Loading...
HomeMy WebLinkAbout05/31/89TAPE #642 UNAPPROVED DRA #0039 #0053 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 31, 1989 at 5:30 p.m., with Council President Spencer Horning presiding. Council members present were Shirley Marty Crutcher, Lynn Horton, Hank Waibel, Morrie Dawkins, A1 Colvin, C.R. "Tiny" Collins, Lon Overson 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 Horning and Invocation was given by Reverend Michael Grimshaw of the First Church Of the Nazarene. CONSENT AGENDA A. Minutes of Meeting - May 10, 1989, #AB89-145 B. BID AWARD RECOMMENDATION- RE-ROOF CITY HALL, #AB89-146 - Awarded to Field's Roof Service as to specifications and low bid received in the amount of $31,163.50, including tax. 2. Accept change order number one amending contract amount to $26,709.61. C. BID AWARD RECOMMENDATION - DUCTILE IRON PIPE & FITTINGS AND CAST IRON VALVES, #AB89-147 - Awarded to U. S. Pipe and Foundry as to specifications and low overall bid in the amount of $140,950.93 plus tax. M/S/C/U(Johnson/Dawkins) to present Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expenses 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/Waibel) on May 31, 1989, the Council does approve for payment those vouchers included and further described as follows: 43642 through 43643 in the total amount of $7,000.00 and Retirees Payroll in the total amount of $48,148.20. COUNCIL MEMBER REPORTS Mr. Johnson stated he was glad to be back in town after a brief trip to Canada. During his absence he had taped the City Council meeting and while viewing the tape he was surprised at the attitude of some of the people downtown concerning parking. He noted there needs to be some kind of control in the downtown area to have parking turn over or it will be taken over by all-day parking. In response to action taken on the SR3 Park item he felt that Council may have bypassed surplus procedures which should have been followed. Also, he felt that a more appropriate name could be found for the SR3 Park and suggested the Parks Board look into a possible name change in the future. Regarding Roosevelt Field and the possibility of Olympic College acquiring it - he felt the most important issue is to validate the appraisal and make sure it is a good professional appraisal. He too felt the Armed Forces Parade was excellent. He commended the Community Cable Access Crew for their coverage of the parade and future programming. He suggested obtaining Press Passes for the Cable Access crew and to utilize them at some of the Transportation Hearings that are coming up in the future. He noticed a large lineup of old Police cars at the Max Meigs Fire Station and questioned how long before the City gets rid of them? Parking - he felt a lot of progress had been made, TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 2 of 12 however, he still thinks where there is a curb and actual parking strip something has to be figured out to prohibit parking on it. Obtaining the USS Turner Joy - he felt it was a real joy for Bremerton and appreciated the help received from our Congressional delegation, city staff and most of all people in Bremerton and those in the community who organized to make it happen. Research will begin sourcing grant funding for the possible development of a shore side park making an entrance to the USS Turner Joy - possibly with a visitor center, etc. Mr. Johnson was pleased that efforts to dump three barges of waste from the demolition of the Ye Olde Curiosity Shop/Seattle was not allowed in Kitsap County. He commended Mr. Lindgren for his reaction that he did not want it in the Olympic Landfill. Mr. Colvin reported his absence from the Council meeting on May 24 was due to his attending a Lions Convention held in Spokane. While there, he had the opportunity to view that city and noted they also have lots of vacant windows/stores, however, they are working toward a comeback just as Bremerton is trying to doing. The Bremerton Central Lions Club hosted Mr. Bill Kamps, Commissioner of the Department OF Transportation, as guest speaker and learned the ferry budget situation is critical. Mr. Colvin was asked the question "why is the City selling Roosevelt Field?" - his response was that this issue has not been brought to the City Council for consideration and he did not believe the Council, at this time, had a position either way. He too felt the Armed Forces Parade was excellent and appreciated having the opportunity to be a participant in it. On June 2, the Bremerton Central Lions Club will install Mr. Colvin as its President (King Lion). He noted it will be an honor to serve as Lions President and looked forward to the installation dinner/ceremony. Mr. Dawkins reported Memorial Services at Retsil and Ivy Green Cemetery were excellent. Mr. Collins stated he continually hears people say "Bremerton is dead" and after reviewing a report from Dick Mumma, Building Official, believes Bremerton is anything but dead. There were over $2,000,000 valuation of permits taken out between January - April 1989, 54 for businesses and 104 for residences. Mr. Overson reported an Errors And Correction Committee meeting was held Tuesday, May 30. He noted some of the earlier requests for review were a little easier than the later ones and the review process is drawing to a close. Mr. Crutcher reported as he travels through other cities he notices they share similar problems with those experienced in Bremerton. The issue of parking on parking strips is a common problem and believes it is compounded by residents having multiple vehicles. Mrs. Horton stated she met, this date, with a large contingency of Bremerton Main Street Association about parking in the downtown area. She is hoping they will be forwarding some recommendations as to what they would like to see happen regarding parking in the downtown area. On Thursday, May 25, she attended the Puget Sound Water Quality meeting and listened to all the action items slated for Dyes Inlet and Sinclair Inlet. One of the comments made concerning what to do about hazardous waste - the County contingency stated the County is now working on a program to handle hazardous waste disposal and they asked the public to please retain hazardous waste materials, do not flush it down the sewer system as they will be providing a program for disposal. In the evening of May 25 she attended the Puget Sound Air Quality Control Wood Burning public hearing and listened to three hours of public testimony on the pros and cons of the proposed continuation of the wood burning ban imposed this past year. Funding of the program TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 3 of 12 has not been identified, however, it is felt the program has merit and should continue. Mrs. Horton stated she contributed the fact that PSAQ should be more cognizant of individual areas and not lumping everyone together. There will be funding recommendations coming the first part of June. Mr. Waibel noted he missed the last Council meeting due to being ill. He reported he was unable to attend the "Life Style Choices '89" but his daughter was selected as one of the 6th grade students to attend the conference. He served as a judge during the Kitsap Transit Bus Rodeo held two week ago and found it to be very interesting. He ended up riding buses all day and judging them on the smoothness of their ride. The final drives were undertaken by the Transit Executive Officers and they did not do near as well as the regular bus drivers. Mr. Waibel was also impressed with the Armed Forces Parade and he noted it was twice the size as the Memorial Day Parade held in Seattle. Mr. Hornin~ reported he also attended the "Life Style Choices" conference and commended the young people desiring to help one another and wage a war against drugs. He attended Memorial Day ceremonies and affirmed that Bremerton and Kitsap County is very committed to the preservation of peace. Mr. Hornin~ invited Dick Mumma, Building Official, to comment on activities going on in the City of Bremerton. Dick Mumma gave a brief report on some of the current enforcement activities that his department is involved in. Besides the responsibility of issuing permits and conducting inspections, his department is also charged with enforcement responsibilities on much of the private property in the City. These responsibilities include: building code violations, violations of Litter and Garbage Ordinances, Zoning Ordinance violations that cannot be resolved without enforcement action and the abatement of junk cars on private property. Under the direction of Mayor Lobe and Don Pratt, Director of Community Development and with the active support of the City Council, they have had many successes in the area of enforcement. Some of these achievements include: out of 92 complaints received since the first of the year 59 complaints have been closed; investigated 85 caterpillar complaints and sending letters to appropriate property owners; an apartment house on Washington Avenue that was vacated due to substandard conditions and is now under remodel to bring it up to current code standards; the owner of 649 Washington Street (house located at end of Manette Bridge) has been granted a permit and has agreed to put a new foundation under the house - this was as a result of abatement action by the City; an apartment on Burwell that was a nuisance to the Police Department and citizens of the City has been vacated and currently under remodel; a garage on Montgomery Avenue that was demolished by fire and was removed within 48 hours after the fire - result of an abatement action; in the area of junk cars ... five cars have been removed from 15th and Cambrian, vehicles have been removed from Eagle Street, Snyder Avenue, Montgomery, Taft; and today six vehicles were removed (5) from behind the old Nygard Grocery on Callow Avenue and (1) from the end of Pacific Avenue. Five cars have been referred to the Police Department for removal - they are in the right-of-way and out of Mr. Mumma's jurisdiction. He noted he felt his department consisting of two have done an exemplary job handling enforcement in the City. President Hornin~ stated it is important that the public know we as a community are not sitting back on these issues and actions are being taken as outlined by Mr. Mumma. And, he questioned about possible removal of vehicles located at llTH and Naval? Mr. Mumma explained that llTH and Naval was investigated by his department after a complaint had been filed - the vehicles do not meet the definition of abandoned vehicles as defined in City ordinance. It is his understanding the Planning Department is conducting an TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 4 of 12 investigation to see if there may be a zoning violation with vehicles parked on that property. PUBLIC RECOGNITION Jim Wooten, Bremerton Area Dart Association, presented the City of Bremerton with a plaque in appreciation for all the effort and support of their Annual Dart Convention. Mr. Wooten briefly outlined the warm welcome participants received during the darting events and thanked City Council members for their willingness to extend a welcome t~ the many conventioneers. President Hornin~ thanked Mr. Wooten for the plaque and acknowledged the wonderful people who come out to participate in the darting events. Kathleen McCluskey, City Clerk, read a Proclamation recognizing the many contributions made by the Filipino-Americans to the enrichment and quality of life in the Pacific Northwest and the nation, as well as sharing their rich cultural heritage. Mayor Gene Lobe proclaimed June 3-18, 1989 as PHILIPPINE WEEK. The Proclamation was accepted by a contingency from the Filipino community. Kathleen McCluskey, City Clerk, read a Proclamation recognizing the importance of boating safety and continued education for all who use waterways to acquire skills and knowledge to maintain their own safety and the safety of others around them. Mayor Gene Lobe proclaimed June 4-10, 1989, as NATIONAL SAFE BOATING WEEK. President Hornin~ presented the Proclamation to representatives of the Bremerton Power Squadron. Commander Bremerton Power Squadron stated Boating Class aFe provided to the public at no cost in Bremerton, Port Orchard, Belfair and Shelton. Representatives from the Power Squadron attend Boating Shows in Seattle/Tacoma/Shelton to promote the Boating classes offered. The United States Power Squadron Organization is celebrating its 75th anniversary and Bremerton has had a local chapter for many years. Publicity activities are an on going effort via flyers, public access television, etc. The Power Squadron works very closely with the Coast Guard Auxiliary. Anyone is welcome to participate in the classes, adults and children. Mike Lander, Manager of the Kitsap/North Mason Chapter Of American Red Cross, stated everyone who goes out boating should wear an approved life jacket, a skipper of a boat should position the passengers and crew properly to prevent falls and injury, to carry all required and recommended safety equipment, to obey all boating regulations, don't smoke while refueling your boat, when water skiing stay away from swim areas, get to safety before bad weather sets in, don't make high speed turns with small boats, learn how to swim, learn first aid, don't overpower a boat, don't overload a boat, don't overlook safety items which include life jackets, anchor, fire extinguisher and oars. Kathleen McCluskey, City Clerk, read a Proclamation honoring the Navy Wives Clubs of America and their dedication to providing a congenial social program for the wives and families of enlisted personnel, welcome newly reported families and assist them in getting settled in new locations. Mayor Gene Lobe proclaimed June 3, 1989, as NAVY WIVES CLUB OF AMERICA DAY. Dan Crocker, General Manager of TCI, announced as of Thursday, June 1, a Channel switch will have been made - 17 channel are being realigned with the switch to be completed in a 2-hour period. Wayne Estes, Bremerton resident, stated lots of good things are happening in Bremerton, however, two years ago he came before Council with a problem that still exists... Tuesday evening, May 30,in the downtown area young people were congregated and acting in a rowdy manner, breaking windows, etc. Police Officers did come into the downtown area and asked some of the individuals to leave, TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 5 of 12 which they did but returned shortly after the Police Officers left the area. He suggested getting letters of restrictions from the independent parking lot owners, including Banks, have them posted and permit the City Police Officers to enforce the regulations. Also, the Chief of Police could be requested to draft up an ordinance to be used in solving the situation. Mr. Estes expressed concern that no one will want to introduce friends or newcomers to the downtown area because of unpleasant atmosphere. He noted this is going to be a political issue because he is going to make it one. 6A - REOUEST FOR AUTHORITY TO RECLASSIFY A POSITION IN THE TREASURER'S OFFICE, #AB89-148 A classification review has been completed at the request of the Treasurer on an Accounting Assistant I position in the Treasurer's office. The results of that review are attached. Reclassification of the position is requested to be effective July 1. The annual cost difference between the classifications is about $1,000. This can be funded from the existing department budget. Kathleen McCluskey, City Clerk, explained the motion requested would be "to approve the recommended Budget Adjustment and reclassified position in the Treasurer's Office". Rich Hanna, City Treasurer, stated the necessity for the reclassification is the direct result of reduction of a higher classified position - Accounting Clerk Senior in the Treasurer's office as a part of the adoption of the 1989 budget. The workload has been redistributed and that in a large measure has led to the need for the reclassification. #1522 M/S/C/U(Overson/Crutcher) to approve the recommended Budget Adjustment and reclassified position in the Treasurer's Office. 6B - CONSULTANT CONTRACT: REVISION TO HARBOR LANDS UTILIZATION STUDY APPROVED EARLIER, #AB89-153 A. The Mayor was previously authorized to sign the attached consultant contract which included a $500,000 professional liability (errors and omissions insurance). This insurance clause has been deleted during negotiations. Difficulty of the insurance to provide an affordable product, severity of need, and availability of time prior to the underlying grant termination were all considerations. Council's approval of the same contract minus errors and omissions insurance is required. Don Pratt, Director of Community Development, explained both the situation that he is faced with and the issue warrants Council consideration. The Department Of Natural Resources has granted the City $10,000 to do a Harbor Lands Utilization Study. Those funds expire June 30. In order for him to build his 1989 budget,he delayed starting up the grant program until January 1, at which time he found other more pressing matters to deal with until April. In April a contractor was selected from Small Works Roster and requested Council's approval of the contract. The original contract proposed did have Errors & Omission Insurance as specified by the City's Risk Manager. It turns out, after the Council approved authorization, the contractor selected was not able to obtain the Risk Insurance the City desired him to have. Now, Mr. Pratt finds himself without adequate time to select another contractor who could get adequate insurance, if possible and the question is now do we go to contract without Errors & Omissions Insurance or is the contract dropped. If it is desired to go out for an amended contract, Council would have to approve the amended TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 6 of 12 contract. The difficulty experienced regarding policy is if Errors & Omission Insurance for Planning Studies requires the same kind of insurance the City requests contractors to have for such items as Architectural Studies? The contractor selected is a one person office, who provides a good job at a good price but typically does not carry a large overhead which would include E&O Insurance coverage. Mr. Pratt noted the City had to return the Department Of Natural Resources funds last year for the 4TH Street Tower and he is reluctant returning funds two years in a row. The Risk Manager would prefer E&O Insurance but he is recommending to the Mayor and Council that the City proceed with the contract without the E&O Insurance because the risk is small. The product to be provided by the contractor is a marketing analysis - there is no physical project coming out of the study. It is a study telling the City what kind of harbor lands exist, how the Shoreline Ordinance and other Ordinances address it, identifies potential uses and does an economic analysis of those uses, proposes changes to regulations. Any product from this study would have to occur after funds are budgeted, either by the City or a private developer or any subsequent permits are applied for and established. Mr. Pratt believes that the product is a minimal project, not a concrete product, the information is of value and he feels it is worth the $2,500 of City's portion of the funds to pick up this type of information. Lastly, he would like to continue the project in order to keep the faith with the Department Of Natural Resources. Mr. Johnson questioned why couldn't the firm get E&O Insurance? Mr. Pratt stated typically planning operations are grouped with architects and engineers who have hard products and the market has not responded adequately to provide E&O Insurance for planning studies with no hard product. Also, this particular person does not carry it, does not feel it is warranted and he is covered by some of the other cities he has worked for. Mr. Johnson stated he felt the City would be getting a product and if the City made decisions based on an incomplete product what recourse might the City have in the event of problems? Mr. Pratt stated he did not feel it was a liability question but a performance question whether or not a product is provided. And, he suggested that the material provided is very raw and does not carry major liability. Peu~y Lesser, Risk Manager, stated she had three concerns about removing the E&O Insurance requirement: (1) the City has an agreement with the State of Washington that was entered into October 1988 - agreed to hold the State of Washington harmless for any fall out from this study; (2) this study will be used to allocate scarce and environmentally sensitive land and recommended uses of that land; (3) concerned about the application of the economic analysis - it will be used to encourage specific development based on relative profitability. Mr. Waibel questioned in terms of dollar amount what the risk might entail? Ms. Lesser stated it could be tremendous or minimal - there have been claims $160,000 plus on development that the City permitted in the waterfront area. If this happened today the $160,000 would be coming out of the General Fund. Mr. Colvin questioned how small of a risk may the City be taking? Mr. Pratt stated it could be as small as $200.00 up to any amount of money. The $160,000 paid was for an Environmental Impact Statement on which a decision was made to build something. In this case that is not the concern - it is a market study without a project involved. He doubted if anyone would be damaged any greater than $10,000 using a market study. Ian Sievers, City Attorney, stated the trend is definitely to involve greater TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 7 of 12 liability for both economic and environmental planning simply because the City is not the person turning the dirt does not mean that there isn't some liability if there is misdirection development activities or make some wrong decisions which lead to development. The example of the Port Washington project where the City's insurers did pay a lot of money is a good example. A lot of the City's liabilities just stem from failure to recognize the need for a soils analysis...a person needs to understand underlying environmental conditions. He felt it could be a substantial risk simply from a structure that is indicated suitable for construction falling into the bay to personal suits relating to environmental problems. Mr. Colvin questioned how much would a premium cost for E&O Insurance? Mr. Pratt stated in order to obtain E&O Insurance on a single project - $1,500 for $250,000 coverage. Mr. Overson questioned what possibility is there that the funding can be extended so it will not expire? Mr. Pratt stated not likely. Mr. Collins questioned if the study would belong only to the City? Mr. Pratt stated this is new data that would be provided by the consultant to the City and probably used to encourage future building of appropriate uses. Mr. Collins supported continuing on with the contract as proposed and the risk is minimal. Mrs. Horton stated for clarification that the study would actually be the property of the Department Of Natural Resources but the City has the right to utilize it. Mr. Pratt stated that was correct - technically they have contracted with the City to provide this information and in turn the City is trying to subcontract that responsibility. Mrs. Morton questioned a statement in the contract: "the coverage of an amount approved by the Risk Manager"...and asked what it meant? Ms.Lesser stated the way the proposed contract read the consultant would be asked to provide Comprehensive General Liability Insurance for whatever amount she requested. She explained that Comprehensive General Liability Insurance would not do the City much good therefore she does not care what the amount is. She strongly emphasized the need for Errors And Omissions Insurance. Mrs. Morton questioned if there were a lot of presidents as far as litigation, etc.? Mrs. Lesser stated there is in environmental issues, and a~ To planner studies the trend is increasing. Mr. Crutcher questioned if Mr. Pratt had check the past record of this firm he is recommending? Mr. Pratt stated it is a single person office that has a good reputation. He does not have a record for making errors. President Morninu questioned if this person could be hired as a temporary employee to complete the job? Mr. Pratt stated both organizationally and professionally recommended that the contract either be approved or disapproved. Mr. Overson stated he could not consider the risk that the City would be taking if approval was given without the E&O Insurance being included. Mr. Waibel questioned if there was the potential of this study being used to deny permits? Mr. Pratt stated he honestly could not tell any cause or affect direct relationship between this study and a permit or a physical action that will take place. This study is designed to tell both the State and the City what types of uses can occur on the shorelines and what should be done to help develop those uses, what should be done in the way of Shoreline Ordinances, what should be done in building public roads that would attract #2832 TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 8 of 12 these kinds of uses. Before anything is built there is another analysis and study of the financial value and environmental value of what is being built. A SEPA process and permitting process are required, which in his opinion is where the liability lies not in a preliminary analysis of conceptionally what kinds of uses can be used on the property. He noted it is planner sensitive not Risk Manager sensitive and the City Council needs to hear both comments before making a decision. Mr. Johnson pointed out the bottom line is that the City most likely would be responsible for any liability. And, it is apparent the insurance companies are aware of areas of risk by their high premiums being charged. M/S/F(Collins/Dawkins) to approve the amended contract which requires no Errors And Omission Insurance. Vote: In Favor: Opposed: Motion Failed. Collins, Dawkins, Crutcher, Horning Waibel, Colvin, Johnson, Overson, Horton 7A - RESOLUTION #2251, COUNTY WIDE VOTERS PAMPHLET, #AB89-151 Kitsap County Auditor, Karen Flynn, would like to discuss the possibility of a County wide voters pamphlet for this fall's elections. A proposed Resolution is attached. Karen Flynn, Kitsap County Auditor, stated Washington State is only one of a few states in the United States that has mandated to produce a voters pamphlet for its citizens and this reflects citizens desire in Washington State to receive that kind of information from a reliable and unbiased source. It typifies the good government reputation that Washington State enjoys, particularly in election processes. The only drawback of the Secretary Of State's produced voter pamphlet is that it contains information only on Federal and State candidates and issues with no similar vehicle for local candidates and issues. To provide an opportunity for local candidates and issues to also be available to citizens, the 1984 Legislature mandated that Counties could also produce local voters pamphlet and this is being done in Thurston County, King County and Clark County. In Kitsap County Auditor's office they are strong advocates of a local voters pamphlet based on information they receive from local residents requesting information on candidates and issues. A local voters pamphlet would contain statements from all candidates running for office along with a photograph, a description of the duties of the offices up for election, a reproduction of ballot measures, pro and con statements, list of polling places, sample ballots, request form for an absentee ballot, instructions for registering to vote and notice of the election. The voters pamphlet would be sent to every household in Kitsap County. Estimated cost for producing a County- wide voters pamphlet is $14,000 and that would be divided among the jurisdictions that are participating in the voters pamphlet on a prorated basis. The larger the jurisdiction, more registered voters in the jurisdiction the higher the proportionate cost. If all 57 jurisdictions participate cost to the City of Bremerton would be $575.00 and if only 13 major jurisdiction participate Bremerton's cost would be $1,255.00. Previously the City of Bremerton produced a voters pamphlet for only a specific measure which cost approximately $5,000. The State law requires that each governing body for the jurisdictions that want to participate must pass a Resolution. TAPE #643 TAPE #642 City Council Reg. Mtg. Minutes May 31, 1989 Page 9 of 12 The County is hoping there will be 1004 participation in the voters pamphlet. The County feels strongly that the voters pamphlet will increase voters awareness and knowledge of the candidates, issues and election itself. Wayne Estes questioned if some of the cost would be defrayed by asking candidates to donate funds toward the publication of the pamphlet? Mrs. Flynn stated, by State law, the cost of the voters pamphlet is paid for by jurisdictions that are participating in the pamphlet and is prorated by specific formulas that the State provides and that is generally by the number of voters in that jurisdiction. She was not aware that candidates listed in the State voters pamphlet contributed anything towards its cost. Mr. Collins questioned who would prepare this document? Mrs. Flynn explained the document would be prepared by the County Auditor's office and there is a specific set of rules that all of the jurisdictions would need to agree to in advance and they have prepared a sample set of rules that they would provide; in advance of the jurisdictions agreement to participate they would also agree to the general rules. Generally speaking, the candidates would submit their biographies, containing a certain number of words that had been agreed to in advance, not containing any thing that would be libelous, slanderous or inflammatory. Mr. Collins questioned who would screen the information? Mrs. Flynn stated the County Prosecutor would review the entire voters pamphlet prior to its publication. If the item is a ballot measure the legislative body that is proposing the ballot measure would be responsible for presenting a pro statement and also responsible for finding citizens to prepare a con statement. Mr. Collins questioned which elections would this be appropriate for? Mrs. Flynn stated they are proposing this for the General Election. Mr. Collins questioned if limited participation in this years General Election would elevate the cost of participation for the City of Bremerton? Mrs. Flynn stated that at the time the City of Bremerton would participate there are many more jurisdictions to share the cost with than the County does when they run in the even years. Mr. Collins questioned what good would the County-wide voters pamphlet do for the citizens of Bremerton for the cost? Mrs. Flynn stated the information included would be patterned after the State Voters Pamphlet, which would include: photograph of candidates along with biographical information; ballot measures would be modeled after the State example - it would be presented as written along with a opposing and favoring statement; entire sample ballot for the voter; request form for an absentee ballot, list of polling places. There is a lower voter turn out during odd year elections and they believe the reason for this is that people are unaware of what the special districts are, who is up for election and for what positions. And, she believes that this local voters pamphlet will provide a vehicle that describes all of the positions that are up for election, tells voters in advance that these are the interests in your community that are up for election this time - providing voter awareness and voter education at a very low cost. Mr. Waibel questioned the availability of the needed rules and was concerned that the local voters pamphlet might be more confusing? Mrs. Flynn stated it was the intent to just introduce the idea to the City Council, not requiring that a Resolution be pass at this time. Mr. Waibel noted the City Council would need to pass an Ordinance if they desire to participate in the voters pamphlet because they are a first class city. Dean LoGan, Kitsap County Auditor's Office, stated the ordinance for a first class city is only necessary if the city chooses to do a local voters pamphlet on their own. In this case, the County is choosing to doing it as #0724 TAPE #643 City Council Reg. Mtg. Minutes May 31, 1989 Page 10 of 12 a County-wide pamphlet so the Kitsap County Commissioners will pass an ordinance and then the junior districts would be asked to participate. After finding out the jurisdictions desiring to participate then those jurisdictions will come together and approve the rules and regulations. Mrs. Flynn emphasized there are sample rules available to give the jurisdictions an idea of what they may consist of. Mr. Colvin questioned if the information provided by Mr. Logan was correct? Ian Sievers, City Attorney, stated when the Charter Review Committee was formed last year there was consideration given to the possibility of providing a City voters pamphlet; and there is a statute where the City Clerk would have some independent authority under State statute to do some rule making to set up committees to make the pro and con statements on City ballot issues that go into the pamphlet. It may be that the County now as the sponsor of the pamphlet does the rule making for those statements. He noted the rules need to be in place before the issues come up. Mr. Colvin expressed concern that it was not clear whether or not the City had any veto power on what would go into the voters pamphlet or the right to approve the final draft? Mrs. Flynn explained the County would do the actual publishing of the pamphlet and they would abide by all the rules as agreed to by the participating jurisdictions in advance of publication. President Hornina stated for clarification that first the jurisdictions must declare their participation and they as a group would adopt the rules. And, he questioned if there was a time line for jurisdictions to determine if they wish to participate or not? Mrs. Flynn stated the County does need to know somewhat in advance and they would appreciate the jurisdictions responses two weeks prior to filing time (last week in July). Mr. Johnson stated he was not ready to give up rights as a city to the County, that in the event there are Charter changes to bring before the voters via ballot measures - meeting a early deadline may conflict with the functioning of a Charter Review Committee and a Voters Pamphlet may not be the best way to inform the public of this type of issue. Mrs. Flynn stated the proposed rules do state the Attorney for the jurisdiction submitting a ballot measure will provide the arguments and will review the information contained in the Voters Pamphlet. With regard to getting out of the Voters Pamphlet, once a jurisdiction is in all they have to do is pass a Resolution stating the desire to withdraw. Mr. Overson proposed that Council request further input by the County Auditor, to request the Council Intern gather additional information and then give the whole issue a review prior to making a decision. Mrs. Horton requested that the additional information to be provided by the County Auditor include statistics which relate to Bremerton and not Kitsap county as a whole. M/S/C/U(Collins/Crutcher) to table this issue indefinitely. 7B - ORDINANCE (FIRST READING) VACATING PORTION OF ANALLEY WITHIN BLOCK BOUNDED BY CALLOW AVE., RODGERS ST., WYCOFF AVE., AND COONTZ STREET, #AB89-152 This Ordinance finalizes the vacation of the alley bounded by the above-streets to Kitsap Transit. The City Council approved the vacation at a public hearing on December 14, 1988. Ian Sievers, City Attorney, stated the ordinance does not incorporate a recommendation that the applicant of the vacation to consolidate some land divisions. In discussing this matter with Planning personnel there was no rational connection with the vacation to do this type of action. #0849 #1002 #1141 #1273 TAPE #643 City Council Reg. Mtg. Minutes May 31, 1989 Page 11 of 12 Actin~ President Overson asked the "Appearance Of Fairness Conflict Of Interest" question with Councilman Waibel and President Horning stepping down due to their serving on the Board Of Directors of Kitsap Transit and all other Council members remained seated. M/S/C/U(Colvin/Collins) to approve Ordinance, on first reading, vacating portion of an alley within block bounded by Callow Avenue, Rodgers Street, Wycoff Avenue and Coontz Street. President Horning and Councilman Waibel returned to the Council meeting. 7C - ORDINANCE #4213 (SECOND READING) AMENDING THE CITY OF BREMERTON 1989 BUDGET, #AB89-143 Actions taken by the City during the first months of 1989, together with circumstances not foreseen at the time of preparation of the budget, require certain additions and corrections in order that the budget continues to accurately reflect the financial operating plan of the City. M/S/C(Crutcher/Horton) to pass Ordinance #4213, on second reading, amending Ordinance #4181, relating to the budget of the City of Bremerton for Fiscal Year 1989. Vote: In Favor: Overson, Crutcher, Horton, Horning, Collins, Dawkins, Colvin, Johnson Abstain: Waibel 7D - RESOLUTION #2249, RESIDENTIAL PARKING PERMIT PETITION - MONTGOMERY/FIRST TO FARRAGUT & FIRST, COONTZ, RODGERS/CALLOW TO MONTGOMERY ZONE #28, 2 HOUR LIMIT, #AB89-149 The residents of the above stated area have submitted a petition for residential permit parking. The petition has been signed by a minimum 2/3 residents as required by BMC 21.08. The area has been posted for at least 10 days. Kathleen McCluskey, City Clerk, stated this has also been reviewed by the Engineer Department and they recommended approval of the request based upon its impact by outside parking. Paul Schmitt, Manette, stated he had previously provided Council with pictures showing the parking problems experienced in the subject area. He had hoped that the Parking Ordinance would have passed to help alleviate the problem. He did note that when seeking signatures for the petition he had the opportunity to learn that residents are very much aware of discussion by the Council and do watch the Cable Access programming of Council meetings. M/S/C/U(Waibel/Collins) to approve Resolution #2249, designating a residential parking permit area (Zone #28). 7E - RESOLUTION #2250, RESOLUTION REPEALING RESOLUTION #2014 AND AMENDING RESOLUTION #2247 - RELATING TO ANIMALS LICENSE FEES, #AB89-150 On May 17, 1989, Resolution #2247 was passed setting amounts for dog and cat licensing at the levels listed in the recently repealed animal control ordinance. These fees, however, had previously been revised to higher levels by Resolution #2014 passed in 1984. Resolution #2014 should be repealed and Resolution #2247 should be amended to continue the fees set in Resolution #2014. M/S/C/U(Waibel/Horton) to approve Resolution #2250, amending Resolution #2247 and repealing Resolution #2014. With no further business meeting adjourned at 8:00 p.m. TAPE #643 City Council Reg. Mtg. Minutes May 31, 1989 ~~,,~_~CL~SK~Ey, C~~i~Y Page 12 of 12 KATHLEEN L. MC CLERK APPROV 7er~n HOR il President C' y Of Br cc: Normal Distribution File/Vault