HomeMy WebLinkAbout03/18/92 C~TY COUNCIL NEET~N~ ~NUTES
MARCH 18. 1992
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, March 18, at
5:30 p.m., with Council President Lynn Horton presiding.
Council members present: Lon Overson, Wayne Estes, Eileen
Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ
Johnson. Councilman Hank Waibel was absent. Also present were
City Attorney Ian Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Reverend
Wambsganss of Westside Bible Church.
CONSENT ~GENDA
A. Minutes Of Meeting - February 26, 1992, #AB92-068
#0021 M/S/C/U(Fitz/Estes) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as
required by RCW 42.24.080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing that had been made available to the
council.
#0041 M/S/C/U(Colvin/Dawkins) on March 18, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 146003 through 146145 in the total
amount of $231,177.82; and Regular Payroll for the period
ending March 15, 1992, in the total amount of $410,695.83.
President Horton announced Items 7A and 7B would be heard
after Item SA.
COUNCIL MEMBER REPORTS
Mr. Overson extended a special "welcome" to his sister-in-law
and her husband who are visiting from California.
Mr. Estes announced Washington State Ferries will hold an open
house on March 26, 3:30 - 6:30 P.M., where proposed rate
changes will be presented. He recommended that anyone
interested in this fare increase take the time and let the
State know their feelings on that issue. Since announcing his
vacating his Council seat, he has received lots of comments
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 2 of 33
from citizens.
Mrs. H~tz reported she received several telephone calls from
people thanking Council for holding the forum to receive input
in order to develop a Crime and Law Enforcement Policy. Two
of those callers volunteered to serve on a committee that may
be set up to work on any specific parts of a Law Enforcement
Policy.
Mr. Holvin extended an added "welcome" to Councilman Overson's
visiting relatives. On Thursday, March 19, he observed Ian
Sievers, city Attorney, in action in Federal Court. He
commended Mr. Sievers on his defense of the City during a
court hearing issue dealing with the Municipal Court
Administrator. He learned from that hearing that the City
needs to address deficient areas of the City Charter,
especially in the area of defining Department Heads. In
reference to Council's weekly televising of Council meetings,
citizens experiencing problems with audio or visual
presentations do not have any way to contact the TV crew
directly to notify them of the problem. He received several
complaints relating to garbage collection and he referred them
to Mayor Mentor. He also provided Council a copy of another
complaint received from a citizen. Lastly, he received some
complaints about Gol~ Mountain Golf Club, which he will share
with Councilman Dawkins.
Mr. D&wkins reported he attended the St. Patrick's Day fund
raising events, which were well attended and successful. He
thanked Bremerton Main Street Association, Bremerton Athletic
Roundtable, and the City's Parks and Recreation Department for
their help on those events.
Mr. Collins stated there is a group of people working together
in District #7 developing strategies for parking in that area
as well as seeking signatures on what is acceptable to
residents. If anyone would like to assist in this project,
please contact him at his residence or Council office.
Recently, he fielded some heavy handed telephone calls on
"money" and what the City is doing with the money. The single
issue seems to be that people are questioning how their
"property taxes" are being spent. He emphasized not all
property taxes paid by citizens of Bremerton go to the City of
Bremerton. He researched the following information on
dispersement of tax funds: 1992 Tax Levy for Kitsap
County...average citizen in the City of Bremerton is paying
$15.82 for every $1,000 of valuation. Of that amount, $8.75
goes to schools, $2.91 goes to Kitsap County, Port Of
Bremerton receives $ .42, Public Utility District receives $
TAPE %1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 3 of 33
.09 per $1,000, and Bremerton's total with the General Fund,
Emergency Medical, Fire Bond and Library is $3.73. He noted
Bremerton receives 23.6% of taxes paid by City residents.
Mrs. Horton announced Councilman Estes will be vacating his
Council seat as of March 26 and Council is now requesting
anyone interested to call the Council's Legislative Assistant
to obtain an application. Applications will be accepted until
April 1, followed by an interview process by a Council Sub-
Committee April 2-7, followed by Sub-Committee's
recommendation on April 8 and Council appointment to fill ~hat
vacancy on April 15. She extended congratulations to Lena
Swanson, who recently received the Jefferson Award for
citizens who have gone above and beyond the call of duty in
helping people within the community.
PUBLIC RECOGNITION
Mayor Louis Mentor made the following announcements:
1. Wished Councilman Johnson a "Happy birthday" ;
2. Wished "Happy Anniversary" to he and his wife on this date
as well.
3. Population in Bremerton one year ago was 37,040 and has
now increased to 38,092. He extended a special "welcome" to
all those who are new to the City this past year (227
residents were annexed).
4. City of Bremerton and Bremerton Central Lions Club are
accepting applications for exchange students to visit our
sister City - Kure, Japan for one month this summer. Students
at Bremerton High, Central Kitsap High and Olympic High
Schools are all eligible to apply. Application forms are
available in the Mayor's office and the deadline for submittal
is Friday, April 17.
5. St. Patrick's Day Parade held on Saturday, March 14, was an
outstanding success. He was amazed with the turnout of 2-
3,000 people for this event. Other events held during this
celebration were very successful and generated in excess of
$3,000 to be donated toward the Sports Complex project.
6. on Tuesday, March 17, he spoke to a group of people at the
Sylvan Way Baptist Church, at the request of Councilman A1
Colvin. He enjoyed that opportunity, especially renewing a
lot of old acquaintances.
7. State Representative Peggy Johnson and Representative Tim
Sheldon will participate in a "Town Meeting". on Saturday,
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 4 of 33
March 21, 10:00 AM in the City Council Chamber. This program
will be televised.
8. Dixieland Jazz Band Festival March 20, 21 and 22 at the
Bayview Inn.
9. on March 21 the Tsuji Hotel School will hold a public Open
House, 1:00 - 4:00 P.m.. He encouraged the public's
participation.
Bill Enaer, Puget Power Business Manger, reported Puget Power
would be undertaking a Power Pole Treatment and Maintenance
Program throughout their nine Counties service area. He
provided a handout on this program, which are to be provided
to Puget Power customers. Mr. Overson stated he and his
neighbor share a telephone pole, that has been in place a long
time and is not in good condition. He questioned how would he
know if such a pole was destined for replacement and what
would be the chance it could be moved to a more convenience
location? Mr. Enger suggested Mr. Overson contact their
Engineering Department and they will assess the situation. He
noted if it was actually a telephone pole, they might not have
jurisdiction over it.
Terry Bow, 1930 Snyder, thanked the City for fixing Snyder
Avenue. He had serious reservation about how the condition of
the street would be returned after the construction project,
however, the City did an excellent resurfacing job.
6A - INFORMATION ITEM - OVERWATER PARK PROJECT UPDAT~
Dave Baker, City Engineer, stated the overwater park project
is moving along on schedule. Within the past few days all
concrete has been poured between the panels and today they
started placing the trim board along the outside edge. Once
the trim board is in place, that will provide the outside
forms for pouring the final topping on the concrete slab. He
noted the concrete being poured has a rough surface, which is
intentional so that there would be a good bond between that
concrete and the finished slab. If Council approves the Change
Order scheduled for Council's approval on March 25, there will
be a 27 day extension to the contractor's completion date
.... moving it forward to June 14. The project now is
coordinating efforts in placement of the Harbor Master's
office and Turner Joy gift shop. The foundation for the
Harbor Master's office is being installed by Quigg Brothers,
with the Port of Bremerton paying for that change. The
footprint of the gift shop has been agreed upon and Portico is
looking at that footprint with any change order drawings
needed. He noted on page 3 of the update report is a summary
TAPE %1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 5 of 33
of Change Orders. A more detailed summary of Change Order #2
will be coming to Council later. Mr. Baker stressed the
figures of the change orders are pretty good figures of actual
costs, and there is only one estimate on that summary.
Mr, Overson questioned the completion date for change orders
relating to the Turner Joy? Mr. Baker stated as soon as
Change Orders are approved, the contractor then has
authorization to go ahead and order the planks required and to
make the structural changes that are needed. This part of the
project will not change the speed of the overall project,
rather it will move right along with construction that is
going on. He felt it was prudent to stick to the project
completion date. The planks themselves will be out over the
dock to the Turner Joy by the end of March.
Mr. Estes questioned if Mr. Baker could guarantee this project
was going along smoothly now and would be completed in June?
Mr. Baker stated if there are no major changes, and no one
expects any, it should be completed prior to that date, but
certainly by June.
6B - INFORMATION ITEM - SOLID WASTE CONTRACT IMPLEMENTATION
Kathleen McCluske¥, City Clerk, stated the City negotiated a
new 10 year contract with Brem-Air for solid waste collection,
disposal and recycling. That contract was implemented in
February 1992, and as with any contract of that size there
have been a few problems along the road of implementation.
The purpose of discussion at this time is to present some of
the issues the City has been informed of by the public, take
input from Brem-Air in responding to those issues and have
public comment following that.
Russ Johnson, Chairman Bremerton's Solid Waste Advisory
Committee, stated the new contract is in place and shortly
behind it is an ordinance that addresses some of the solid
waste issues, which will be accompanied by a much stricter
Litter Control Ordinance. When the current contract was
implemented, there were two unclear areas - "multi-family" and
"commercial" areas. He believes there has been a good
relationship between the apartment owners and businesses to
help define those two areas. Another area of concern is the
"Tag-A-Bag" program. Under the old garbage collection
contract, one of the most frequent calls the City received was
that drivers were picking up trash that was not suppose to be
pick up and that they were billed for that garbage. The "Tag-
A- Bag" proposal was developed to correct that problem. There
was also concern from some apartment owners, who utilize
dumpster type boxes, claiming unauthorized people were dumping
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 6 of 33
their garbage in their dumpsters. By utilizing the"Tag-A-Bag"
apartment owners/commercial businesses would have the
opportunity to dispose of that unauthorized garbage in some
other manner and not pay the bag rate.
Garbage collection rates were structured to give a lot of
incentive to people who cut down on solid waste by pre-
cycling, recycling and reuse of materials. The two-can rate
is set so that it would be to everyone's benefit to reduce
their garbage output. In the area of multi-family, it turns
out it is not so fair where there is a four- plex (4 housing
units) who could have four garbage cans for one rate, however,
if the owner goes to two-can rate he would actually be
penalized. This needs to be reviewed and adjusted so that it
is always preferable for a landlord to try and coordinate a
recycling program with tenants and use whatever method is most
efficient for both the landlord, apartment dwellers and the
garbage company. If someone has a multi-family unit or
commercial business, they can sit down with the contractor and
negotiate the most appropriate service.
In reference to "Dura cans", they are equivalent to two cans,
and would cost the 2-can rate. In many cases, particularly in
the area of multi-family, that would probably be a preferred
choice of container.
One of the most difficult definitions to develop is what makes
a business "commercial", particularly in the area of home-
owned businesses. Other cities in the Puget Sound region were
polled and revealed that everyone has the same problem as
Bremerton in trying to develop a definition. By the same
token, Brem-Air has gone out to the major haulers within the
region and asked the same question. Multi-family recycling
has not been fully defined, but it will be by the time curb-
side recycling pick up is instituted. There will be the issue
of "how many boxes per resident" or will there be something
set up in the corner of the parking lot that all residents
would contribute to.
At this time, he is looking for people who have found glitches
similar to the two-can rate issue and multi-family usage
issue. He stressed the City wants to work with the community
to make the garbage collection contract "right".
~eor~e Cvitanich, General Manager of Brem-Air Disposal, Inc.,
commended the City Council and staff for arranging this
meeting so that citizens could have input as well as Council
and staff input to try to resolve any problems. At the onset
of implementation of the contract, they developed an in-house
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 7 of 33
form to list complaints that total less than 1/4 of 1% but
that do set a pattern of the same complaints appearing. In
compliance with the contract, they will submit copies of those
complaints to the City. Mr. Cvitanich introduced Ms. Jackie
Hocky, Assistant General Manager and Accounting Supervisor,
who has served Brem-Air for the past 18 years; and Gary
Passmore, Operations Supervisor, who has the responsibility of
implementing all policies set by the City Council. He
preferred hearing comments from the public and would then like
to address those concerns.
Dusty Rhodes, 2513 Reid Avenue, stated raising the price of
garbage pick up will not increase the size of the landfill and
will only create more illegal dumping in open spaces. He owns
and lives in a duplex and has elected to pay the garbage
collection cost for his renter. Previously he paid $32.00 for
two cans and his most recent billing jumped to $67.00. He
found this unacceptable and will elect to using two mini-cans
plus the need for several "Tag-A-Bags" to accommodate
excessive trash.
Roy McInnis, 2711 Maple Street, echoed Mr. Rhodes concern over
the price increase. Currently he has been using one 20-gallon
can and one 32-gallon can, however, he doubted if Brem-Air had
noted the smaller can and was charging him for two 32-gallon
cans. He will probably go to one can and use the "Tag-A-Bag"
for excess garbage. He did not think a 80-85% increase in
collection charges was fair.
Jim Adrian, 621 Washington Avenue and a multi-family housing
owner, expressed the following concerns:
(1) Need for a contact point person in the City.
(2) He is presently having difficulty with unauthorized
garbage dumping and hoped the City would expedite adoption of
a more restrictive ordinance covering such acts. Once that
ordinance is passed, he hoped the public would be informed of
the enforcement mechanism, what level of evidence is required
and who the City contact person is. This is a low priority
for Police enforcement and another contact point within the
City would be more workable.
(3) Seattle is going to a micro can (10-12 gallons) and
anticipating a 15% rate increase.
(4) Redefine the minimum baseline level of service as
"overhead charge" rather than implying it is a service. He
feels this would be more acceptable to the citizens since it
is already used by Puget Power and City water service.
TAPE #1003
city Council Reg. Mtg. Minutes
March 18, 1992
Page 8 of 33
(5) Continue "Tag-A-Bag" program longer in order to give the
program a chance to succeed.
(6) Contract language in both the new and old ordinances does
not define "refuse", however, that word is used in the
contract. When he is cleaning out apartments, he is unsure
what can be considered "refuse". He questioned if "refuse"
was the same as "garbage"?
(7) Single-family dwelling garbage collection was fine,
however, it did does not work for multi-family. Approximately
70% of City residents are renters and of those about 45-55%
live in multi-family buildings. He stressed the need to
provide a program that is structured to permit landlords the
incentive to reduce their solid waste generation.
(8) Mr. Adrian instituted recycling for 28 residential units
in four properties. If the City says he has to pay for one
can per residential unit, the incentive to recycle goes away
totally. Currently, he has seven bills from Brem-Air and he
is convinced four of them are billed improperly. He has
discussed this with Brem-Air and it appears a resolution can
be reached. He believes there needs to be something
established whereby the consumer determines, for multi-family,
what their level of service needs to be, not a negotiated deal
with Brem-Air and dealt on a case-by-case basis.
(9) Question - can mini cans be used for multi-family units?
10. He wanted to know, prior to concluding this discussion,
how some of these questions will be brought to a conclusion?
Geofr7 Hosea, 1544 Elizabeth Avenue, presented pictures
showing his recycling efforts for a multi-family unit, which
was successful in reducing his requirement for six cans down
to three cans.
Don Larson, 135 Rainier Avenue, stated he would like to see a
provision addressed in the contract for 1-2 person households.
He supports the "Tag-A-Bag" program. He did not support
having to settle garbage collection disputes through the Court
system. He also provided information regarding "Fair Credit
Billing".
Miohelle Gibson, Manager View Crest Villages, 3401 Spruce
Avenue, explained she manages a 300 unit multi-family complex
in East Bremerton that is located on 25 acres. Following are
several concerns:
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 9 of 33
(1) Brem-Air and the City needs some type of representative
that people can communicate with regarding their needs. She
strongly supported Brem-Air having a representative for multi-
family owners in order to work out their concerns.
(2) Better enforcement for violators who dump garbage
illegally.
(3) Recycling - soon they will be purchasing a self-contained
trash compactor and questioned how soon will Brem-Air or the
City of Bremerton go to a weight verses volume collection
program. Will Brem-Air or the City come up with some type of
test recycling program for large multi-family facilities?
What products will be recycled, i.e. glass, paper, cans, and
where will they be going and would the cost of transporting
these recycling items end up costing the customer more?
Michael ArnolH, 3202 llth Street, stated he did not support
the public paying for recycling since Brem-Air will profit.
Currently, he takes his aluminum cans to Tacoma where he gets
up to 60-70 cents per pound. In the Auburn/Renton areas they
have a recycling program implemented whereby dumpsters are
located in parking lots so that citizens can drive up and dump
their recycables. He did not like the idea of Brem-Air
garbage collection trucks have polished aluminum wheels and
felt this was not a prudent way to spend money.
Terrie Adams, Manager of a 44 unit multi-family complex,
reported their garbage bill went up almost 200% under the new
contract. She reported her complex has been utilizing 17-18
cans and have volunteered to implement recycling procedures.
The bulk of her tenants are senior citizens on fixed incomes.
She was very disturbed that her garbage collection rate went
from $100.00 to $293.00 in one month.
Rick Verhelst, 4310 Kitsap Way, Manager of Thunderbird
Apartments (20 unit adult only complex) - 1142 Wheaton Way,
reported his complex caters to tenants who are 63 years or
older. Over the past 30 years they have serviced this complex
with eight garbage cans and as of February, 1992, they are
being charged for 20 cans. He found this amusing due to the
fact a large number of his tenants are elderly ladies in their
80-90's and they might have one or two bags per week. He
considered even doing good PR work in his neighborhood and
invite neighbors to share the dumpster they are being required
to use. He was told by Brem-Air that there was no flexibility
on that issue and he asked if the complex could go to 20
gallon cans. He was informed that the 33 gallon can was all
that would be available. At that time he questioned "what
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 10 of 33
about recycling" and was told it was not implemented yet.
There does need to be some flexibility within the program and
he strongly supported having a specific representative at
Brem-Air for multi-family housing available to work out
problem areas.
Linda ForbeS, 2126, 2126 1/2 7th as well as a small rental
house on Hewitt Avenue, stated she was told by Brem-Air that
she had to have one can per unit even though she has one
person living in a house and the duplex who could get by with
one can. She did not understand why there was such a variance
in required cans between different types of multi-family
housing. Before the "Tag-A-Bag" program came into being, the
garbage collectors would pick up trash that was laying around.
She currently has a bill of $90.00 for picked up illegally
dumped trash that was set by her cans. If she did not pay for
that extra garbage, a lien would be put against her house.
When people call Brem-Air they should be more understanding
when trying to figure out what is happening with this new
contract. She was also told if she did not like the rates and
policies of the garbage collection, she should take it up with
the City Council.
Ms. McCluske¥ read into the record letters received from Bert
Gegner and Owen Tripp, outlining the following concerns: (1)
present contract charges the landlord of a five unit apartment
more for one billing than for each unit of five billings for
the same one can per unit service; (2) Brem-Air and City
should encourage multi-unit service on one bill instead of
multiple billing and the overhead charged saved could be
better utilized by Brem-Air in recycling efforts; (3) City and
Brem-Air should consider addressing rates of garbage cans per
dwelling units, not just numbers of garbage cans per apartment
unit; (4) previous extra garbage bag pick up was $2.00 - new .
charge of $6.00 is "out of sight". Will the present charge of
$6.00 for an extra bag turn ditches and back woods areas into
dumping sites; (5) desire to have equal credit for those weeks
we do not put out garbage, i.e., vacations or inadvertently
forgot to set out garbage; (6) should customer be given
partial credit for can only 1/2 full? (7) recommend that all
customers of one year standing or more be issued four tags
without charge and issued each January with the billing for
that month for use any time throughout the year.
In response to Mr. Larson's comments, the contract provides
for a Hearings Examiner process to hear disputes. This is an
internal process to the City and the purpose is to make it
simple so that the public with the complaint can go through
that process and not have to hire an attorney and go to Court.
TAPE #1003
City Council Reg. Mtg. Minutes
March 18, 1992
Page 11 of 33
The $1.75 rate, which was in the old ordinance, will not be
included in the new ordinance. The lowest rate for single
family will be the mini-can rate.
Mr. Johnson stated in response to Mr. Arnold's comment on
recycling revenue, since it is not known what the market
climate will be for the recycled articles, the rates have been
based strictly on expenditures. When revenue comes in there
is a scheme where the City and Brem-Air will split those
revenues. For a small percentage Brem-Air will get the most
revenues to cover their cost of operations and to make a
reasonable profit. Once a threshold is reached, the City
would receive 90% of the funds, which would then be cycled
into recycling programs and education. In response to the
question of which commodities will be recycled, he listed the
following products: newspapers, glass, plastic, magazines,
aluminum and tin cans.
In reference to the comment regarding "weight" verses
"volume", as soon as it becomes practical to implement such a
program the city would like to have garbage removed by the
pound. Best estimate for that happening is within five years
at the earliest.
Mr. Johnson stressed it was never his intention to encourage
large apartment complexes to set out 45 - 300 garbage cans and
if the contract language states such, then it needs to be
readdressed with Brem-Air.
Mr. Cvltanich readdressed the following concerns:
(1) complaints procedure - a City Hearings Examiner process
will be used to hear unresolved disputes between Brem-Air and
the customer;
(2) customers pay for the commodities of recycling -
currently, Peninsula Recycling pays for the commodities that
are brought in;
TAPE %1004
(3) multi-family services - Brem-Air more than willing to
utilize Dura cans for multi-family dwellings thereby reducing
the total number of cans required. When the City's multi-
family recycling program is implemented there will have to be
reduction of cans in order to facilitate placement of
recycling constrainers.
Mr. Johnson stated on the enforcement issue, under the
contract Brem-Air will institute a reporting process of
violators and notifying the City for proper prosecuting type
action. ~ explained Brem-Air has implemented a
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 12 of 33
a"picture taking" program to document conditions and problems
that exist.
Mr. Estes reported the price for salvage materials is down at
the present time. The only way this can be solved is by the
United States Congress placing a surcharge on all raw
materials and removing any surcharge on salvage materials.
The use of aluminum wheels on trucks provide a "weight
lightening" effort, which increases the pay load.., this is
not a luxury but a necessity.
Mr. Colvin expressed concern that not all citizens are getting
the implementation information. He questioned if a homeowner
goes on vacation for 3 months, how much would he have to pay
towards garbage service? He also questioned who receives
complaints in the City? Ms. McCluske¥ emphasized the Hearings
Examiner process would be used for unresolved complaints and
if a complaint had not reached that point, they would be
referred to her office and she coordinates with the
contractor. Mr. Johnson stated Council has requested the Mayor
designate a solid waste person on City staff. The City
Engineer is the Solid Waste officially designated person,
however, he has other extensive responsibilities. Ms.
McCluske¥ stated she is encouraging the public to contact
Brem-Air first and to contact their General Manager if they
are not satisfied after talking with Customer Service. If
issues cannot be resolved through Brem-Air's Customer Service
or General Manager, the next step is to contact the City. If
a resident will be out-of-town more than three weeks, they can
discontinue garbage collection service by contacting Brem-Air.
Mr. Colvin emphasized the need to assist senior citizens who
cannot haul their recyclable materials away.
Mr. Colvin questioned where could citizens obtain "Tag-A-Bags"
over the weekend? Mr. Cvitanich stated the only place they
are available is at Brem-Air, however, they hope to have them
available through the City and Red Apple Market at the Perry
Avenue Mall. When the distribution points are in place,
there will be newspaper advertising announcing that fact.
President Horton questioned if she was correct that if someone
placed an extra bag out for pick up but did not include a
"Tag-A-Bag" it would not be picked up. Then, if that bag was
still out the second week, the garbage company would pick it
up. Ms. M~Cluskev stated that was her understanding.
President Horton stated when people vacate premises and leave
stacks of garbage out to be picked up, it can end up strewn
around neighborhoods. She felt this was a real problem and
needed addressing so that it does not become the "norm".
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 13 of 33
People do object to having to go out to get the tag in order
to have extra garbage picked up. She wanted some common sense
approach taken in dealing with that issue. Mr, Overson
emphasized the "Tag-A-Bag" program's intent is to reduce the
solid waste stream and to encourage recycling. He did not see
making the tags readily available to encourage disposing of
"added" garbage. He did not want to consider anything that
would charge the citizens an extra fee so people who don't
take care of their yards get them cleaned up b~ the
contractor. Homeowners need to take care of their own
property. Mr. M~Cluske¥ stated it was her understanding
during negotiations that after the first week that extra
garbage (untagged) was set out the contractor would pick it up
the second week. The intent of this was to give the landlord
the opportunity to get the garbage in the dumpster (for multi-
family) after the garbage was picked up and not have to pay
the extra bag charge. That was what was worked out with
multi-family facility owners. Brem-Air has indicated to her
that they are not in tune with pick up on the second week if
bags are still sitting out. She had received calls from
citizens that garbage had not been collected after the second
week.
Mr. Collins stated many citizens have found alternative
solutions to disposal...burn barrels. He announced any
burning permits are for natural vegetation only, not for
garbage and there is a stiff penalty for burning garbage.
Mr. Adrian suggested that within the next 6-8 weeks Council
hold another opportunity such as this, during a Council
meeting, for input from the citizens.
Mr. Cvitanich reminded the public that the personnel in Brem-
Air's Customer Service are there to provide a service and to
please not "curse or yell" at them.
?C - BUDGET ADJUSTMENT FOR THE OVERWATER PARK INCLUDING CDB~
MONIES, #AB92-071
A combination of circumstances, unforseen at the time the
construction contract was signed, have created a need to
/ provide additional funding in order to complete the Overwater
Park. These circumstances have been previously discussed and
include a contract amendment, contract change orders and loss
of funding from the Historic Ships Association.
Mayor Louis Mentor provided a brief review of progress on the
project:
(1) 1989 Portico was selected as project designer prior to his
coming into Office.
TAPE %1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 14 of 33
(2) Project went out to bid with funding sources of $2,093.00
obligation of $1,778,700.00, leaving $314,300.00. It appeared
up to that time money spent up to bid opening had not been
charged toward the project and the Administration felt they
had $314,300; pre-design and Fisheries mitigation had not been
charged toward the project.
(3) There was a contract dispute caused by misinterpretation
of the contract. The settlement could be "0" or up to
$246,000. The City desires to settle this dispute for
$145,000. If the City had chosen to rebid the project it
would have delayed the project 3-4 months losing the entire
summer of 1992, put Turner Joy project in severe jeopardy,
possibly killing the entire project. The State, Kitsap
County, Port Of Bremerton and many individuals had invested
heavily in the Turner Joy, also thousands of people had
purchased bricks and granite blocks through the P.S.N.S.
Centennial Committee. The City would lose its credibility
with everyone if this project did not move forward. If the
City had chosen to redesign the project, that would have cost
more money and would delay the project until 1993. If the City
had paid the entire disputed amount of $246,000, Quigg
Brothers would still be the iow bidder on this project. A
decision had to be made quickly. He talked with advisors,
attorneys, engineers, etc., and decided the City had an
excellent case if this contract dispute went to litigation.
However, in the past there were too many plans and no follow
through and the City couldn't kill the project. The City is
finally believing in itself and it would be hard pressed to
build the momentum we have at this time if this project dies.
He was elected by all the citizens of Bremerton to lead them
out of the disappointments of the '80's and into the promises
of the '90's. He was not elected to be indecisive. Even
though there have been harsh allegations made about
improprieties, cover up, etc., he, with the advise of staff,
attorneys, architects, etc., made the decision that the
project should proceed. At the time the contract was let, it
appeared there was $289,000 extra, which would cover the
contract dispute. Unfortunately, the preconstruction money
was overlooked. At this time, adding all the previous
expenses including all change orders, the project is $156,000
over budget. There is about $64,000 in anticipated change
orders, which raises that overage to $220,000, along with
adding in the $145,000 in contract dispute for a total of
$365,000 in overruns, or about 15%.
Loss of $195,000 in funding from the Bremerton Historical
Ships Association (BHSA) - this group pursued obtaining a
Naval ship to place on the waterfront for tourism purposes
TAPE #1004
City Council Reg2 Mtg. Minutes
March 11, 1992
Page 15 of 33
that would boost Bremerton's economy. He served on this
Committee for two years and at that time it was felt it would
take $650,000 to bring the Turner Joy to Bremerton and those
funds would be raised on a national level...no local funding
needed. However, their consultant felt the most money would
come from Puget Sound Drydock, builder of the ship who was
financially able to provide the full funding if he so desired.
Everyone on that committee, in 1988 and 1989, had every reason
to be optimistic and BHSA went after the Turner Joy. They
anticipated getting the ship as early as fall of 1989, or
spring of 1990. Unfortunately, no funding came from any of
the national sources or the builder, but other funding was
found - $250,000 State of Washington, $250,000 Kitsap County
(payable over five years) $35,000 loaned to BHSA by Port Of
Bremerton. Other money was raised through local fund raising
donations. The overall fund raising was not as successful as
expected and expenses increased. The BHSA has produced an
invaluable asset for the City but now, due to a lack of fund,
they are not able to meet their obligation to the City of
$195,000. The City is faced with the loss of that funding
source and must step up as the other governmental agencies
have and either forgive the debt entirely or make a loan of
$195,000, which could be paid back if the Turner Joy is
successful or forgiven at a later date. Some people have the
mistaken thought that the $195,000 shortage was caused because
the boardwalk was not built before BHSA received the Turner
Joy and that it is the City's fault that the Turner Joy has
cost overruns. This is not true. He brought up the need for
the boardwalk in 1989 and it was not a great concern. It was
felt by most board members that we had to get the ship as soon
as possible and not take a chance of losing it. The Turner
Joy Committee thought they had a date to get the ship but was
delayed by the Navy for various reasons. The City did not do
serious design work until the summer of 1990, yet the BHSA
thought they could receive the ship in the summer of 1990.
The ship was in place April 12, 1991, yet the City did not go
to bid on the boardwalk until May 2, 1991. There are many
causes for delays, Fisheries, coordination with other
entities, etc.. He discussed temporary linkage with some BHSA
members but a cost of $10-30,000 was discussed and it was
decided to work by boat instead.
#1 Change Order - the engineers made the best estimate for
working on the beach and determining the length of pilings.
Everything the City had dumped there over the last 100 years
could not be helped or determined. The test piles with the
caps on the bottoms paid off, with a cost savings of $76.00 in
contrast of those without caps. This paid off big but it also
delayed the project while the piling was acquired. We
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 16 of 33
designed the boardwalk, assumed designing the Turner Joy gift
shop and gang plank connection. The Turner Joy received a
free gang plank from the Washington State Ferries. Last fall
it became apparent that the connection from the Turner Joy to
the boardwalk had not been done. The Turner Joy, Port of
Bremerton and City all had their own architect with a common
engineer and felt this type of problem would be avoided. For
some reason that did not work. No one accepted responsibility
and once again a decision needed to be reached - we could not
stop the project to figure out who was at fault. The Turner
Joy Committee stated they did not have the money in their
budget for the work so he, the Mayor, committed to it stating
we had to continue to try and find out who, if anyone, was to
blame.
The City of Bremerton has the following funds available
$294,550 Hotel/Motel Taxes, $279,968 Real Estate Excise Tax
and $64,000 of Block Grant funding, for a total of $639,518.
That exceeds the $573,000 identified as necessary at this time
to complete the project. Real Estate Excise and Hotel/Motel
Tax are to be used exclusively for this type of project and
cannot be used for general operations of the City. This money
accumulates at a rate of about $350,000 per year. Also
available is $334,500 in Capital Reserve, which accumulates at
the rate of approximately $100,000 per year. He urged Council
to fund this overage of $365,000 from the funds cited above.
Also ,he urged Council to forgive or lend BHSA the debt of
$195,000 from the same available funding sources. The State
agreed to give $600,000 to build a fishing pier and then
withdrew it because of pollution. The Port Of Bremerton then
stepped up and built the pier themselves to help support
Bremerton. The Turner Joy was in trouble and the Port agreed
to fund anchoring the ship at a cost of about $95,000..this
price went up another 50% but the Port did not hesitate and
stayed with the project. The State and County have each
stepped up to help Bremerton's project now it is time to help
ourselves. It has been a difficult project having to
coordinate not only the boardwalk but the Turner Joy, marina
and Puget Sound Naval Shipyard Centennial Plaza. Many changes
have taken place and each time the Turner Joy, PSNS or Port
made a change the City had to make a change.
Small groups of people have held back the City for years,
bickering had stopped project after project in our City. We
have been a slave to indecision. This City needed a completed
project, not something we have to do, such as roads or sewers,
but something to give our citizens for their support and
belief in our City. This project has been in the news at
least 20 years and many people have tried to get it built and
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 17 of 33
their hard work laid the ground work for our successes. All
the individuals and groups who made it happen must stand
together and be proud of their accomplishments.
Mr. Estes stated he took exception to the statement on the
Agenda Bill: "a combination of circumstances were unforseen
at the time". He noted that included some of the problems the
Mayor talked about, but as he recalled the contingency fund in
the beginning ($185,000) never existed and this Council was
never brought up-to-date from the time the contract was let
until President Horton stumbled onto the problem about 2-3
weeks ago. In the future, this Council and the community
should be given proper info£,Lation so that budget adjustments
can be made without adversely impacting the budget. Mayor
Mentor stated at the time they thought they had the money but
did not. He takes the responsibility for that and had no
other explanation. The only explanation he could see was the
funding spent ahead of time was not counted in the overall
project. Mr. Estes stated in future projects would the Mayor
keep this in mind? Mayor Mentor stated yes, better controls
have to be maintained. This was and is a very complicated
project due to so many different funding sources and different
entities working together. Mr. Estes pointed out, as Mayor
Mentor mentioned, all groups have to work together and he
would like to see the Mayor and Council work together closer
on projects like this so we don't get shocked again.
Mr. Johnson stated he took exception to a lot of the comments
made by Mayor Mentor and though it was a very one sided
presentation. Late this afternoon he talked with a
representative from the Turner Joy and learned they met every
funding goal they ever had, they didn't get the money from the
same sources and the reason they are late is because that
project has been delayed time and time again. He found this
to be one of the largest embarrassments he has had since
serving on the Council. The Council pleaded with Mayor Mentor
during Budget review to please get a Project Manager due to
the complexity of this project. Comments by Mayor Mentor
stressed he hoped the City did not get another project as
complex as this...the City has a number of them just as
complex right around the corner. What the Mayor presented at
this time does not include the total needs for this project.
There is no money included for mitigation of the fish problem
and will be coming up in the next couple of years. Unless the
Mayor addresses them as to how they will be done, the City
will have to cancel the Sports Complex project and delay the
Public Works complex. He sees the proposed funding as only a
"quick fix" by taking money out of the reserve funds. This
was the most poorly managed project he has seen since serving
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 18 of 33
on the Council. He emphasized Council would love to work
together but we have to work like a bunch of mushrooms and
don't get good information until it is too late. Mayor Mentor
stated he was sorry Mr. Johnson felt that way, however, he was
involved in the Turner Joy project and he knows what went on.
Mr. Johnson questioned if the Mayor was calling
representatives of the BHSA liars? MaYor Mentor stood by this
statement and noted BHSA would have lost more revenue had
they received the ship in 1989 or 1990. He did not want to
argue that point with Mr. Johnson. Mr. Johnson pointed out
the Mayor made a big point in his presentation that a good
portion of the project problem was the Turner Joy; and that
was not true. MaYor Mentor stated no it is not...he does not
blame the Turner Joy and felt they did a great job for the
city, but they did not get the funding they thought they would
and the ship arrived a little too soon before the boardwalk
was built. The beach mitigation was caused by the Fisheries
Department and they are the same group that took away the
$600,000 funding for the fishing pier. The City has received
a grant to do the design work for Evergreen Park in response
to the Fisheries mitigation. He does not know the total cost
or where the funding will come from to complete the mitigation
project. He stressed there is funding available for the
Sports Complex. He re-emphasized that the intent of the Real
Estate Excise Tax and Hotel/Motel Tax is to expressly be put
aside for these types of projects, whether they are small or
large and the City is not to horde that money. Mr. Johnson
stated he understands the intent of those funds, however, it
would be nice to build up the fund to be used for something
really meaningful. Mayor Mentor stated building the boardwalk
and Sports Complex are meaningful projects. Mr. Johnson stated
the attitude seems to be those funds come in at a certain rate
and are spent at this rate...he did not buy that and felt he
and the Mayor had a difference of opinion.
President Horton stated the Mayor made a comment that this
project had been going on for several years and a lot of
factions worked together and he made the hard decisions to get
it pushed through. Mayor Mentor stated he did make some hard
decisions to go ahead with the project when decisions had to
be made. ~resident Horton stated she felt that was
appropriate, however, what is not appropriate is for the
Administration to usurp the responsibility of the City Council
in financial concerns. We are the budget and policy setters
and those issues were taken out of our hands. We were never
consulted about the contract dispute and had we known at that
time we may have said "wait, we cannot afford the project".
Council was never given a total overall picture of what this
project was costing. Council was under the assumption it was
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 19 of 33
costing 2.1 million dollars and the fact is the project is
already at budget with no contingencies, no permits, etc., yet
we were told, on the record, that not only was this project
under budget but that there was a $165,000 contingency. We
were not given the proper info£,,ation that we needed to make
a decision. She was sure by the time the City Auditor is
finished with the audit he will have some very definite
recommendations on how we approach projects like this in the
future. She emphasized this project was the worst financially
tracked project she has ever seen and she hopes it never
happens again. She recognizes the City needs to move on with
this project and if it were delayed it would cost the city
more money. First and foremost we have a commitment to the
Sports Complex of $500,000, and before her vote goes for any
further expenditure on the boardwalk $500,000 has to be
preserved in tact. Secondly, consideration needs to be given
to the beach mitigation; and she suspects it will come about
in 1993 or 1994. Thirdly, once another $250,000 is taken away
for the Sports Complex from this funding, the balance in those
three funds amounts to less than $40,000. Granted, the funds
are there to do major projects, but it is this Council's
responsibility to make those financial decision, not the
Administration. It is the Administration's responsibility,
once the budget has been sent, to adhere to that budget and to
know how many dollars have been spent and how many need to be
spent. And, to keep this Council infoz,,ed every step of the
way, which did not happen on this project. She expressed her
anger and hoped it never ever happens again. Mayor Mentor
stated everyone hopes it never happens again. He felt he had
the funding, there were some mistakes made and he was no more
aware of it than anyone on Council at that time.
Mr. Overson questioned the availability of the $64,000
proposed from the Block Grant fund? Mayor Mentor explained
those funds were allocated the end of 1990 or 1991 for use in
conjunction with a project at the end of 4th Street, which did
not materialize, so that money was in truth for that
waterfront project. Mr. Overson stated what we have to do is
demonstrate the requirements for expenditure of Block Grant
funds are met by this project. He noted Council had been
guarding funds 104, 109, 103 for some time and it is saddening
to see then being taken away. He felt more consideration
above and beyond what is being proposed may need to be done
before actually passing a funding method.
Mr. Estgs stated this issue was discussed in Fiscal and Budget
Committee and recommends support moving forward with the
project.
TAPE %1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 20 of 33
Public comment - none.
Mr. Colvin stated it made more sense to move forward on the
waterfront project than to stop. For that reason, he will
support this proposal as presented.
%1737 M/S/C(Estes/Dawkins) to approve Budget Adjustment Request No.
92-5; and in addition set aside $250,000 to be placed in a
reserve fund for the Sport Complex in order to guarantee that
project.
Mr. Collins stated he did not support holding the waterfront
project as hostage in order to guarantee funding for the Spots
Complex. He would prefer completing the waterfront project and
directing staff to identify the funding source for the Sports
Complex and process it through the Fiscal and Budget
Committee.
Mr. Johnson stated the problem he has with this Agenda Bill is
the source of funding. The funds proposed are the most
convenient source and there are people who have overrun
budgets on projects and someone somewhere needs to generate
some revenue to take care of it. He believed Council should
direct the Mayor to get some efficiencies in the City and
generate funds other than the capital funds to pay for the
overage. He will opposed this proposal on the basis of where
funding is being taken from not for the purpose of the
project.
Mr. Overson stated he supported Mr. Johnson's position on this
issue and pointed out when this administration started in
1990, these funds (103, 104, 109), had a combined total of
over two million dollars. What this means is that in two
years, irrespective to attempts to build up these funds to
fund something significant, they have been reduced to less
than $300,000.
Mr. Fit~ stated she did not support anything that would delay
this project, however, Council would be discussing measures
that could possibly produce some of this funding. She will
support the motion setting aside the $250,000 for the Sports
Complex, however, she wanted to go on record that she is
supporting this proposal in order to keep the project moving
forward.
Mr, Colwin requested Mr. Hanna to respond to the following
question: "if we pass the proposed motion, would that hamper
the project from moving forward?" Hr, Hanna offered slightly
different wording that the Mayor and staff be directed to
TAPE #1004
city Council Reg. Mtg. Minutes
March 11, 1992
Page 21 of 33
return to Council within a time frame with a plan for
providing that additional $250,000.
Mr. Estes reminded everyone that Council had requested
information on what Mayor Mentor planned for the 4TH Street
building and it has been delayed for months. He questioned if
that would happen with this project. ~a¥or Mentor stated he
could come back in two weeks with a funding source for the
$250,000.
Mr. Overson stated for clarification that the item Mrs. Fitz
referenced relating to implementing efficiencies within the
City to generate additional funding did not address funding
for the overwater park, but rather the shortfall in the
General Fund.
President Horton stated she will support the motion as it
stands, but she did not want to send it back to staff. If
Council is unwilling to take the hard line and support a
resolution to stop spending from the General Fund and take
care of the deficit, she will immediately ask the City Clerk
for a reconsideration of her vote and will subsequently vote
"no" on this issue. She felt strongly that there had been
enough irresponsibility going on and the projects needed to be
linked together to form a "big picture" so that Council knows
what they are voting on.
Mr. Johnson questioned, in the case of the Turner Joy and
overwater park funds, why the City couldn't use interfund
loans due at various times? Mr. Hanna stated in the case of
Bremerton Historical Ships Association (BHSA), they are not a
City fund. Mr. Johnson questioned if the motion passes is the
City forgiving the Turner Joy debt? Mr. Hanna stated as it is
being presented the City is forgiving that debt. Mr. Johnson
stated he felt that was wrong, however, he did not want to be
tough on them but the funds should be paid back someday. He
also felt there was additional sources of funding through the
General Fund. Mr. Hanna stated he would have to defer to the
City Attorney in regard to the pledge by the BHSA. Ian
Sievers, City Attorney, stated that contract was some time ago
and he would need to review it to see how binding it is. If
BHSA believed they have satisfied their obligation to the City
in other ways, they may have the defense the City incurred
costs to them.
Mr. Colvin restated his question...if this motion passes,
would that hamper the overwater park project? President
~orton stated no. Mr. ~anna stated he agreed.
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 22 of 33
Mr. Collins stated if he remembered correctly, the Turner
Joy's $195,000 was a pledge towards a City grant as matching
funds, therefore, he felt there had to be a transaction of
some kind and not one of forgiveness. ~r. JohnsoR stated if
that goes away the City goes below the threshold of community
participation in the project, pNesident Morton stated she was
not sure that was accurate. When BHSA made their presentation
to Council, they stated they had in fact gone over and above
their pledge to the EDA grant. The fault lies in that we
should not have budgeted that dollar figure in this project.
Mr. Oversonquestioned if President Horton was saying the City
did not have a contract with BHSA? MaYor Mentor stated he
believed there is a good chance the Turner Joy could still
receive some national funding that was originally sought. If
BHSA is indebted they may have more of a chance to get some of
that funding. President Horton stated she didn't believe BHSA
was "off the hook" just because the city came up with a budget
adjustment. Mr. sievers stated this should not be assumed as
a forgiveness and the City should look into their obligations.
If they have to repay the City out of future earnings or if
there is a compromised reached, that would not provide funding
needed now. President Horton stressed all Council was doing
at this time was to provide budgetary capacity so that the
project could go forward. Mr. Hanna stated the City does not
contemplate that money being available for the construction of
the project.
Vote: In Favor Fitz, Collins, Dawkins, Colvin, Estes,
Horton
Opposed: Johnson, Overson,
8A - RESOLUTION ~2383~ FISCAL YEAR 1992 SUPPLEMENTAL BUDGET
GUIDANCE~ ~AB92-072
A Resolution to provide guidance for adjusting Fiscal Year
1992 Budget. Council Fiscal and Budget Committee did discuss
this proposal and supported its intent.
Mayor Mentor explained Bremerton has experienced effects of
the nation-wide recession this past year. It became apparent
after the first of the year that the City would have a
shortfall at the end of the year of approximately $300,000.
He and his department heads have been meeting weekly to
address this issue and possible ways to meet that shortfall.
The Fiscal and Budget Committee was presented with a list of
ways to meet some of these financial needs, i.e., personnel
costs savings of approximately $206,500 in positions that are
vacant and other personnel costs; Animal Control contract
savings, unanticipated revenues from a grant for the Police
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 23 of 33
Department, and $11,000 budgeted for TAN financing, coming up
with a total of $302,500. This would cover one half of the
approximately $618,000 shortfall in the General Fund. The
proposed Resolution contains conservation ideas that he has
already instituted or discussed. He noted the City has put on
a hiring freeze and positions are not being filled unless
absolutely necessary. He is also restricting out-of-state
travel. There is a freeze on office
renovation/repair/furnishing. He hoped Council would come up
with other ideas in order to identify funding for the
approximate $300,000 shortfall remaining. Budget revenues and
expenditures are being reviewed monthly and he will have a
better picture of the financial climate on a quarterly basis.
President Horton stated she believed people wanted to know who
is responsible for the shortfall and she acknowledged that "we
are all responsible". On the staff side, it is very difficult
from this position to hear after the fact that Council did not
ask the right questions. She stated she is tired of trying to
figure out what the right questions are and then find out
after the fact that an error was made. This has to stop and
staff, regardless of their positions in life, have to be
honest and forth coming with this Council when it comes to
budgetary issues. The Mayor needs to hold his departments
responsible for their budget. And, when his staff recommends
or gives direction to be conservative he must heed that; and
when Council gets that recommendation they must heed that as
well. We need to start working together as a team and need to
start communicating.
Mr. Overson pointed out that the figure of $618,000 may not
reflect the whole picture, however, it is assumed all the
departments will stay within budget. When Council learned of
the possible shortfall in 1992, they tried to set aside funds
to cover that occurrence, however, that did not come to pass.
Mc. Collins supported Mr. Johnson's proposal, but felt it
needed some additions. He requested the inclusion of the
"Utility" in the hiring freeze. He would like to insert an
immediate moratorium on all travel outside of a 100 mile
radius with appropriate prior approval. Under Item 9, he felt
the Mayor, Fire Chief and Police Chief review overtime
staffing and recommend that be included on Council's April
Study Session.
president Horton recommended including monthly updates at
Council sessions reviewing any department that has at that
TAPE #1004
City Council Reg. Mtg. Minutes
March 11, 1992
Page 24 of 33
point gone over their budget, on a monthly basis. This process
would be used whenever a department is over budget
accumulatively.
Mr- ~olvin questioned why type of report would be given
regarding overtime use in the Fire and Police Departments?
Mr. Overson stated those are documented on a monthly basis.
Mr. Estes reported Fiscal and Budget Committee reviewed this
issue and they intentionally left the Utilities off because
they are under a separate budget. Mr. Collins stated he
understood what Mr. Estes was saying, however, we have
personnel and personnel involvement and they are all employees
of the City. Mr. Estes recommended that the wording "require
approval of Council" for special hiring be included. Mr.
Collins suggested eliminating the words "general" and
"street", so that it would affect any department in the City.
TAPE #1005
Public comment - none.
#0060 M/S/C/U(Overson/Estes) to pass Resolution #2383, providing for
supplemental budget guidance and policies as modified by
Council's discussions.
9A - PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL
OF PRELIMINARY PUD FOR R & J REYES CAFE, LOCATION: 2122
SHERIDAN ROAD, ~AB92-073
On January 21, 1992, the Planning Commission approved a
Preliminary Planned Unit Development (PUD) to construct a
4,000 square foot fixed commercial building with associated
parking for 24 cars.
The preliminary plan is being appealed on the grounds that
inadequate parking is being provided. The use of the building
is primarily a restaurant and will have a card room also. The
appellant believes that the parking requirements for a video
game, arcade use should be applied to the card room use at 15
spaces per 1,000 gross square feet instead of a restaurant use
requiring one space per 200 square feet.
The City Council, when hearing an appeal, shall either: 1)
affirm the decision under review; 2) reverse the decision
under review; 3) modify in whole or part the decision under
review; or 4) remand the matter back to the approving
authority for further consideration.
Such action shall be decided by a majority vote of the members
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 25 of.33
present. That vote may be taken at the same or any subsequent
meeting.
President Horton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
J&ck Alli~a~-m, Current Planning, stated this proposal is an
appeal of a Planning Commission decision which gave approval
for a preliminary plan united development to construct a 4,000
sq. ft. restaurant/cafe over a 2,600 sq. ft. basement area.
The site is located at 2122 Sheridan Road and is adjacent to
the Perry Avenue Mall and east of Bremerton National Bank.
The appellant is Kent Bratt, attorney for Mr. Eggers.
The Planning Commission reviewed a preliminary planned unit
development project consisting of a site plan. The site is
zoned "Shopping Center" (SC), and that zone does not have any
specific setback requirements and therefore it has been
interpreted to require a planned unit development with
preliminary approval of such a site plan before final design
details are drafted. The Planning Commission reviewed parking
requirements for restaurant use of this site and concurred in
20 spaces for 4,000 sq. feet and one space for each additional
200 sq. feet above 4,000 sq. ft. The preliminary plan
provided for 24 parking spaces, which has now been slightly
modified to 26 spaces.
Public testimony was given during the Planning Commission's
hearing questioning whether or not a cardroom use, which was
associated with the cafe, should require more parking. The
Planning Commission felt that people sitting at a table
playing cards would not require any more parking than people
sitting at a table eating; and basically approved the
preliminary plan subject to two conditions: (1) required
applicant to seal the site off to prevent trespass from the
adjoining property by providing a curb; (2) move a 5 ft.
landscape setback from the west property line along the east
property line.
Kent Bratt, Attorney, stated he is representing Mr. Eggers,
owner of Castaways East (Perry Ave. Mall), and Jack Waldon,
owner of Jack's Restaurant (Perry Ave. Mall). The main
concern that his clients and other members of the Perry Avenue
Mall have expressed relates to parking requirements. He
stressed the proposal is not just for a restaurant, but
includes three other businesses in this particular building
(restaurant/lounge/cardroom/convenience grocery store). The
original plan proposed 24 parking spaces and as stated in the
Staff Report, the applicant is anticipating 75-100 vehicles
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 26 of 33
for the lunch and dinner hours. Some of those 24 parking
spaces would be utilized by employees and card players who
will sit for 2-4 hours playing cards and other spaces would be
used for patrons of the lounge plus the 75-80 vehicles that
would frequent the restaurant. He felt it was impossible to
have 26 spaces servicing all of the intended uses. This did
not take into account the convenience store proposed. In Mr.
Bratt's opinion, cardrooms are similar to video arcades in
that people go into them and stay long periods of time.
Part of the Planning Commission's requirement is to ensure
that there is not an adverse impact on surrounding property
owners. Perry Avenue Mall has parking bordering the subject
site and the impact on the Mall would come into play if there
is not adequate parking provided for the development. This
adversely impacts that property owner and w~uld create a
trespass and would require Perry Avenue Mall Merchants
Association to hire people to patrol the parking to ensure
their land and rights to use of parking are not infringed
upon. Currently, Perry Avenue Mall parking is heavily used by
the VFW/Bingo Parlor and Castaways East.
In regard to the size of the building facility, what is not
mentioned is the fact that for the 4,000 sq. ft. building
there is a 2,600 sq. ft. basement, that will be utilized for
support facilities for the business on the first floor. When
the question was raised about the storage area, it was stated
it was more a warehouse. Mr. Bratt pointed out under the
Zoning Code, warehouses of this size have a requirement of
three parking spaces, which should have been added in if it
was one. He stressed this "basement" is not a warehouse but
an active portion of the businesses. He believed the down
play that this was more than a restaurant also mislead the
Planning Commission. The Planning Commission questioned since
there was no code requirement for a cardroom what should they
do?
Mr. Bratt's clients ask that Council not approve this
particular use and PUD due to the fact that there is
insufficient parking, that it would unduly impact surrounding
landowners or at least sent it back to the Planning Commission
and require that they do a study of the parking facilities,
the use thereof and traffic flows along Sheridan Road. He
pointed out the City's last Traffic Study for that area was
1982, and traffic had increased markedly since then. Mr.
Bratt pointed out there is a 200 unit apartment complex
approved at the end of Sheridan where it intersects Perry
Avenue. This will have a significant impact on the traffic
pattern on both Perry Avenue and Sheridan Road.
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 27 of 33
It was brought out that those opposing this proposal owned
restaurants and did not want the competition. Mr. Bratt
stressed his clients were not concerned with competition, but
rather parking. The tenants of the Perry Avenue Mall have to
pay for their parking and if this proposal is approved, they
will have to go to the added expense of policing the area for
trespassers.
Bob Lewis, representing himself and Bill Tennyson, owners of
the Perry Avenue Mall, stated he was protesting this
development due to the lack of parking. He challenged the
City's interpretation of the Zoning Ordinance in its
interpretation of Gross Floor Area, which states: "all
horizonal areas on all floors that is enclosed by and
including the exterior walls and it does not exclude storage
place, restrooms, etc.". This means that the 4,000 sq. ft.
plus 2,600 sq. ft. is a 6,600 sq. ft. restaurant. The Zoning
Ordinance designates up to 4,000 sq. ft. requires a 150 sq.
ft., per parking space and beyond that is 20 vehicles plus for
every 100 sq. ft. He interpreted the Zoning Code to require
46 parking spaces for this project.
Mr. Lewis referenced the following comments made by City staff
during the Planning Commissions hearing of January 21,
1992:(1) "if no reciprocal parking space agreement is reached
with Perry Avenue Mall space 11 would have to be eliminated as
a way to turn the cars around in order to exit parking lot;
(2) the eastern edge of the parking area is severely lacking
in landscaping; (3) storm retention will be required (this was
not shown on the plot plan and Mr. Lewis felt it would take in
considerably more area than shown in the landscape area; (4)
applicant projects 75-100 trip generations for lunch and
dinner; (5) city is obligated to prevent trespassers of
vehicles from this site to the mall site; (6) excerpt from
January 21 Planning Commission meeting: "This is a
disappointingly unimaginative site design that seems to fall
short of the PUD potential. If this is the best possible
perhaps too much is being crowded into too small a site".
Mr. Lewis does not believe this is a good project and it is
oversized for the lot. He urged Council to require this
project be reduced drastically in size or that 46 parking
spaces be provided as designated in the City's Zoning
Ordinance.
Mike Brow~, representing FBH Management Corporation, developer
of the project and representative for Reyes, made the
following rebuttals: (1) the issue of 4 separate business
being proposed is misleading. There are four separate
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 28 of 33
entities operating out of one single facility by one single
owner and operator. What is being proposed is an ethnic
restaurant and grocery store and not a quick stop conventional
grocery store. (2) Easterly boundary was lacking in landscape
space - that position was broached earlier and resulted in the
Planning Commission request to move the landscaping buffer
from the westerly boundary to the easterly boundary. (3) No
storm detention possible on site with the current planting
area - the storm detention has been engineered by a local
engineering firm, an underground system, that has been
approved by the City's Engineering Department. (4) In
reference to space #11, the original plan designated that
space as an area for assisting turning around vehicles to exit
the lot. Since a five foot wide planting area is now shown,
there is an area designated where the last parking spaces on
either side can back into and then exit. (5) They have worked
on the plan in a good faith effort. In November of 1991, he
wrote to the owners of the Perry Avenue Mall requesting their
input on the proposed plan. He never received any response to
his letter or to several follow up telephone calls to that
organization, nor did they attend a public meeting held prior
to the issue being heard by the Planning Commission. The
proposed plan is now in excess of two parking spaces than what
is required in the current Zoning Tables. If there is a
deficiency in the Zoning Table, he did not feel it should be
taken up on this project after they have already gone into the
process of strict compliance with the existing zoning
requirement. He briefly reviewed several local projects he
had developed showing the level of quality of such projects.
Mr. Lewis reiterated his point about the City's interpretation
of the Zoning Ordinance relating to number of parking space
requirements per square footage of buildings and the fact that
they are changing that requirement for this development. Mr.
Brown stated the originally proposed 2,600 sq. ft. basement
has been reduced to 2,000 sq. ft. The size of the storage
area is larger than that usually allowed for a normal size
restaurant due to the fact that it is ethnic in origin and
they would be buying in bulk quantities those items that are
not readily available locally.
Mrs. Fitz questioned the number of entrances for the four
businesses? Mr. Brown stated there would be two separate
entrances, all of which have common public areas. An
individual coming into the restaurant area also has access to
the grocery and cardroom from that particular entrance. There
will be a single cashier for both the grocery and restaurant.
Mrs. Fit~ questioned the amount of floor space to be utilized
for the store area? Mr. Brown stated approximately 800 sq.
TAPE #1005
city Council Reg. Mtg. Minutes
March 18, 1992
Page 29 of 33
ft. President Horton questioned how many employees would the
four businesses employ? Mr. Brow~ stated this was not his
area of expertise but he thought about seven. President Horton
noted this seemed to be well under the requirement, but there
is a new Federal requirement called a Transportation Demand
Management Program for any business that has 20 or more
employees. She felt even if this project did not require such
a plan, it might be prudent to have one anyway. City staff
needs to start including that element into all business
segments. Mr. Brown stated he understood President Horton's
point, however, at no time did he anticipate 20 employees for
an operation of this size.
Mr. Collins questioned if the plan shown on the view graph was
the same shown at the Planning Commission hearing or did they
only see the sketch included in the Council Agenda packet
reflecting 24 stalls rather than the proposed 26? Mr.
A11inqham stated the Planning Commission only saw the sketch
included in Council's Agenda packet, which identified only 24
parking stalls. Mr. Collins stated considering the fact that
Council was viewing a plan that was not provided at the
Planning Commission hearing, it should be remanded back to the
Planning Commission.
#1406 M/S/F(Collins/Colvin) to remand this issue back to the
Planning Commission.
Mrs. Fitz questioned if she was correcting in the fact that
moving the landscaping and providing turn around space were
recommendations of the Planning Commission? Mr. &11ingham
stated yes, that is correct, this is only a preliminary site
plan approval. From this approval, applicant can go on to
final design details and the applicant has continued to work
on the design since the public hearing. President Horton
stressed the revised sketch reflects the decision of the
Planning Commission.
Mr. Johnson questioned if the proposed development was built
but at a later date was to become a hardware store, would that
change in use come before Council? Ian Sievers, City
Attorney, stated the change in use would require a change in
occupancy permit which would trigger another review. Mr.
JOhnson stated that was amazing because he had not seen even
one such circumstance happen in the past 10 years. President
~orton pointed out that action is done administratively.
Mr. Colvin questioned if the previous reference to Planning
staff's comments were correct? Mr. Allinqham stated those
were comments made by one Planning staff member and not the
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 30 of 33
official position of the Planning staff. ~r. Colvin
questioned the official position of the Planning Staff? Mr.
Allin~ham stated it was to recommend approval as presented
subject to the conditions set by the Planning Commission. ~r.
Colvin questioned if he were to build a building of the same
size as the proposed project, being on all one floor, would he
be required to have more parking spaces? ~r. ~11ingb-m stated
the parking can be calculated by the use if it could be shown
that part of that use was storage use; and would not be
required to provide the same parking as that required for a
restaurant.
Mr. Estes questioned if Mr. Bratt's clients had responded with
input on this development? Mr. Brat~ stated there was one
preliminary meeting with City staff that did not have any
representation from the Perry Avenue Mall. However, there was
attendance at the Planning Commission hearing on this
proposal. Mr. Brown stated he was in agreement with the
sequence of events.
Mrs. Fitz questioned the hours of the proposed establishment?
Mr. Brown explained they would be opening at 11:00 AM and
closing at midnight or shortly thereafter.
Mr. Overson pointed out that once the bingo parlor and horse
racing activities stated at businesses in the Perry Avenue
Mall, parking became a major issue. He questioned whether or
not the City can reinterpret City laws to squeeze this
requirement down, and whether the developer was legal in all
four applications relating to floor space and required parking
spaces? Mr. Allingham stated there are several ways to
interpret the parking and both applicants have provided one
interpretation of that. The Planning Commission is supporting
the proposal being presented at this time.
Vote on motion: In Favor: Colvin, Collins
Opposed: Johnson, Overson, Estes, Fitz,
Horton
Abstain: Dawkins
Motion failed.
Mr. Dawk~ns stated when Perry Avenue Mall is in full
operation, parking is a major issue. If there is an overflow
from the proposed site to the Mall parking lot, it will create
a problem. He questioned who would monitor that situation if
it happens? He felt that the addition of the cardroom would
tie up parking spaces for long periods of time. He questioned
if anyone had talked with the owners of the bank lot to the
west of the proposed site for additional parking? Don Pratt,
TAPE #1005
city Council Reg. Mtg. Minutes
March 18, 1992
Page 31 of 33
Director Of Community Development, stated if there is that
potential the only way to get to it would be to uphold the
appellant and request the developer come up with additional
parking for the proposal. Whether or not they could utilize
additional parking at the bank is not part of Council's
discussion at this time. The answer to Mr. Dawkins question
is yes, it is possible to work out agreements for remote
parking, however, it is not known if there is a willing
partner to such an agreement.
Mr. Overson questioned assuming Council approved this
proposal, is the City at risk to be sued because we have
encroached on another party? Mr. $~evers stated he did
disagree with the comment that the City was responsible for
preventing trespass. The City does the best it can with
available police powers and zoning, but it does not extend to
liability for trespassing of third persons. He was concerned
that the parking requirement for uses is so loose and subject
to interpretation that maybe it needs to be improved. There
should be an average or normal amount of storage associated
with restaurants and that should be compared with what is
being proposed and to the use the storage parking requirements
for what is left over. Mr. Overson questioned from a legal
standpoint, assuming the interpretation is legal, are we
totally legal to approve it; and if not then the City may be
at risk for noting uphold our own ordinance?
#1796 M/S/C(Fitz/Johnson) to uphold the Planning Commissions
decision approving the preliminary planned unit development
for the R & J Reyes Cafe subject to the conditions stated in
the Planning Commissions Findings Of Fact And Conclusions Of
Law.
Vote on motion: In Favor: Johnson, Overson, Estes, Fitz,
Horton
Opposed: Colvin, Collins, Dawkins
Motion carried.
President Horton provided the following direction to staff:
"tighter controls are needed in the Zoning Ordinance relating
to parking"; and she would like that looked into.
7~ - EOUIPMENT RENTAL RESERVE BUDGET ADJUSTMENT FOR ~URCHASE
OF A NEW WHEEL LOADER FOR BTREET DEPARTMENT, ~AB92-069
The 1992 budget did not include authorization for purchasing
a new loader for the Street Department.
The Fleet .Maintenance estimate for repair costs to our
existing loader exceeds $24,000; a cost not warranted to a 10
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 32 of 33
year old loader.
Purchasing a new loader will cost less than triple the repair
costs, thus a budget adjustment is needed to allow for the
purchase of this new loader.
Ken Brees, Street Superintendent, stated it was in the City's
best interest to invest in the new loader rather than repair
the existing piece of equipment.
Mr. Dawkins questioned the life expectancy if the current
loader was repaired? Mr. Brees stated the other hidden
problem is the fact that the current loader is foreign made
and it is difficult getting parts. Mr. Dawkins questioned if
the Equipment Rental Reserve Fund had funds to cover this
cost? Rioh Hanna, City Treasurer, stated this piece of
equipment is at the end of its useful life and the dollars are
within that account.
Mr. Johnson expressed concern that the Ryder estimate was not
clear. He questioned the high cost estimates of items and no
labor costs for installation of the transmission. Mr. Brees
stated the intent may be to sublet the job for installing the
transmission.
Mr. Overson pointed out if the equipment was repaired the
funds for those repairs would come from the Street Fund.
However, if the equipment is purchased new it can be funded
out of the Equipment Rental Reserve Fund. Hr. Brees stated
they have set aside funds, over a period of years, to replace
this equipment. Mr. Overson questioned why a quote for $56,636
was given when Mr. Brees requested $71,00007 Mr. Hanna stated
the $56,636 does not include sales tax and the reason for
requesting $71,000 is to provide, on the expenditure side of
the budget, the gross cost of this machine. The trade-in is
in effect a sale of the old machine, which is on the revenue
side of the budget, needing an expenditure capacity for the
entire cost without deducting the trade in value of the old
machine. He stressed that will not be the total cash
dispersement but is the expense that will show on the City's
accounting books.
Public comment - none.
#2322 M/S/C/U(Estes/Dawkins) to adjust Equipment Rental Reserve
budget in the amount of $71,053.61 to allow for purchase of a
new loader.
7B - INTERGOVERNMENTAL AGREEMENT BETWEEN PACIFIC COUNTY,
TAPE #1005
City Council Reg. Mtg. Minutes
March 18, 1992
Page 33 of 33
WASHINGTON ~ THE CITY O~ ~REMERTON FOR PURCH~.SE OF A NEW
WHEEL LOADER, #~%B92-070
The Street Department requests approval for the City of
Bremerton to enter into an intergovernmental agreement with
Pacific County, Washington, for the purchase of one (1) JD544E
John Deere new wheel loader with options.
Cost of this leader is not included in budget, however,
Equipment Rental Reserve has adequate funds available.
Council Fiscal and Budget Committee concurred in the Budget
Adjustment request.
Mr. Brees outlined the process of buying items off the State
Contract and the cost savings benefit to the City.
Public comment - none.
#2393 M/S/C/U(Dawkins/Colvin) to authorize the Mayor to enter into
an Intergovernmental Agreement between the City of Bremerton
and Pacific County for the purchase of one (1) JD544E John
Deere new wheel loader with options.
With no further business meeting adjourned at 10:00 PM.
KATHL~EN L. McCLUSKEY, City Clerk
LIfNN HORTON, Council President
City of Bremerton
KLM/LH/me
cc: No£mal Distribution
File/Vault