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HomeMy WebLinkAbout05/11/94 COUNCIL APPROVED JUN 0 1 199 CITY COUNCIL MEETING MINUTES MAY 11, 1994 #0038 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, May 11, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Morrie Dawkins, Bob Winters, John Law, Sherril Huff-Menees, David Farr, Richard Neville, A1 Colvin. Also present were Acting City Attorney Leila Mills and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend John richmann of the Bremerton Servicements Center. President Fits announced the Study Session scheduled to be held i~mediately following this meeting was cancelled and rescheduled for Monday, May 16, 4:30 P.M.. CONSENT AGENDA NONE CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing' officer as required by RCW42.24.080, 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/Huff-Menees) on May 11~ the Council does approve for payment those vouchers included and further described as follows: 175170 through 175172, 175193 through 175355, 175191 in the total amount of $366,014.86. COUNCIL MEMBER REPORTS Mr. Colvin reminded everyone District #1 Neighborhood Coalition meeting will be held May 19, 7:00 P.M., at the Sheridan Park Recreation Center. All known Kitsap County political candidates or those aspiring for public office have been invited to participate at that meeting. He noted Don Atkinson and Nancy Buck would provide the rest of his report. Don atkinson, Executive Director of Bremerton Main Street Association, reported on some downtown developments that included: (1) A public meeting on future plans for the "Bremerton Elks building/5th and Pacific, will be held Thursday May 19, 500 Pacific Avenue, 6-8:00 P.M., at the Washington Mutual Bank Bldg., Community Room. (2) A sizeable meeting of downtown business owners was held May 5 to talk about a summer marketing program. Future meetings will be held to develop a marketing plan that will include possible linkage of the waterfront TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 2 of 20 to the upland businesses, signage, placing emphasis on weekends and promotion parking and common hours for businesses being open. (3) There are plans being made for a Jazz event in downtown Bremerton on August 20, in the Park Place building on Burwell and Park Avenue. (4) The Bremerton Sunday Farmers Market has gone well the first two weekends and they are excited about the outlook for the balance of the season. (4) An antique gallery will be opening in the Amy Burnett complex on June I and a possible second antique entity housed in a separate building. Nancy Buck echoed Councilman Colvin's announcement of the District #1 Neighborhood meeting on May 19. Mrs. Huff-Menees congratulated the artists at the Cracked Egg Gallery and she enjoyed their grand opening event held Tuesday, May 10. She reminded District #7 residents that she will hold a District #7 Neighborhood meeting on Tuesday, May 31, at the School District Office on Montgomery Avenue, at 6:30 P.M.. Mr. Law announced District #3's next monthly meeting will be Tuesday, May 17, 7:00 P.M., at the Senior Center on 13th and Nipsic. The guest speaker at that meeting will be Mayor Horton, who will provide a City update and answer questions. Earlier this date he returned from a 2-day workshop on Law and Justice CounCils as part of the Kitsap County Team and representing the City of Bremerton. The workshop was sponsored by the Department Corrections and the objective is to formulate a plan to'improve public safety throughout the County, both urban and suburban. The message he came away with is that all facets of our government want to work together and that includes Judges, Prosecuting Attorneys, Department of Corrections, County Commissioners, Sheriff's Department and the City of Bremerton. It is his feeling that if these segments do not carry the load, others will roll right over them. The only challenge they face is a new law Senate House Bill #2319, which contain new rules, no .funding and needs interpreting. Mr. Farr referenced an Editorial in May 9 edition of The Sun that discussed the numberof expected population grown in Bremerton over a20 year span, the difference being 20,000and 4,000 of new people in the City. Some of the comments in the Editorial were a quote from Kitsap County Commissioner Win Granlund about population numbers being unrealistic and a quote by the author of the Editorial saying that he was right and further saying it was pretty silly to be disputing over the numbers and in his opinion Bremerton would not grow to anything near the 20,000 figure. Mr. Farr emphasized there is no requirement that Editorials be factual and are strictly the opinion of the person authoring them in trying to get across their point. For people like him, there needs to be a warning on the editorial, warning that they do not have to be TAPE #1199 City Council Reg. Mtg. Minutes May '11, 1994 Page 3 of 20 factual. In that article, there were several pertinent facts that were left out, such as the fact'the 20,000 increased population would come over the span of 20 years out into the future, which puts the whole thing more into perspective. The author of the Editorial goes on to say that type of expected growth is unrealistic because of some things that need to change in Bremerton, one being better ferry service. Mr. Farr statedknowing a little of the background, he could see that the population allocation is very key and tied to what kind of ferry service is improved and provided to the Bremerton area. In conclusion, his opinion is that the population issue was not a silly dispute and the numbers are probably realistic and very important. The' way it ultimately turned out was more in Bremerton's favor and he thanked the people who were watching out for Bremerton's best interest. Mr. Neville announced the West Narrows District/Neighborhood Information Network meeting (District #4,5,6) will be held May 17, at Bremerton Neighborhood 'Christian Center at 5th and Warren Avenue. Mrs. Fits introduced Legislative Assistant Merilynn Erhart, who provided an update report on the West Bremerton Information Network meeting held May 9th. She emphasized the wealth of information made available to the citizens through Council District meetings and Neighborhood Information Network meetings and encouraged them to take advantage of those opportunities to meet with City Administrators and their City Council representatives. P~BLIC RECOGNITION Mayor Lynn Herton displayed a recent news article in the Seattle Times publicizing public golf courses in a particular region and Gold Mountain Golf Course was ranked #1 out of all those listed. Competition on that list included Kayak Point in Stanwood and McCormick Woods in Port Orchard, River Bend in Kent, Lake Spanaway in Tacoma and Harbor Point in Everett. The ranking specified Gold Mountain Golf Course is the best buy for the money on regional golf courses. She believes a lot has been done to improve and promote Gold Mountain and getting this type of advertising is worth a significant amount. She also believes it typifies the kinds of assets within our community and that is why she has promoted an additional expansion of Gold Mountain. She views Golf Mountain Golf Course as a "diamond" and she is proud Bremerton has this kind of asset that can be shared with the public. Mayor Horton announced the following young people have been selected to represent Bremerton and the Bremerton Central Lions as part of the City's Sister City Program with Kure Japan: Mary Ann Brady, Sophomore at Bremerton High School; Lara Clark, Junior at Central Kitsap High School; and Kelly Smith, Senior at Bremerton TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 4 of 20 High School. The City is seeking host families for three Japanese students who will arrive July 27 for a four week stay. Anyone interested in becoming a host family can obtain additional information by contacting the Mayor's Office. Upcoming events include: The Bremerton Athletic Roundtable will be hosting Don James, former University of Washington Football Coach, at their May lSth meeting. Reservations and/or information on that event may be obtained by call 373-9192 or the Parks and Recreation Department 478-5305. May 14 - the Vanguard Military Picnic for Armed Forces Week will be held at Evergreen Park, 11:00 AM. May 16 - TCI Queens Pageant, Bremerton Performing Arts Center, 7:00 P.M.. Mayor Horton read a Proclamation proclaiming May 15 - 21, 1994 as NATIONAL PUBLIC WORKS WEEK. City Engineer Randy Witt accepted the Proclamation and thanked the Mayor and City Council for the recognition of the Public Works .Department. Public Works Week is part of a national program by Public Works officials. Mayor Horton announced Patrick Alina has been selected to receive the Rotary's Mayor Community Service Award. The following accomplishments were acknowledged: (1) Patrick's family came to the United States from the Philippines when he was in the sixth grade; (2) a 3.59 grade point average and a lengthy list of activities; (3) spends threes days each week volunteering at Harrison Hospital and Belmont Terrace Convalescent Center; (4) plans to study nursing at the University of Washington next year; (5) participated in the Christmas food drive sponsored by the Salvation Army and St. Vincent DePaul; (6) works in his neighborhood and holds down a part time job; (7) wrestled for the Bremerton High School Varsity team; (8) won ROTC Honors in 1991 - 1993; (9) is a member of the Pacific Asian Cultural, Spanish Peace International .Friendship and Key Clubs and the Black Student Union; (10) instructs martial arts and folk dances. Patrick's parents are Salvador and Delores Alina. Mayor Horton stated one of the things she was most impressed with, as far as Patrick's credentials, was the fact that volunteerism is very fragile and there is always more need than those to provide the service and the constant need to replenish that resource of volunteers. Patrick has stirred other young people to become involved in volunteerism in his school and community and is a shinning example of the youth within our community. Patrick Alina thanked everyone for the award and noted the greatest difficult he has faced is overcoming the language barrier, however, he was helped and encouraged through groups like the Salvation Army and St. Vincent DePaul. He encouraged other youth to step up and offer their services to the community. He felt strongly that inactiveness of youth in the community is what causes some of the TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 5 of 20 problems the youth experience. Kathleen MaCluskey, City Clerk, read into the record a letter received from Mrs. Theodore Wannebo in which she asked: "Is Brem- Air recycling refuse that is recyclable and if not, how can the City justify the recycling charge? Mrs. McCluskey responded that HB 1671 The Waste Not Washington Act mandated a 50% reduction of the solid waste stream through waste reduction and recycling by 1995. As a result of that legislation, the County and cities in Kitsap County adopted the 1990 Amendment to the Solid Waste Comprehensive Management Plan that emphasized waste reduction and recycling as the primary management strategies for reaching the 1995 goal. As 'a result of that law, which the Bremerton City Council passed along with the rest of the community, Kitsap County citizens were asked to reduce the amount of solid waste generated, reuse and recycle far more than they have ever been asked to before.. Yes, recycling is mandatory and the City made it mandatory for single family recycling in 1992, with the multi-family recycling coming on line just within the past 3-4 months. Kitsap County will also have mandatory service level i recycling in the areas with higher density population by summer. The reason it is mandatory whether or not you use it, is to comply with the State Act, but more importantly is to spread the cost. The increasing use of landfills and the problems with the landfills is everyone's problem and whether or not one wants to recycle it is not fair to leave the cost of recycling to those who volunteer to do it. The City did offer a Mini can and the combination of a mini can and recycling costs less than a single can. Mrs. Wannebo did not ask this question, but Mrs. McCluskey wasn't sure if part of her issues referred to where the recycling materials are going...they are not going to the landfill. Brem-Air has repeatedly assured her that every recycled item is going to a recycle market. Mrs. Wannebo's second question had to do. with what is happening with the money from recycling? Mrs. McCluskey stated in 1993 Brem- Air took in $37,200 from recycled products and per contract, the City spits those funds and received $18,600, which is used for education and promotion. Part of those funds are being used for recycling bins that will be placed in City parks this summer. President Fits asked if there was any way to tell if waste going to the landfill had diminished since the start of the recycling program? Mrs. McCluskeV stated because all of Kitsap County is not recycling, she was not sure it that was noticeable at this point, however, she will ask management at the landfill to notify the City if there is a noticeable difference. President Fitz announced Council will hold a Study Session on Monday, May 16, 4:30- 6:30 P.M., City Council Conference Room. Topics to be discussed are: Wastewater Plant Odor Control Project TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 6 of 20 - Professional Services Contract With R.W. Beck, the Sinclair Inlet Watershed Action Plan and the City's Facilities Management Plan. Reverend John Eichmann, Bremerton Servicemen's Center, stated he was pleased that the City and Franklin Memorial Association had worked out the placement of a memorial on the pump station on the boardwalk. A dedication of that memorial will be held June 17, 11:00 A.M. and the public is invited. Kal Leitchman announced the debate between he, Brian Mueller and Mayor Horton and Larry Stone will be rebroadcast on May 12 at 8:00 P.M., and May 16 at 10:00 P.M. on Channel 12. He asked those speaking from the podium to please speak up so people in the back of the Council Chambers could hear what they were saying. Armadeus Davidson, Cracked Egg Gallery, thanked everyone who assisted the students in refurbishing the gallery facility. Their future plans might include a soup kitchen or daycare facility. He requested the City allow the Cracked Egg Gallery to use the gallery space through July due to the amount of refurbishment they put into it. He asked that the City respond to his request as soon as possible. Lastly, he was pleased to announce over 100 people attended the Grand Opening event at the Gallery.. Henry "Hap" Jackson, Third District Service Officer for the American Legion, Chairman for the Indian Education Program/Kitsap/ North Mason Counties/Bremerton School DiStrict, Third Vice President of the NAACP, provided a sport report on each of the organizations he is associated with. The NAACP was founded by Mayor White in 1909. Mr. Jackson came to Bremerton in 1958 and experienced some racial problems, which he and other worked together to resolve. He believes there are racial problems needing to be worked on today in Bremerton, which the NAACP is working on through their Education Program, Historian Program, Political Action, Religious Affairs, housing, labor, etc. In Reference to the Indian Education Program of North Mason/Bremerton, the program was located in one room at the old Bremerton High School, however, it was relocated to the School District Office on Montgomery Avenue. This program currently is operating programs for cultural enrichment, providing social and health referrals, tutoring and explanation/direction for the secondary students and encouraging parent involvement in all programs. The Native American population is very diverse with over 100 different tribal affiliations. The Indian Education program has endeavored to create a great awareness on the part of the Educational system and community agencies to the needs of the urbanized Indian and are dedicated to the improvement of Indian students in academic classes. Debra Chard stated in response to comments made by Mayor Horton and TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 7 of 20 Larry Stone regarding citizen representation during their debate, there may be only one Council member to every 4,000 residents, but she has not met her Council representative personally and she had asked for a District meeting. She was told that her Council representative did not hold District meetings, but she was encouraged to attend a Block Watch meeting. During the debate, identifying problems and eliminating problems were two phrases used repeatedly,that seem ironic to her due to the fact people in Bremerton have identified repeatedly and asked for repeatedly elimination of the problem, but were told such problems do not exist. She felt the City's garbage fee should never have gotten as high as it is and was double the County resident rate. She believes the City Council could have voted "NO" for the increased rate at the time the contract was renegotiated. She has heard that the Pendergast Sports Complex was voted down years ago, yet her family and Bremerton residents are now paying for it to be constructed. She does not believe the tax from 4-6 hotels/motels could subsidize such a large expense. She is personally not worried about 'fire and police protection if the City is disincorporated because she knows it would be taken care of. She has been told that the D.A.R.E. program is run by the County and there are negotiations going on to mergemore services between fire and police between the County and City of Bremerton. She stressed she cannot afford one more dollar of tax for the City's General Fund. She feels strongly that the City is dying, not growing. She does not support the use of a "timer" when citizens of Bremerton are providing comments during Public Recognition at City Council meetings. To her this is an arrogant action. She did not understand why the City does not look beyond the residents pockets for solutions, such as the garbage. She noted that in Southern California there is a pre-pay bag system ($1.00 each), to be used by people who are single, families and multi-plex complexes that participate in their recycling program. She questioned who made the decision to buy magnets, balloons and other trinkets that are being given out at the Water and Wastewater Department? She feels the money paid for those items is the citizen's hard earned money and no one asked them if it could be given away. She questioned why the City did not give out flow constrictors or shower heads like any other water departments in any concerned city? Lastly, she announced the next C.R.A.B. meeting will be held May 12, 7:00 p.m., old KBRO Building at 11th and Park Avenue. Charlens Burnett, Bremerton Parks and Recreation Department, announced the Bremerton Senior Center will hold their annual Open House from 10:00 AM to 3:00 P.M. Summer Day Camp registration is May 16-20. Mrs. Burnett invited everyone to attend the 8th Annual Children's Festival Of Arts on Saturday, May 14, 10:00 A.M., to 3:00 P.M., at Olympic College. TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 8 of 20 Ray Schipingo, VFW Post 3694, announced May 20-21 will be Poppy Days and Post members will be seeking donations for the Veterans of Foreign Wars. Debra Jackson, President Of the Kitsap County Chapter of Blacks In Government, announced Blacks In Government is a national organization concerned with black employees not only in the Federal government but also the City, County and local governmental agencies in.Bremerton. They also raise issues from time-to-time for things that may have come up where folks out in the community have been discriminated against or not treated fairly and she is personally ready to stand up and be counted. She does not see many blacks actively involved in City Council meetings and that was one of the reasons for spurring her on to become involved. There are some young people in the community that are doing things that she does not particular like and her platform as the Kitsap County Chapter of Blacks in Government is to do things in the community that will give them some alternatives outside of the drugs, gangs and violence that they tend to turn to when they have idle time on their hands and are thrown out of the schools with no place to go and nothing to do. Because we are moving towards the year 2000, we need to give youth-at-risk computer skills, help them with reading comprehension and she knows there are people in the community who supports her organization, such as Tim Ryanws Construction Company, who donated space for an'multicultural outreach center. They are working on renovating that space to be used to house a counselor to interact with some of the youth who are having problems in schools or homes. They will also be setting up a computer base/lab where individuals can learn computer skills and enhance their reading abilities. She will be asking the community for support for this program. She also knows there are human rights issues within the Puget Sound Naval Shipyard that must 'be addressed and she is willing to stand up and press to have them addressed. Don Larson, 135 Rainier Avenue, President Of Washington Scuba Alliance, reported his group applied for grant funding for signs for underwater parks and was successful through the Key Bankws Washington Waters Fund. The Professional Association Of Diving Instructors in California also gave them a matching grant. The original intent was to develop some signs for the saltwater State parks in Desmoines and Titlow Park in Tacoma, however, he learned they were already into a project for signs. Now, they are looking at obtaining marine life interpretire signs for Lions Field, Evergreen Park, the boardwalk, and other areas throughout the Puget Sound region. He noted the retail value of the signs are approximately $1,000 each, however, Bremerton has ordered 24 such signs at a cost of $125.00 each. He is working with someone to assist with installation of the signs using donated labor and materials. TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 9 of 20 Andy Parypa stated he watched the debate between Mayor Horton/Larry Stone and Kal Leitchman/Brian Mueller and believes Mayor Horton is very sincere and he agrees with what she said. However, he felt it was very difficult to get factual input with a short notice of what is on the Council Meeting Agenda. Over a year ago, he suggested to the City Council that Agenda packets be released at least two weeks in advance of when it would be acted upon. In this way, the public and the City Council would have adequate time to review the issues. He agreed with Councilman Winters plea to the public that they be more respectful to the City Council, however, when he gives the Council a rather length response to an Agenda item he did not want Mr. Winters to put him down as he did when the lady spoke on the scotch broom issue at a previous Council meeting. President Fit~ explained the City Council Agenda packets are prepared each Friday and two copies are provided to the Kitsap Regional Library for public review. She will bring up the issue of Agenda setting at Council's June 6th Study Session. Ronald Fiemister, 1927 Snyder, downtown business owner (Unique Expressions), stated he wanted to make people aware of the greatness of this City. He related a story about a farmer who wanted to search for diamonds and sold his little "rock filled" farm in order to carry out that search. The moral of that story is the farmer never found his diamonds, but the man who purchased the "rock filled" farm did find diamonds on it and ended up with one of the largest diamond mines in Africa today. This is the way Bremerton is now...we have the best Mayor, best Council members, best citizens in this area and we have a wonderful opportunity to work together to turn around what appears to be dead into something very vibrant. He encouraged people to come downtown and check out the shops. Mary Lou Long stated she watched the recent debate between Mayor Horton and representatives of the C.R.A.B. organization and she had several questions about the Mayor's presentation. Mayor Horton displayed a chart showing the advances the City has made economically since 1985, and she is wondering if some of those economic advances don't incorporate the 6% tax that the City receives off of the Utility bills that citizens are paying. If the Utility rate goes up, then the City would receive a corresponding increase through the tax. If that is the case, she questioned why didn't the City take a stand to alleviate the pressure of citizens .having to pay the high sewer bills by reducing the 6% sewer tax? And, she pointed out the garbage rate includes a 20.4% tax and questioned why didn't the City ramp down the tax at the time Brem- Air was sold? President Fitz encouraged Mrs. Long to attend Council's June 6 Study Session where the issue of ramping down City tax-will be discussed. In reference to the garbage contract, the City had a very limited approval area and could only approve or TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 10 of 20 disapprove the company desiring to purchase Brem-Air based on their financial stability and their technical expertise.' There was no opportunity to discuss rates at that time. Mrs. Long stated prior to that time, garbage/recycling rates were before the City Council and they could have responded in some way in ramping down the tax. She asked if her questions raised at the May 4th meeting had been answered? Kathleen McCluskey, City Clerk, read into the record a letter received from Kimberly Williams, 115 Elm Street, in which she raised the following concerns: (1) her daughter Ashley was seriously injured in an automobile accident and she, the childs mother, was not allowed to accompany her in the ambulance to Harrison Hospital nor was she allowed in the helicopter when Ashley was air-transported from Harrison Hospital to Harborview Medical Center in Seattle. Ashley lived only 41 minutes after being hit by an automobile and it was of great concern that she did not have her mother by her side; (2) lack of crosswalks, flashing lights or signage alerting vehicle traffic of children at play in the Lebo Field area. 6C - HUMAN RESOURCES MANAGER CLASSIFICATION SPECIFICATIONS AND ORDINANCE (FIRST READING) AMENDING BHC 2.50 AND 2.22 AND THE 1994 BUDGET (NOTE: Only Job Description was approved.), #AB94-093 Attached is the Classification Specification for the Human Resources Manager and ordinance amending BMC 2.50 and 2.22. This position will manage the human resources program and services for the City but is not responsible for negotiating labor contracts. A labor relations consultant will be hired on contract for those services. The Human Resources Manager will provide coordination and research in preparation for labor contract negotiations. A contract for labor relations consultant will be presented at a later date. Kathleen McCluskey, City Clerk, stated the salary band goes from band #4 to band #7, reflecting the change in responsibilities. The annual savings will be $6,800, which based on quotes from labor consulting firms would be about the same range of dollars needed to hire a consultant. Included in the documentation is the job description, budget amending ordinance and some attachments to that changing budget document. Ms. McCLuskey pointed out that the positions listed as "Administrative Analysis" and "Wastewater Manager" should be removed from Section 4 (a) of the proposed ordinance. Those two positions will be brought before Council by the Director of Public Works and Utilities at the May 18th Council meeting. Mayor Horton stated as per the discussion at Council's Study Session prior to this meeting, what she is most interested in is #2725 TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 11 of 20 approving the Human Resources Manager job description so that the City can advertise the availability of that position. Additionally, annual savings of $6,800 over the next three years will be adequate funds to hire the necessary consultants for the three labor contracts that will require negotiating services. Public comment - none. M/S/C(Colvin/Law) to approve the Human Resources Manager job description and defer the other items to a later date. In Favor: Abstain: Motion carried. Farr, Law, Huff-Menees, Dawkins, Colvin, Winters, Fitz Neville 6A - APPLICATION APPROVAL FOR 1994/1995 BUDGET - SPRINKLER TRAILER GRANT, #AB94-091 The Bremerton Fire Department/Fire Prevention Bureau has participated for the last several years in being the lead agency sponsoring a Public Education "Sprinkler Trailer" for demonstrations and public awareness. This program has been most successful land in order to do the required annual maintenance, trailer upgrades and order the literature needed for handouts, we must continue to apply for the funding made available through FEMA (Federal Emergency Management Agency). This not only benefits citizens of Bremerton, but County residents along with fire departments and districts, throughout the State.of Washington, who make use of this education tool. Fire Chief Mick McKinley stated this is the fourth year the City has requested FEMA grant funds in the amount of $10,000. Funding over the first years were substantially used on upgrading the trailer, which was obtained from FEMA out of California. The trailer has been used for many educational opportunities at schools, homecenters, etc., to promote the use of sprinklers, particularly in residential homes. Mr. Farr asked if the $10,000 covered all necessary maintenance? Chief McKinley stated. yes, plus provides for printed/handout information. Mr. Winters stated as a new Council member he had not seen the sprinkler demonstration and volunteered to participate in one of the public opportunities. Public comment - none #3039 TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 12 of 20 M/S/C/U(Winters/Dawkins) to approve the grant application for FEMA funds in the amount of $10,000. 6B - WARREN AVENUE COMBINED SEWER OVERFLOW REDUCTION PROJECT - EXECUTION OF THE PUBLIC WORKS TRUST FUND CON8TRUCTION LOAN AGREEMENT, #AB94-092 Last year the City submitted the Warren Avenue Combined Sewer Overflow (CSO) Reduction project for a Public Works Trust Fund Construction loan. The applications are rated based upon project need, available funding, City revenues, and local management efforts. The Warren Avenue Basin CSO Reduction Project was successful, and received a $3,500,000 loan with a payback period of 20 years at an interest rate of one-percent. The action before Council is the execution of the loan agreement. Ranfly Witt, City Engineer, stated this loan was applied for exactly one year ago, and goes through a process whereby it is approved by the Governor after evaluation and ranking. The Warren Avenue project is a combined sewer overflow reduction project and intended to reduce the overflows into the Washington Narrows through a sewer separation project and creation of a new stormwater outfall. The project will be advertised within the next two weeks and public meetings will be held to explain the construction time and process. By usingthis loan, it is estimated the City will save just under 1.5 million dollars as opposed to obtaining funds through the normal Bond revenue source. Mr. Neville read into the record the scope of work: installing approximately 17,000 linear feet of new storm sewers; replacing approximately 100 catch basins and leads; connecting approximately 10 other existing catch basins to new stormsewers; constructing or replacing approximately 80 manholes; constructing a stormwater outfall to drain basin; constructing approximately 2,000 feet of new sanitary sewer; rehabilitating approximately 2,200 feet of deteriorated sanitary sewer; abandoning a leaking beach sewage force main; road restoration as required; miscellaneous work necessary to complete the project. And, all of that work is approximately 70 percent of the total cost. Mary Lou Lona, Baymont Place, questioned is this the part of the Warren Avenue Basin project mandated in a lawsuit settlement? Mr. wltt stated the Warren Avenue project is identified in the City's Combined Overflow Reduction Plan, which was adopted. by the Department of Ecology (DOE) with a Consent Order that it be completed. It is also part of the settlement .with Puget Sound Alliance stipulating by which dates the project must be completed. This project was something the City was going to undertake, however, DOE and the Puget Sound Alliance lawsuit have mandated the TAPE #1199 City Council Reg. Mtg. Minutes May 11, 1994 Page 13 of 20 dates when it must be completed. Mrs. Long questioned if 70% of the 3.5 million dollars is going towards the actual construction, what will the remaining funds be used for? Mr. Witt stated the project construction costs will exceed 3.5 million dollars and what this loan will be used for is actually the construction. The remaining funds will go towards administration/engineering design construction/inspection/testing/permit process. Mrs. Lon~ stated for clarification if Mr. Witt meant that 3.5 million dollars is to take care of some of the work with additional funds being needed? Mr. Witt explained the 3.5 million would take care of a portion of the work that is involved with the project. Additional funding will be provided through the revenues and bonds obtained by the Utility. Mrs. Long questioned if the Trust Fund Agreement was different than the 11 million dollar borrowed funds? Mr. Witt stated when they put together the Trust Fund LoanApplication, they were not sure the City would receive the loan. However, by the time the City completed the bond sale, they were more sure of receiving the Trust fund Loan and that assumption was included in the bond sale and payments on the loan were factored into it. Mrs- Long stated then it is her understanding that the 11 million dollars borrowed was to cover the 3.5 million dollars if it was not available through the Trust Fund and covers the additional needed 'funds. Mr. Colvin stated 'his understanding is that the City is being mandated to carry out the project. Mr. Witt stated the City has a compliance schedule from DOE and is part of the lawsuit settlement agreement with Puget Sound Alliance. Mr. Colvin questioned what the penalty would be for non-compliance? Mr. Witt stated this project was selected as the most effective cso project, which the City intended to carry out prior to it being mandated. If the City did not comply, the lawsuit issue would be opened up, grant funding would be at jeopardy and susceptible to any penalties associated with them. Mr. Colvin questioned if there was any financial penalty for not complying? President Fits reminded Council that a penalty of $10,000 per day could be levied against the City for non-compliance. Mr. Winters stated when the City Treasurer made a presentation on this issue at the Operations Committee he stated there was a lot of "leg work" done by Mr. Witt and asked that he share that information. Rioh Hanna, City Treasurer, stated he wanted the City Council and the public to be aware that this is the first time ever that the City was successful in obtaining a Public Works Trust Fund Loan. TAPE #1200 Mr. Witt stated he must share the credit with Parametrix Inc., who actually filled out this grant application. At the same time last year, the Callow Avenue Basin project was submitted and the City 0183 #0310 TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 14 of 20 was awarded the full amount, however, it was decided to put the entire amount towards the Warren Avenue Basin project and delay the Callow Avenue project. This year, they resubmitted the Callow Avenue Basin project and the Wastewater Treatment Plant Odor Control Improvement projects and are hopeful both projects will be approved. Mr. Dawkinsquestioned what will happen to the traffic/streets when the project gets underway? Mr. Witt stated he would like to provide that information at the public meeting that will be held on this project. During the project construction.they will tryto minimize the impact to the traffic flow. Mr. Dawkins questioned the length of time required to complete the project? Mr. Witt stated they are allowing two summers - the City is obligated to have the project finished by the end of 1995. Mr. Farr stated he understood during the Study Session on this issue that this savings on this particular loan will be considered and factored in on any future Utility rates. Mr. Hanna stated that is correct, unfortunately while the City will save a significant amount of 1.5 million dollars, most of those savings are in the "out" years and the affect on rates in the near term is negligible. Mrs. Huff-Menees asked when will the City know the outcome of the twolother Utility project applications? Mr. Witt stated it takes approximately four months to get through the process. M/S/C/U(Neville/Huff-Menees) to authorize the Mayor to execute a Public Works Trust Fund Construction Loan Agreement in the amount of $3,500,000.00. 7A - ORDINANCE #4460 (BECOND READING) TO EBTABLIBH THE LID FOR SEWER EXTENBION IN A PORTION OF WHEATON WAY (LID #328),#AB94-090 President Fits stepped down from this issue due to a conflict of interest and Mr. Dawkins assumed the position of Council President. Randy Witt,. City Engineer, explained at the first reading of the ordinance the estimated assessment per front foot was reduced as a result of the recently passed resolution adopting LID/ULID Policies. Acting President Dawkins asked the schedule time needed to complete the project? Mr. Witt stated it is anticipated to complete the project this summer. Public comment - none. M/S/C/U(Huff-Menees/Colvin) to pass Ordinance #4460, on second reading, establishing the Wheaton Way Sewer Extension Local TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 15.of 20 Improvement District (LID #328). President' Fitw returned to the Council Chambers at 7:46 P.M. 7B - ORDINANCE (FIRST READING} AMENDING MAINTENANCE OF HAZARDOUS CONDITIONS PERTAINING TO SIDEWALKS(BREMERTON MUNICIPAL CODE 8EC. 11.10.010}, #AB94-094 Chapter 11.10 of the Bremerton Municipal Code (BMC) addresses sidewalks and the duties of the abutting property owners. Section 11.10.010 discusses the maintenance of hazardous conditions and specifies what a hazardous condition is. Although the existing section discusses what a sidewalk hazard is, it does not quantify it to the level desired by the City Attorney, City Engineer or Risk Manager. The proposed ordinance amendment quantifies the sidewalk hazard which would be the minimum criteria for replacement. Randv Witt, City Engineer, stated Title 11 of the BMC discusses streets and sidewalks and Section 10 discusses the duties of abutting property owners regarding sidewalks and specifically it addresses that the maintenance of a hazardous condition on the sidewalk is prohibited; the liability for injury on the sidewalk; and the duty to maintain clean and properly repaired sidewalks. Under Section 11.10,010 - Maintenance Of Hazardous Sidewalks - it states that it is unlawful for anyone occupying property adjacent to a right-of-way to maintain the entire area between the curb line and property line in such a way that it is dangerous or hazardous to the traveling public. It goes on to specify what that could be, currently it is discussed as a defective sidewalk surface including but not limited to broken or cracked cement, stub toes, depressions between sidewalk joints, defective cement surfaces placed adjacent to the public sidewalk, defects in sidewalks or public ways caused or contributed by roots of trees or similar vegetation; defective conditions caused by tree limbs, foliage, brush or grass extending in the area. What is being proposed in the amended ordinance is to better quantify a defective sidewalk. The recommended criteria was developed through a survey of criteria used by other cities in the Puget Sound area. It was found that a number of cities go with 1/2 inch of vertical separation or 3/4 inch horizontal separation as their criteria. A number of cities do not have any criteria and some talk about ADA compliance standards and some talk about whatever their insurance company wants as their criteria. It was felt that the City Of Bremerton needed a measurable criteria of what constituted a sidewalk hazard. Staff is recommending the following change: going with a 3/4 vertical separation (tripping hazard or stub toe) and a 1 inch horizontal separation (sidewalk opening up). He urged Counciles approval of the recommended changes. TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 16 of 20 President Fitz stated because of earlier discussions, she doubted this item would be acted upon at this meeting and asked that Mr. Witt provide some visual aids, possibly using two blocks of wood, when this issue came back before Council in order to actually see what is being proposed. Mr. Farr asked what ADA requirements did other cities refer to as their criteria? Mr. Witt stated it was more a general reference to American Disabilities Act . He did not believe ADA strictly addresses what the City was proposing, but generally requires that buildings, facilities and sidewalk be accessible to the disabled. Mr. Colvin asked which State statute supports the proposed criteria? Mr. Witt stated Council would be creating the statute by amending the Citygs Municipal Code. Mr. Colvinquestioned if State law dictated specific regulations? Mr. Witt stated he did not believe State law got down to that detailed. Mr. C01vin asked Mr. Witt how he arrived at the specific distance dimension? Mr. Witt stated they conducted a survey of surrounding communities in the Puget Sound Area and then discussed those findings with the City's Attorneygs office and the Risk Manager to determine what the City of Bremerton was comfortable with since it is a liability issue for the City in terms of what the standards are and how the City enforces them. Mr. Colvin question the number of claims against the City due to injuries from defective sidewalks? Leila Mills, Assistant City Attorney, stated the City has had several lawsuits relating to such injuries. She emphasized it is clearly a liability issue and if someone does trip over a defective sidewalk they tend to look to the City as the body that should have known about the problem and should have done something about it. It is the staff~s position that the City needs to alleviate problems that exist and make it the responsibility of the abutting property owner to make sure there are no sidewalk hazards. The figures were arrived at partly subjectively based on the experience of the City engineers. Mr. Witt stated there is a requirement in the existing code that abutting property owner repair the sidewalk. The way they deal with that is on a complaint basis and the abutting property owner is asked to repair the problem as prescribed in the Bremerton Municipal Code. He emphasized that requirement for repair by the abutting property is not changing, but what is changing is how the City defines and quantifies the standard. They are tightening up their practice, which is current 1/10 of a foot, and bringing it in line with a more reasonable standard and what other surrounding communities are using as their criteria. ME. Fare asked if Mr. Witt sees many complaints that aren't a result of a lawsuit? Mr. Wltt stated yes, averaging 1-2 per week. The most Common complaint given is when someone stubs their toe and calls the City to let them know there is a problem in a specific TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 17 of 20 area. What they don't want to happen is to have a situation exist where nothing is being done about repairing a problem once it has been identified by a complaint. Mr. Colvin questioned for clarification that even if it is the responsibility of the abutting property owner, the City can be sued if someone is injured as a result of a defective sidewalk? Mrs. Mills explained if the City is sued and allegations made that the City is responsible, the City defends its position bringing into the fact that an existing ordinance specifies the City is not responsibility for maintaining sidewalks. Of course, the City prefers that accidents don't happen at all regardless of the liability issue and desires to make Bremerton a safe place. Mr. Colvin asked if the abutting property owner is liable without exception? Mrs. Mills stated yes, if a problem is identified. President Fits pointed out the abutting property owner is also responsible for snow removal and keeping it free of other hazards as well. Mr. Witt stated there are a number of other things not being changed including plant growth across the sidewalk, snow removal, oil or substance making the sidewalk slick, etc. More complaints are received on the verticalsseparations than any other condition. Mr. Winters questioned how many new sidewalks or driveway along Kitsap Way could be affected by the proposed legislation? Mr. Witt stated the entire length of Kitsap Way had none, however, the City has built new sidewalks and driveway areas that should last awhile. Mr. Winters emphasized the businesses and property owners along Kitsap Way need to know they are responsible for maintaining them. Mr. Witt acknowledged that point is not always brought out often enough. Mr. Colvin asked for the definition of an "abutting" property owner as opposed to an "adjacent" property owner. Mrs. Mills stated the City's ordinance specifically states the "abutting" property owner as being the property right next.to the sidewalk. Andy Par~a, Hayward Avenue, asked that the City Clerk read B.M.C. Chapter 11.10.020 into the record prior to any discussion or vote on this issue. Kathleen McCluskev, City Clerk, read as follows: "B.M.C. 11.10.020 LIABILITY FOR INJURY OR DAMAGE - In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as hereinabove specified, or by the presence or accumulation of ice or snow thereon, or by lack of proper guards or railing on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the City for all damage, injury, costs and attorney's fees, which the City may be TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 18 of 20 required to pay or incur to any person injured or property damaged as aforesaid". Mr. ParvDa emphasized he is not opposed to the proposed criteria and felt it was actually overdue. He is against its purpose and effective date if passed and the Cityts lack of action in preparing this amendment. He will present valid reasons why they should only be a useful guide for the City and not as an amendment to the ordinance. He will show why the entire ordinance should be rescinded and he will cite a State Supreme Court decision that may come as a surprise to. the City Council. In February of 1987 and several months later, he was before Council disputing BMC 11.10, complaining about damage being done to sidewalks and planting strips because existing parking laws were not be enforced yet the abutting landowner' was being held responsible for any payment of claim for injury based on a damaged sidewalk/planting strip. At that time, the City Attorney Ian Sievers stated to him that since the City was not enforcing the laws of parking, the abutting property owner would not be responsible for damage or injury costs. After further parking problems, he came before the City Council on September 23, 1987, to ask that the City Attorney confirm his previous statement that the abutting property owner would not be responsible for injury or repair of sidewalks. Again, the City Attorney stated (TAPE #483) that the abutting property owner would not be held responsible in the event of injury/damage because the existing parking laws were not being enforced. Mr. Parypa pointed out the BMC was never changed to reflect that opinion. Over the past several years Mr. Parypa provided the City with photos and descriptions of areas where sidewalks and planting Strips were damaged, however, nothing was done to correct the problems. When he served on the City~s Parking Committee, the City took action that stipulated the City would be the responsible party for planting strips that were posted by the City allowing parking and that vehicles parked on sidewalks would result in a citation. Several years later he noted some action had been taken, but there is much more to be done. After seven additional years of non- enforcement of the enacted ordinances and laxity on the part of the City, much more damage has occurred. In his opinion, the City is not following its own ordinance and is begging for a lawsuit. Recently, he obtained a copy of the State Supreme Declaration that declares ordinances such as that codified in BMC 11.10 as unconstitutional (Rivett v. Tacoma, 123 Wn. 2d 573 (1994)). Basically it ruled that a woman who sued for injuries caused by a i 1/4 inch "stub toe" elevation on a sidewalk could not sue the abutting landowners because they were not primarily liable since they did not directly cause the damage. It was also ruled that the abutting property owners did not have to indemnify the City for TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 19 of 20 damages paid to the injured person. Under RCW 35.22,280(7), a first class city has the primary duty to maintain public sidewalks in a safe condition. The authority granted by RCW35.22,280(30) to a first class city to abate nuisances and impose fines upon parties who create or continue nuisances does not authorize requiring the owner of property abutting a defective sidewalk to indemnify the City for all damages the City may pay a person injured by the defect. Under RCW4.96.010, the abolition of governmental immunity precludes requiring another party to immunize a governmental entity for negligence of the entity. Mr. Parypa suspected that would also apply to planting strips. Not being a learned attorney, he may be wrong in his interpretation, however, he suggests that the information he presented be studied carefully. Mr. Parypa made the following recommendations: (1) the Council correct some ordinances previously approved andquietly rescind BMC 11.10; (2) use the amendment as a guide for the City, not the abutting property owner and start enforcing the laws; (3) repair the damaged sidewalks and planting strips at City cost before more injury suits appear; (4) that abutting owners of damaged sidewalks and planting strips tell the City to repair them at City cost. Maz7 Lou Long questioned if this item was reviewed by the City Attorney's office prior to it coming before the City Council? If the ordinance is considered unconstitutional by a Supreme Court decision, why didn't the City Attorney's office bring it to the City Council's attention rather than.have'a citizen bring it to their attention? It also upset her that the City Councils' and citizens time was taken up on an item that should have been pulled off the agenda for further study. In her opinion, this is another Case when City government has let the citizens down as a governmental body that is suppose to be performing these duties and responsibilities for the citizens...being charged a lot of money, but they are not getting the service. Mrs. Mills stated according to Mr. Parypa the Supreme Court decision, which she has not seen, was issued by the Supreme Court in April of this year. Most likely the City Attorney's office has not received the advance sheets from the Supreme Court. She did not think it was reasonable to expect them to know what cases come from the Supreme Court as soon as it is out of their office. Had the Attorney's Office learned of the -recent decision, they would have advised the City Council. Mr. ParvDa stated he was able to obtain the Supreme Court decision through a family member, who follows the outcome of Supreme Court cases and he doubted that cities had received their copy of the case law by this date. Mrs. Long stood by her opinion that the City Attorney's office should have been more up-to-date on their review of Supreme Court decisions. And, she noted that Mr. Parypa identified contradictions in the Bremerton Municipal Code that have been long standing and not something that was just discovered TAPE #1200 City Council Reg. Mtg. Minutes May 11, 1994 Page 20 of 20 because it was a recent decision. She was also concerned about vehicles parking on planting strips that may have utility pipes running through them and any damage to those pipes. Elizabeth Buell stated when the sewer project was constructed on High Avenue several years ago trucks parking on the sidewalk cracked two block of cement, which were never repaired. She also pointed out a damaged sidewalk in front of McGavin's Bakery on Callow Avenue. #2485 M/S/C/U(Law/Colvin) to table this subject. President Fitz directed the Attorneyts Office to set work with the Council to set up a Study Session on this issue for further discussion. Mr. Colvin noted two letters were received from citizens that'were not read into the record. Kathleen McCluskey, City Clerk, stated those letters could be included as part of the Study Session. With no further business meeting adjourned at 8:48 P.M. KAT ~q~'~City Clerk ~T~~HEN L. McCLUSKEY, City of Bre KLM/EF/me cc: Normal Distribution File/Vault