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
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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
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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
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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
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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
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- 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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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