HomeMy WebLinkAbout03/27/91TAPE #904
UNAPPROVED DRAFT
APR 17
CITY COUNCIL MEETING MINUTES
#0037
#0036
MARCH 27 1991
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 27
1991, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Wayne Estes, Spencer
Horning, Hank Waibel, Morrie Dawkins, A1 Colvin and Russ
Johnson. Councilmen Lon Overson and C. R. "Tiny" Collins
were absent. Also present were Assistant City Attorney Jim
McNamara and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Councilman A1
Colvin.
President Hotton announced all references to
"Stormwater/Stormwater Utility" had been removed from Agenda
items 7B and 8A until further study had been undertaken.
CONSENT AGENDA
A. Minutes Of Meeting - March 6, 1991, #AB91-075
M/S/C/U(Waibel/Dawkins)
presented.
to approve Consent Agenda as
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.
M/S/C/U(Colvin/Dawkins) on March..27, 1991, the Council does
approve for payment those vouchers included and further
described as follows: 126597 through 126600 and 126604 through
126775 in the total amount of $360,946.31, Regular Payroll for
the period ending 3-15-91 in the total amount of $397,379.60,
Retirees payroll for the period ending 2-28-91 in the total
amount of $55,505.23, and Retirees payroll for the period
ending 3-31-91 in the total amount of $55,505.23.
COUNCIL MEMBER REPORTS
Mr. Estes reported he had been working on several projects,
however one just came up that he found rather disturbing.
Apparently someone in his district was trapping cats and
having them picked up by Animal Control and taken to Fairinall
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Kennel without the owners being notified. He expressed
concern that residents do not always license their animals,
which would make it much easier for them to be contacted in
the event their animal was picked up. He felt a more "common
sense" approach should be taken so that those who have cats
and those who may not like cats can get along in the same
neighborhood. He requested anyone in the general public to
write to him with their suggestions and/or concerns on this
issue.
Mr. Hornin~ congratulated the new Armed Forces Queen, her
Court and everyone who had anything to do with the pageant
production - it was terrific. He attended the School District
celebration on Monday and was pleased to see them moving full
speed ahead bettering City schools. He announced this date is
National "Joe Day" which allows anyone not liking their own
name to take on the name "Joe" for the day.
Mr. Waibel reported the pageant was a spectacular show and he
was overwhelmed with the quality of candidates competing for
the Miss Bremerton title. He felt all nine of the young women
were winners. The pageant will be rebroadcast on Thursday,
March 28 at 6:30 P.M., on Channel 29.
Mr. Johnson announced the issue of stormwater separation had
been put off for a little while, but will be brought back for
further review. He announced the State Senate recently
passed Resolution #1991-86-31, recognizing Bremerton's #1 Most
Liveable City status. He thanked the sponsoring Senators as
well as the entire Senate of the State of Washington for
showing their support of the City of Bremerton.
Mr. Colvin extended his "thanks" to Senator Craswell and
Senator Owen for their sponsorship and all the Senators for
their adopting Resolution #1991-86-31. He was pleased to have
been invited to the Queen's Pageant and because it was such an
outstanding program he is looking. forward to next year's
program. He pointed out that Queen's candidate Michael
Horning was wearing a gown designed and created by Council
President Lynn Horton.
Mr. Dawkins announced plans for the Armed Forces Parade were
underway and the Bremerton Central Lions Club will hold their
Breakfast on May 18, the same day as the parade. He announced
Bremerton will have a Crus-In on May 19th, to be held at
Roosevelt Field.
Mrs. Hotton echoed all the complimentary remarks made about
the Queen's Pageant and from her past experience as a judge
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for that event knew what a tough job it was to make a choice.
She pointed out that new banners were up in the downtown area,
which depict the City's #1 Most Liveable City standing. She
was also glad to see some of the garbage dumpsters on the
street, indicating that some of the old buildings were being
renovated and turned into new uses.
PUBLIC RECOGNITION
Mayor Louis Mentor reported he was present in Olympia on March
18 when the House and Senate adopted the Resolutions
recognizing Bremerton as the #1 Most Liveable City in the
Nation. He also attended and enjoyed the Queen's Pageant and
he attended the School District event. He exclaimed how
exciting it was to walk downtown and see the construction
underway.
Mayor Mentor read a Proclamation recognizing Chambers Of
Commerce unite business and industry with a common goal of
building stronger communities; and they provide private sector
leadership, resources and cooperate with local governments to
advance economic development and create jobs. Chambers Of
Commerce are dedicated to promoting opportunities for higher
education, arts and entertainment. Mayor Mentor proclaimed
the week of March 31 to April 6, 1991, as CHAMBER OF COMMERCE
AWARENESS WEEK. James Robinson, President of the Bremerton
Area Chamber Of Commerce, accepted the Proclamation and stated
the 400 members of the Bremerton Area Chamber of Commerce were
interested in more than just business advocacy. They seek to
promote good relations with the U.S. Navy, support and
critique local and state government, working together through
a committee structure for overall community betterment. They
think Bremerton is a great place to live, they believe that
the Chamber objectives are worthy and propose during the
Chamber Awareness Week to share with other these worthy
objectives and ask them to join in.
Robert Schneidler, President Kitsap Physician Service,
notified the City Council and members of the community that he
was pleased to receive back the Certification of a Filings Of
Articles Of Incorporation of the new non-profit corporation
"Business For The Arts Of Kitsap County". The initial
incorporators are Mr. Schneidler, Jim Pratt of Puget Sound
Bank and John Mitchell, a Bremerton Attorney. The plans for
the Arts of Kitsap County is to provide financial support and
other essential business support to the arts organizations in
the County, both fledgling and established They hope to be
the "United Way" for the arts of Kitsap County. Kicking off
that announcement, they are proud to sponsor a production on
April 6, at the Bremerton High School Performing Arts Center,
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"Don Ricks And Friends, A Little Bit of Broadway, A Little Bit
Of Jazz". Tickets for this event are available at the
Bremerton Area Chamber Of Commerce, Silverdale Chamber Of
Commerce, Kitsap Pavilion and Bremerton/Kitsap County Visitor
and Convention Bureau.
Don Atkinson, Bremerton Main street Association, stated they
appreciated the comments made on the new banners in the
downtown area. The Sunday Market planning is coming along
nicely. So far they have had one public meeting with about 40
prospective vendors attending and a second meeting is
scheduled for March 28, 7:30 P.M., in the City Council
Chambers. A third public meeting for prospective market
participants will be held April 30, and it will be televised
live on Channel 29. The market will be located in the parking
lot between the elevated viewing platform and the Ferry
Terminal (area donated by the Bremer Trust). The market will
start with a Sunday schedule and when local fruit and produce
are in full bloom they plan to hold the market on Wednesday
evenings as well (July-August-September).
Don Larson, 135 Rainier Avenue, Chairman of the Dyes/Sinclair
Inlets Advisory Committee and President of Kitsap Diving
Association, announced he was seeking volunteers to join in
a major clean up along the Bremerton waterfront on April 20,
Earth Day. The Committee's next meeting will be April 4, 6:30
P.M., at the Great Northwest Savings & Loan Building (public
meeting room).
Harold Pickard, 2307 8th Street, stated he supported the
Council form of government, however he had a suggestion that
he felt would be of more benefit to the citizens. He
requested that Council change their procedure to allow citizen
input after the staff's report and Council's comments and
questions had been held. He explained that many times
questions and/or information come up in the minds of the
citizens during the Council's discussion time and they would
appreciate having the opportunity to share those questions
and/or facts with the Council. President Hotton stated
Council would discuss Mr. Pickard's request at a later time.
Dusty Rhodes, 2513 Reid Avenue, shared with the Council
portions of a report by the State College Board relating to
available parking spaces at Junior College campuses in Western
Washington. Student
No. Seattle Comm. College(1989)
Peninsula Comm. College (Fall)
Seattle Comm. College (Fall)
Shoreline Comm. College (Fall)
# Of Students Parking Spaces
8,512 1,400
2,937 350
8,409 350
2,868 2,200
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So. Seattle Comm. College (Fall)
Whatcom Comm. College (Fall)
Tacoma Comm. College (Fall)
6,456 1,500
3,299 plentiful
6,404 2,000
Mr. Rhodes noted most community colleges had adequate parking
but no other community college was asking this board to
support condemnation proceedings to gain additionalproperties
to meet their parking problems, much less condemnation
proceedings against parks and open space. Olympic College
statesthe City ordinances restricting parking in the area of
the college will severely reducetheir chances or option of on
street parking. He noted on September 5, 1990, the Bremerton
City Council passed an ordinance for the purpose of promoting
the provision of additional off street by the public or
private sector in the vicinity of Olympic College and
Bremerton High School. When the question "where do your
students park"?, was posed to the other College Directors
their response was "that's their problem.
6A INFORMATION ONLY - PARKS & RECREATION COMMISSION'S
RECOMMENDATION REGARDING PROPOSED REAL ESTATE EXCHANGE
INVOLVING ROOSEVELT FIELD, #AB91-076
At the conclusion of a second public meeting regarding a
proposed real estate exchange involving Roosevelt Field, the
Parks & Recreation Commission identified a number of
unresolved issues which needed clarification. These issues
will be addressed at the March 26, 1991, Parks & Recreation
Commission meeting. And, based on that decision, the
Commission will formulate a final recommendation on the
proposed exchange, which they will present during the March
27, 1991, City Council meeting.
Mariw~n Tinsley, Chairman Parks Commission, stated Olympic
College has a well documented parking problem. Bremerton Parks
and Recreation Commission has a problem also, they were asked
to solve Olympic College's parking problem. The Bremerton
Parks and Recreation Commission is appointed by the City
Council to protect the parks and open space in Bremerton and
to protect that interest for the citizens of Bremerton. The
Bremerton Parks and Recreation Commission is comprised of
members who are open minded, thoughtful and take their task
seriously. They have studied the Olympic College/Roosevelt
Field issue for the last 2 1/2 years. Over this time period,
they have taken the assigned task very seriously. Tonight
they come to Council with a recommendation for the proposed
land exchange between Olympic College and Roosevelt Field.
The Bremerton Parks and Recreation Commission go on record
stating that they do not support the proposed land exchange of
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Bremerton Lumber 1.5 acre property for the 7.2 acre Roosevelt
Field for the following reasons:
1. The Bremerton Lumber property, the revenue generated
$75,000 or $750,000 proposed if tax except bonds are secured,
is not enough money for us to be able to recreate the two
fields being lost by the Roosevelt Field. It was their
estimation in order to do that they would need approximately
1.5 million dollars.
2. The proposed expansion of Evergreen Park, acquiring the
Brem-Air and Loftus property along with the Port Commission
and the Parks and Recreation Department is a wonderful
possibility but they do not have any formal agreement or
assurance from the Port that this would come to fruition.
3. The environmental clean up of the Smith Cove area may be
a serious issue in the development of this property. They do
not know the significance of this clean up but they do know
much study will need to be done before this can take place.
At best, they know that the Brem-Air and Loftus property is a
possibility, not a given. The Bremerton Lumber property,
proposed in the land exchange, is presently a parking lot with
some buildings. They had not seen formal documentation of the
appraised value and it was their understanding that if parking
was to be expanded on that property, there may be some serious
environmental concerns, which had not been addressed. The
Port Commission, although on an informal basis, supports the
concept of working together. The Parks Commission do not, at
this time, have any interlocal agreement or word from the Port
that they are ready to come forward.
4. The overwhelming vote of the citizens of Bremerton last
spring, in the Parks Protection Ordinance, sends a clear
message to the Parks Commission and to the citizens of
Bremerton that we take parks seriously in Bremerton and that
the land should not be given away, traded or made surplus
lightly.
Any time you face a serious decision like we are looking at
now, there are many issues to weigh. When they entered into
this investigation and study, they were very enthusiastic
about the potential of this for the citizens of Bremerton.
The Evergreen Park expansion is a wonderful opportunity to
increase the quality of life for everyone in Bremerton. The
fast start to the sports complex is exciting. The possibility
of developing additional ball fields and soccer fields at the
American Legion site is also a great way to increase
opportunities for youth. And, the willingness of the City,
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the college, the Parks and the Schools to come together and
look at a viable solution is an excellent start to working
relationships within the City. Out of this dilemma comes some
good. Communication lines have been opened, the City Council
has been supportive and responsive to all of their issues and
questions. Ideas have been generated into the community that
have excellent merit for parks and schools. We have seen a
vision of what we can become if we are willing to work
together. We have brought to you tonight the only decision
that we as prudent Park Board Commissioners can bring. Based
on the information presented us at our hearings and the review
of the questions given to us by Council, we do not support the
land exchange.
You, as a City Council, have an equally difficult
responsibility, for you must see the bigger picture. You
represent not just the parks but the community and it is
important for you that you keep the vision alive for what we
can become. Keep the Bremerton dream alive.
Mr. Waibel thanked the Parks Commission for their report and
their serious consideration. President Horton stated she
echoed that comment and knew that they had spent many hours in
serious deliberation and they had not taken their task
lightly.
6B - ADDENDUM TO CONTRACT WITH CORROON & BLACK ADMINISTRATIVE
SERVICES FOR CLAIMS ADMINISTRATION SERVICES #AB91-077
The City self-insures its workers compensation exposures and
is therefore required by law to utilize the services of a
certified claims administrator. Gates McDonald performed
those services for most of our W.C. claims throughlJanuary
1991. Due to service handling problems, the City solicited
statements of qualification from other organizations and
entered into a contract with Carroon & Black to service all
new claim~ effective February 1, 1991. Old W.C. claims
continued to be serviced by Gates McDonald while the City
searched for an economic way to satisfactorily handle them.
After reviewing the open claims files, Carroon and Black
agreed to assume administration of those claims under the same
terms and conditions as they handle our new claims, for an
additional fee of $3,500. Amending the existing contract with
Carroon & Black will bring the total value of their
professional services to $11,500. This exceeds the $10,000
cap established by ordinance and therefore City Council
approval is required.
Kathleen McCluskev, City Clerk, noted an addendum was included
in the Council packet along with a copy of the Claims Services
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contract that the City had entered into for the basic claims
service. Carroon and Black offered a very good price for
handling prior claims.
Public Comment - none.
Mr. Dawkins questioned the current number of City employees?
Ms. McCluskey stated about 250.
Mr. Johnson questioned if the proposal was approved and
Carroon and Black take over the service, would the previous
company give the City a refund? Ms. McCluskey stated
discussions were underway to resolve that issue in an
equitable manner.
M/S/C/U(Johnson/Dawkins) to approve the amendment to the
contract with Corroon and Black Administrative Services to
include services for Workers Compensation claims which were
open and pending as of February 1, 1991.
7A - ORDINANCE (FIRST READING) AMENDING THE OFFICIAL ZONING
MAP TO CORRECT ANERROR FROM "GB" TO "SF" ON THE WEST SIDE OF
MEATON WAY (BARRIE REZONE) #AB91-07877
A new City-wide Zoning Map was adopted in 1988. That map
included the eastern most 150 feet of a 10-acre parcel owned
by James and Sheela Barrie in the "General Business (GB)"
zone, while leaving the remaining 9/10 of the parcel in the
SF-3 zone. The owners did not request the'commercial zoning,
had no intention of developing or using the property for
commercial activities, and felt an error had occurred. A
Rezone request was made to return the Wheaton Way frontage of
the property to residential zoning.
On March 13, 1991, the City Council conducted a public
hearing, considered the Planning Commission's recommendation,
and approved this fezone from "GB" to "SF-3".
Public comment - none.
Mr. Waibel stated that he would not support this proposal as
he did not believe an error had been made at the time of the
zoning change.
M/S/C(Colvin/Johnson) to approve Ordinance, on first reading,
amending the Official Zoning Map of the City of Bremerton from
"GB" to "SF-3" on the eastern most 150 feet of a parcel
fronting on the west side of Wheaton Way (Barrie Rezone)
Vote: In Favor: Estes, Horton, Dawkins, Colvin, Johnson
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Opposed:
Motion carried.
Waibel, Horning
7B - ORDINANCE #4314 (SECOND READING) ADOPTION OF BREMERTON
MUNICIPAL CODE "INATTENTION TO DRIVING", #AB91-066
Public comment - none.
Mr. Colvin questioned the definition of "inattentive driving"
and how would the court prove such a charge? Jim McNamara,
Assistant City Attorney, stated the proposed ordinance
identifies "inattentive driving" as driving in such a manner
as to fail to maintain a careful lookout adequate to avoid
endangering or colliding with persons or property. Typically
what happens now, is that the officer may charge an individual
negligent driving when an accident occurs when there is no
other reason why the accident occurred, i.e. the driver was
not doing good enough job as a driver. The charge of
negligent driving is a serious offense so by having the lesser
charge of "inattention to driving" the court has some
flexibility to find that the driver had some fault but was not
doing anything out of the ordinary. The driver may have been
following too closely or possibly not driving properly for the
road conditions at that time and his attention was diverted.
A "negligent driving" charge would have an impact on his
driving record. If the driver was charged with negligent
driving and if the City was not able to prove a case that it
was that high a standard of poor driving yet the driver was
still at fault due to inattention to driving, then they could
be charged with the lesser offense.
Mr. Waibel stated he would not support this proposal because
of his experience with logic and the English language. If
someone had a collision with persons or property, they would
be guilty under this ordinance because they would not have
maintained an adequate or careful enough lookout to avoid
endangering or colliding. Mr. McNamara stated the city still
had the burden to prove that it was the driver's fault. Mr.
Waibel stated not by this definition. Mr. McNamara stated the
City would still have to prove that they were unable to avoid
the accident and if they could demonstrate there was no way to
avoid the accident, forces beyond their control, then that
would be an adequate defense. Mr. Homing stated or if they
did it on purpose. Mr. McNamara stated that happens.
President Hotton stated she did not believe this citation
would be used at every accident and it was up to the Police
Officer's judgement whether or not the accident was avoidable
or not. If, in fact, there were extenuating circumstances it
would be the officer at the scene who would make that
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judgement. Mr. Waibel stated if the proposed definition said
"to fail or maintained in a case where it was avoidable
adequate then it would be ok. Mr. McNamara stated the purpose
of that was to impose upon drivers the duty to maintain that
careful lookout. Mr. Waibel stated the proposed wording did
not differentiate between accidents that were avoidable and
accidents that were unavoidable. Mr. McNamara stated that
would be the purpose of a contested hearing. It goes without
saying that hopefully the person would not be charged unless
in the discretion of the officer it appeared that the person
was guilty of the offense, then the burden would shift to the
City, at that point, to maintain that it was an avoidable
accident to negate the defenses.
M/S/C(Dawkins/Estes) to pass Ordinance #4314, on second
reading, making it unlawful to drive a motor vehicle in an
inattentive manner, and amending Chapter 10.04 of the
Bremerton Municipal Code.
Vote:
In Favor:
Opposed
Estes, Horning, Horton, Dawkins, Colvin,
Johnson
Waibel
7C - RESOLUTION #2340, CITY OF BREMERTON BICYCLE COMMITTEE
REVITALIZATION AND AGENDA
The Bicycle Advisory Committee has been relatively inactive
for'the past five years. The Administration was approached by
the newly reorganized West Sound Cycling Club regarding their
input into City bicycling issues. The Administration and
several club members have developed an issues agenda and the
members volunteered for membership in the Bicycle Advisory
Committee. In order to publicize the new agenda and energy
brought by the new members Resolution #2340 is offered.
Don Pratt, Director Of Community Development, described how
Mayor Mentor was contacted by several members of the West
Sound Cycling Club offering to help on City issues regarding
bicycling. The City does have a number of bicycling issues of
concern, not the least of which is parking bicycles downtown
and several bicycle routes. Mr. Pratt stated he was pleased
to discover their "agenda" was similar to the City's and he
welcomed their participation with Planning staff and the
Mayor's Advisory Committee.
Rich Ankiel, President of West Sound Cycling Club,
representing the West Sound Club, stated one of the reasons
for his support of this proposal was to make biking safe and
inviting to commuters and those who bike the roads for
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recreation. He raised the question how could this be
accomplished in a growing City? First, he believed the City
needed to be informed on bicycling issues and to be inform
they need someone with the expertise to informthem. The West
Sound Bicycling Club members are considered experts on biking
and passionate on the sport of bicycling. If the Advisory
Committee is formed, they will express the needs of the bikers
to the City Council and because they are bikers they will know
what needs to be done to make it more safe. Biking can
decrease vehicular traffic, helping to decrease a number of
environmental affects, as well as individual fitness for those
who do choose to ride a bike.
Kathy Thomas, Secretary of the West Sound Bicycling Club,
stated she believed the Advisory Committee could help resolve
a lot of the biking concerns in the downtown area, i.e.
parking. Also an Advisory Committee could help promote safe
cycling and also make both vehicle drivers and cyclist aware
of their rights and responsibilities. They would also like to
encourage some bike rides, promotional rides and events that
will bring people to downtown Bremerton.
Tim Baker, West Sound Bicycling Club members, stated he
believed bicycli~g was more than just a sport, but a viable
means of transportation if bike routes were adequate. He
promotes bike riding every opportunity he has. The single
biggest issue against bicycling is traffic and he hoped with
the help of an Advisory Committee some of the more difficult
bike routes could be worked on to make them more safe and more
attractive to the beginner bikers.
Mr. Waibel stated he was in favor of taking advantage of the
local experts in the area of biking, however, there were some
mandatory provisions in the proposal which he had some concern
over. Mr. Pratt suggested the following changes to the
proposed Resolution: 5th paragraph to state: "BE IT FURTHER
RESOLVED THAT THE CITY OF BREMERTON: does recognize the
following issues and tasks to be considered by the Mayor with
the advice from the Bicycle Advisory Committee:"; and under
Item #2: "Considering possible removal of bicycle route
signs .... ".
Mr. Dawkinsquestioned if this would guarantee a bicycle route
would be mapped along the waterfront? Mr. Pratt stated no, as
that item had not been discussed with the Advisory Bicycle
Committee yet. He noted there was a problem with mixing
bicycle routes with pedestrian routes. It was the Mayor's and
his feeling that in a pedestrian situation, such as the
boardwalk, they did not want to sign it as a bicycle route and
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have bicyclist going 20 miles per hour down the boardwalk
where pedestrians may be present. For that purpose, they had
specifically tried to avoid designing it as a bicycling route
and would tryto design other routes parallel to the boardwalk
area. The Bike Club expressed the hope to find routes through
the City for travel and recreational purposes and to then test
those routes to make sure there was adequate room and pavement
width.
Mr. Colvln questioned if the waterfront plan included places
to park bicycles? Mr. Pratt stated the budget did include
amenities like that in several places. He would also be
interested in the Club's reaction as to whether or not enough
parking facilities had been provided for in the proposed plan.
Mr. Johnson stated he felt the previous Bicycle Advisory
Committee was established on a more formal basis and being
tied to some grant funding and appointment procedures. He
questioned if this new group would have any conflict with what
was done in the past? Mr. Pratt stated not to his knowledge.
Some of the recommendations from the last Bicycle Committee
were adopted into the City's Zoning Code. There are no
remaining grants for grant activity, however, Council may see
some recommendations from the Advisory Committee to start some
up. Mr. Johnson questioned if the Bicycle Route Maps would be
updated? Mr. Pratt stated he felt it was premature to assume
that would be done as no budget had been established for this
Committee and the only tasks identified are in the Resolution.
One of the first things to do would be to reconstitute the
committee, establish an agenda and understanding how they
would make recommendations to Council. The City does receive
funding through the State Arterial Fund annually and the City
is required to spend a percentage of those funds on bicycle
activities either planning, programs or facilities. Planning
needs to go into how that money will be spent and he sees the
~ole of the Advisory Committee as a body to study uses for the
funds and bringing recommendations back to Council. Mr.
Johnson pointed out the Advisory Committee would be answering
directly to the Mayor. Mr. Pratt stated that was correct,
they would be advising the Mayor and the Mayor would then
bring those proposal to the Council. Mr. Johnson pointed out
that at least 50% of committee membership being proposed
are individuals living outside of Bremerton. He questioned if
the indefinite expiration terms may present a problem if a
new Mayor was elected? Mr. Pratt stated the two names listed
on the Advisory Committee now were individuals who were listed
as committee members for the past five years. There have been
no appointments to the Committee as yet, however, the Mayor
has talked with the Bicycle Club about such appointments. If
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there are appointments, residency was a consideration,
although he could not guarantee there would be 100% residency.
The last discussion he had with Mayor Mentor was that there
would be an increase in percentage of residency for those
serving on the Committee. Mr. Johnson suggested some
staggering of terms at the formation of this Committee. If
the Committee responsibility grows beyond that stipulated in
the Resolution, and become an official commission of the City,
he felt it should come back as an Ordinance establishing it as
such including good business rules for it to function under.
Mr. Pratt stated he believed the Mayor agreed with that
suggested process, but they also agreed this was a very
positive type activity and looked forward to more
opportunities to bring this issue before the public.
Mr. Estes encouraged the Committee members to not get
discouraged initially, but to work to resolve some of the
bicycle parking needs in the downtown area. He felt bicycles
would become more prevalent in the future and could one day be
the major form of transportation.
M/S/C/U(Waibel/Johnson) to adopt Resolution #2340, with the
corrections as listed by Mr. Pratt.
7D - ORDINANCE #4309 (SECONDREADING) REFORMATTING TITLE 15 TO
MEET CURRENT REGULATORYAND OPERATION REQUIREMENTS, #AB91-054
Bill Duffy, Utilities Director, stated the objective of
reformatting Title 15 was to provide better organization of
the Title: Section I provides for the General Provisions of
the Utility together with the definitions for various elements
outlined in the code; Section II and Section III deals with
water and wastewater service; Section IV deals with assessment
rates and charges; Section V deals with Utility billings;
Section VIII deals with the Appeals process.
The significant changes in the code provide for a new layout
and provides for a simplified Wastewater Rate structure. It
increases the automatic check handing credit from 25 cents to
$1.00; provides some clarity in the assessment section for
people desiring to hook up to the system; provides for a
Construction Standard for those making improvements to the
system; eliminates some surcharges, particularly in the East
Bremerton area.
Public comment - none.
Mr. Colvin questioned clarity of the automatic check handing
process? Mr. Duffy explained if someone agreed to have their
utility bill paid directly from their bank account they would
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receive a $1.00 credit on their billing.
Mr. Waibel pointed out this item had been before Council
previously, including a lively discussion during a special
Study Session. During this previous discussion several items
had been changed and due to the significance of those changes
he believed the Ordinance should return to the status of a
"first reading" this time.
Mr. Johnson stated in Section 15,070,050, last sentence, he
requested the word "all" be added so that the sentence reads:
"Duplicate bills sent to a different address shall be assessed
a duplicate billing charge sufficient to recover all costs of
processing and mailing.
#2886
M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading,
updating Title 15 of the City of Bremerton Municipal Code and
authorizing the Mayor to implement the revisions to the code
subject to the Administrative Policies and Procedures except
for those provisions for the City's Stormwater Program; and
including the word "all" before the word "costs", under
Section 15.07.050, last sentence.
8A - PUBLIC HEARING - RESOLUTION #2338, ESTABLISHING
FEES,RATES AND CHARGES FOR UTILITY SERVICES, #AB91-055
The Utility, pursuant to the revised Title 15 of the Bremerton
Municipal Code has a requirement to establish fees, rates and
charges for utility services.
Attached for Council's consideration is a Resolution
establishing said fees, rates and charges. The Resolution
provides for an 8% increase in water rates and a 4% increase
in wastewater rates, revises the assessment rates for
connection to the wastewater system and further provides for
a fee and rate structure for a stormwater utility.
.Bill Dully, Utilities Director, stated water rates had not
been raised since 1983. He provided a display board showing
what the average bill would be per residential customer, using
approximately 1500 cubic feet of water. Their bill would
increase, over a 2-month billing period, from $13.85 to
$14.75 (about 45 cents per month).
A wastewater rate increase of 4% is being proposed and
calculated on the commodity portion. Wording of the
wastewater rate structure was simplified to make it easier for
the citizens to understand. That rate increase would amount
to about 82' cents per month for an average residential
customer using about 1500 cu. ft. of water; for a total
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increase of approximate $1.25 per month.
The following sections have been reorganized:
Water:
Assessment Rate - no change
Front Footage Fees - no changes
Connection Fee -3/4" and 1" remain the same but
11/2" and 1" have been given a flat rate
Rate Structure - no change in basic part but did
increase commodity charge
Fire Protection Costs - slight increase
Hydrant Service - fee schedule
Low Income-Senior Citizen-Disabled Citizens rates -
revised to conform with Dept. of Social and Health
Services requirements
Temporary Construction Meters - using same rates but
formalizing into the Resolution
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Wastewater:
Wastewater Assessments - currently the wastewater
assessments provide for a flat rate of about
$800/month - this has been broken down into a
General Facilities Fee ($150.00 per residential
unit), Front Footage Fee ($8.00/foot. Outside City
Limits $12.00/foot), plus an Inspection Fee
Rates - have been simplified with a base charge
together with a commodity charge (4% rate increase
proposed)
Customer Classifications - no change
Low Income-Senior Citizen - Disabled Citizen Rate -
this has been added meeting State requirements
Miscellaneous Charges - duplicate billing, meter test
fee schedule for testing water meters, office
services, which includes account maintenance and
billing fee notices, automatic check handing
service has been increased from 25 cents to $1.00
credit, field services, new charge - wet tapping,
fire hydrant installation has gone from
time/materials to a flat rate, water meter removal
charges and cross connection control inspections,
etc.
Mr. Duffy explained most of the fees had already been in
effect, however, this process formalized them.
President Hotton requested Mr. Duffy explain why he was
bringing the proposed increases at this time and to identify
what the additional revenue would be used for in Water and
Wastewater. Mr. Duffy stated as a result of the rate hike,
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most of the increase would be covering the cost- of- living
increases incurred over the past few years. The City had been
very successful in subsidizing the rates through timber sales.
Due to the ban on export of logs, the market has been hurt
somewhat.
Mr. Dully provided a chart showing comparable rates of other
cities and Kitsap County rates. He noted even with the
proposed increases the City of Bremerton still had one of the
lowest water rates in the County.
Harold Pickard, 2307 8th Street, raised the following
questions:
1. What goals will this 8% price increase raise for the water
Utility?
2. How many years before another rate increase is
implemented?
3. Are the COLAS a public policy for the Water Department
employees?
4. Does Bremerton plan to provide water to Bainbridge Island?
If the answer was yes, what plans are projected for adding
holding capacity on the water shed?
5. Will the Council make available to the public the
specifics contracts now in effect for the largest users of
City water? He was concerned that Puget Sound Naval Shipyard
paid their fair share for water and wastewater services.
He pointed out that Bremerton was benefitting from lower rates
due to the foresight of thinking City fathers who served in
earlier years, who purchased valuable watershed property for
a very reasonable amount of money.
Ron Carpenter, Bremerton School District, stated they were one
of the larger users and they requested as much lead planning
time as possible for them to provide adequate funding in their
budget to cover such increases.
Chuck Lauback, 215 6th Street, representing Puget Rental
Operators Association, stated he did not have any great
concerns over the proposed rate increases, however, he did
want to leave a letter, with the City Clerk, that he wrote
that dealt primarily with the storm water issue.
Muriel Gutdis, 2133 8th Street, questioned if "summer rates"
would be included in the resolution?
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Mr. Dully explained summer rates were already built into the
wastewater structure, using the winter time consumption to
calculate the sewer bills during the summer. With regard to
what the goals would be for the 8% rate increase - most would
be taken up by inflation, however, in 1986 the Federal
Government passed a new set of amendments to the Safe Drinking
Water Act, which did have significant affects on Bremerton;
particularly with the Surface Water Treatment Rule, which
provides that the City may some day in the future built a
surface water treatment plant and/or increase monitoring and
land ownership to protect the City's water. Effort is underway
to purchase more land within the watershed area, giving the
City 100% ownership.
In response to the question "how long before another increase
would be implemented?", he stated he would not be back next
year. In regard to the COLAS, the payroll for the entire City
was managed out of another department, the Treasurer's, and
increases are granted through collective bargaining
agreements. In response to the question "whether Bremerton
would be providing water to Bainbridge Island?", he stated no.
The City does have two wholesale Utility contracts, one being
the City of Port Orchard and the other with the United States
Navy. Me suggested that Mr. Pickard contact his office or the
City Clerk's office to obtain copies of those contracts. Both
entities do pay their fair share of services received. The
Puget Sound Naval Shipyard uses approximately 30% of the
City's water supply.
Mr. Pickard questioned if the City had considered employing a
Water Chemist, who would be responsible for monitoring the
quality of the water? Mr. DuffV explained the State Health
Department does require a significant amount of monitoring, in
fact, over 60 samples are taken monthly. Presently he was
advertising to hire a Water Quality Manager, who would also
provide assistance in this area for the Utility.
Kathleen McCluskey, City Clerk, read into the record a letter
received from Jim Adrian, 621 Washington Avenue. Mr. Adrian
outlined the following concerns:
(1) Headings of Agenda Bills need to clearly state the item
that is being presented.
(2) In his opinion, setting the rates by Resolution and not by
Ordinance was in violation of the City Charter.
(3) The most disturbing element of the storm water package
was the fact that these rates can only be levied on residents
of Bremerton and not all utility users.
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(4) Mr. Adrian requested that the Council request staff to
return the ordinance to the staff for rework to include at a
minimum the rates with the ordinance. And, to have the water
and wastewater portions returned to Council for passage.
Lastly, to work on the stormwater portion until an equitable
funding mechanism was established and all who contribute storm
water will pay.
Mr. Johnson pointed out Council did not even want to consider
supplying Silverdale with water and serving Bainbridge Island
would definitely be out-of-the question. In response to the
concern that the City may run out of water, as experienced a
few years back, Mr. Johnson explained that during the drought
season a few years back was complicated not by the lack of
water but the unavailability of pumps that were under
repair/maintenance at that time. Mr. Duff~ noted since that
time he had drilled a significant number of new wells, some
have been developed and are being used and other have been
capped for future use.
Mr. Homing stated he shared Mr. Adrian's concern about the
proper process of using an ordinance for this process rather
than a Resolution. However, he questioned if summer rates
were automatic for everyone, including multi-family? Mr.
Dully explained they were automatic for residential and multi-
family, but not for commercial. Mr. Homing pointed out this
form of government, which is in its 9th year, has
significantly changed and improved the size of the water shed,
the ownership, annexed it to the City and have set forth
greater protection procedures. He was proud to have been part
of this effort to provide for the citizens of Bremerton now
and in the future.
Mr. Estes noted if the County Commissioners were successful in
implementing a Comprehensive Plan For Utilities, the City
would be concerned with the possibility of having to provide
water to Bainbridge Island.
President Hotton questioned if the water bills will be easier
to read once new format is adopted. Mr. Duffy stated yes.
Mr. Johnson questioned if something should be included in the
Resolution regarding the timing of the rates? President
Hotton noted that will be included in the implementing motion.
#0834
M/S/C(Waibel/Horning) to adopt Resolution #2338, with the
language in the Resolution to be modified to say: "Be It
Resolved That the City Council of the City of Bremerton that
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the following fee and rate schedule is adopted for inclusion
in Ordinance form for the Municipal Water and Wastewater
fees"; and that ordinance would contain the effective date
timed with the billing cycles.
Mr. Johnson noted his displeasure over the further delay of
instituting the new rates. President Horton pointed out the
new rates could not go into effect until the Title 15
Ordinance was in effect. Mr. Waibel stated it was desired to
time the rate increase to go into effect at the billing cycle
timing. Mr. Johnson suggested adding wording to say that the
rates when into effect when the ordinance was effective. Ms.
McCluskey noted it would be best to have the rates effective
on a certain billing schedule that needed to be defined by Mr.
Duffy.
Mr. Colvin stated a lot of citizens depend on the news media
to learn what action is taken by the Council and he hoped the
media would publish the current and proposed rates.
Mr. Johnson stated he would oppose this because it is one more
delaying tactic. President Hotton emphasized that even if a
Resolution was used to increase the rates, they would not go
into effect until the next billing cycle. Mr. Duffy stated it
would have to be implemented at the conclusion of the next
billing cycle, so there will a period of about 60-70 days when
that would become effective. Mr. Johnson pointed out that
would be the fourth agenda item on this particular subject.
He questioned how long did it take for Council to make a
decision? President Hotton stated this will give indication
that Council has made a decision and the paper work would
follow.
Vote:
In Favor:
Opposed:
Horning, Waibel, Dawkins, Colvin, Estes,
Horton
Johnson
7E - ORDINANCE (FIRST READING) AMENDING THE ClTYtS CODE OF
ETHICS, #AB91-079
The current Ethics Code was extensively revised by the Ad Hoc
Ethics Committee chaired by Councilman Estes during the middle
of the year. The final draft has been circulated for comment
to City departments and bargaining units and conunents were
included by the Committee where needed.
The broadest changes are:
1. Format - the required distribution of this Code and
acknowledgement by City employees is continued. The value of
the Code as a required condition of employment is promoted by
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considerable shortening and reorganization into three subject
areas. Hopefully, comprehension and retention will improve.
2. Enforcement - the never-used Ethics Commission has been
replaced with an internal review and investigation process
conducted by the Department Head or by appropriate elected
officials. Appropriate checks and safeguards are provided.
3. Use Of Property - This subject has been relegated to
future personnel policy development, such as the recent policy
on phone use. Restrictions may vary by employee group,
department or type of City property. In some instances,
policies will need to be bargained due to past practices of
the City in regard to property use. Once properly adopted,
use of property, to the extent allowed, will become part of
the employees compensation package and not a misappropriation
or gift of public property.
Wayne Estes work had been underway on this ordinance for the
past 14 months, having received input from all directions.
Public comment - none.
Mr. Johnson requested clarification for the public record
that in the event an elected officials was brought up on an
ethics charge that the Mayor would met with remaining Council
members in an Executive Session. Jim McNamara, Acting City
Attorney, stated the statute provides specifically that
Executive Sessions can be called for this type of action,
i.e., investigation of violation of the Code of Ethics. It is
also provided that if the person who was being questioned
requested a public hearing that it would be held outside an
Executive Session at a public hearing. Mr. Johnson suggested
making the following changes: (1) something needs to be
addressed in the ordinance about the powers of the committee,
i.e., can they spend money, can they subpoena records, who
would act as chairman of the group, etc.; (2) adding the
"defendant" to the last sentence of Section (c). He
questioned if it was property to carry out an investigation on
someone without their knowledge of such an investigation? Mr.
McNamara stated there would not be anything legally
inappropriate with such actions. Under some circumstances it
might be necessary in order to prevent someone from covering
their actions. There is not requirement for a pre-
confrontation prior to the investigation. Mr. Johnson
questioned under Civil Penalties, who would be paid the $500?
Mr. McNamara stated it would be his understanding that by
default it would go to the General Fund.
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Mr. Waibel noted prior to a decision being made, the defendant
would have the opportunity to defend themselves. Once a
charge was made then it would required that the person being
charged receive notification. Mr. McNamara stated there was
the option of going against a suspect through civil or
criminal action.
Mr. Colvin requested clarification of Section 2.96.070(a)?
Mr. McNamara stated this section provides a reporting
mechanism if there is a perceived violation of the Code of
Ethics the first action would be reporting to the employee's
Department Head. If the suspect was a Department Head, then
the violation would be reported to the Mayor. The third
alternative was in the invent the suspect was the Mayor or
Council member, the complaint would be filed with the
remaining Council members and the Mayor.
Mr. Homing noted if this went to a committee of the Mayor and
Council, and the decision was split would the Mayor be a
voting member? Mr. McNamara stated under this situation he
would have a vote.
#1231
Mr. Johnson questioned if the proposed ordinance been before
the Bargaining Units? Mr. Estes stated yes.
M/S/C/U(Estes/Johnson) to approve Ordinance, on first reading,
amending the City's Code of Ethics, reflecting Mr. Johnson's
comments.
With no further business meeting adjourned at 7:50 p.m.
KA LEEN L. McCLUSKEY, City Clerk
L ~' ~
LN~OHORTON, Council President
City of Bremerton
KLM/LH/me
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