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HomeMy WebLinkAbout10/30/91TAPE #965 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES OCTOBER 30 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, October 30, 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Clinton McCrea of Emanual Apostolic Church. CONSENT AGENDA - None #O~3Q 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/Estes) on October 30, 1991, the Council does approve for payment those vouchers included and further described as follows: 138473, 138478, 138479, 138648 through 138792 in the total amount of $305,534.85; and Retirees Payroll for the period ending October 31, 1991, in the amount of $55,886.98. COUNCIL MEMBER REPORTS Mr. Overson reported as a result of Council's discussions last week relative to some funds and waterfront access requirements, the City will start a fund or line item within a fund (possible title - Waterfront Access Mitigation Fund), for collection of funds mitigating certain conditions. The purpose of such funds will be to construct access to the beach. The City's Capital Improvement Plan has a Senior Citizen Center identified for downtown. He is seeking volunteers to help and/or participate in any way on this project. Funding is very limited and he was not sure how it could be provided right now from public funds, but he believed with contributions and everyone working together along withassistance from similar centers, it could happen. He announced the grand opening of a large new store in east TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 2 of 26 Bremerton - Eagle Hardware Store on October 31, 7:15 A.M. Lastly, he attended a meeting with Amy Burnett, Kathleen McCluskey, Director Of Administrative Services, Debbie Goddell, Parking Manager, some downtown business members, and representative from Bremerton Main Street to discuss new ideas on the possibility of implementing a Merchant Voucher Parking System in retail parking zones. Mr. Estes stated he will start wearing a dress suit to Council meetings starting next week for the second reading of the Uniform Housing Code Ordinance. If that ordinance is not passed, he promised to wear "dashboard" overalls the remainder of his Council term. During this past summer, Council Intern Michael Tanner developed a draft of a Council Operations Manual. Mr. Estes will review that document and bring it to Council for their consideration. Mr. Homing wished everyone a Happy Halloween. Over the last few days he met many people and promised someone in particular he would say "Hi" during a Council meeting, however he forgot who that person was. So, he extended a special "Hi" and apologized for being forgetful; and he wanted that person to know that what he asked Mr. Horning to do was in process. He wished Council President Horton a "Happy Birthday". Mr. Waibel pointed out that Eagle Hardware Store is inside the City limits. He took the opportunity to watch the Town Meeting and Candidate presentation on TCI Channel 29 Cable Access, which he felt was very informative. Mr. Johnson announced the Department Of Ecology has started a new organization and information available that local businesses may find interesting. As part of their effort in the Waste Not Washington Act, in conjunction with the Department of Trade and Economic Development, the idea is to develop markets for recyclable materials. They have set up an electronic bulletin board system, which anyone can call into, and by a series of a dozen categories of products ranging from paper to parks supplies, etc., receive names and phone numbers of companies providing such products. There are other types of information on the bulletin board that has to do with ecology issues, etc. In reference to the "water access fund", he supported the proposal to set up a special fund or line item within a fund. He noted the amount of public access to waterfront is not much and what is left will probably be developed in small pieces over a long period of time. So, the normal method, such as the dollar contribution to Kitsap Lake Park improvement by the Dockside development, may not be available in the future, but the City still needs to have the TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 3 of 26 means to gain access to the water. Mr. C01vin wished Council President Horton a "Happy Birthday" and stated he had the pleasure of viewing the video tape of Council's meeting of October 23. He complimented his fellow Council members on how good they looked and sounded on TV. He was pleased with the Town Meeting program, which was aired on October 29, 7:30 P.M. He appreciated all of the participants, i.e. Kitsap County Treasurer Sharon Shrader, League Of Women Voters, Andy Parypa, Mayor Louis Mentor, Councilman Wayne Estes, Lena Swanson, TCI Cable, KBRO and Judge Rainey. He received three citizen complaints recently which he is referring to three different departments. He feels it is about time the City establish one person.in the Council who will handle complaints and refer them to the appropriate department. One of those complaints was regarding the City Charter and after talking with the City Attorney he learned that the wording of Section 19 had been the same for 10 years, which is out of focus of what is actually being done. He will be requesting a written legal opinion on whether or not the City will have any repercussions because of that wording. Mr. Dawkins announced the new Eagle Hardware Store is located in District #2. Today he attended a meeting in Tacoma and found they also experience "parking" problems. He noted a six block area around the Sheridan Hotel is almost nothing but boarded up buildings. He did see a small amount of redevelopment starting in that area. He reminded everyone to "Vote" on Tuesday. Mr. Collins emphasized the importance of several issues before the voters of this City and State and urged everyone to Vote on Tuesday. He complimented Sharon Shrader on her serving as Moderator for the Town Meeting. Today he and his wife took advantage of the Bremerton/Kitsap County Health Department services where both of them received a preventative flu shot and pneumonia shot. He urged citizens to use the Health Department - you pay for it! Mrs. Hotton reported today she participated in the second Downtown Economic Seminar, sponsored by Bremerton Main Street Association. Discussions during that seminar brought forth good ideas and lots of energy relating to parking, housing, waterfront events, arts and how to market Bremerton. She reminded everyone that Halloween was coming up on Thursday and to please drive cautiously while watching out for children along the streets. PUBLIC RECOGNITION TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 4 of 26 Mayor Louis Mentor read a Proclamation recognizing the contributions of women who have served in the United States Military forces and proclaimed the week of November 4 through 10, 1991, as WOMEN VETERANS WEEK, in the City of Bremerton. Senator Leo Thorsness, Medal Of Honor Recipient and Vietnam Prisoner Of War, accepted the Proclamation and stated his appreciation to the City for recognizing the importance of women in the military. He noted the people of Bremerton know the value of the military and veterans and what they have done for our Country. As freedom breaks out around the world, it is beautiful to see what has happened to Communism in the last two years, especially for those who have been standing alert to provide protection in the event of a crisis. The one caution-that military people will stress is that there will always be bad guys around, as seen in the Middle East, and to not lose sight of the fact that there will always be some threat and to not scale back our military strength to the point where we become weak in any way. He believes the world will be less stable than it was two years ago and there could be the threat of a black market on nuclear warheads very soon, if the Soviet Union continues to crumble. He concluded with the statement that there was no other job description in the United States that indicated: "by the way, to fulfill your job you might have to give your life to do it". Mayor Mentor stated people with complaints can call his office but they can also call his office with compliments. He thanked Councilman Colvin, League of Women Voters and Sharon Shrader for doing an outstanding job on the Town Meeting program held October 29. He will participated in the Halloween Party at the Sheridan Center on Thursday. On Sunday, October 27, the Knights Of Columbus held a fund raiser to benefit the Northwest Kidney Center, which was well attended. He attended the Prayer Breakfast, held October 24, and enjoyed the guest speaker's presentation. The USS Swanney held a reunion in Bremerton over the past weekend. In regard to the City's waterfront project, all the piling have been driven in front of the Wheel House Restaurant and are heading north. He wanted to assure everyone that there was no truth in the rumor that this project was already one million dollars over budget. He emphasized that currently the project is on schedule as to cash flow and so far there are two change orders: (1) extra length of piling - $5,635.00; (2) undertake a few more test piles - $2,500.00. He noted the contractor was going to try capping the bottoms of the piling before driving them in place in hopes they won't drive so deep into the ground. This action may save the project as much as $25,000. A more complete report will be given in November. TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 5 of 26 Mr. Johnson stated in relating to the election issues, there is one initiative sponsored by the State through the Legislative process, which has received almost no publicity locally or in the Seattle area. This initiative has to do with "home rule for counties". There has been an option in the RCW's where counties can adopt home rule charters and now there is only one way to do that, which is a cumbersome process. Very few counties have attempted such action based on the fact that it is "too hard". The initiative being proposed basically stated if approved, the State would set up a Commission to define a number of acceptable forms of county government, whether it be Executive/Council, etc., and then counties could adopt that and take advantage of some of the home rule advantages. He encouraged everyone to review this item in the Voters' Pamphlet prior to election day. Mr. Waibel stated one of the interesting aspects of that law is the fact that it states specifically only one type of new government can be on the ballot at any time. There will be five separate ideas offered but never can more than one be offered the electorate at any one time. E. L. 8turdivant, 3231 Halverson, commended the City of Bremerton and particularly Ian Sievers, City Attorney, and his co-Counsel Mr. Rodgers, on their defense against the condemnation proceedings brought by Olympic Collage. He noted the City could be proud of the excellent job Mr. Sievers did, win or lose. Winning to him is the refusal of condemnation by the College. He hoped if the field is condemned that the City will give as strong or stronger presentation for financial remuneration reimbursement. He was not pleased over the fact that there were no City elected officials present at any of the hearings he attended. This particularly disappointed him considering three of those officials are retired and many are on flex time. In reference to Proposition 1, he felt it was only fair to call attention to the fact that in the City Charter there are approximately 12 different departments listed, and with a City Manager there would still be approximately 12 department heads. In taking a survey of the cities of Vancouver, Yakima, Tacoma and Spokane, they too, with a City Manger, have approximately 10 department heads. Nothing was changed except for,another bureaucracy level. The City of Vancouver spends $266,000 per year on City Managers' salaries, i.e., 5-6 people in each of these cities' Manager office. It made no difference whether the population was 50,000 or 176,000. The City of Yakima's City Mangers' salaries have a minimum of $202,000. The City of Tacoma spends $359,000 for six people directly under the City Manager. The City of Spokane spends a minimum of $220,000 on TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 6 of 26 City Manager positions. Tacoma City Manager receives $90,000 plus a $7,500 deferred annuity per year. Spokane City Manager receives a starting salary of $75,522, going up to $90,055. He referenced a news article in today's Wednesday Magazine written by one of the proponents of the new government: "if we would have had a City Manager we probably would not have a smell at the sewer treatment plant". That kind of a statement irritated Mr. Sturdivant, who was part of the City Council at the time the sewer treatment plant project was approved and built. What that statement was saying is - "if there had been a City Manager trained in construction", or "if we had a City Manager trained in law we would not have any suits", or "if we had a City Manager trained in finance the City would always be on budget". He questioned whether someone could ever find a City Manager with five or ten degrees with ten different areas of experience? George Cooritz, 1310 Park Avenue, stated a piece of property across from his residence was recently purchased by Kitsap Mental Health. He questioned if the neighborhood would be informed if that property becomes a half-way house? .President Horton requested the City Clerk to respond to Mr. Coontz's question. Frank Brontonia, 2804 Cascade View, congratulated President Horton on her birthday. Gordy Byrd, 402 Chester #3, reported as of today he had collected $12,163.01 for his shelter for the homeless. He urged people to vote "no" on Initiative 119 because it may be a threat to handicapped people. He cautioned everyone to study the issues and make an educated choice before voting. Joe Murphy, 11906 Central Valley Road NE, Poulsbo, expressed concern that Kitsap Mental Health Agency was not holding "open" meetings". He has a 32 year old daughter, who attends Holly Ridge Center and works in a sheltered workshop. He served as Chairman of the Mental Health, Mental Retardation and Drug Abuse Board in Kitsap County for many years. He and Ralph Munro, Secretary Of State, wrote and co-sponsored legislation that provides for establishment of group homes. He is horrified that there is an agency that expends his tax dollars and does not provide an "open meeting". He was informed, by that agency, that he would have to give pre- notice of his attendance at their meeting and any questions he might have would have to be given to the Board in advance. This agency states that they are a private, non-profit organization which has no public scrutiny. When he attended a meeting in Suquamish regarding the establishment of a group TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 7 of 26 home in that area, the discussion indicated Kitsap Mental Health was seeing their position only as a landlord with no liability attached. Mr. Murphy emphasized the intention of legislation he and Mr. Munro proposed provided for some monitoring, some say, input and some guarantee that a citizen could participate in the processes under this agency's jurisdiction. He questioned where could someone go that had a question relating to activities of the agency and if he couldn't go to the Board of Directors, who would help him? He challenged the Council, as public servants, to find out what is going on at the Kitsap Mental Health Agency. He will continue to try and attend their meetings. President Hotton announced Item 6B had been pulled off the Council Agenda for two weeks. 6A - CHANGE ORDER NO. 2/A.H.POWERS, INC. - SNYDER AVENUE/PORT WASHINGTON NARROWS CROSSING WATER TRANSMISSION MAIN PROJECT, #AB91-274 Attached for City Council's consideration is Change Order No. 2/A.N. Powers, inc., contract for the Snyder Avenue/Port Washington Narrows Crossing Water Transmission Main project. The change order provides for the following changes as noted: Item #1: Provides for an increase in the contract unit price for Schedule A in the amount of $11.08/foot for a total increase of $37,572 for the installation of 18" ductile iron pipe and fittings associated with the Snyder Avenue portion of the project. Item #2: Provides for an increase in the contract lump sum price for Schedule B in the amount of $69.87/foot for a total increase of $112,134 for the installation of 18" ductile iron pipe and fittings associated with the Port Washington Narrows portion of the project. Summary: Original Contract Amount $1,057,918.00 Add: Change Order #1 Change Order #2 Revised Contract Amount 0 149,706.00 $1,207,624.00 Total revised contract amount including 7.8% WA Retail Sales Tax on revised contract amount $1,301,818.67 Bill Duffy, Utilities Director, stated this change order was TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 8 of 26 necessitated by the permit conditions set forth by the permitting agency for the protection of the environment. The permitting agencies include: City of Bremerton/Shorelines Permit, US Army Corps Of Engineers, Department of Natural Resources, Department of Ecology, Department of Health and Department of Fisheries. The conditions set forth the construction techniques that the City needs to adhere to and the availability of time when work can be done within the marine waters. Consequently, these conditions have increased the contract price for this project. Public comment - none. Mr. Dawkins questioned if the piping had been increased in size to 18 inches? Mr. Dully stated no, it is still 18 inch piping, which replaces an older 12 inch main that was located near the Warren Avenue Bridge that failed about 6-8 years ago. The new main is being installed west of the bridge and will transmit the Narrows from 25th and Snyder to Tracyton Beach/Sheridan Road area. Mr. Dawkinsquestioned if there was enough water pressure on the east side to take care of City needs during the summer? M~. Dully stated yes, during high flow periods, particularly in July and August, they have had difficulties in recent years keeping the east side reservoirs full. Mr. Collins requested Mr. Duffy to recount some of the oddities he encountered with some of the permitting agencies. Mr. Dully stated in obtaining a Hydraulics permit from the Department Of Fisheries, they encountered certain periods of time during the year when no work may be done in order to protect migrating fish runs from the areas. There is also the protection of existing marine life that resides year around, i.e., gooeyducks, etc. and the City has to provide some mitigation cost for replacement of that habitat. They will be paying a fee in lieu of mitigation for gooeyducks ($1,800.00). Mr. Collins noted because we seem to have so many people looking over our shoulder, it is difficult to accomplish anything. Mr. Dully stated it took longer to obtain the necessary permits than it did to design the project. Mr. Johnson stated as a point of clarification - we started with a million dollar project but the mitigation of all these ecological issues amount to 1/4 million dollars. Mr. Waibel stated in a bidding situation he did not like to see someone low-ball a bid and under bid everyone else being awarded the bid, and then come back with Change Orders to make the money they need. He expressed concern that of the three TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 9 of 26 bids on 18 inch ductile, the contractor awarded the bid had an amount one half of the highest bid. The City accepted that bid at that rate and now that contractor is coming back and saying he needs more. Mr. Dully stated he considered rebidding the project as they went through the Permit process. When they obtained the contractor's figures they compared them to the Engineer's estimate as well as the other bids. This contractor's bid is still lower than the second bid. That, together with going back through the Permit process and the cost of bidding, were the reasons he chose to use the change order route. Mr. Waibel stated Mr. Duffy came up with the only reason why he was willing to do that and even with the raise in cost that contractor is below the next bidder on this particular item. He was not sure how this fit into the total bid, but if that made the difference in the overall bid to make him under everyone else, he would not accept this request. Mr. Duffy explained these conditions were not included in the original bid. They had used the document from the sewer main that was installed two years ago as the criteria. Since that time, the environmental conditions have become much more stringent. Mr. Overson stated in reference to the seven permitting agencies, possibly Council should take this as a key to talk with the State to attempt to consolidate some of the agencies in order to reduce some of the bureaucracy. He will pursue such an idea. Mr. Colvin questioned if the reason for the increase of cost of the contract was due to change in price of the 18 inch ductile pipe? Mr. Dully stated the unit price was based on the cost of pipe installed, which includes both material and labor. The majority of the cost is actually associated with the digging and additional barges required to store the material, as well as restrict the amount of trench that is open at one time. #2040 M/S/C/U(Dawkins/Collins) to approve Change Order No. 2/A.H. Powers, Inc., contract for the Snyder Avenue/Port Washington Narrows Crossing Water Transmission Main project and authorize the Mayor to execute the same subject to City Administrative Policies and Procedures. 7A - ORDINANCE (SECOND READING) DECRIMINALIZING VIOLATIONS OF BUILDING AND FIRE SAFETY CODES AND PROVIDING THAT SUCH VIOLATIONS 8HALL HENCEFORTH BE CONSIDERED CIVIL INFRACTIONS, #AB91-271 Public comment - none. #2079 TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 10 of 26 M/S/C/U(Johnson/Estes) to pass Ordinance #4348, on second reading, decriminalizing violations of building and fire safety codes and providing that such violations shall henceforth be considered civil infractions. 7B - RESOLUTION NO. 2365 SETTING HEARING DATE FOR VACATION OF THE NORTH 1S FEET OF FIRST STREET LOCATED 71 FEET TO THE EAST OF BRUEN AVENUE, #AB91-276 Larry David, an adjoining property owner, is requesting the vacation of the north 15 feet of First Street located 71 feet to the east of Bruen Avenue. RCW 35.79,010 requires the setting of a hearing by Resolution not less than 20 days nor more than 60 days after Council passage of the Resolution. Ian Sievers, City Attorney, stated there was a question raised during Council's Study Session as to the purpose of this Council action and whether the merits of the vacation should be discussed. It is his opinion that a street vacation is similar to a rezone and is a quasi-judicial action. Citizens have the right to make application for either of these actions, if they pay their application fee. Part of the process is to go before the Planning Commission and City Council for a hearing. State law requires this mid-stream action by the Council in setting a hearing date by Resolution, but is only a technicality and this matter should not be prejudged until the hearing before Council, which this Resolutions sets. Public comment - none. #2169 M/S/C(Waibel/Colvin) to pass Resolution #2365, setting hearing for First Street vacation on November 20, 1991, at 6:00 P.M. or later. Vote: In Favor: Abstain: Waibel, Dawkins, Colvin, Johnson, Overson, Estes, Horning, Horton Collins Councilman Estes left the Council Chambers. 8A - CONTINUED PUBLIC HEARING - PRELIMINARY PLAT OF OYSTER BAY ESTATES, APPLICANT: CHAFFEY CORPORATION, LOCATION: SE SHORELINE OF OYSTER BAY WE8T OF SUNDOWN DRIVE, #AB91-277 President Hotton questioned Mr. Colvin if he reviewed the tapes of the previous Council meeting. Mr. Colvin stated yes he did. President Hotton stated because Mr. Colvin was absent from the last Council meeting but subsequently listened to the tape of that meeting, she will again ask the appearance of fairness/conflict of interest question. Mr. Waibel stated he TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 11 of 26 was also absent from that meeting but did watch the live telecast of that meeting. Ian 8levers, City Attorney, stated Mr. Waibel qualified to be seated. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all remaining Council members being seated. Jack A11ingham, Current Planning Division, stated this hearing was continued on the October 23rd City Council meeting pending additional information and resolution of primarily four issues. The first issue was the access to the site via Lower Marine Drive, which is a relatively narrow, substandard road. The Planning Commission heard public testimony during their meeting on this issue and did not require any improvements to Lower Marine Drive, with the City Engineering Department concurring. One option that was discussed amongst staff that might improve pedestrian/auto conflicts on Lower Marine Drive would be to make Lower Marine Drive a one-way street, which would open up more area on the road for pedestrians. Apparently this area is not on the Six Year Transportation Improvement Plan and currently the Planning Commission and City staff are not recommending any improvements to Lower Marine Drive due to the proposed project. The second issue regarded access to the site from Kitsap Way. The developer designed an access from a cul-de-sac that is part of the plat itself onto Kitsap Way. The Engineering Department does not approve of this access and the applicant feels creating a pedestrian access and not vehicular access to Kitsap Way would be of more benefit to the project. The third issue regarded a recommendation by the Planning Commission to not require a public beach access element to this project. Council questioned if there were other locations within the immediate vicinity or within City that might serve as public beach access. It appears that there is not any designated public beach access locations in the near vicinity of the project. NAD Marine Park or Evergreen Park seemed to be about the two most designated public access locations to the shore line in west Bremerton. The City is working to develop a beach enhancement project at Evergreen Park that might serve as a project for the proponent to provide a fee in lieu of dedication of a public beach access. However, it did not seem like that would mitigate beach access in the subject neighborhood. So, current recommendation is to require only a public use easement and not develop an improved public access so that development of beach access would be reserved for the future. The fourth issue related to a couple of internal roadways in TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 12 of 26 the plat itself. It is proposed that the two drives be private roads to serve four or fewer lots. Council was questioning if they should be dedicated public right-of-ways or private roadways. City staff feels they are essentially driveways serving the lots and recommend that they be under the same ownership as the lots, which they serve, and that they be constructed to City standards for road bed construction but not required to meet the necessary standards for right-of-way width. And, that those roads be allowed to grant pedestrian easements across these lots from the lots they bisect. Finally, that the plat have a maintenance agreement clearly stating who is responsible for repair and maintenance of those internal access drives. Council has been provided a revised "model" motion and revisions to the recommended conditions subject to this'new information. Norm Olson, N. L. Olson & Associates representing Chaffey Corporation, stated the developer agrees with the staff's original conditions and those supplements presented at this time with the exception of Item #3, public beach access. They do agree to build a pedestrian access to Kitsap Way and they still stand by their volunteering U.L.I.D. aid for anything that is done on Lower Marine Drive. They feel strongly that the access to the beach is wrong in this location for the following reason: (1) the liability of this on private homeowners that would have to suffer that easement is ludicrous. Should Council require the access to the beach, they would ask that the City also accept the responsibility and liability of such access and have a "hold harmless" agreement with the developer and the homeowners for future liability caused by pedestrians, etc. Staff has mentioned that the easement be granted but not constructed. He noted that might be very good if everyone forgot the easement existed. However, five years in the future someone may come in and want to build an access across someone's front yard. They do agree to come up with a fee in lieu of dedication. He has a dollar figure in mind, however, he requested Council to come up with a figure. They agree to adhere to other items listed on the resolution concerning utilities, stormwater, fire, subdivision design and private roadways and dedication. Wanda Mosbar~er, 3910 Valley drive, stated the City has a responsibility to help the residents make Lower Marine drive a safe place. There has been talk abut opening the Six Year TAPE #965 City Council Reg. Mtg. Minutes October 30, 1991 Page 13 of 26 Transportation Plan, that the City take responsibility for the road and the citizens would take on a L.I.D. for construction of sidewalks. If those steps were taken, the majority of the neighbors feel it would be a reasonable plan. In her opinion, the Planning Department's idea of making Lower Marine Drive one-way was one of the most ludicrous ideas ever coming from that department. During the winter time when there is snow or trees are blown across the roadway, there is only one way to exist that area. It would also add 1/8 mile for each resident of that area leaving that area and if a tree fell across the road it would leave only one way for the residents to get out of the valley. She asked council to please not make Lower Marine Drive one-way. Mr. Frederick Salmela, 1309 Lower Marine Drive, stated he felt the refinements made since the last Council meeting were a real improvement, especially developing a pedestrian access to Kitsap Way in lieu of a City street. He was not supportive of having the public beach access in the development and pointed out the location of Forest Avenue, next to Bayshore veterinary, which was an access to the beach on the south shore of Oyster Bay. He did not support the idea of making Lower Marine Drive one-way. He felt the idea of opening the Six Year Transportation Plan to include improvements to Lower Marine Drive had merit. Jim Lane, 3927, Valley Drive, stated he believed this project was the best use of the subject property. He expressed concern that people living in the valley may be restricted to too few exits, taking away some of what they currently have. He again stated that in his opinion the City's Engineers had treated the residents of the valley as an adversary.as well as peacemealing information to them. He hoped Council would approve the proposed project and at the same time make provision for the improvement of Lower Marine Drive through the Six Year Transportation Plan, and L.I.D. along with the residents. Kathleen McCluskey, City Clerk, read a letter from Robert J. Macht, Manager of South Ridge Condominiums, which stated members of the Homeowners Association oppose any public access provisions being incorporated into the approval of the subject subdivision. As stated before by the Planning Commission, any such public across private land will pose potential future trespass, security and liability concerns that reach beyond the subject property. TAPE #966 Mr. Johnson stated he was excited about the proposed project, TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 14 of 26 however, he was still concerned about people who will be residing on lots #15 and #16 and how they'll get their garbage picked up and mail delivered if their access is a private road. Mr. Olson stated one of the items required by staff and which the developer agreed to, was to create a roadway into the project that would meet Uniform Fire Code provisions. This would mean that in the area of Lots #15 and #16 a cul-de- sac would need to be constructed to allow for large vehicles, such as fire trucks and garbage trucks, to turn around. He noted the developer would probably lose one lot in order to provide such turn- around facility. Mr. Johnson stated when he speaks about "beach access" he is saying that in a more global sense meaning the whole community. He felt it was imperative council look to the future and plan for access to the water for future residents who do not live on the waterfront. He also thought it was wrong to have public access in single family waterfront areas. The solution to that is to define an alternative area and he did not support making it mandatory that it be placed in the subject neighborhood. He is satisfied with the road, opening the Six Year Transportation Plan and the L.I.D. for improvement of Lower Marine Drive. President Hotton pointed out that next year the City will be addressing the City's Parks Comprehensive Plan and one of the things that can be asked of the Planning Department and Planning Commission is to look at a site in this general vicinity for such a project. Mr. Collins reminded Council that they passed a Shoreline Management Plan which states there will be public beach access for any project over 4 unit. He had no problem finding an alternative location in the same general area. However, unless we are going to adhere to the Shoreline Management Act he suggested scraping that plan. When Council enacted the Shoreline Management Plan, these very things were discussed. He understood how the developer and residents of the subject site would not want public access through their properties and hoped that an alternative location could be found in order to fulfill that requirement. In regard to the roadway, he found no problems with what is being proposed as long as it is built to a standard and not something that is just "scraped" across the ground. He stressed the fact that this development will impact a lot of people and he still felt those people being impacted by the road should not have to pay the total L.I.D. He felt such a L.I.D. would hit the individual residents, even though there are more of them, than the developer. He did not believe a solution had been found for the Lower Marine Drive problem and putting sidewalks on it would not resolve the TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 15 of 26 problem. As he recalled, the next three years on the Six Year Transportation Plan are loaded with some very sensitive projects, such as the Marine Drive/Kitsap Way intersection and questioned if we limit that improvement? Mr. Overson stated not for $85,000. Mr. Collins did not believe Lower Marine Drive could be "fixed" for $85,000. Mr, Waibel stated he did not think the idea of making Lower Marine Drive one way made any sense. He pointed out the Manette area has Lower Shore Drive and Upper Shore Drive, which allows them to be made one-way and is not in the same situation as Lower Marine Drive. He felt the City does have a problem with the beach access - he reminded everyone that the Shore Line Management Act was required by State law. And, one of the requirements of that law was that the City come up with a Waterfront Access Plan, which had to be approved by the State. He did not believe Council could violate the provisions of that plan without appealing to the State to waive that stipulation. That plan states that all public and private developments will provide public pedestrian access from the right-of-way to and along the entire waterfront with the following exceptions, a subdivision containing four or less units. The entire intent of the State Law was to eliminate private ownership of the waterfront. Mr. Colvin stated he agrees with his fellow Council members that the Shoreline Management Act is a good act, but he also believes there are places where one has to use "good common sense". He did not support making Lower Marine drive one way and felt the City should take advantage of the citizens' desire to improve Lower Marine Drive with an L.I.D., and he supported opening the Six Year Transportation Plan. Mr. Overson stated Mr. Collins was correct in that the Six Year Transportation Plan was very solid and there are a lot of difficult decisions to be made if Council reopened it for consideration of Lower Marine Drive improvements. However, he felt the only way it could be added would be to have the involvement of the residents of the area as well as the developer. Also, he noted it seems like a contradiction that the City's Water Utility has to pay such costs and fees of the waterfront so that the public can have access. He supported the idea that beach access should be handled through some kind of fee to be set aside in a fund to be used at a time when some of these other problems are solved. President Hotton pointed out when council adopted the Shoreline Master Plan there was a clause included that stated if access to the shoreline at that particular location was TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 16 of 26 unfeasible for some reason, the City would accept a reasonable sum of money in lieu of that access in order to provide the same type of arrangement but in a different location. Mr. Dawkins pointed out that NAD Marine Park is located approximately 1/2 mile from the subject site and he felt it would be appropriate to consider that as a future enhanced park area. He also noted that the City should be prepared to increase police patrol personnel because of the impact such public access could bring about. He did not support the idea of having beach access located in a residential area. Mr. Johnson stated he felt he was on the same wave length as Mr. collins and Mr. Waibel - he was trying to make sure developers heard what Council was saying and as part of that there are ways to mitigate situations that do not quite fit the Shoreline Management Plan. If this is legal, then Council can, by motion, set the steps in motion to negotiate a mitigation fee that matches the City's ordinance to meet the beach access requirement. In reference to the road, Council can set, by separate motion, when and how to address the road problems. Mr. Colvin stated he believed Council should defer discussion of the shoreline access at this time. Ian Sievers, City Attorney, stated it would be difficult to do that due to the need to set the conditions of the plat so that the development can go forward and lots could be sold without designating if there will be easement encumbering these lots. Mr. Collins requested Mr. A11ingham read into the record regulation #8 of the Bremerton Master Plan. Mr. A11ingham stated the City Council had reviewed several documents lately and in the winter of 1990 Council passed the Waterfront Access Plan as an amendment to the Bremerton Comprehensive Plan, which is a policy document. The passage that Mr. Collins' referred to is: "require all public and private developments provide public pedestrian access from the right-of-way to and along the entire waterfront with the following exception, (1) a subdivision containing four or less lots". Mr. Collins stated recently Council discussed extending the boardwalk around to Evergreen Park and to "bite the bullet" and say that everyone will participate. He understands the idea of mitigating this condition, however, he believed Council must consider the intent of their past legislation and that was to give everyone access to the beach. Mr. Waibel stated because he was not sure the reasons the exceptions were allowed under the policy for mitigation may TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 17 of 26 apply in this situation, he wants to make sure the motion states that if that happens Council will revisit it and work it out another way. #0871 M/S/C/U(Horning/Colvin) to adopt the findings Of Fact and Conclusions of Law of the Planning Commission and hereby approve the Preliminary Plat of Oyster Bay estates and Shoreline Substantial Development Conditional Use Permit subject to the following conditions: Item 1 - Lower Marine Drive is accepted under the recommendation; Item 2 - Kitsap Way access is as recommended - pedestrian access only; Item 3 - no beach access is required, however, if the State overturns Council's decision it will be reopened and returned for Council's consideration and a payment in lieu of dedication will be negotiated between staff and developer, with Council approval, and concluded and Council will be notified ofsame before the Final Plat; Item 4 - private roadway is accepted per recommendations (a) through (e). Mr. Homing requested that the Six Year Transportation Plan be brought back to Council before year end, for discussion of a reopener on the Lower Marine Drive issue because of the following extraordinary circumstance: (1) the developer and neighbors would all like to participate in an L.I.D. Mr. Johnson suggested having the Six Year Tranportation Plan come before Council in mid November and concluding the issue by December 31 as to whether or not Lower Marine Drive be part of that document. Mr. Waibel stated he did not want Council to violate any of the notification requirements for hearing this kind of issue. President Hotton stated based on prior hearings already set, she did not anticipate it being scheduled before early December. Councilman Estes returned to Council Chambers at 7:56 PM. 8B - 80LID WASTE COLLECTION, DISPOSAL & RECYCLING CONTRACT, #AB91-277 The purpose of the hearing is to take public testimony regarding the solid waste collection, disposal and recycling contract. Staff will make presentation. Kathleen McCluske~, Director Of Administrative Services, stated she has been part of the City's negotiation team on the solid waste contract. Negotiations are still in progress and the purpose of this hearing is to present some of the main features of that contract as they stand at the moment and to TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 18 of 26 take public input. Background - the negotiating team were tasked with renegotiating the contract with Brem-Air and not going out for bid. The City established a Solid Waste Advisory Committee, chaired by Councilman Russ JohnSon, which included a number of City residents. It was the Committee's recommendation to renegotiate the contract with Brem-Air based on the past quality of service and the City's desire to work with the current provider. Purpose - (1) to assist and design a broad based reduction, reuse and recycling program that includes curbside collection, composting and deals with a wide range of specialized components of the waste stream. (2) Establish the true cost of service for recycling and waste collection considering the impact of one element upon the other. (3) Setting the rates to cover the cost in a manner that is equitable and provides incentives for greater recycling and waste reduction. (4) Negotiate a contract that is fair and cost effective and insures that recycling programs will be fully implemented. Implementation of Resolution 2323 has guided the negotiations. This Resolution was passed by the City Council with input from the Solid Waste Advisory Committee and meeting requirements of the State law, "Waste Not Washington Act", which mandates recycling and other features. SUMMARY OF FEATURES Single family residences - owners provide cans, as in the past, and a new feature has been added- a mini can (20 gallon). This couples in with the recycling component. Weekly pick up will continue as is current practice. Commercial and multi-family - containers would be provided by Brem-Air (multiple cans or dumpsters). The container size would be negotiated with the customer and frequency of collection. This is a new feature and one that was changed based on input from the public. Currently, the City mandates certain frequency of collection and it was felt this was something particularly a commercial customer should be able to negotiate. Of course, health standards and City ordinances will control if someone is trying to get away with service that is less than acceptable. Recycling Services - what is proposed is single family residential curbside recycling, by-weekly collection, same day service as other garbage collection, bin would be provided by Brem-Air and operational by December 1992, and materials, i.e. TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 19 of 26 newspaper, magazines, aluminum cans, tin cans, glass, plastics, would be the initial materials recycled based on their marketability. This is the component of the contract that is most "up in the air" at the moment because the City is attempting to coordinate with the County. It may be more costly if Bremerton starts recycling before the County. The County is probably a year behind the City in their time line to start recycling and there is also some concern as to by- weekly or weekly recycling, which the County is currently stressing. This is an area that Bremerton is proposing, however, City officials will be meeting with County officials to discuss this issue further. Recycling Services for multi-family residential - by-weekly collection, same day service, containers provided by Brem-Air, operational by December 1993, and materials, i.e. newspapers, magazines, aluminum cans, tin cans, glass and plastic. The materials that are marketable are the ones we intend to recycle and it will change as materials have a market. Commercial recycling - pick up would be optional and is not mandated by State law. Frequency would be negotiated, containers provided by Brem-Air, service available in December 1993. This would take more time on the part of Brem-Air because they would be negotiating with each commercial establishment who elects to recycle. Yard waste pick up - this will be an optional service and is not mandated. What is proposed is bi-weekly in summer and monthly during winter. Containers will be provided by Brem- Air and serviced stated by July 1992. A rate of $5.00 per month is proposed for yard waste pickup. Drop off services - there are two options being considered at this time:(1) in the city six days a week with charges to be established and materials other than the standard curbside recyclable items. In a recent proposal from Brem-Air there was some discussion of an alternative to a drop- off site disposal at the landfill by the citizen with a 30% rate reduction on the normal price for Bremerton-Brem-Air customers, that a site within City'limits be established and charges would be 175% of the rate charged by the Olympic Landfill for similar items. Ms. MaCluskeV emphasized that recycling services will be voluntary participation, although everyone will pay to cover the cost of recycling. Brem-Air will market the recyclable materials and a 50-50 split on income from such materials is proposed. The City wants the hauler to have an incentive to TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 20 of 26 promote recycling and if there is a revenue stream associated with that, there is some incentive. The City plans to use whatever revenue is generated for recycling education programs. The issue of "education" is not totally resolved and the City wants to commit some funds to recycling education. Currently Kitsap County has a division with several people working in this area, which is funded through the tax from the landfill, and the City desires to participate with them in such recycling education programs. Enforcement is an area where the City has received complaints from the public and effort is being made to tighten up rules and regulations for the City's responsibility and Brem-Air's responsibility. The contractor would handle, as in the past, inquiries and customer complaints. Disputes would be resolved through a Hearings Examiner or board, which is a new feature. In the past, citizens felt there was no method of dispute resolution and the City intends to use the current Hearings Examiner to hear disputes about quality .of service, etc. Brem-Air staff will assist with ordinance compliance, which means the drivers will have some kind of check list to monitor non-compliance garbage strewn or littered in streets and alleys; and they will work with the City Attorney on enforcement and prosecution. Rates - what is being proposed is a single rate for all services but broken out for the solid waste collection, disposal rate and recycling rate. It is desired to identify all of those rates so good decisions can be made how they are increased, their purpose, etc. In the past there was just one rate and did not make it possible to break out the components. Following is the rate structure currently under discussion: Mini Can $5.68 One Can $7.24 Two Cans $9.16 (Note: costs for multiple cans and dumpsters increase proportionately.) The adjustment mechanism for rates (hauling and collection) would' be an annual CPI based upon Class C Cities Western Region Index. This CPI is one of the lower indexes in terms of its increases and the City has put a lid of 6% on it, however, providing for a five year review process. Should the CPI continually exceed 6%, the contract would be reopened for Brem-Air to present information as to why they should be allowed to raise their rates beyond that 6%. The current 10 year contract did not include a reopener clause. TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 21 of 26 The disposal component of the rate: Mini Can- $2.41, one can - $3.85, two cans-S7.70. What this would be is the total hauling and disposal rate excluding recycling or taxes with a base rate of: Mini Can-$8.09/month, one can $11.09/month, and $16.86-two cans. As a comparison, the City's current rate for one can (no recycling and tax excluded) is $8.21. The mini-can rate is less than the current one-can rate without recycling. The adjustment mechanism for the disposal rate is different in that using a CPI for that did not seem appropriate because the disposal rate has a number of other factors affecting it. What is proposed is if the Utilities Transportation Commission (UTC) approves an increase for an affiliated hauler, then the City would accept that rate after UTC approval. Another option would be if they did not go through the UTC approval, that Brem-air petition City Council directly for any kind of rate increase for the disposal portion. The City would have the right to review whatever figures they present and Brem-Air would have the obligation to pay for that review. This gives the City some control over those rates and to have an independent auditor review their proposal. The third option would be rates charged by a non- affiliated disposal site (if the City disposed elsewhere). Weight base conversion - beginning January l, 1993, there will be a change made from "cubic yard" to a "weight" based method of applying charges for solid waste disposal. Contract wordingwas included indicating, although that should not have any impact on the contract, that we want to review it and make sure there are no major changes when that takes place. Again, the City would have a review of increases of 6% or more. Kitsap County's Comprehensive Plan covers many recycling issues and issues related to the landfill. The level of service is set by County plan and City ordinances. There is potentially economy of sale with County services and the City needs to be aware of that. If we all recycle, the cost should be reduced rather than just Bremerton being involved in recycling. Because not all recycling issues have been determined, there are some interim proposals and one is to propose an interim rate until the County has their program in place. Brem-Air has proposed an interim recycling rate of $3.90, based on just Bremerton recycling (5600 households). Recycling rates can be adjusted after UTC approval for the County rates after they have gone through that process, or adjusted based on an audit or the program and actual operating costs at the end of a period of time. Another option is to adopt an interim contract for all other features, hauling, collection and TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 22 of 26 disposal contract and establish recycling rates later on Russell Houge, Attorney representing Brem-Air Disposal Inc., stated during the negotiation process in developing the new contract, there had been very little disagreement over the major issues. He stated for clarification the level of recycling service that would be provided to the residents of Bremerton does not depend on the level of service mandated by the County. Brem-Air is prepared to provide to residents of the City whatever the City Council requests, within reason. The only problem they are facing is economy of scale. The City is taking the lead in this area in getting curbside recycling started. They have no clear picture but their best estimates are that it may be a year before the County government mandates a curbside recycling program. Drop Off Services - calling this "recycling" may be a bit of a misnomer. Currently, there is a commercial buy-back recycling service and the plan is to continue that facility. If people choose to not recycle at curbside but want to make some money off recycling or support a charitable organization that is recycling, they can continue to do that. Other materials, such as old appliances, pieces of wood from small construction sites, are not readily recyclable, but they are offering to deal with them as follows: (1) establish a drop- off facility within the City (this would be an expensive process); (2) to provide a service at the landfill subsidy by Brem-Air, where someone could show their garbage bill and deposit such items directly at the landfill. Weight base conversion at the landfill - rates will switch from a volume base of compacted cubic yard to a tonnage base at some time in 1992. They will be going through a six month review process to determine the conversion factor from compacting cubic yards now to tonnage. It is anticipated there will be no change in the actual rate, however, they do reserve the right to adjust the rate as they determine what the actual conversion factor will be. The following discussion outlines the basis for their proposal: Disposal component - comparing landfill "tipping fees" with counties throughout the United States and the State of Washington shows that Kitsap County has the lowest "tipping fee of those landfills that had addressed environmental issues. Rates in Pierce, King, and several other counties were immature rates because those landfill facilities had not addressed the concern that Kitsap County Landfill did; and it was anticipated their rates would increase accordingly. The rate for loose mixed municipal solid waste will be $10.00 per TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 23 of 26 cubic yard and for compacted waste the rate will be $15.55 per cubic yard. This is the rate that will be in operation for most of the solid waste accumulated and picked up in the City of Bremerton. Rates - all rates are broken down by distance from the point of pick up (number of feet driver has to walk to pick up garbage can) - most fall within the 0-20 feet at a cost of $5.68 per mini-can. They are anticipating that as much as 50% of the population will select a mini-can, which is a high percentage. Experience in other counties have shown that around 25% of residents select the mini-can sized container. One-can rate will be $7.24, which is the current rate under the old contract. There is, however, a cross subsidy to get a desired spread between the mini-can and one-can rate, so they added a little to the one-can and took away a little from the mini-can. The idea is that people who use one-can could be mini-can users and that would provide some incentive for them to reduce the amount of their garbage. Ken Wells, Recycling Manager for Parametrix, reviewed the collection/processing program. There are approximately 8,000 homes in Bremerton that are eligible for single family curbside collection. Among those homes they expect about 70% of them to set out their container each collection period. For this volume of service they plan to provide two trucks (approximately $65,000 each), drivers, maintenance and operation, collection bins and recycling information materials. This works out to about $1.16 per month per household as the base collection cost. This would not change too much regardless of an increase in participating households. Following collection costs is processing and that includes equipment used to consolidate the collected items into a form that can be transported to market. They require a facility to carry out the processing activities, which requires the lease of a building, assembling of equipment, operations personnel - adding up to about $1.84 per household per month. In order to implement this program funds would need to be borrowed to finance the operation and that amounts to 42 cents monthly costs to pay for the interest on the loan, plus there are insurance requirements and return on the investment from Brem-Air. All of this adds up to $3.90 to carry out the program as described. Mr. Colvin questioned what would the "bottom line" cost be to the citizens? Mr. Houge stated if the $3.90 figure is used, which may be higher than it will be for the life of the contract, cost of one-can with recycling would be $14.99. This would compare with a rate of $13.75 now charged for one can of TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 24 of 26 garbage plus recycling service in the City of Seattle. He pointed out one-can users are being penalized by $1.50 to encourage them to use the mini-can. Mr. Johnson requested input from residents relating to: hauler providing the garbage cans; if they had a preference for the type of recycling bin to be used; type of products city should include in the recycling commodity list; desired frequency of pick up recyclable materials. He noted garbage truck drivers will become more involved with enforcement and helping identify those who do not abide by City regulations relating to "pick up". He emphasized Kitsap County's Solid Waste Plan puts them about one year behind Bremerton's recycling proposal. The County's plan must be approved by all the cities in Kitsap County and those entities have urged the County to step up implementation of their proposal. Also, in that plan they have stated the need for a $2.00 charge on each resident each year to fund recycling education, etc. The City's position is to provide some incentive for people to reduce their out put of garbage; and the more garbage they produce the more it will cost to have it picked up. Mr. Colvin questioned if Brem-Air would provide the garbage cans and if so what would the charge be? Ms. McCluskey stated it is proposed that the mini-can (20 gallon size) and standard size ( 30 gallon) can be provided by the customer and commercial cans and dumpsters be provided by Brem-Air. Mr. Johnson questioned if it was cheaper how would the public feel about the hauler providing the can? Mr. Colvin supported the idea of having consistent cans for everyone. The following individuals spoke in favor of proposed contract with Brem-Air Disposal Inc.: Frank Bratonia, 2804 Cascade View; John Paul Jones III, Executive Director WA Waste Management Assoc. P.O. Box 1486, Olympia, WA 98507-1486; Dick Fenske, 135 South Marion; RalPh Erickson, 3535 W. Matthews Drive; Joe Murphy, 11928 Central Valley Rd. NE; Cap Demiero, Bremerton; Tim Arnold, Bradley Scott & Assoc., 400 Warren Avenue. The above speakers made the following comments: (1) Brem-Air/Don Lindgren has been very generous in contributions to many worthwhile causes within the community for over 20 years. (2) Washington State Management Association is proud to have Brem-Air as a member and noted Don Lindren had also been active in the National Solid Waste Management Association where he serves on the Board Of Directors and is a member of the Institute Of Solid Waste. Mr. Lindgren's activities at the State and National level are respected throughout the industry community. (3) Brem-Air has sponsored slow pitch softball teams in the community. TAPe #967 TAPE #966 City Council Reg. Mtg. Minutes October 30, 1991 Page 25 of 26 (4) Brem-Air worked with a neighborhood group to resolve excessive noise generated at the Brem-Air Disposal site during early morning hours. (5) Keep recycling collection type activities outside of residential neighborhoods. (5) City should consider a 50-50 split on recyclable materials after the cost of delivery of goods is taken out. (6) Brem-Air is a quality company who provides a quality service. (7) Brem-Air provides better service to Kitsap County residents than other companies in other areas. (8) Brem-Air Disposal Inc., provides one of the best, if not the best solid waste pickup service in the state. (9) Brem-Air has worked with commercial entities to resolve problems and does provide excellent service to commercial accounts. Don Larson, 135 Rainier Avenue, pointed out the there was no "exception" clause proposed to allow the exemption of people who generate no garbage through total recycling efforts. He felt the frequency of picking up recyclable materials could be monthly or every two months and encourage drop off centers. Elizabeth Bue11, Highland Avenue, stated she was not happy with the fact that she is being billed per duplex rather than one bill for six cans considering the fact the duplexes are all located on one piece of property. She is billed for sewer and water services on one bill for services to the duplexes. She supports theidea of recycling and noted senior citizens don't like changes. Roy Hawker, 3311 Rodgers, brought up the issue of some residents being given "Duracans" by Brem-air without any additional charges even though they were a 60 gallon capacity and replaced the use of 30 gallon cans. When he has put out his garbage in the regular type container he has been charged for any overage of garbage. He felt this was unfair and that Brem-Air had not followed the City approved rate structure. Since he currently does not recycle, he felt input from those who do recycle and are successful at this endeavor would be helpful to others. He supported the idea of having an official body to judicate differences between the residents and Brem-Air. Jack Swanson, Reporter from The Sun, questioned if the rate for the recycling component was $3.90? Mr. Johnson stated that was an amount proposed by Brem-Air. Mr. Swanson questioned how firm that figure was or if it was still under negotiation? He pointed out Mr. Johnson had stated during a Study Session that a rate over Seattle's collection rate of $15.75 would be unacceptable for Bremerton. He questioned if other Council members felt the same way as Mr. Johnson on this TAPE #967 City Council Reg. Mtg. Minutes October 30, 1991 Page 26 of 26 issue? There had been no discussion at this hearing or during previous study session as to the total rate people will be charged and the affect of the excise tax that the City charges residents on top of the rates. He questioned if the City planned to charge a 20% excise tax? Ms. McCluskeV stated it is intended to phase out the tax and that the tax rate will stay at the same percentage during 1992 and from that point on it will be rampod down. In reference to recycling components, there is not a range being discussed at this point and the $3.90 rate is being proposed by Brem-Air, which was based on just Bremerton's recycling. The City is still looking at what the rate might be if it were "County-wide" recycling. Mr. Johnson stated he did not believe the City's position had changed and the bottom line should reflect garbage collection service costing less in Bremerton then it does in Seattle. In reference to the Duracan issue, both City staff and Brem-Air staff have asked him "what about the Duracan use in the new contract". His response to that was simply if a resident has a 60 gallon Duracan and there is a single can rate for a 30 gallon can, they now have a two can rate with a 60 gallon Duracan. And, if someone has a 90 gallon Duracan, they would have a three can .rate. He felt there would still be uses for the Duracans through multi-family and other groups uses. Mr. Waibel urged Council to get on with concluding the contract negotiations and pointed out as of Friday the City would not have a garbage collection contract. And, under his interpretation of the Charter there is no garbage contract in effect now. With no further business meeting adjourned at 9:25 PM. KATHLEEN L. McCLUSKEY, City Clerk L~~NNHORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault