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