HomeMy WebLinkAbout05/08/91#0073
#O~B3
CITY COUNCIL MEETING MINUTES
May 8, 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, May 8, 1991 at 5:30 p.m., with
Council President Lynn Horton presiding. Council members present
were: Wayne Estes, Spencer Horning, Morrie Dawkins, C. R. "Tiny"
Collins, A1 Colvin and Hank Waibel. Councilmen Lon Overson and
Russ Johnson were 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 the Invocation was given by Reverend Paul
Meeker of Our Savior Luth&ran Church.
CONSENT AGENDA
A. Minutes Of Meeting - April 24, 1991, #AB91-116
M/S/C/U(Waibel/Estes) to approve the 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 which
has been made available to the council.
M/S/C/U(Colvin/Dawkins ) on May 8, 1991 the Council does approve
for payment those vouchers included and further described as
follows: 128675 through 128677, 129091 through 129238 in the total
amount of $191,837.31 and Regular Payroll in the total amount of
$402,515.24.
COUNCIL MEMBER REPORTS
Mr. Waibel stated he had a very good time at the Parks Department's
"Volunteers Night" and two of his daughters participated in this
event. The Parks Volunteer program is.an extremely active program
- 170+ individuals were recognized for their volunteer efforts to
the Parks Department programs. Last week, on Tuesday and
Wednesday, representing the Bremerton Armed Forces Committee, he
traveled to Colorado Springs (Peterson Air Force Base), Colorado.
He had the opportunity to tour NORAD, the underground SAC
operations center. While there, he met the pilot of the plane that
lead the fly over during the USS Hornet's reunion ceremonies. He
also toured Fauken Air Force Base, where all the operational
satellites are launched, deployed and monitored. He was very
impressed with the Air Force Academy and he encouraged young people
in Bremerton to look into such educational opportunities that they
offer. On May llth he attended the Childrens' Art Festival and he
also enjoyed attending a Mariners' game. In spite of the wet
weather on Sunday, the Farmers' Market got a good start. '~
Mr. Colvin reported Bremerton Night at the Mariners' game was well
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 2 of 19
attended by the citizens of Bremerton and he hoped next year there
would be twice as many attending.
Mr. Dawkins attended Bremerton Night at the Mariners' game, they
won and they are still winning.
Mr. Collins reported the Farmers' Market was a success. The
vendors spirits were not dampened by the rain. He hoped more
people will come and experience this new activity on the
waterfront. He explained he had removed the yellow ribbon from
his microphone and the reason was because General Schwarzkopf gave
his presentation to the Country today before Congress and it was
one of the most heart rendering talks he had ever heard. It made
him proud to be an American and to have backed a war that we didn't
like and didn't want but it had to be done and the Armed Services
and American people said "go do it" and it was done.
Mrs. Morton reported she and her daughter attended the Childrens'
Art Festival on Saturday and enjoyed it very much. The Parks
Department had good activities as well as good entertainment and
she was happy the community turned out so well for this event. She
didn't attend the Mariners' game but looked forward to attending
next year if they pick some other night than "bat night".
PUBLIC RECOGNITION
MaYor Mentor recognized the following students who participated in
the YMCA Youth Legislature: Andrew Leadbetter, Teresa Moore, Dennis
Quinlin, Amy Morrison, Jason Berger, Terry Angel, Andrew Alexander,
Susie Long, Lou Fan, Brad Zentner, Christina Smock, Wess Schriner,
Melinda Sodorokus, Heather Demkowski, Sandra Pesenta and James
Lamb. The YMCA Youth Legislature takes over the State Capital each
spring for four days, since 1947, and student participation is
organized through local YMCA's and High Schools. The selected
student delegates debate issues, meet with Municipal and State
elected officials and staff, propose legislation and lobby
positions. Each year they pick an outstanding delegation from that
State-wide group and the Bremerton/Kitsap County delegation was
selected as that outstanding delegation. Mr. Colvin stated in
addition to recognizing the outstanding students, he wished to
acknowledge Mr. & Mrs. Oraker and Councilman Wayne Estes for their
involvement with this group. Mr. Estes stated Mary Norwood also
deserved recognition for her involvement as well.
Carl Johnson, Board member of Project Family, expressed his
appreciation of the many volunteers, Bremerton government and other
agencies that provide necessary support to Project Family. He
announced Project Family's 6th Annual County-Wide Leadership Prayer
Breakfast will be held October 24. The guest speaker for this
meeting will be Joe Foss, former Governor of the State of South
Dakota, a recipient of the Congressional Medal Of Honor. Lastly,
he had been privileged to be involved with a couple of small groups
of community leaders, who meet on a weekly basis. Among the things
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 3 of 19
they do when getting together is to pray for our community and
specifically for the City Council.
Lena 8wanson, 2123 Snyder Avenue, expressed her great concern over
a recent newspaper article in The Sun regarding the initiative she
is chairing regarding a change in government. She read into the
record the initiative that is being made available to the public:
"To The City Council, State Of Washington, we the undersigned
citizens and registered voters of the City of Bremerton,
Washington, respectfully request that a certain proposed amendment
to the Bremerton City Charter, a complete copy of which proposed
amendment appears attached to this petition, will be submitted at
the next General Election to be held November 5, 1991, for approval
or rejection by the voters of the City of Bremerton and would
become effective January 1, 1993. And, each of the undersigned
petitioners states that he or she is a registered voter of the City
of Bremerton, whose residence appears beside his or her signature".
To clarify the recent news article, she stated the following:
"Should the Bremerton City Charter be amended to change the form of
government, effective January 1, 1993, to provide for an elected 5-
member full time City Council with Executive and Legislative
responsibilities, to take office January 1, 1993 and to consist of
a Mayor, with supervision of Police and Fire Departments, a City
Clerk, with supervision of Administrative Services, a Public Works
and Utility Supervisor, a Budget and Finance Officer and a Parks
and Recreation Supervisor, all to be elected at large". She stated
she was distressed with the City Council, as a group, and felt they
were interfering with Administrative responsibilities of the City.
Roy McInnis, 2711 Maple Street, stated he did receive a letter from
the City Clerk regarding streets being blocked off in Bremerton
Gardens. In her letter she stated that the City was not
responsible for streets in Bremerton Gardens. He felt since the
City would be providing Police, Fire and Medic 1 services to the
Bremerton Garden's area, they should have access to the area. He
felt it was a dangerous situation should there be a fire or medical
emergency in the Bremerton Gardens area. He was still looking for
some type of solution to the problem of streets being blocked off
and would appreciate being notified if a solution was found.
President Morton requested Ms. McCluskey, City Clerk, readdress
that issue or comment on it. Kathleen McOluskeV, City Clerk,
stated Bremerton Gardens is a private property. The City dedicated
the streets to them and has-no authority to go to them and require
them to do anything on those streets~ She did alert the
Engineering Department and Public Safety is aware of the situation,
however, in talking with the City Attorney there is not a lot the
City can do other than make Bremerton Gardens also aware of it.
She reported Engineering Department staff did go out and review the
situation, however, they did not express the same concerns that Mr.
McGinnis had and they had no further comments. Ian Sievers, City
Attorney, stated proper fire lanes must be maintained even in
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 4 of 19
private parking lots and he felt the Fire Department could review
the situation to make sure that at least the minimum fire lane
standards are maintained. President Hotton pointed out if the Fire
Department had concerns they would forward them to Bremerton
Gardens.
Elizabeth Buell, High Avenue, stated she did not understand if the
College wanted Roosevelt Field for parking or for new buildings and
questioned what would they then do for parking? President Morton
pointed out the only one who could answer that would be a
representative from Olympic College.
Don Larson 135 Rainier Avenue, President of Kitsap Diving Assoc.,
informed the Council and citizens that May has been designed as a
National Take Pride In America Month. He noted through their effort
to clean up shorelines along Dyes/Sinclair Inlets, over 12
dumpsters of garbage had been collected. What he would like to see
in the future is more people taking care of the shorelines around
Kitsap County. He announced on Friday, May 10th, 9:30 AM, at the
Silverdale Dock, Petty Officer Walter Bennett of Bangor will head
up a clean of Dyes Inlet shoreline. Kitsap Dive Club members and
US Navy divers will be cleaning around the Silverdale Dock. Anyone
wishing to help at this event can just show up at the Silverdale
Dock. Mr. Larson reported Petty Officer Bennett won the PI
Jefferson Award for his community volunteer efforts and will be
traveling to Washington, D.C., to compete nationally on that award.
He announced on May 18 there will be a Low Tide '91 Beach Sweep, a
funding raising event to help out Tacoma Point Defiance Zoo and
Aquarium, Seattle Aquarium and Port Townsend Marine Science Center.
6A - FIRST OUARTER PROGRAM REPORT FROM THE KITSAP COUNTY ECONOMIC
DEVELOPMENT COUNCIL, #AB91-117
Earl Smith, Executive Director Economic Development Council, stated
his Board agreed that he spend what he considers to. be an
inordinate amount of time in Bremerton and 60% of his time is spent
doing the things they, the County, think we should be doing in the
City. This is done on purpose, not by mistake.
A handout was provided showing a new set of 1991 demographics. He
cited the"Retail Office and Commercial Rental Rates in Bremerton"
as compared to the rest of the County and where that stands. Due
to the City/County being designated #1 in the Country, they had to
purchase 2,000 additional copies to distribute to businesses who
were looking to locate in Kitsap County.
Procurement Proqram - he was pleased to reported that he had found
funding into the out years to continue this program. The Defense
Logistics Agency will, he believes, fund this program. This would
be in partnership with Snohomish County, Pierce County, King County
plus Kitsap County. This will bring more marketing to our
businesses from the other side of the Sound.
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 5 of 19
Mrs. McCluskey invited him to a meeting with Chuck Clark, who
accompanied Governor Gardner during his visit to Bremerton. They
discussed what we would do if we lost a lot of military jobs
here...that to him was secondary to what we established in that
meeting. They were able to discuss with Mr. Clark the possibility
of doing some Bremerton revitalization through State funding. The
City needs to do some things to qualify as a City for State
programs and this was discussed at that meeting. Another issue
discussed was "affordable housing". The initial meeting with Mr.
Clark lasted for approximately 45 minutes, and it is Mr. Clark's
desire to come back for a longer meeting to address these issues.
Mr. Clark was thanked for the State funding allocation to the
Turner Joy project and requested to provide some additional funding
for the Admiral Theater project because that was one of the few
areas that the State could help the City.
He appeared on KIRO TV, Inside Northwest Business, KIRO Radio Mid-
Day program, KOMO, with Cynthia Lamm, where he publicized Kitsap
County and Bremerton.
Turner Joy - a new Board of Directors was elected for the Turner
Roy...Carl Cramer, President; Mike Schrader, Mim Heuss, Secretary,
Treasurer Rod Neer, At Large Members Earl Smith, Clyde Strickland
and Bill Amo. Mr. Smith gave a brief description of placement of
the Turner Joy. Mr. Estes questioned Mr. Smith if it would be
possible to have the ship available for temporary public boarding
by May 187 After looking into this matter it was determined that
would not be possible due to the Shoreline Permitting process
required. On the issue of having power on board, currently he is
working to get power available by next week through the use of the
on board diesel engines. No work can be done on the ship until
safety standards on the ship are met. A non-skid deck must be
applied prior to any public boarding. The Commander, at Bangor,
-has offered the services of the "CB's" to assist with the non-skid
decking. The ship will be dressed in flags for the Armed Forces
Weekend.
Affordable Housing - a handout was provided showing the Navy's
study on housing in this area. What this information says is that
there will be a 1,300 deficit, on the Navy's side, by the year
1995. The information does not include what the deficit will be on
the civilian side. He personally believes that affordable housing,
after the waterfront development, will be the most important thing
done in Bremerton. He noted three letters were included in the
handout - the first letter was from Investco Corporation to
Congressman Dick and what it stated was that we had built and are
operating 2,000 units throughout the Western Washington area. We
have recently learned that the Federal National Mortgage
Association (Fanny Mae), is no longer providing financing in areas
where the government employment base comprises 40% or more of the
total local employment base. That corporation lost a 341 unit
housing input (located in Silverdale), but it absolutely "red
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 6 of 19
lines" Bremerton. You can't do that kind of housing in Bremerton.
When asked "have you red lined this area?" and their answer was "no
we really haven't", but the perception has brought about a negative
attitude. The second letter is a multi-family acquisition letter
from Fannie Mae and it states: "The risks inherent in local economy
dominated by Military ........ ," and on the second page:
"properties exceeding either a 40% thresholds will not be eligible
for lending by DUCE lenders". What that means is that a mortgage
lender will not lend a developer to build housing in Kitsap County.
This type of action is "against the law". Congressman Norm Dicks
got Mr. John Delaney, Vice President Of Multi-Family Housing to
Kitsap County and it was explained that this area had not been "red
lined", however, the perception is having a devastating effect.
Mr. Delaney has given input and they will be writing letters to all
of the DUCE lenders so that perception will be corrected. The
third letter, from Polaris Construction Company, lists four reasons
why he is having real problems building houses in Kitsap County and
Bremerton. It is materials and labor costs, ground price,
excessive government regulations and difficulties in finance. The
letter from HUD states: "We may need to go back and examine our
entire approach to the method in which we provide housing, some of
the institution's roles may have to change as well as employers
recognizing it may be good business to be a participant". What
this is saying is that what was done in the past to finance housing
is probably not going to work in the 90's and if we don't look at
a new method in which to finance housing we're not going to make
it. A June conference is planned to bring together State Housing
Team, bankers' association, private bankers, corporate lenders, all
the DUCE lenders and developers. The intent is to try and get the
U.S. Navy to come and give their housing brief that says there is
a shortage of housing in Kitsap County, as well as a private group
to come up and show the Navy is not the real problem, but private
people are causing increased housing needs. And, participating in
that conference will be a representative from Fannie Mae who has 10
billion dollars worth of lending authority. This person will give
a brief to show that Kitsap County has not been red lined. This
conference will provide one more opportunity to show people what
Kitsap County/Bremerton's assets are. President Horton stated
several Council members will be attending the Association Of
Washington Cities Conference on June 18-19-20 and questioned if the
"June conference" discussed by Mr. Smith could be scheduled prior
to the AWC Conference? Mr. Smith stated the City of Everett is
having their Housing Conference on June 21 and he doubted
Bremerton's could be set up prior to that date. Mr. Colvin
questioned if he was correct in his understanding that "the higher
you go the cost of a building increases expeditiously"? Mr. Smith
explained when building above three stories such things as
sprinkling, steel structure and other things are required. What
might be done in the interim, is to build some tri-plexes in three
story buildings that will take us from 77 cents to $1.25 to build
something in the middle and utilize subsidizing to help bridge that
gap.
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 7 of 19
Mr. Dawkins noted that local lenders are not tuned in at all and he
had experienced similar difficulty obtaining funding for projects.
Mr. Collins questioned what was the wrong kind of atmosphere that
would allow someone to build a 3-story building? Mr. Smith
explained the loss of three new building for the Navy because the
Navy would only sign a one year lease with four option years and
the banks would not support this. The second reason the buildings
were lost was because it was not possible to get money unless it is
a owner occupied building and the builder was not the tenant. There
is a misconception with the lenders as to what Fannie Mae has
stated and Fannie Mae is the agency who goes to the lenders that go
to the developers. Right now it is Fannie Mae who is hurting this
community because the mortgage lenders under them think they can't
get rid of their mortgages. Mr. Collins questioned if there was
something the City Council could do to set a better atmosphere?
Mr. Smith stated the one thing the City Council could do would be
to keep an open mind, be flexible when a person comes with a
proposal and do not turn it down outright. Developers want to make
a profit - the permitting process has to be such that it is not
over burdensome and the people in government have to want them to
be there.
6B - ANIMAL CONTROL SERVICES TO JACKSON PARK, PSNS, AND EASTPARK,
#AB91-118
We have recently completed negotiations with the Navy for expanded
animal control services to include Eastpark and PSNS. We
previously contracted for Jackson Park only, but provided services
to Eastpark as well. The contract requires a minimum of 3 patrols
per week at Jackson Park and 2 patrols each at Eastpark and PSNS.
We will be enforcing City of Bremerton ordinance, rules and
regulations with assistance from Navy Security Police.
Kathleen McCluskey, City Clerk, stated for clarification the
contract attached to the back of the Agenda Bill was the original
contract worked out with the Shipyard, which included some other
terms and conditions. As discussions progressed, it was decided to
just state the dollar amount, number of patrols required and the
remaining wording was in accordance with City of Bremerton
ordinances. If this contract is approved, the City will start
services on Thursday, May 9. Animal Control has worked with the
Navy to get notices out to the residences in the appropriate areas.
Public comment - none.
Mr. Collins questioned Ms. McCLuskey, as one of the negotiators of
this contract, ifshe spoke to them of our existing ordinances or
any ordinances that might be changed in the future. Ms. McCluskey
stated they discussed any ordinances that existed during the life
of this contract, including future changes.
#2316 M/S/C/U(Waibel/Horning) to approve the Animal Control Services
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 8 of 19
contract to Jackson Park, PSNS, and Eastpark.
6C - SYNTAX CONTRACT - POLICE COMPUTER SYSTEM, #AB91-119
The attached agreement is for purchase of the Syntax Police Records
Manager and Crime Tracker'Software. The purchase price is $22,500
and will be paid from State Criminal Justice Funding. This is
included in the 1991 budget. This system was selected by the
Police Department with assistance of Information Services, after
review of several other Police Systems. This software will provide
the State required Incident Based Reporting system.
Police Chief De1 McNeal stated they had spent some time'working on
this proposal and they felt Syntax had a good incident base
reporting system and they were looking forward to getting it
implemented.
Public comment - none.
Mr. Waibel questioned why the Information Services Manager had not
signed off on the Agenda Bill? Chief McNeal stated Bill Eley,
Information Services Manager, had been contacted and he had viewed
the proposal was satisfied with the program. They did make some
changes in the contract from the original proposal to obtain what
was desired. Mr. Waibel questioned how many systems within the
City could this program be implemented on? Ms. McCluskeV stated
the City will only be allowed to put it on one system with
peripheral PC's. Chief McNeal stated the Police Department would
be switching from the present tower onto one of their own.
Mr. Dawkins noted the system would be initially funded by a State
Criminal Justice grant and questioned what would the program cost
to run once it was installed? Chief McNeal stated the maintenance
fee would be approximately $4,000 per year ($2,000 per year for
programming services). As the system is upgraded, the City would
receive upgrades. He noted that the City, as a user, would have
input on future needs/upgrades. Mr. Dawkins questioned how many
cities were using this system? Chief McNeal stated the Syntax
System is used throughout the United States and several
jurisdictions in the State of Washington are currently using it.
#2534
M/S/C/U(Waibel/Estes) to approve the Syntax Contract for the Police
Computer System.
8D - ORDINANCE #4323 (SECOND READING) AMENDING AMBULANCE SERVICE
REGULATIONS TO ALLOW ALS TRANSPORT, #AB91-111
RCW 35.21.766 provides that when the legislative authority of a
city determines that the City is not adequately served by existing
private ambulance service it may provide for the establishment of
a system of ambulance service to be operated as a City service.
The proposed ordinance amends BMC 5.50 to provide that patients in
need of advanced life support ambulance transport shall be
transported in a public aid car as a standard procedure rather than
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 9 of 19
limited to instances where special circumstances are found. The
ordinance sets the initial transport fee at $125, or $175 where
service is authorized outside the City limits. The ordinance also
makes the private ambulance representative a non-voting member of
the Advisory Committee.
Mr. Horning stepped down on this issue.
Fire Chief Chet Meigs stated last week at the first reading of the
ordinance, there were several questions regarding fee setting. Of
the two options given, he preferred the following: "The initial
rate for the City ALS Transport will be $125.00 for residents and
$175.00 for non-residents. The residency shall be presumed to be
the patients mailing address unless established by suitable proof
to the contrary". President Morton questioned if he preferred this
change over what was presented in the original document? Chief
Meigs stated what was in the original document could cause, on the
Mutual Aid Agreements with other Fire Districts, the Fire
IDepartment charging City residents the higher fee, depending on
where they were picked up...City limits, non-City limits type
action. He believed the one he stated first was the best of the
two. If Council found they did not like either option he would
then suggest going for "one fee" for everyone. President Hotton
questioned if the Ordinance was modified with the suggested change
would it change the intent of the first reading? Mr. Sievers
stated it would not change the intent and could be passed on second
reading.
Richard Sears, 9062 Utah St., representing Mr. Littlejohn/owner of
Olympic Ambulance Company, briefly covered some of the points he
raised at the previous hearing. His initial concern was when the
Council considered this issue they had no factual basis for the
conclusions that they arrived at that there was inadequate service.
The Statute referenced requires some finding by the Council of
inadequate service. The facts are, in the course of 10 years that
Mr. Littlejohn had served the City of Bremerton, only three
residents had come forward testifying that the ambulance service
had been late on different occasions. He felt that was far from
what he would call inadequate service. The Council is required to
find that a substantial portion of the City had not been serviced.
The information provided to Council was that sometime during the
winter someone experienced a cold ambulance and there was a time
when someone had forgotten to change a slip sheet. There was no
evidence given that any pedestrians had been run over by an
ambulance, no one not being served by the ambulance and no portion
of the City where the ambulance drivers refused to go to pick up
people. There were some findings noted that the service could be
done more efficiently, less expensively. Unfortunately, he found
no proof or facts before the board that the service could be done
more efficiently and less expensively. Looking at the budget
proposed for the first year, the City would be expending more money
than funds taken in during that time period. There has been no
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 10 of 19
evidence of what it will cost the City to maintain the ambulances
and staff to provide the service. The complaint is that on
occasions the ambulance service was late or they charged more than
what was necessary when the facts are that the City sets the fee
for the ambulance service and Mr. Littlejohn has no independent
authority to set his own fees. If the fees are too high, perhaps
the City should be elbowing him to lower his fees. If the City is
concerned that he may have been late on three occasions, perhaps
the City should allow the ambulances to run lights with sirens when
he was prohibited from doing so. He seemed to him that if the City
was finding the service inadequate it could be pointed to the
City's rules that call for these inadequacies that the City is
using to find as rational for taking over the ambulance service in
this one important area. In fact, the only inadequacies that were
found were ones imposed by the City's rules and regulations.
The second issue he raised was the question that a municipal
government had the authority to provide this kind of service and
charge user fees. The argument was made that five other
municipalities are, in fact, doing that. He believed that argument
was grounded in the fact that no one had challenged it and those
are the municipalities who have a Statute that says these funds are
to be raised in this way. The assumption cannot be made that a
City has the authority to do anything it wants. In fact, the
general rule is that municipal corporations are limited to those
powers expressly granted to them by the Legislature...that the
powers necessarily or fairly implied in or incident to the powers
expressly granted. You get to do what the Legislature allows you
to do. The Statute before you states you may do a certain set of
things and another Statute states how you charge for it. He
objected to charging fees to the individual and if the City wants
to provide the service based on the Statute cited, you have to give
it away or charge Excise Tax, not charge a user fee.
In summary, he believed there are serious concerns about the
factual adequacy of the City's findings and about their ability to
fund this program as proposed...it will cost a great deal more than
what is currently planned. He would hate to see the City enter
into this unknowingly and face the fact of a project which carries
risk and not gain.
Mr. Estes stated he had received comments from people in the
community who are concerned about payment of this fee. He
questioned if it was true that most of these payments would be made
through Medicare or private insurance carriers? Chief Meigs stated
he would bill the insurance carriers right out front and they will
have that information through investigation of the patient. The
only real difference to the patient will be if he did not have
insurance then the fee is several dollars less than the private
ambulance companies.
Mr. Waibel stated this is not a new fee, but in fact a reduced fee
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 11 of 19
from the fee now being charged for the service and in fact it is
being subsidized by the 25 cents per thousand based on a taxing for
residents. He supported maintaining the residential difference in
our differential in the ordinance and he suggested "Section 2
Alternative" be the one approved rather than the one in the
document at the time of first reading. He noted the City would be
more than efficient by the second year of operation of the A1S
program. There are inefficiencies and that is the inadequacies
being talked about.
Mr. Colvin requested Mr. Sievers to respond to the other attorney's
allegations. Mr. Sievers stated this was a re-summary of the
points made during the last hearing. Briefly, relating to findings
of inadequacy, Mr. Sears had overlooked a more fundamental
inadequacy in that he is trying to separate vehicles from people in
the vehicles and he was not sure that it was a City rule that they
be accompanied by a paramedic but it is a reasonable rule. As to
the Excise Tax, again, it is not in conflict with State law, that
is a taxing authority that we can exercise or not. It was very
similar to the gambling tax which has a rider on that tax that it
has to be used primarily for gambling enforcement. If we choose
not to adopt a gambling tax it does not mean that we can't go
around enforcing gambling violations.
Mr. Dawkins stated he had always been concerned with the fact that
the City may put the private ambulance out of business or create a
situation where two ambulances would be speeding to a accident
scene to see who could get there first, if the accident was outside
the City Limits. He understands that it is impossible to collect
some of the fees. He questioned if Council would be getting an
update quarterly on how many patients were being transported and
the amount of money collected; and will the City collect the funds
or will it be contracted out to a collection service? Chief Meigs
stated we have a service at the present time with which to do the
billing and the update information being' requested should be
readily available on a quarterly basis.
M/S/C/U(Waibel/Collins) to pass Ordinance #4323, on second reading,
with the Section 2 option alluding to the residency as Section 2.
Vote on motion: In Favor: Dawkins, Colvin, Estes, Waibel, Collins
Horton
7A - SETTING FEES FOR ALS TRANSPORT: AUTHORIZE JULY 1, 1991 START
UP DATE: REQUEST FOR BUDGET ADJUSTMENT FOR SET-UP COSTS, AND
AUTHORIZE CALL BIDS FOR NEW RESCUE UNIT, #AB91-110
Pursuant to previous Council action, the Fire Department is
requesting finalization of the ALS transport issue. Under this
Agenda Bill the Fire Department is requesting Council action to
authorize the following:
-Set fees for transport
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 12 of 19
-Authorize a July 1, 1991, start-up date
-Authorize budget adjustment for set-up costs and revenue
realization from transport fees
-Authorize the Call for Bid for a new rescue-type vehicle
Rich Manna, Treasurer, stated this has been dealt with fairly
extensively during the Study Sessions relating to the budget
adjustment. In response to a point made by Council earlier this
evening, the expenditures they are proposing to make with this
budget adjustment are for capital equipment and he did not think it
would be reasonable by any standard to expect General revenues
generated by this program in the first six months to completely
amortize that capital investment. The point that we are spending
more money than we are making in the first six months would be
accurate but he was not sure that it would point to any deficiency
in the program that is being proposed.
Public comment - none.
President Morton pointed out last week Mr. Johnson was looking for
an inter-departmental loan to come back this week and she noted
this request was not an "inter-departmental loan" request. Mr.
Manna stated she was correct - he had consulted with the Mayor,
Fiscal and Budget Committee and Mr. Johnson since the last meeting
and the result of those discussions was that it was felt the budget
adjustment being proposed was a more direct and straight forward
way of dealing with this issue. Essentially, what they are
proposing to do is to deal with this capital investment for this
equipment strictly with General Fund dollars, thereby eliminating
the necessity for any kind of inter-fund loan. President Morton
questioned once the program was up and running could he tell her
how long he anticipated before those fees start coming back to the
General Fund? Mr. Manna stated the fees wills be coming back to
the General Fund right from the start of the date when services are
rendered. Certainly, he would expect a 30-45 day collection lag
from the time the service is rendered, a bill is processed and
distributed to the recipient. It was his belief that the City
would not see a flow of cash into the General Fund possibly up to
60 days after the service was rendered.
Mr. Colvin stated he believed it would take a longer period of time
to get funds back to the General Fund than that suggested by Mr.
Hanna. Mr. Manna stated that was correct, however, the point he
was making was there will be a lag while the City does the billing
and waits on payment.
Mr. Waibel noted Council did have a Study Session on May 6, at
which time discussion was held on equipment reserve. He suggested
that the ambulance vehicles be put in the Equipment Rental program,
providing a very efficient way to make sure we don't have heavy
financial impacts in the future. He believed the transport fee
would pay for itself basically over the next year and it would be
TAPE #920
City Council Reg. Mtg. Minutes
May 8, 1991
Page 13 of 19
approximately six months into the next year before this would be
recapitalized.
M/S/C/U(Waibel/Colvin) to approve the budget adjustment for the
Fire Department General Fund from ALS transport fees to Fire
Department Capital Equipment Fund.
Vote: In Favor: Colvin, Estes, Waibel, Collins, Dawkins, Horton
Mr. Horning returned to the meeting
8A - ORDINANCE (FIRST READING) VACATING RIGHT-OF-WAY OF BRENTWOOD
CIRCLE, #AB91-120
On May 1, 1991, the City Council held a public hearing to review
the petition by the Bremerton School District to vacate the right-
of-way of Brentwood Circle within the proposed elementary school
site in the vicinity of Carr Boulevard and Harlow Drive. The
Council must pass an ordinance to vacate the requested right-of-
way.
Ron Hough, Planning Manger, stated this ordinance is finalizing the
right-of-way vacation for Brentwood Circle that was approved
following the public hearing held May 1. There is a condition
built in to have the fee paid prior to second reading of the
ordinance. Discussion also included having a second condition
involving some additional right-of-way dedication on the streets
abutting the property. Ian Sievers, City Attorney, stated under
Section 2 - Conditions, it should read: "This riqht-of-waV shall be
subject to the followinq condition:
1. The applicant shall dedicate additional right-of-way to Harlow
Drive, L¥1e Avenue and Carr Blvd., abuttin~ property of the
adjoining owner to expand the abutting 1/2 of these rights-of-way
to 25 feet. The applicant shall pay additional compensation
established by the City Attorney's office prior to second readin~
hereof after crediting replacement right-of-way." This will
replace needed traffic circulations on these other rights-of-way
for the right-of-way that is vacated.
Public comment - none.
#3431
M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading,
vacating Brentwood Circle with the condition as read into the
record by the City Attorney.
8B - ORDINANCE (FIRST READING) AMENDING SECTIONS OF THE BREMERTON
ZONING ORDINANCE PERTAINING TO GENERAL PROVISIONS, LANDSCAPING,
NONCONFORMITIES, AND ADMINISTRATIVE PROCEDURES, #AB91-121
As part of the 1990 "Zoning Ordinance Refinement and Publication"
project, a number of proposed amendments were brought through the
Planning Commission to the City Council. The first two groups of
amendments were adopted. The third and final group pertains
primarily to Zoning Ordinance chapters dealing with general
TAPE #921
City Council Reg. Mtg. Minutes
May 8, 1991
Page 14 of 19
development requirements, landscaping requirements, nonconformities
and administrative procedures.
This Ordinance includes all amendments approved by the City Council
following its public hearings in January and April, 1991.
Following adoption of these amendments, the Zoning Ordinance will
be revised and prepared for printing.
Public comment - none.
M/S/C/U(Waibel/Colvin) to approve Ordinance, on first reading,
amending certain sections of the Zoning Ordinance of the City of
Bremerton, Washington, that pertain primarily to General
Provisions, Landscaping Provisions, Nonconformities and
Administrative Procedures.
8C - ORDINANCE (FIRST READING) AMENDING PROCEDURES FOR DECLARING A
VEHICLE A NUISANCE FOR FAILURE TO RESPOND TO NOTICES OF INFRACTION,
PROVIDING FOR PROCEDURES ON APPEAL, AND AMENDING BMC 10.11 OF THE
BREMERTON MUNICIPAL CODE, #AB91-122
The proposed ordinance amends the process of appeal for Declaration
of Nuisance Vehicle.
For each Declaration, the Court office will schedule a date and
time for hearing the appeal. This information will be provided in
the Declaration as it is issued by the City Attorney. Failure to
appear at the hearing will be deemed a waiver of any right to
contest the Declaration.
The amendment clarifies that the owner of the nuisance vehicle
bears the burden of showing that the registered owner did no fail
to respond to three or more outstanding parking infractions.
TAPE #921
Mr. Estes questioned if this ordinance is approved, will the City
be able to impound the vehicles or will it be just another "slap on
the wrist"? Ian Sievers, City Attorney, stated the intent is to
definitely follow through with impounding these vehicles and there
is a real revenue reason to implement the impound.
Mr. Waibel noted the City Attorney indicated this would make things
easier for the Court and it will also give the person who does have
a vehicle that may be in question the opportunity to have a hearing
before it is towed away. In addition, in terms of efficiency of
towing away, once that hearing is held and found to be a nuisance
vehicle they will then not be able to hold up the process by asking
for a hearing after the fact.
Mr. Dawkins questioned who can write the enforcement ticket? Mr.
Sievers stated on this particular grounds for impound, which is a
TAPE #921
City Council Reg. Mtg. Minutes
May 8, 1991
Page 15 of 19
declaration that it is a nuisance because there had not been a
response to its parking infractions, the eventual finding is first
generated by the Courts. They have a record keeping system that
searches out these outstanding parking infractions, they forward a
list to the City Attorney's office who in turn issues a warning
letter and a Declaration that is issued later. If the party does
not show up with 10 days, then the Court forwards the list to the
Police Department and wherever they spot that vehicle parked it
would be subject to immediate impound. On normal impounds for junk
vehicles or obstructing traffic, the officer on the scene has the
right to issue a citation to tag the vehicle and notify Chico
Towing to impound the vehicle.
Mr. Colvin questioned what Mr. Sievers meant by "impounding in
place"? Mr. Sievers stated Ms. McCluskey's department had a device
they would use. Kathleen McCluskey, City Clerk, stated that device
is called a "Denver Boot", which allows the impounding of the
vehicle right where it is parked. The plus side of this device is
that it is very visible and people who are chronic offenders will
realize the City is serious about following up on non-payment of
parking tickets. She noted there is some controversy over "impound
in place" and that is why they had not used it before.
President Morton questioned assuming this was a vehicle that did
have a lot of parking tickets and if the owner moved it off the
street do they have to voluntarily give it up? Mr. Sievers stated
no, because the nuisance is defined as a public nuisance, using up
City streets and it cannot be removed from private property. If
the vehicle is continually parked on City streets and is a scofflaw
in terms of responding to City infractions, then it becomes a
public nuisance. President Morton questioned if a "junk" vehicle
would come under this ordinance? Mr. Waibel stated no, this is a
nuisance vehicle only because of parking infractions. Mr. Sievers
explained relating to "junk vehicles", there are two sections, one
that applies to junk vehicles in the right-of-way and the City has
the authority to abate junk vehicles on private property.
President Morton questioned if the process would become more
likened to this? Mr. Sievers stated no, Council has not changed
the appeal process and that would continue with the process of
tagging the vehicle, if the owner is unable to be contacted then
the vehicle is towed.
Mr. Colvin questioned once the vehicle was impounded in place,
would the ticketing process continue? Mr. Seivers stated no, the
vehicle should be removed after 72 hours had expired.
Mr. Dawkins questioned who would pay the towing fee if the owner
never claimed their vehicle? Mr. Sievers stated the towing
company can try to recover costs out of the impounded vehicle. Mr.
Dawkins questioned if the towing company had to pick up a vehicle
if the City requested it? Mr. Slevers stated there had been some
problems with the towing company not getting their towing/storage
#0722
TAPE #921
City Council Reg. Mtg. Minutes
May 8, 1991
Page 16 of 19
fees out of junk vehicles. Mr. Dawkins questioned if the City
might have to come up with some funds to use towards hauling such
junk vehicles away? Mr. Sievers stated there hasn't been a need
but there may be in the future.
M/S/C/U(Waibel/Colvin) to approve ordinance, on first reading,
amending procedures for declaring a vehicle nuisance for failure to
respond to Notices of Infraction, providing for procedures on
appeal, and amending BMC 10.11 of the Bremerton Municipal Code.
#1065
#1166
8E - RESOLUTION #2343, RECOGNIZING THE ACCOMPLISHMENTS AND
EXPERTISE OF THE CITIZENS OF OAK HARBOR IN SUPPORT OF NATIONAL
DEFENSE, #AB91-114
President Hotton stated as many people are well aware, Oak Harbor
is on one of the lists for base closures by the National Defense
Department. Because Bremerton has similar concerns about Puget
Sound Naval Shipyard and other Naval facilities around the area,
this Resolution tends to be one of support for Oak Harbor,
especially in light of a certain amount of comradery. President
Horton requested the City Clerk to read the Resolution into the
record.
Public comment - none.
M/S/C/U(Colvin/Estes) to approve Resolution #2343, recognizing the
accomplishments and expertise of the citizens of Oak Harbor in
support of National Defense.
8F - RESOLUTION #2344, AMENDING THE BREMERTON COMPREHENSIVE PLAN IN
THE HOSKINSON AREA, #AB91-123
A resolution amending the Bremerton Comprehensive plan changing
four of the six parcels with in the Hoskinson Annexation area from
plan designations Residential 0-7 DU/AC. and Residential 7-15 DU/AC
to "Industrial\Business Park".
Ron Hough, Planning Manger, stated there was a special hearing held
two weeks ago on the Comprehensive Plan Amendment and zoning in
order to separate those decisions from the annexation itself, so
the applicants would know what zoning would be designated if they
followed through with the annexation. The applicants are satisfied
with the zoning designation and do wish to continue the annexation
process.
Public comment - none.
M/S/C/U(Horning/Collins) to approve Resolution #2344, amending the
Bremerton Comprehensive Plan in the Hoskinson Annexation area.
9A - PUBLIC HEARING ON 7.04 ACRE HOSKINSON ANNEXATION AND FIRST
READING OF ORDINANCE, #AB91-124
On July 25, 1990, the City Council gave its tentative approval to
TAPE #921
City Council Reg. Mtg. Minutes
May 8, 1991
Page 17 of 19
the Hoskinson Annexation; and voted that residents of subject area
would assume its share of the City's indebtedness. Additionally,
Council approved zoning for the annexation on April 24, 1991 after
a Public Hearing.
The area has a total assessed value of $327,830. The applicant
properties represent a total of 5.73 acres, and 81% of the total
assessed value. They have submitted their intention to annex.
The Council is to:
(1) hold public hearing to accept comments pertaining to the
annexation and related matters; and
(2) to make a final determination on the annexation before
them.
(3) Pass ordinance implementing annexation and zoning of the
area.
President Horton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Terry Hartson, Municipal Services Coordinator, pointed out the need
to make the following correction to the proposed ordinance:
"changing the "R-3" reference to reflect "SF-3".
Over the past few months this annexation proposal had been
processed through the Boundary Review Board, zoning process and now
ready to finalize annexation of 7.04 acres.
Tom Deskins, 4625 ll4th Avenue E., Puyallup, WA, stated he owned a
small piece of property near the subject annexation area. It was
his feeling that he was already getting good fire protection
service and police protection from Kitsap County. He questioned if
the City could provide better service than what he already had?
Currently, he has a septic system to service the mobile home and is
hooked into City water. He questioned if he would be required to
hook up to City sewer or could he continue to use his septic
system? He expressed concern over school children walking in front
of businesses that would be located along Arsenal Way. He
questioned how many people in the annexation area received notice
of this public meeting? He felt there should be a delay in a
decision until everyone, who should be informed, were informed.
Paul Hoskinson, .919 Weslon Place, one of the proponents for
annexation, stated the area is in very active transition. There is
a commercial district, confirmed by the County proposed and there
had been a somewhat commercial use of the "dance hall" over many
past years and the primary reason for requesting the annexation
into the City is because any development that occurs, whether
commercial, residential or other, would require significant City
services. It was Mr. Seisko and his philosophy from the beginning
that they should be able to participate in the City process and to
best do that they desired to be inside the City limits. It had
been his experience in the past, when developing parcels within the
TAPE #921
City Council Reg. Mtg. Minutes
May 8, 1991
Page 18 of 19
City limits, that some form of sidewalks or other improvements be
required and would enhance any pedestrian traffic in the area
rather than detract from it.
Ms. Martson reviewed the notification process and pointed out there
had been three public hearings, including this hearing, and a
fourth opportunity when the City applied through the Boundary
Review Board. Five percent of the annexation area could have
organized and decided to invoke jurisdiction. Neither the Fire
District nor Kitsap County made a move to invoke jurisdiction. The
Planning Commission held a public hearing and notification of that
meeting included all the neighborhood and surrounding area in
addition to the people who were actively involved in the
annexation. In preparation for this hearing, she had affidavits
showing they posted the area, sent notices and published a legal
notice of the hearing in the local newspaper.
In answer to the question regarding response time for fire service,
it was true there is a volunteer fire station located closely to
the properties. However, if someone had a medical emergency those
services would originate from District #7 out the South Kitsap
area, with a probable response time of over 10-minutes. The City's
services are 24-hour services and would truly provide a benefit to
the people within the annexation area. In regard to police
service, the Sheriff's Department is designed more for rural
communities and provides one police officer for 2,000 residents.
The City of Bremerton's Police service allows for one officer per
680 residents. The west side Police Precinct is located
approximately four blocks from the annexation area and is set up to
cater to the needs of an urban area. All the needs, such as
planning, traffic, etc., because of the urbanized state of their
area, would all be met by the City. At this time, sewer service is
not available to the annexation area and there is no requirement to
hook up to sewer simply by annexing into the City. If, for some
reason, the septic system was not functional and the Health
Department required that hook up be made to the City, the cost
would be lower than if one were a County resident. When a County
resident hooks up to the City's sewer system there is a 50%
surcharge and 15% by-monthly billing charge. In reference to the
proposal for a new entrance into Bremerton, another public hearing
is scheduled in the future.
Mr. Collins noted there were several telephone poles near Mr.
Deskins' property that were posted. He questioned if there was
anything more that Ms. Hartson could have done to notify the public
of this annexation action? Ms. Martson stated she did everything
possible to notify the public who would be affected by this
annexation proposal.
Mr. Dawkins asked if a notice was mailed to the registered
landowners? Ms. Hartson explained they used the names and
addresses out of the County Tax Assessors' office.
#2227
#2248
TAPE #921
City Council Reg. Mtg. Minutes
May 8, 1991
Page 19 of 19
M/S/C/U(Collins/Colvin) to approve the annexation petition for the
area designated as the Hoskinson Annexation.
M/S/C/U(Collins/Colvin) to approve ordinance, on first reading,
annexing approximately 7.04 acres in the vicinity of Arsenal Way
and Marion Avenue, known as the Hoskinson Annexation, rezoning said
property and fixing the effective date of annexation.
With no further business meeting adjourned to Executive Session and
study session at 9:00 p.m.
KATHLEEN L. MCCL~
CITY CLERK
APPROVED
L~~T , Council President
City of Bremerton
KLM/LH/eh
cc: Normal Distribution
File/Vault