Bremerton seems to be dropping behind possibly because the equipment is old. Clarence Land, Bremerton resident, stated he felt it was a shame to lose the Canadian channel because it gives a different perspective on national news. Because of the close proximity of Canada to Washington borders, many people are interested in what is happen news wise. Ida Mae Cooper, Bremerton resident, stated she has fought a battle with TCI when they removed the Weather Channel and at that time she asked why was it being removed and their response was Denver controls TCI Cable programming in the Bremerton area. She recommended if TCI wants to put on another news channel they should get rid of MTV and use that channel. She does not what to see anything happen to either the C-Span channels or the Canadian channel. She was frustrated over the fact that TCI has a monopoly in the Bremerton area so the cable customers do not have a choice if they wished to have cable TV. TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 8 of 29 Roy McInnis, Bremerton resident, stated he registered a complaint with TCI at the time they were discussing a rate increase before Council. In regard to the two kinds of TCI service (Kitsap and Bremerton) he was not given a satisfactory answer when he raised that same concern. He is aware that TCI Kitsap County carries the Black Entertainment Channel. He understands that TCI can implement a rate increase without City approval and he does not mind paying for what he wants to watch, but he does not understand why Bremerton viewers cannot get the Black Entertainment Channel. He questioned if TCI Kitsap County has that channel, why can't Bremerton. He agreed with Mrs. Cooper on the recommendation that MTV programming be removed and he would prefer that it be replaced with Black Entertainment. Patrick McDonald, TCI General Manager, stated the FOX News Channel is a new 24-hour cable network that uses the world wide resources and is the third largest media company in the world news corporation. This will bring to the viewers the resources of 6,500 news professionals around the world with domestic bureaus in New York City, Washington D.C., and Chicago/Los Angeles. International Bureaus are located throughout the world. It will utilize the cutting edge computer technology and will present news in a way that is more visually interesting than news typically presented. This is a network that will vie neck and neck with CNN, which has been the only world news network dominating the area of world news. This is a network that has been worked out with TCI as an exclusive agreement whereby no other network can carry the programming; therefore providing a competitive edge against other programming entities. Mr. McDonald reassured everyone that there is only one TCI servicing customers in three franchise areas...Kitsap County, City of Bremerton and City of Poulsbo. TCI operate three areas and are regulated on basic and expanded tiers by the local franchising authorities in those areas. Three years ago they secured a 10-year franchise agreement with Kitsap county. When TCI secures an agreement of that length, they borrow money to rebuild the system. Kitsap County was rebuilt with 10 million dollars over a three year period. The rebuilt process is basically wiring an entire new cable system from the head end out to the subscriber's home, including the subscribers drop. TCI is currently in the franchising negotiation process with the City of Bremerton and they have a one-year extension. With only a one year extension they cannot secure the dollars required to begin the rebuild process. When negotiations are complete, the rebuilt process will beginning in Bremerton and more channels will become available. Kitsap County is TCI's largest subscriber base. The program differences are difficult. C-Span was initially } TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 9 of 29 created by cable programmers and their dedication to C-Span is such that they brought C-Span II to Kitsap County where they had the availability of channels. As new channels become available and the market place changes, they have to look toward programming services they feel will put them in a competitive position for program and offerings. In doing this they consider a number of factors, when it comes to adding or changing channels, they must balance their decision carefully taking into account the needs of their customers, contract restriction with the programmer firms that they offer programming through and also the expense of carrying the various networks. Six months ago, they were faced with bringing in Northwest Channel News, which was a very strong network. At that point, CBUT, C-Span and Sneak Preview were networks that were restricted as far as the ones that can be moved or removed from the system; however, they removed Sneak Preview. A number of individuals use Sneak Preview to look at the different premium networks, but that line up was changed, much like broadcasters, with programming to make sure the line up is fresh new programming. TCI just completed negotiations with KBGE, a must carry situation. If a local broadcaster, and there is one in Bellevue, claims must carry status they must be carried on TCI's system. KBGE claimed a must carry three months ago and they were having to delete both C- Span and CBUT at that time. Through a 3-month negotiation with KBGE, they were allowed to launch them in other areas of their subscriber base outside of the City of Bremerton. In doing that, KBGE has been added to rebuilt areas and they have, through the arrangement, not requested must carry in the City of Bremerton; therefore leaving C-Span and CBUT in the area, but it was necessary to combine them into to one network. Unfortunately, those two networks throughout these variables were the ones that needed to be moved and were moved to Channel 19 in order to retain them. CBUT has a number of blackout periods and up to this point those times remained blacked out, but now during those time periods C-Span will be interjected. They will work with every must carry operator in the area to work around them claiming must carry on our system. He emphasized TCI does not take these decisions lightly. The situation with Channel 19 is what they call ghosting. Channels 4,5 and 7 broadcast signals out of Seattle that TVs and VCRs are designed to pick up. Seattle has a tremendous problem with ghosting as does other surrounding communities, but the TV not only picks up 4, 5, 7, and 13 delivered by their cable system, but also by the transponder in Seattle. It then shows two images, double images, ghosting and it is more prevalent if connectors are loose, but VCR tuners are tuned to receive signals on that network. They have ghost-busting technology that takes ghosts out of the system. Converter boxes help reduce ghosting, but the TVwill always try to pick up a signal that is delivered in that frequency. A paging network uses the exact same frequency as Channel 19. TCI has done TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 10 of 29 everything they can to mask the signals from their cable equipment, but a TV or VCR will pick up the paging network as it spikes through the area. Nation-wide cable companies wrestle with this issue. As the system is expanded, they will again bring those services back and he used the Weather Channel as an example of such action. In situations where 38 channels are not enough in addition to the Segan Pay-for-View channels, they do offer a month-to-month satellite, which is a complete different technology. TCI also offers a month-to-month cable package that is not a long term agreement that offers additional services as they work through adding additional programming. C-Span is also on that package as are a number of other channels. He noted that system does not have local channels, which is one of cable's strong points. Mr. McDonald believes TCI does a good job delivering the wide variety of services they offer. Mr. Winters stated as a cable subscriber he agreed with Mrs. Cooper that the CBUT coverage of events is a wonderful alternative for viewers. He found it hard to believe that TCI in Bremerton tries to balance out to its viewing public and questioned how many 11-14 year olds pay for MTV. His child doesn't pay for MTV, but he wants to watch it. Mr. Winters does not pay for HBO, but on Monday morning he woke up at 5:30 A.M., turned on his TVand found he was watching a topless dancer on the hood of car in a drive-in theater. His son was minutes away from entering that room as he prepared for school and would have had easy access to that kind of programming. He noted HBO was running that program free to viewers. He hopes TCI can put some controls as to what they program when they decide to run it free. He asked Mr. McDonald to relay that concern'to the higher ups when they switch programming. He asked what is the true problem of going to Channel 38 or 39? Mr. McDonald stated the cable system as designed carries a specific frequency that is receivable by television signals, typically called a 330 megahertz system. He could put 38 more channels on the system, but the equipment on the telephone poles, the devices that amplify the signal down the line, would not transmit the signals beyond that frequency. As the system is rebuilt, more capacity is gained to send those signals. Digital Compression is another future technology that will allow them to do that, but currently it is not cost effective for the cable company. Mr. Winters asked Mr. McDonald if he attended the last Bremerton Cable Access Committee meeting and how many members of the general public attended that meeting? Mr. McDonald stated he did attend that meeting and to his knowledge no one from the general public was present. Mr. Winters stressed the importance of the public getting involved with these issues. He disagrees with the proposed action to move CBUT and C- Span to share one channel. Mr. Neville questioned Mr. McDonald's statement that CBUT has TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 11 of 29 priority over C-Span? Mr. McDonald stated it is not a priority, but rather a time share situation between midnight and noon. But, they are also looking at the use of CBUT blackout times (12:00 - 1:00 P.M.). The feeling was that it was an east coast feed with a 3-hour difference and the majority of the programming was taking place during daytime hours and that a midnight to noon or one P.M., would capture the events taking place on the east coast. The evening time would be given over to CBUT, mainly news and other features. He believes C-Span will have more opportunity on Channel 19 because CBUT is blacked out by Syntax restrictions that are placed on TCI by broadcasters. Mr. Neville asked how TCI provided a balance of programming, possibly using surveys? He has been a TCI subscriber for a number of years and could not recall being surveyed, except when TCI proposed to remove the Weather Channel? And, he asked how much did the FOX Network pay to get their programming on TCI's system?. Mr. McDonald stated in september 1996 a random survey was taken through a phone poll to identify program networks. At that time, they were launching Northwest Channel News and identified a number of channels that were not often viewed. That was how Sneak Preview was changed out for Northwest Channel News. Mr. Neville noted then those surveys are taken during normal working hours for TCI, which did not include households where both parents were working. Mr. MaDonald explained the survey was conducted by a third party for TCI and they determined when those specific phone calls were made. In regard to Mr. Neville's question about TCI receiving compensation from the FOX Network, TCI pays a license fee to FOX News to carry the FOX News Network and the one offering they have put forth is to assist them with funding to rebuild their cable system so that programming could be brought in earlier to certain areas. TCI sees that as a very competitive offer. Mr. Neville questioned with FOX Network coming on the system will Bremerton then be funded for the rebuilt? Mr. McDonald stated it is a definite possibility that monies being sought by FOX News network to work in this area. TCI has a national contract arrangement; however, he could notquote specific amounts. Mr. Neville asked the number of cable programs capable of running through one channel and are four different networks vying for time on one channel? Mr. McDonald stated he did not think having four different networks on one channel would give them a competitive edge in this market place. Mr. Neville asked if there was anything in the FCC regulations to stop TCI from taking such action? Mr. MoDonald stated he was not aware of any such rule, but he could not foresee his company moving to such an option. Mr- Neville asked if there was anything in the by-laws or regulations under TCI's franchise about taking a channel that is good picture quality and moving the programming to a channel that has very poor picture quality? Kathleen MoCluskev, City clerk, stated the FCC Rules contain rules regarding technical standards, capability of the company and technical performance; however, she was not aware TAPE #1408 City Council Reg. Mtg. Minutes September 18, 1996 Page 12 of 29 of any that addressed moving programming from one channel to another. The City does have some ability to require testing on channels where things are not working properly, i.e. ghosting, to get the company to provide a certain level of performance. Mr. Neville pointed out the City has had a good working relationship with TCI; but it was stated earlier the franchise is operating under a 1-year extension. He asked when that contract expires how do we get into a competitive nature where there might be another company introduced to go for the same service area or is it strictly TCI and the good relationship they have built with the City to upgrade the service? Ms. McCluskeV explained because of the infrastructure that a company like TCI has in the City, another company will not bid to provide the same service and is not seen any where in the nation. When someone talks about a "monopoly" they should understand a franchise is an open franchise and the city would welcome anyone offering similar services and it is not an exclusive to TCI. The reality is, that does not happen because of the cost of the infrastructure of the company. The 1-year extension is solely for the purpose of continuing the existing franchise and negotiating a new franchise, which could be any where from a 1-10 year franchise and will definitely depend on negotiations. Typically, the longer the franchises the more chance the City has of getting what they want in terms of upgrades, public access channels, etc.. She believed the idea of any competition is probably highly unlikely. Mr. Neville asked Mr. McDonald if TCI kept records of the number of people calling into voice their complaints and if so, is that information available to the public. Mr. McDonald stated they do keep records and they have 13 phone lines for customer service and sales. TCI received a number of requests that they track as far as channels people would like to see, channels that are less often viewed, channels being moved or programming being deleted. Recently, such complaints have been light because of the notification sent out the subscribers. As changes take place more people will become aware of the changes. As far as operating in the local community, TCI has a number of services that no other system provides in this area. TAPE #1409 Mr. Montgomery commented that Mr. McDonald's comments came directly from TCI corporate office; however it still did not answer the question "why". He did not understand why TCI did not use their billing system to include an opportunity for the subscribers to fill out survey information. In that way, subscribers would be treated equally. He felt TCI is doing a great disservice to the Bremerton residents by not putting on programming they desire. He questioned what channels are telecasting special programs? McDonald explained the special programs are delivered through various megahertz areas on the band, for instance there are a TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 13 of 29 number of channels with frequencies that TV's don't normally pick up like 98 and 99, and also in what they call the upper areas of the channel line up above 38 and 39 where video quality can be poor they deliver a digital signal that is still able to transmit at that frequency and delivery digital signals to homes. Mr. Montgomery asked why can't TCI put good broadcasts on those channels and put the poor broadcasts on channels 19 and 20? McDonald stated the channels at that frequency do not transmit the good video picture quality. He noted channels 39 and 40 would be worse than channel 19. Mr. Montaomer~ questioned if he understood correctly that TCI could not get funding to upgrade the system in Bremerton unless they are successful in getting a lO-year franchise agreement? Mr. McDonald stated they go hand-in-hand for them to rebuilt an area. Mr. MontUomery stated basically that doesn't give the City a choice. It is unfortunate that the Bremerton subscribers don't all collectively call up TCI and cancel their cable service. That kind of action would send a strong message to TCI's corporate office. Unfortunately, he knew that would not happen because a lot of people depend on the cable service for news. Mr. McConnell asked what does the FCC say about the paging interference? Mr. McDonald stated remarks have been made to the FCC regarding interference of paging networks; however, the FCC has not made a ruling, so TCI has no recourse to resolve that problem. Mr. McConnell asked if TCI had requested a ruling or just identified a problem? Mr. McDonald stated TCI complained to the FCC about interference experienced on Channel 19 being used by other networks. Mr. McConnell suggested TCI request a solution to the problem from the FCC. He asked why is the FOX Network being placed on Channel 37 and C-Span being moved to a channel he cannot watch due to distortion of the picture? Mr. McDonald explained TCI offers, at no charge, to check any in-home connection to make sure cables are properly hooked up so that the residence is receiving the transmission as it is being sent out. However, if the problem is found to be a customer situation, there is a charge of $11.00 to correct that situation. Most ghosting and channel 19 problems can be cleaned up in specific situations. Mr. McConne11 stated he believed TCI satellite dish was picking up the extraneous signals. Mr. McDonald stated TV's and VCR's will all pick up the transmitted signals. Mr. Colvin asked who determines what TCI must carry? Mr. McDonald explained it is a set of FCC instructions that if any full powered broadcast network within our area of dominate influence, if they qualify for a number provisions, they become eligible for must carry on the cable system. For instance, Channels 4, 5, 7, and 13 can claim must carry or retransmission consent. KBGE is a new network in Bellevue that is claiming must carry within the area. TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 14 of 29 Mr. Colvln asked if TCI received a subscriber petition on issues would that have any impact on program decisions? Mr. McDonald stated they always take into considerin~ feedback they receive from subscribers regarding network programming. Again, every channel has a group of people that enjoy that specific type of programming. Mr. Colvin asked what Mr. McDonald would do to mitigate the citizen concerns he heard during this discussion? Mr. McDonald stated he would work on the Channel 19 siltation, looking to possibly relocate the two programming channels to another area and work in the future as best they can to bring additional capacity to the area. Mr. Colvin asked what further actions, as citizens, can we take to help Mr. McDonald mitigate the circumstances? Mr. McDonald stated information is tremendously helpful and they base decisions on the number of requests for programming. Mr. Winters asked if TCI had written results of the random telephone poll referenced by Mr. McDonald? Mr. McDonald stated he believed he had that information and could make it available to Council. Mr. Winters stated for clarification the wonderful viewing on Channel 37 will probably change to Channel 19 and now that channel can be cleared up for an additional $11.00, but CBUT and C-Span will be moved to Channel 19. Mr. McDonald stated TCI can come out and to the best of their ability clean up problems with Channel 19 at individual connections to eliminate the signal interference. However the TV and VCR will still try to pick up a Channel 19 signal as it still picks up a channel on 4, 5, 7 and 13. Mr. Winters stated Ms. McCluskey and Mr. McDonald mentioned that TCI is more or less has the exclusive franchise in Bremerton. He questioned if there was an agreement between TCI and Falcon Cable as to who works in the Bremerton area? Mr. McDonald stated no, there is an overlap of service in a number of areas along the perimeter. Mr. Collins stated citizens of Bremerton can request TCI to remove their cable service, which he feels is his recourse. Mr. McDonald emphasized anyone with concerns about programming in the process of rebuilding the system, which does take time, does have the opportunity to subscribe to a month-to-month satellite program through TCI. President Law stated Mr. McDonald could discern the unhappiness expressed during this discussion, which results in the feeling that residents of Bremerton are hostage because we are forced to negotiate with TCI. Obviously, if the City felt the negotiations were favorable to Bremerton, we would have signed a negotiated agreement long ago; however, such an agreement has not been signed. #0470 TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 15 of 29 8A - PURCHASE OF 6.5 TON TRACK-MOUNTED ASPHALT PAVERMAULDIN MODEL 1500, #AB96-205 Notice requesting sealed bids was published starting August 1, 1996. Two bids were received with Columbia Equipment being the low bidder in at a net cost of $42,467.00 (see attached breakdown). Funding will come from and equipment will be placed into the Equipment Rental Reserve Fund. Bob Tulp, Public Works Operations Manager, stated he would standby for any questions. Public comment - none. M/S/C/U(Montgomery/Colvin) to approve the purchase of the Mauldin Model 1500 Track-Mounted Asphalt Paver. 11A - PUBLIC HEARING TO CONSIDER AND ADOPT THE HARRISON DISTRICT PLAN AS AN AMENDMENT TO THE BREMERTON COMPREHENSIVE PLAN; AND ORDINANCE (FIRST READING), #AB96-213 The Harrison Plan was prepared to identify and address the concerns of the people who live, work, or own property in the vicinity of Harrison Hospital and its surrounding business district. The Plan was prepared over the past year by City Planning Division staff. Public involvement was encouraged at neighborhood meetings held within the district, as well as study sessions and public hearings before the Planning Commission. At the end of June, following the Planning Commission's hearing and approval, the Plan was submitted to State agencies for the required 60-day review. No comments were received as a result of that review. The Plan is now ready to be considered for adoption by the City Council, as recommended by the Planning Commission. Kay Wilson, Planning Department, identified two handouts provided to the Council members and the public: (1) Shoreline Public Access; (2) Summary of Recommendations For the Harrison District Plan. She pointed out this public hearing will make the 10th public meeting on the Harrison District Plan. Five of those meetings were held within the neighborhood, including one Planning Commission study meeting and the City Council has discussed the plan during three Council Study Sessions. The five neighborhood meetings took place between June 1995 and June 1996. There were two main issues that came up at the meetings with the most prominent issue being traffic circulation. Ms. Wilson displayed a map showing several intersections identified as problem intersections. The map also showed the boundaries of the district... on the south by the Port Washington Narrows, on the west by the Warren Avenue Bridge, on the north by Sheridan road and on the east it runs down Schley Blvd., and down past the Eastpark TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 16 of 29 nature area down to the shoreline next to Bremerton Gardens. The main transportation problem has to do with the intersection of Old Wheaton Way with Sheridan Road and what we call upper Wheaton Way, old or lower Wheaton Way with upper Wheaton Way just beyond the Warren Avenue Bridge. Other areas were discussed, a major one being Campbell way connector that is used as a shortcut to get from Lebo Blvd., to lower Wheaton Way. The plan did address those intersections and made some minor and major recommendations. Current zoning and Comprehensive Plan designations were addressed and it was found that the current zoning did not encourage medical uses; however it did allow them. The use within the Plan area is a combination of Professional Office (PO) and General Business (GB) and medical offices are allowed in both of those zones. It was felt that it would be an advantage if the area surrounding the hospital had a special medical type zoning and Comprehensive Plan designation in order to encourage medical usage because Harrison Hospital is a regional medical center that is very important to Bremerton's economy and quality health care. Such a zone encourages medical uses, but does not allow non-appropriate uses like used car sales, drive-in restaurants, hardware stores, etc.. The Plan recommends that the Comprehensive Plan be changed to include a Health Care Center designation. Another new zone that made sense was along the shoreline. Currently, the zoning is General Business and Professional Office and Comprehensive Plan designations along the shorelines. This zoning is tailored for an average lot in the City and did not make a lot of sense when applying them along a shoreline area. The plan is recommending a new Comprehensive Plan designation called "Shoreline Mixed Use" and a new zoning designation. The third change on the Comprehensive Plan for this area would be a rezone of an area north of Callahan Avenue and just adjacent to the Warren Avenue Bridge approach from Professional Office to a Multi-family zone, the same zone as the rest of the properties in that general area. The reason why a Multi-family zone was felt to be better for that area was the site has been zoned Professional Office for 8-9 years and none have been developed in that area. Apparently, there is not a market for professional offices in that location; in the meantime one of the needs identified through the planning process was for more multi-family zoning. It seemed like a logical step to change this area north of Callahan and east of Warren Avenue Bridge approach from Professional Office to Medium Density Residential (MDR). Those changes will be made to Chapter 6. Chapter 7 goes into proposed recommendations for changing ordinances and development regulations and one of those recommendations is to rezone these properties according to the Comprehensive Plan Map changes. TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 17 of 29 The two major transportation recommendations in the plan are that a new south bound off ramp be constructed so that it would come out on Lebo where the existing bridge approach is today for south bound traffic; and in conjunction old Wheaton Way would be reconfigured by closing the Sheridan Road exist and the preferred reconfiguration would be through the center of the old Olympic View school site and exit across from the Jr. High School driveway. The plan also recommends dead ending Ash Street at Harrison Hospital and reconfiguration of Campbell way in some manner. The final major issue - shoreline public access - surfaced at the last minute in the process and there was not time to digest it and come up with a recommendation yet keep the plan on schedule. The Planning Commission approved the plan as presented to them and also encouraged staff to keep working on this new issue. Under existing Shoreline Management requirements, any development that goes in on any shoreline in the City is required to build a public access pathway along the shoreline. The subject shoreline has an extremely high and unstable bluff and it became clear property owners felt this would limit their options, which are already severely limited by the bluff because they have such narrow parcels along the street. The property owners were quite emphatic that requiring pathways along the shoreline was inappropriate for their area, so the Shoreline Public access handout puts together an alternative for Council's consideration. She noted if a pathway segment is required every time someone redevelops one parcel in this area, it will take many years before a pathway system is built and possibly might never be completed. The recommendation is the City adopt the plan saying along this shoreline only the.public access requirement should be met by a street-side pathway system, which may or many not all fit in the right-of-way. Therefore, it is also recommended that an easement be granted along the street for the pathway, if needed, and that the easement be no less than 10 feet. The reasons for the 10 foot width is that today if you build a parking lot along that street, the parking lot must be setback 10 feet and it will have to be landscaped within that 10 feet. It makes sense that a pathway could run through all or part of the landscape area or possibly just run along the street with the landscape being a buffer. If the concept is approved by Council, further studies would have to be done to determine what would fit within the space of the right-of-way and how much, if any, property would be needed on private parcels. Staff views this as a good trade off for the property owners by getting a plan that works better for them and the public still has public access to views of the water and public access to the beach would still be provided on City property via Lent Lane. It also may or may not be possible to run a switch back pathway or stairway down Main Street right-of-way; however, that is a possibility that needs further study. The way this would be implemented would be the City TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 18 of 29 initiating a L.I.D. that would go into effect like a sewer L.I.D., where each property owner would pay their share of the total cost over a number of years. And, the City's Shoreline Master Program would have to be amended to make this proposal acceptable. This proposal does suggest that if the Master Shoreline Program cannot be amended in time, because it is a somewhat cumbersome process, it is felt the City could initiate a blanket variance application (a shoreline variance) with the City making a case that the subject area would qualify for this variance, if it were done in a package deal so all of the parcels would be under the same rule. Mr. McConne11 referenced a letter received by the City Council and quoted as follows: "furthermore the prospective purchasers would have to be advised that development would have to be setback on the top of the bluff". He questioned is there is a setback from the edge of any bluff? Ms. Wilson stated today there is not a firm setback. There are two sets of regulations that would apply, the Zoning regulation say there must be a setback from the property line, but in this case the property lines run out into the water. The Shoreline Master Program has a provision for setback, if needed. There is a 25 foot setback in the Master Program for shoreline development, but here again the 25 feet would be mostly if not all under water. So, this proposal would add a bluff setback just to this new shoreline mixed use zone that would have them setting back 25 feet from the top of the bluff. In the Shoreline Master Program, if a property is on a very steep slope the City Building Official has the option of requiring a soil study to determine whether or not the ground is stable enough to build as someone wishes and each parcel is handled on an individual.basis. This recommendation does not change that requirement. Mr. Neville questioned if he understood correct that the pathway system had been in effect a number of years and the responsible person to monitor that is the Department of Community Development? Ms. Wilson stated yes. Some of the more easy decisions are made by the Director of Community Development and are appealable to the Planning Commission or City Council. Other shoreline applications have to go directly to either the Planning Commission or the City Council. Mr. Neville asked if the pathway system identified during the extensive remodeling of Bremerton Gardens had gone into affect and would that be directly opposite of continuation of the waterfront plan? Ms. Wilson stated Bremerton Gardens proposed only one building be close to the bluff and the decision was because most of their new development was outside their 200 foot shoreline area that is regulated under shoreline management and they did not need to implement the bluff top pathway. Bremerton Gardens did grant an easement along the beach and were required to do some improvements to E. 16th Street for beach access, if they did build the new building on the bluff. Mr. Neville noted amendments to TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 19 of 29 the Shoreline Master Program had taken place in the past and this proposal is not setting a new precedent. Ms. Wilson stated that was hard to say considering there are other properties along bluffs with the City and it might become a precedent for how the City would treat water access along other bluffs. The only bluff that she recalled was in commercial or multi-family use was up along Kitsap Way. This provision does not apply to apartments larger than five units or single family housing. Mr. Overson stated he was trying to reconcile some of the words in Bruce Buskirk's letter with the drawing provided by Ms. Wilson. The letter states Mr. Buskirk's client opposes a bluff top trail system in so far as it crosses the property, but the drawings did not show crossing going along the main portion of anyone's property. Ms. Wilson stated she had not had the opportunity to read Mr. Buskirk's letter, but she did have an opportunity to speak with him and it was her understanding that his client was objecting to the proposal in the plan, which says the pathway must run along the top of the bluff. It is her understanding that Mr. Buskirk's client was comfortable with the subject proposed change. Mr. Overson asked the difference between the trail along Wheaton Way from Bremerton Gardens to the Bowling Alley and a standard sidewalk? Ms. Wilson stated what is being proposed is a landscaped pathway system that would accommodate both walkers and bikers and could either be a separated bike path on the roadway and separated walking path that could be where the sidewalk would normally be located. This proposal does not propose the actual configuration, but rather the general concept. Mr. Overson asked where would a pathway be located for the Dive Locker and other businesses along old Wheaton way? He felt the proposal asked for an unachieveable project and that it was inappropriate and he doubted it would ever be used; therefore he was opposed to it. Ms. Wilson stated it was felt that a 12-foot right-of-way existed on the side of the street where such a pathway could run, but since that detail has not been specifically identified, the proposal has been broadly written. If Council approves the concept, then there would have to be a follow up study to determine how much right-of-way could be used and how much, if any, private property would be used. For properties like the Dive Locker the plan would have to accommodate existing development. She emphasized under existing rule, the properties would be required to put into place a bluff top pathway and most of the thinking has come around that along the subject shoreline such a pathway would not be a good idea because of the unstable nature of the bluff. What is being proposed is saying the intent of that rule can be met by running the pathway along the street using a L.I.D., which would include improvements to the park. Mr. Colvin asked how would the City acquire the necessary property to implement a street-side pathway? Ms. Wilson explained the City TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 20 of 29 would only acquire an easement over the part of the property used for the pathway, which would be a condition of their Shoreline Permit. That authority is granted to the City under the State Shoreline Management Act, which identifies public access, both visual and physical, to the shoreline. Mr. Colvim brought up the issue that people walking along the shore would be actually walking over private property in some cases and questioned if that was considered to be trespassing? Ms. Wilson noted there have been varying legal opinions on that situation, but has not yet been tested in the courts. She referred Mr. Colvin to a discussion written by the City's attorney's office and published in the Appendix of the Shoreline Master Program explaining the legal basis. She briefly spoke with Dr. Arthur, who wished to comment on this issue, but had to leave the meeting due to a prior commitment. Dr. Arthur wanted the City Council to know that he represented 10- 12 property owners, who approved of the closing or reconfiguring Campbell Way in cooperation with the owners. Dr. Arthur did object to the bluff top pathway system, but is comfortable with the street-side pathway concept. Mr. Colvim pointed out a positive aspect of the proposed pathway and park improvement. Mayor Lynn Horton noted this is the third Neighborhood Plan the City has developed over the past several years. The city has been criticized for developing plans that are not implemented. The first Neighborhood Plan was the Westhills Neighborhood Plan, which looked at infrastructure improvements to the Werner Road-Auto Center Way corridor to enhance that neighborhood. The City applied for and was successful in rating #1 for a one million dollar EDA grant and she is hopeful that by mid 1997 the City will be putting in 2-2.5 million dollars of infrastructure improvements in that neighborhood for future economic development. In that same area, there was a property heavily blighted and she brought to Council, some time ago, an Urban Renewal Plan for that site. Since that time, most of the blight has been cleaned up and she anticipates that property will change hands and be redeveloped. The second neighborhood plan adopted was the Campus Evergreen Neighborhood Plan, which was the springboard for expansion of Evergreen Park and acquiring the properties around Smith Cove. The City is in the process of trying to acquire those properties and conducted a site plan for the park expansion, as well as working with the Department Of Ecology for a mitigation plan so that the City can move forward with the park expansion. Those issues were all triggered by the neighborhood plan. She emphasized it take the City several years to actually implement elements of the plan, with the smaller details of the plan being implemented as money comes available. She does plan to factor in funding for the Wheaton Way off-ramp in the 1997 budget. She thanked all the residents for their input into the Plan. TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 21 of 29 Dr. John Stanley, representing St. Luke's Methodist Church, stated they are completely in favor of the plan as presented. The only reason he was speaking before Council was because he heard the Planning Commission may have down graded an area of the Church's property. The Church believes the zoning designation of multi- family is the best use of the property. Ms. Wilson has shown where it was felt the medium and high density residential should go, which they also support. The biggest objection to the more dense designation is probably the loss of view by the neighbors. There are three houses across the street from the site that could be involved as far as objecting, and at this time only one residence is occupied full time. Dr. Stanley requested Council to put back the high density residential status as previously indicated. Ida Mae Cooper stated she wished the zoning designation on the Church's property to remain as proposed in the plan. She pointed out the burned out house Dr. Stanley referenced is owned by Mrs. Cooper's daughter, who is dealing with their insurance carrier over full replacement cost of that structure that will one day be prime real estate again. The neighbors have fought higher density for this site many times. she pointed out there is a non-conforming legal structure in the upper northeast corner (Kona Village), and is in their back yard. They experience problems with the apartment complex, heavy traffic and noise. If St. Lukes is permitted to change their zoning back to multi-family, it will adversely affect their single family residential property. Her alternative for St. Luke's parking lot is to sell it to the City as park land, which has a beautiful view of the water and Olympic Mountains, not have it built up into multi-family housing. Another recommendation is the change of name to lower Wheaton Way and instead of renaming lower Wheaton Way she questioned why isn't upper Wheaton Way changed to Warren Avenue? Another element of the plan is road improvement, which is #3 on the priority list. As residents of this area, they have waited 35 years to see something happen in the way of significant road improvements. she stressed "do not change the zoning designation from Duplex Residential. Ms. Wilson explained the Planning Commission heard Mrs. Cooper's testimony and recommended a zoning designation change back to a less dense designation of Duplex Residential. Gladvs Buskirk-Weeks stated she has no objection over the proposed plan and acknowledges the Harrison District needs beautification and she welcomes any changes to improve that area. She agrees with the proposal for the street-side pathway even though she was not aware of any soil problems along the bluff. She also believes that more development will happen along the shoreline areas when the Sinclair landing project is completed. Kathern Richardson-Johns asked for clarification about closure of TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 22 of 29 old Wheaton Way at Sheridan Road...does that mean you won't be able to exit or enter Wheaton Way from Sheridan Road? Ms. Wilson stated it would be closed. Ms. Richardson-Johns asked what would happen to the businesses, such as the restaurant? Ms. Wilson explained the proposal is to close off the intersection of lower Wheaton Way and Sheridan Road where it meets Sheridan near the Wheaton Way corridor and to reconfigure it so that it goes straight north through the old Olympic School site. Access would still be available from lower Wheaton Way to Sheridan Road, but not at the existing location. Nothing would change in the area of the Keg Restaurant. Luke Farmer asked if there were any plans of buying properties, multiple or single units within a certain area? Ms. Wilson stated the plan does not propose the City purchase any property for multi- family. All that is being discussed is rezoning the properties identified so that it would be designated for multi-family use by the private sector. David Lewis asked how far up Callahan between Wheaton Way and Cherry Avenue will it be retained as residential? Ms. Wilson explained the existing zoning in the area identified by Mr. Lewis is virtually unchanged. The existing zoning is General Business on the south side of Callahan and Professional Office on the north side. The proposed change is to make a new zoning designation of Health Care on the south and to leave the north side in Professional Office, which will still allow office and some commercial uses. Mr. Overson asked if DR is low density residential? Ms. Wilson explained it is low density residential. Mr. Overson asked if area 8 was being down zoned? Ms. Wilson stated no, they are not proposing any change to area 8. The first proposal that went to the Planning Commission did propose some multi-family along Sheridan Road as objected to by Mrs. Cooper. Mr. Overson raised concern over the recommendation to relocate lower Wheaton Way through an area where current businesses are located. To some, that could represent a taking situation just by the issue of the plan. He asked when does the City have to compensate the property owners for that action? Ms. Wilson stated the plan identifies that as a preferred option and the text of the plan indicates that the City would not initiate that change, but would encourage the property owners to consider such a change and would work with them if they wished. There is a letter from Harrison Hospital saying they are comfortable with identifying Wheaton Way as a preferred option., He pointed out the Hospital own the parcel that would be divided, the site of the old Olympic View School. Mr. Overson asked if there was a time table for the City relocating the street? Ms. Wilson stated the plan is to make it part of the project for TAPE #1409 City Council Reg. Mtg. Minutes September 18, 1996 Page 23 of 29 building the southbound off ramp. Mr. Neville stated he attended several of the Harrison District Plan meetings and found it refreshing to see everyone working together towards a common goal. He liked the proposed new designation "Health Care", and he was glad to see some forward thinking taking place in the Planning Department and among the citizens. Mr. Winters asked if Council is legally in the right position to pursue this? Ian Sievers, City attorney, explained if the ordinance is approved on first reading, it will have a seconding reading the following week and would contain any changes made during this reading. There is no mandatory lead time for first reading of the ordinance. Mr. McConnell noted District 2 did not have a decent park and supported Mrs. Cooper's idea about acquiring St. Luke's property for development of a park. Mr. Montgomery noted he also attended several of the Harrison District Plan meetings and felt the public input came up with some good ideas. (Mr. Montgomery made a motion that died for lack of a second.) President Law stated for clarification any motion should include modifications asked for by Council, i.e. pathway is now .on the street-side, not on the bluff; and the property up on Sheridan Road is designated Low Density. TAPE #1410 #0080 M/S/C(Neville/Colvin) to approve ordinance on first reading, adopting the Harrison District Plan, Exhibit A, which contains amended chapters 6 and 7, as an Amendment to the Bremerton Comprehensive Plan. Vote on amended motion: In favor: Overson, McConnell, Colvin, Montgomery, Neville, Law Opposed: Winters Motion carried. SB - PROFESSIONAL SERVICES CONTIt~CT EXTENSION FOR INS~CE BROKER SERVICES -- WILLIS CORROON CORPORATION, #AB96-206 The City's existing contract for broker services terminates September 30, 1996. Since ongoing services are necessary for the City to secure insurance coverage at the lowest possible cost, the City wishes to extend the contract for two additional years. The #0169 TAPE #1410 City Council Reg. Mtg. Minutes September 18, 1996 Page 24 of 18 service fee will remain at $20,000 per year. Public comment - none. Mr. Neville pointed out that this contract extension for two years is under the same fee, with no increase. Ms. McCluskey added there has not been a fee increase since 1982. M/S/C(Overson/Montgomery) to approve the professional services contract extension with Willis Corroon Corporation of Seattle. Vote on motion: In favor: Overson, McConnell, Montgomery, Neville, Law Colvin, Opposed: Winters Motion carried. 8C - PROFESSIONAL SERVICES AGREEMENT WITH ED FAULK FOR GREENS SUPERINTENDENT AT GOLD MOUNTAIN GOLF COMPLEX, #AB96-207 Mr. Ed Faulk was the unanimous choice from a group of six finalist interviewed by the selection committee on August 16, 1996 to replace Mr. John Alexander as the Greens Superintendent at the Gold Mountain Golf Complex. Mr. Faulk brings 19 years of greens experience to this position, including the last 13 years at Gold Mountain as the Assistant Greens Superintendent. The Agreement is for 3+ years, and runs through 1999. It features an incentive bonus based on the number of rounds in excess of the financial proforma. Jim Spencer, Parks & Recreation Director, took this opportunity to thank Mr. Alexander for his significant contribution to the Gold Mountain Complex over the last 5 years. He clearly raised the standards there, and was a major player in the development of the expanded course. He wished John and his family good luck. The opening for the Superintendent position generated applications from 25 top-notched superintendents from the region. These were scaled down to 6 candidates (4 from Washington, 2 from Oregon), who all went through a very comprehensive interview process. Mr. Ed Faulk came out the unanimous winner. Public comment - none. Mr. Neville commented that Mr. Faulk was looking very formal attired in a tie. Mr. Faulk stated he was very glad to be here, and for having the opportunity to run the 36-hole golf course. He also thought it would be a lot of fun. Mr. Winters requested Mr. Faulk provide } #0397 TAPE #1410 City Council Reg. Mtg. Minutes September 18, 1996 Page 25 of 18 some of his background as information for the public. Mr. Faulk stated he has worked on golf courses for the last 19 years, basically all his life. He started at Dungeness Golf & Country Club in Sequim, was at Port Ludlow Golf Course for four years, Gold Mountain since 1984, and with John since he came to work for the City five years ago. He learned a lot from John and intends to keep up the same level of maintenance. Mr. McConnell stated he sat on the selection panel that chose Mr. Faulk, and he competed against some high quality people. Although he hates to see John leave, he doesn't feel there is a better man than Mr. Faulk to take his place. M/S/C/U(McConnell/Colvin) to approve the Professional Services Agreement with Ed Faulk for Greens Superintendent at Gold Mountain Golf Complex. 8D - INTERLOCAL AGREEMENT FOR WATER SUPPLY WITH THE CITY OF PORT ORCHARD, #AB96-208 The Cities of Bremerton and Port Orchard have re-negotiated the agreement for purchase and supply of water. The reasons for this re-negotiation were: 1) to delete the requirement for a minimum amount of water to be purchased; and 2) to more clearly define surplus water for purposes of this agreement. Paul Lucas, Public Works & Utilities, stated this re-negotiation is the result of an oversight where both cities were not in compliance with the amount of water that was required to be purchased, and with Bremerton giving them a waiver. This agreement is to comply with the auditor's recommendations, and at the same time, an additional requirement was added which stipulates Bremerton's priorities for City customers, PSNS, and then Port Orchard. Public comment - none. Mr. Neville pointed out the priority of Bremerton water customers and PSNS is specifically mentioned, and their needs will always be taken care of first. He questioned does Port Orchard get water from the City on a monthly basis, or on an emergency basis? Mr. Lucas stated he was not sure, but believed Port Orchard must notify the City by February 1 as to how much water they want, and it is through a metering process. Mr. Neville stated he had concern over the way the contract was written. He questioned if Port Orchard does not use the water on a regular basis and the meter should fail and they had used water for the previous two months, would they get it free? Mr. 8ievers stated if its a real irregular usage based on charges of the Port Orchard system, then that may not be a very reliable method. He could not answer what the past pattern of usage has been through #0623 TAPE #1410 City Council Reg. Mtg. Minutes September 18, 1996 Page 26 of 18 the meter. Mr. Meville asked for his recommendation. Mr. Sievers suggested using the same months or time period, for the prior two- three years, for that period the meter failed. Mr. Lucas stated Port Orchard has not used the 10 million gallons they requested and was required over the last three years. Mr. Colvin asked for a history of water that has been provided to Port Orchard. Mr. Lucas stated there are records, but he did not have them with him at this time. Mr. Overson stated the contract, as written, has been in effect for a number of years with no problems. He questioned if Council was making a problem where none existed? Mr. Lucas stated possibly, since the only changes being proposed is to delete the amount of water required to be purchased, and to add the priority of Bremerton customers and PSNS. M/S/C/U(Neville/Winters) to approve and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures, with the amendment to Section 5, that in the event of a failed meter, the Bremerton Water Utility billing department shall estimate the amount of water delivered for the period during which period such meter failed to register by taking an average of the total delivery of water through such meter for the last two months preceding the failure in which water was delivered. 8E - COLLECTION SYSTEM COMPUTER MODEL UPDATE -- BREMERTON WA8TEWATER TREATMENT PLANT, #AB96-209 The first attempt at modeling Bremerton's sanitary sewer system was in the early 1980~s. A technical review of the 1980~s collection system computer model illustrates the need to update the collection system computer model for the combined sewer overflow (CSO) sites and cross-town pipeline to the current configuration. This will allow establishment of new baselines for CSO compliance and provide essential operational and design parameters for system improvement. This update will include technical information about the CSO sites, adjacent pump stations, adjacent collection system, and the cross- town pipeline. The new information will assist with long range planning, CSO Reduction Plan, and negotiations with regulatory agencies and interested parties. eene SamDley, Director of Public Works & Utilities, stated this contract would be with Montgomery Watson, a firm that has done preliminary investigations before, and he is comfortable with their performance. He asks for Council's approval of the contract. Public comment - none. Mr. Neville stated he read the contract and had no problem with it. He did want to let the public know the impact if Council did not #0747 #0775 TAPE #1410 City Council Reg. Mtg. Minutes September 18, 1996 Page 27 of 18 pass this proposal there would be increased capital expenditures, maintains unreliable computer information, would increase the cost of future Comprehensive Sewer Plans, and reduces the City's ability to negotiate a new CSO plan. M/S/C/U(Overson/McConnell) to authorize and direct the Mayor to execute the Professional Services Agreement and Scope of Work with Montgomery Watson of Portland, Oregon, in the amount of $19,896, plus Washington State sales tax, subject to City Administrative Policies and Procedures. 9A - ORDINANCE NO. 4570 (SECOND READING) ADOPTING 1996 AMENDMENTS TO THE BREMERTON COMPREHENSIVE PLAN, #AB96-202 Public comment - none. M/S/C/U(Colvin/Montgomery) to pass Ordinance No. 4570 on second reading, adopting 1996 amendments to the Bremerton Comprehensive Plan. 9B - ORDINANCE (FIRST READING) REORGANIZING HEALTH DISTRICT, #AB96- 210 The draft ordinance continues the joint City-County Health District, establishes a Board of Health, Health Officer, and creates a process for creating and funding the District's budget. Each participating jurisdiction is required to approve the organizational ordinance. Mayor Hotton, stated Kitsap County has the legislative authority to unilaterally take on the responsibility of the Health District as another county-wide department. Because our Health District has been functioning very well for the last number of years as a cooperative board, the County was gracious enough to allow that configuration to continue, with the proviso they take over the budgeting capacity. She thinks it is in the best interest for the City to approve this ordinance, which stipulates that if either the cities or County wants additional services, they may do a supplemental budget and pay accordingly. Public comment - none. Mr. Overson stated that if Sherril Huff-Menees were here, she would support this proposal, and he appreciates all the hard work that has gone into this ordinance. Mr. McConne11 asked for clarification if a City funds a supplemental budget, does only that City benefit? Mayor Horton stated yes. #0898 M/S/C/U (Colvin/Montgomery) to approve ordinance on first reading, #1078 #1102 TAPE #1410 City Council Reg. Mtg. Minutes September 18, 1996 Page 28 of 18 regarding the Bremerton-Kitsap County Health District. 10A - RESOLUTION NO. 2560 AND NO. 2561, ALTERING SPEED LIMITS WITHIN THE CITY LIMITS, #AB96-211 Resolution No. 2560 has been prepared in accordance with WAC 308- 330-270, to reflect deviations from the City's speed limit of 25 mph. The City streets contained in this list have had posted speed limits above 25 mph for many years. This resolution is presented to bring the City into compliance with the "Washington Model Traffic Ordinance". Resolution No. 2561 has been prepared in accordance with WAC 308- 330-270, to reflect a decrease of the posted speed limit of 30 mph on Wheaton Way between Manette Bridge and Sheridan Road to 25 mph. This resolution is presented due to changes in the activities along the corridor, a reduction of the speed limit to 25 mph in accordance with RCW 46.61.400. Mark Souza, Senior Engineer, stated Resolution No. 2560 is more of a "house keeping" item to comply with the "Washington Model Traffic Ordinance". Resolution No. 2561 is something that came about at the Harrison District Plan meetings, where it was brought to their attention that many citizens had concerns about speeds and sight distances along that corridor. There have been many changes in that area from years past, and after further study, it was determined a change in the speed limit would be appropriate. Public comment - none. Mr. Winters asked when the speed limits are changed, what costs are expected? Mr. Souza responded the costs would be minimal, maybe a few hundred dollars. Mr. Colvin asked if a traffic hazard has been documented to warrant the speed changes? Mr. Souza stated there have been sight-distance problems at the intersection of Wheaton Way and Callaban. M/S/C/U(Colvin/McConnell) to adopt Resolution No. 2560, approving the existing posted speed limits. M/S/C/U(Colvin/Montgomery) to adopt Resolution No. 2561, approving the reduction of the existing posted speed limit to 25 mph. 10B - RESOLUTION NO. 2562, ADOPTING 1997-2002 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN, #AB96-212 The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77,010 and RCW 36.81,121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation Local Programs Office. It is intended as a planning #1243 TAPE #1410 City Council Reg. Mtg. Minutes September 18, 1996 Page 29 of 18 tool for local, State, and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution and will be submitted to Washington State Department of Transportation. Mr. Souza stated the Six-Year Plan is prepared once a year, submitted to the state and is used to prioritize projects that the City have within the transportation system in the City. He summarized several changes made by to the City's plan this year. Public comment - none. M/S/C/U(Montgomery/Winters) to adopt Resolution No. 2562, approving the City's 1997-2002 Six-Year Transportation Improvement Program and direct the Mayor to forward the resolution and plan to the Department of Transportation, Local Programs Office. President Law thanked the TV camera crew for their services: Erin Daniels, Nola Daniels, James Noble, David Noble, and Patricia Mathes. With no further business meeting adjourned at 9:15 P.M. KATHLEEN L. M~y President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault Clerk