HomeMy WebLinkAbout10/14/87TAPE #489
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
OCTOBER 14, 1987
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
14, 1987, at 5:30 p.m. with Council President Spencer
Homing presiding. Council members present were Hank
Watbel, Mottie Dawkins, Mary Lou Long, C. R. "Tiny"
Collins, Shirley Marry Crutcher, Russ Johnson, A1 Colvin and
Lon Overson Also present were City Attorney Ian Sievers
and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Spencer Horning and Invocation was given
by Councilman A1Colvin.
President Horninu announced that Item 6B had been pulled
from the Agenda and will be heard at a later date.
CONSENT AGENDA
A. Minutes of Meeting held October 7, 1987, #AB87-271
#0038
#0060
M/S/C(Waibel/Dawkins)
presented.
Vote: In Favor:
Abstain:
to approve Consent Agenda as
Dawkins, Crutcher, Waibel, Horning
Collins, Long, Colvin, Johnson
Overson
CLAIM/WARRANTS REGISTER
Vouchers audited and certified by the auditing officer as
required by RCW 42.24.080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing which has been made available to the
Council.
M/S/C(Colvin/Crutcher) on October 14, 1987, the Council does
approve for payment those vouchers included and further
described as follows: Regular Warrants numbering 32102,
32103, and 32109 through 32251 in the total amount of
$138,294.73.
Vote: In Favor: Johnson, Colvin, Collins, Homing,
Waibel, Crut, cher, Dawkins, 0vetson
Abstain: Long
COUNCIL MEMBER REPORT
Mr. Dawkins reported that the Ferry Rider's Coalition had
met with Governor Gardner to discuss Ferry Service and the
proposal under consideration was the one previously vetoed
by the Governor but with a Sunset Clause of six years
included.
Mr. Crutcher described the merits of the Council's two Vice
Presidents and the leadership provided under the Council
Committees. He cited difficulties being experienced in City
of Seattle between the Mayor and City Council and felt that
the City of Bremerton had taken the lead in working
cooperatively with the Mayor and staff.
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Mrs. Long expressed her concern over proper procedures in
requesting bids for City items and services from local
vendors versus those outside the area. Also, she felt that
the ~Bremerton/Seattle Commuters Association should be
recognized for their work in helping to keep and improve
ferry service to Bremerton. Copies of the Association's
newsletter were available from Mrs. Long if anyone wished to
obtain a copy.
Mr. Colvin thanked Mr. Horning and Mrs. Long for their
participating in a recent Sheridan Neighborhood Association
meeting.
Mr. Johnson reported that some Vashon Island residents were
not happy about Passenger only ferry service being added to
their service citing it may attract more people wanting to
live on the Island. Mr. Johnson questioned information
provided by' the County Assessor's Office that valuation in
the City of Bremerton has gone down $48 million and that
people have been receiving reductions in property tax
assessments.
P~BLIC RECOGNITION
GeorGe Allen, 1300 N.E. Dawn Road, expressed hi~ concern
that because of Council's procedures currently used there is
not an opportunity for a citizen to provide input after the
conclusion of the public input time. In some instances he
feels that the public may have additional information after
Council members make statements regarding the subject and/or
ask questions of staff. Also, he questioned recent Council
action relating to the request by Ace Paving for a rock
quarry, citing two RCW's which pertain to mining operations.
Ian Sievers, City Attorney, stated that one of the RCW's
referred to has to do with public nuisance which is
concerned with an unprotected mine or shaft and a procedure
for getting that public nuisance shared; the other has to do
with the State overlay and a permit is required with steps
to insure reclamation is planned and carried out...neither
would prohibit the action taken by the City Council. Mr~
Allen questioned the City's authority other than enforcing
the Zoning Ordinance. Mr. Sievers stated that local
Zoning and land use regulations must be complied with as
well as obtaining State permits.
6A - RESOLUTION 12183 - SOLID WASTE DISPOSAL REQUIREMENT
WAC 173-304 AND DISPOSAL FEE PROPOSAL, #AB87-272
At a recent Council Study Session, Brem-Air presented a
discussion regarding current and future impacts on solid
waste disposal in Kitsap County caused by 1985 action of
Washington State Department of Ecology. The action resulted
in new regulations governing solid waste disposal handling
which were implemented by WAC 173-304 in late 1985.
Brem-Air is proposing a rate increase to facilitate "pass
through" of costs essential for compliance with WAC 175-304.
The fee, identified as a "Disposal Fee" would be added to
individual monthly customer billing. There would be no
change in the basic collection service charge.
Implementation is scheduled for November 1, 1987.
Richard Dunlap, Parametrix Inc., speaking for the
proponent, recapped the issues which were outlined in a
letter from Brem-Air Disposal Inc., dated September 30,
1987. The existing conditions as they pertain to solid
waste management were described, noting that Kitsap County
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and all incorporated municipalitles approved an update to
the County's Comprehensive Solid Waste Management Plan in
1982r The Plan established two regional disposal sites to
service Kitsap County through the mid/late 1990's; it
recommended closure of non-conforming transfer station to
serve South County residents and establish solid waste
management as a County-wide responsibility. Several
million dollars have already been spent to upgrade and meet
the improvement requirements since 1982. Kitsap County,
through their local Kitsap Health District, have undertaken
hazardous waste planning effort and numerous recycling
activities which have been mandated by the State. In 1985
the State of Washington Department of Ecology passed new
regulations governing solid waste disposal (WAC 173-304)
which went into effect late 1985 and would have a far-
reaching and significant impact on solid waste management
in the State. Estimated costs of implementation of these
regulations for residents and businesses of the State of
Washington is in excess of $650,000,000.00. The positive
impact of this legislation is that they will require each
/andfill or disposal site to upgrade operations to become
environmentally safe and good neighbors in their specific
3urisdictions. A negative impact of WAC 172-304 is the
economic impact on residents and businesses. Cost to
implement the requirements in Kitsap County is estimated at
$10,000,000 between now and 1991. That burden will have to
be carried by all of the residents of Kitsap County and
through the original commitment of of 1982 the City of
Bremerton is considered a part of that program. Kitsap
County Sanitary Landfills Inc., along with Kitsap County
have undertaken an investigation and analysis and prepared
documents which provide a basis for understanding what the
specific commitments are in Kitsap County. This information
was culminated in a rate proposal which was presented to
Kitsap County in August 1987 for the purpose of increasing
the cost of disposal at the regional disposal sites. Cost
increase per cubic yard was calculated to be $3.80 - 83.70
and the Kitsap County Board of Commissioners approved a rate
increase on October 12, with the new rates in effect at the
two disposal sites of $7.05 for compacted waste and $6.85
for loose waste. Brem-Air Disposal evaluated the impacts
to the various collection companies, specifically to City of
Bremerton and notified the City, per letter dated September
30, that the rate increase would be 85¢ - 90¢ per month for
the most common type of customer the City has...residential,
single can, once a week pickup. 'Impact anticipated for the
next most common customer - small commercial business or
multi-family dwelling (1~ yard container )indicated cost
would increase for once per week pick up by $7.86. The
current rate for single can user is $7.62/month and with
added 90¢ it comes to $8.52/month. The 1~ yard container
costs is currently $59.28/month and would increase to
867.14/month. A statement showing comparable rates between
City of Bremerton users and those outside the City but
within Kitsap County was submitted to the Council for their
information. Brem-Air's proposal is to pass through
additional costs of disposal directly to the rate payer with
rates being ad3usted with actual costs and that the increase
be added as a Disposal Fee to the existing monthly bill.
This mechanism is proposed because it does not require that
the existing contract between Brem-Air, Inc., and the City
of Bremerton be modified. It maintains the level of service
at each of the customer class en3oy and wo~!d only increase
the costs on the basis of actual disposal fee increases
brought about by these new regulations. The rate increase
being asked of the citizens of Bremerton is the same as that
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being assessed of all customers within the County in
unincorporated areas. The disposal fee includes a 50¢ per
cubic yard user fee that is being imposed by Kitsap County.
The '50¢ per cubic yard is recognized as funding levels to
support all of the solid waste management programs that are
stipulated in the Comprehensive Plan.
Bill KamDs, Attorney representing proponent, outlined how
the County had undertaken an independent study, conducted
by CH2M Hill· to verify information submitted with the rate
increase proposal. The outcome of that study affirmed the
identified costs and justification for the rate increase.
Comparison figures were provided showing cost in the Seattle
area vs lower rates in Kitsap County and stressed the only
way to keep them at a lower rate would be to be able to have
an economical disposal operation. By State Statute,
effective July 1, 1987, landfill operators must comply with
post closure requirements by depositing $5 million in a
trust fund with the County as beneficiary. The Department
of Ecology is preparing guidelines to carry out this
requirement and upon completion the landfill operators will
be bound by them. Mr. KamDs pointed out that Brem-Air has
been a good neighbor within the community, helping the less
fortunate, helping social organizations and voluntarily
agreed to include EEO and Affirmative stipulations in their
contract with the City when requested by the City.
The following individuals spoke in opposition to the rate
increase proposal: Art Anderson, 1712 Ohio; Kate Lacy,
Northlake Way; Jim Adrian, 821 Washington Avenue; Glenn
Vockrodt, 1409 N. Marlo; Elizabeth Buell, 1722 High.
The following concerns wer~ expressed during testimony given
by individuals named above: not enough information
provided, Brem-Air contact with City should be opened for
re-negotiations of other items Price Index in Contract
· ~
should be reviewed to see if it is appropriate and to
exchange it for another if desired; the City service costs
should not be compared with County due to, County not having
mandatory pick up, campaign contributions to all three
County Commissioners and possible influence, inadequate
public notice, additional special clean up periods should be
held, developing a disposal monopoly and this is not
healthy for County, Parametrix Inc., prepared County
Comprehensive Plan...now Mr. Dunlap, of Parametrix is
representing owner of Brem-Air, Inc., need to review
financial statements to see if there is a real need for an
increase, no time limit being set out for collection of
additional charge, leeching of Olympic View Landfill being
processed through City's waste treatment plant and causing
some problems.
George Cvitanlch, Executive Director Washington Waste
Management Association, spoke in favor of the proposal and
in particular the quality of service provided by Brem-Air
Inc., to the citizen of Bremerton. On the issue of
campaign contributions he was distressed that 'this type of
information would be used to try and discredit the
proponent.
Bill Kamps, Attorney· stated, in response to the testimony
given, that to his understanding it was the City who
requested the specific Price Index that is included in the
contract (note: during time of Commissioner form of
government). Mr. Kamps disagreed with Mr. Anderson's
comment that this is a Brem-Air contract question - this is
a Kitsap County landfill issue and the need to pass through
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City Council Reg. Mtg. Minutes
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a cost to the citizens of Kitsap County. As a clarification
of the DOE guidelines mentioned earlier, they are guidelines
for ~andling the trust fund money as it accumulates over the
years. The environmental standards are here and now and
increased operational costs are being incurred. Not
understanding significance of references made to campaign
contributions, Mr. Kamps stated that people who care about
their community do support candidates running for positions
in local government. If additional information is required
to support the rate increase Brem-Air will provide it,
however, CH2M Hill has already studied the issue and has
come out with an affirming position on increased landfill
operation costs. In regard to an additional special clean
up effort during the year, Mr. Lindren would probably
support it if he were asked.
Richard Dunlap, Parametrix Inc., stated that the operations
at both Hansvill Landfill and Olympic View Landfill are
subject to audit by the Washington Utilities and
Transportation Commission's right of affiliated business
interest. This is different than any other type of
auditing - the reason it exists is there is a 1938 statute
which states there must be an arms length associations
between a tariff holder under UTC Franchise and any
affiliated business. All franchised collections routes are
audited by the Utilities and Transportation Commission as
often as rates are changed. There will be a rate request,
similar as that proposed for the City of Bremerton, to all
franchised collections in Kitsap County and that will
trigger an audit and that will occur in 1988. For every
month the rate increase beyond August I was not approved,
the cost increased 6¢ per-cubic yard. That issue will be
the same for the City of Bremerton - for every month beyond
November I that the rate is not approved there will have to
be a necessary increase. The full disclosure costs were not
available for this date but a full outline of all customer
classes in the City of Bremerton and resulting impacts will
be provided within a few days. The rates cited as "pass
through fee" are not subject to any other surcharge or
taxation. The County has not removed its ability to replace
the Hansville Landfill, they have the option to either build
a new landfill or build a transfer station. The
environmental risks of having a second landfill in Kitsap
County are twice the risk of having all of the facilities
located at one location. The dollars to deal with this are
included in the rate increase up to the 1989. Hansvill
Landfill as it exists must close - it canot cost effectively
and environmentally meet the new regulations. Testimony
given stated that adequate notice was not given to the
public - for the past five months information has been given
stating the needs and requirements that must be met by the
operators of the landfill. Mr. Dunlap concluded that the
rates between the City of Bremerton and Kitsap County users
are very comparable once the City's franchise fee tax is
subtracted.
Mr. Collins stated that the State Legislature recently
enacted legislation regarding this subject and he would need
more time to study the issue before he could' make a
decision.
Mr. Johnson expressed concern that the Resolution spoke only
to the single can users and needed additional information
regarding commercial rates.
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#0338
#0850
Mrs. Lonq acknowledged that Brem-Air has been a good
neighbor in the community and appreciates his good service.
She would support and encourage more intense recycling
programs and placing some type o-f responsibility back on the
toxic waste manufacturer and not place the burden of costs
on the single can user. Ms. Long also was concerned with a
~monopoly of services within the community.
Mr. Hornin~ stated for clarification that the proposal
presented is not one to open the City's Contract but to be
added as a supplemental charge. If the City does open the
contract then more study must go into the discussion.
Mr. Johnson requested the City Clerk obtain a copy of
Kitsap County's CH2M Hill study and include in the
resolution an ending date for the surcharge - 12-31-91.
M/S/C/U(Collins/Johnson) to continue this item for no less
than 30 days.
6C - CONTRACT AMENDMENT - AlIA FLEET MAINTENANCE SERVICE,
#AB87-274
Section 3.08(a) of the City's contract with ARA Managed
Logistics Systems for fleet maintenance provides for annual
budget adjustments. Improved management efficiencies have
resulted in decreased operating costs. City staff and ARA
have concluded that the target budget for the year beginning
November 1, 1987, can be reduced by $21,842 to $431,641.00.
All other terms, conditions and performance standards will
remain in effect.
Rich Hanna, City Treasurer,-stated the Operating Departments
as well as Administrative staff have been very satisfied
with the performance of the contractor for the first year
which concludes at the end of October. The rate being
proposed for the second year contract represents a savings
in excess of $20,000.00 over the first year's budget.
Mr. Waibel pointed out that in addition ~o the decrease in
costs, the down time of City equipment has been reduced by
1/3 what had been in the past, the service is better, PM
maintenance has been increased, all of the vehicles are in
better repair than they have in 10 years and all
accomplished for less money.
M/S/C/U(Crutcher/Waibel) to approve Contract 2754 target
budget of $431,641.00 for the year November 1, 1987 through
October 31, 1988.
?A - ORDINANCE (FIRST READING) AMENDING ORDINANCE #1279 -
SEC. 10.20.010 RULES AND REGULATIONS; MARKINGS POLICE CHIEF
AUTHORITY, #AB87-275
Currently the City of Bremerton and the State of Washington
are operating under the guidelines of the Manual in Uniform
Traffic Control Devices (MUTCD) which was developed to
enhance vehicle pedestrian safety throughout' the United
States.
City Ordinance #1279, regarding signs and markings on or
near public thoroughfares is not in keeping with language
found in.the MUTCD.
It is proposed that the ordinance be amended which will
alleviate any confusion as to the signage being utilized by
the City of Bremerton.
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#0959
Ian Sievers, City Attorney, stated it is desired to have the
Ctty's regulatory signs conform to the Uniform Code for
liability purposes and to be consistent state-wide. Also
the City's code reflected that the Police Chief had
authority to install and maintain these devices and the
RCW's require that it be the City Traffic Engineer and City
Engineer.
Mr. Johnson questioned who will regulate time limits for
parking zones throughout the City and does this action put
that responsibility under a single point of contract? Ian
Sievers stated that now is lists the Police Chief and that
responsibility should be in the Engineer's scope of
responsibility. Now the Traffic Division of the Police
Department make recommendation for placement of limiting
signage and the City Engineer would have final authority on
the decision. Ian Sievers reported that an Agenda item
will come before the Council setting up a Traffic Safety
Commission which is an interdepartmental discipline which
will make recommendations on traffic flow and traffic
devices to the Engineering Department. This Commission will
incorporate Planning Department, City Attorney, Risk
Manager, Traffic in Police Department and City Engineer's
office.
M/S/C/U(Colvin/Crutcher) to approve Ordinance on first
reading amending Ordinance #1279, S.1 regarding signs and
markings on or near public thoroughfares.
?B - ORDINANCE (FIRST READING) ESTABLISHING NEW PROCEDURES
FOR TERMINATION OF WATER SERVICE AND REPEALING B.M.C.
SECTION 15.04.184, 15.04.188 AND 15.04.410, ~ABSY,2&I
This ordinance would establish first the City Water
Department's authority to terminate a customer's water
service; and second, new procedures for water termination.
The major difference between the proposed and the current
ordinance is that the latter does not provide procedures for
appeal of water utility decisions. Under the new ordinance,
the Utiltty's decision may be appealed to Bremerton
Municipal Court and then Kitsap Superior Court. However,
Municipal Court may assign the appeal to the Office of the
Hearing Examiner. The City Council would hear no appeals
relating to termination of water service. This ordinance
would affect current B.M.C. Sections 15.04.184, 15.04.188'
and 15.04.410.
Ms. McCluskeV, City Clerk, stated that the Court
Administrator, Kathleen Johnston, had concern regarding the
jurisdictional authority to hear these matters and it was
to be researched by the Municipal Judge. Ian Sievers, City
Attorney, stated that it was determined that the question
regarding jurisdiction was clarified and that they could
hear this type of item. Ian Sievers stated for correction
a statement made on the Agenda Bill, noting the next to last
sentence which read: "The City Council would hear no
appeals relating to termination of water service", - as
procedures stand presently, a second appeal can be brought
to the City Council. Mr. Sievers indicated his support of
the Hearing Examiner process, however, he also felt that a
less costly method to hear appeals, which did not usually
involve large sums of money, would be feasible through the
Municipal Court system.
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Bill Duff¥, Utilities Director, stated that the intent was
to try and set up a mechanism that was both efficient and
affordable to the general public.
Sue Motcan, 327 S. Charlott, questioned whether or not this
would overload the Court, and if the decision was found in
favor of the person appealing, who pays the charges, what is
the filing fee and would they be required to have an
attorney present. Ian Sievers stated the Court would not be
over burdened, citing only one or two cases to be heard per
month and there is no need for an attorney to be present -
they are informal with no strict rules of evidence and a
Judge is not required to hear the appeals as the Court
Commissioners can serve in this capacity. The filing fee is
$25.00 regardless who hears the appeal, Municipal Court or
Hearings Examiner and in the event the appeal is upheld, the
fee will be refunded.
Pat Cater, Sheridan Neighborhood Association, asked if this
ordinance is passed will this mean a Hearing Officer will be
hired. Mr. Waibel stated that the City already has a
Hearing Officer under contract.
Hank Clark, 129 Sheridan Rd., expressed his concern that the
issue as presented was somewhat confusing. He could not
understand how a Judge would get involved in disagreements
over water bills and did the City have a paid employee who
served as Hearing Examiner? Mr. Horninc explained the City
did have a Hearing Examiner and that the Court Administrator
of the Municipal Court hear the appeals, not the Municipal
Judge. Ian Slavers explained that presently there is no
administrative appeal process through the City and the
recourse for an appeals is through District Court or Small
Claims Court. Under any appeals process the first step
required is to try and work out the problem with the
Department and if that is not successful then an appeal can
be made, if this process by filing an appeal with the City
Clerk and having the appeal heard within S0 days.
Mr. Johnson expressed an opinion that no matter what type
of appeal process is used, the citizen has the right to
address the elected official. At the present the individual
with a problem goes from the Department Head to Assistant
Department Head to Superior Court. Also, there is concern
about adding additional responsibilities to the Municipal
Court to justify their continued function.
Mr. Colvin stated that citizens should have the right to
come before the Council at no cost to make their appeal.
Mr. Collins pointed out that Council is a Legislative body
just as Congress of the United States and the Congress does
not hear court cases - nor should the Council. However, the
Council can designate someone else or should be referred to
the Mayor for resolution.
Mrs Lonc supported a "chain of command" which included the
Department, Mayor and then City Council, to act as the
appeals process and eliminate a costly fee to the person
appealing.
Mr. Crutcher pointed out that Council Committees are
available, along with staff, to hear any problems or
concerns and that this system of communication can and
should be utilized.
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#2117
Mr. Waibel asked how long does it take to hear a water
dispute in an appeals process? Ian Sievers stated about 10
minutes depending on how technical a problem.
Mr. Dawkins questioned how many complaints per month are
-processed. Bill DuffV stated that there are about 250
delinquent accounts per month and that 99% of them are
resolved before water is shut off and 15-20 per month that
require additional research. The only thing that is
required is that the customer submit their request in
writing. Of those 15-20, one customer may be turned down.
Two full-time staff members are needed to handle the
billings.
Mr. Johnson expressed concern that this is setting a
precedent - this is the first administrative appeal being
directed to the Municipal Court and possibly within five
years, if precedent is set now, next will come business
license, sauna parlor, etc., and then the case load would
increase and bring about requests to increase size of the
Court. Ian Sievers stated that he had thought of
utilizing Municipal Court for business license appeals in
addition to the water issues, but that other appeals boards
are necessary to hear issues on building and fire safety,
etc. Mr. Johnson questioned Court Administrators having the
proper skills to hear water bill issues.
M/S/C( Overson/Collins)To approve Ordinance on first reading
establishing new procedures for termination of water
services and repealing B.M.C. 15.04 i84, 15.04.188 and
15.04.410 -
Vote: In Favor:
Overson, Dawkins, Crutcher, Waibel
Homing, Collins
Oppose:
Long, Colvin, Johnson
7C - ORDINANCE (FIRST ~ING) ANNEXING UTILITY OWNED
LANDS - ANDERSON CREME, GOLD MOIINTAIN GOLF COURSE AND
ADJACENT PROPERTIES, #AB87-2&4
In order to annex properties, the City Council must adopt
the implementing ordinance.
Ian Sievers, City Attorney, stated this is a re-first
reading With a reduced area of annexation based on the
original intent of the department in requesting annexation
of Utility properties - the Utility excluded a portion of
land that was involved in a land trade with McCormick Inc.
Mr. Sievers explained that Council would not be going
through the 10~ and 75% petition process because once
Council accepted 3urisdiction through the 75~ petition names
can not be removed from previous petitions. State law does
allow Council to adopt less than the proposed annexation in
the petitions.
Ken Hu~hes, annexation staff, stated his support of the
first reading of the ordinance, noting that there was a
property exchange and removal of 160 acres was important to
accomplish that action.
Sue Morgan, 327 S. Charlotte', questioned if the portion of
land to be excluded was the same piece of property that was
just annexed into the City. Ian Sievers stated that the
City approved on first reading annexing of properties that
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#2865
did include a piece of property that is being exchanged with
McCormick Inc., however annexation has not be completed and
this proposal excludes the exchanged piece of property from
the Annexation process.
M/S/C(Collins/Colvin) to approve ordinance on first reading,
providing for annexation of certain territory to the City of
Bremerton and incorporation the same within the corporate
limits.
Vote:
In Favor:
Oppose:
Overson, Dawkins, Crutcher, Waibel
Homing, Colvin, Johnson, Collins
Long
7D - ORDINANCE (FIRST READING) AMENDING THE BLDG. & FIRE
SAFETY CODE; REPEALING ORD. #4087; AND READOPTING AND
AMENDING SECTIONS OF ORDINANCE #3966, #AB87-276
This ordinance repeals Ord. #4087 and re-adopts provisions
of the former Building and Fire Safety Code enacted by Ord.
3966. As outlined below, some amendments incorporate
changes made in Ord. 4087, some changes in that ordinance
are not continued, and some sections common to both 3966 and
4087 are stricken due to restrictions placed on local
jurisdiction authority to deviate from the State Bldg. Code.
In addition, Appendix Chapter I, Division I to both the
Building and Fire Codes which had been passed in both 3966
and 4087 is amended for policy reasons.
Ms. McCluskeV, City Clerk, pointed out a correction in
ordinance, which should read... Section 10. Window awnings
supported by an exterior wall of Group ~, Division 3, and
Group M Occupancies when projecting not more than 54 inches.
President Hornin~ questioned if he should step down due to a
possible appearance of fairness. Ian Sievers, City
Attorney, stated that because it is a legislative decision
and not on a particular piece of property that there is no
appearance of fairness/conflict of interest.
Richard Muma, Building Official, stated the reasons
recommended changes are being proposed is not to change the
intent of Ordinance 4087 which was adopted by Council, but
to clarify some of the sections, remove some of the existing
language in the ordinance, create some consistency between
the City's and County's codes and comply with some State
regulations. The first item proposed is to re-adopt.of 1985
codes as mentioned in Ordinance #4087 and to implement them
verbatim. (2) Chanaes administration of Appendix, Chapter
70, Excavation and Grading from the EnGineer to the Building
Official. The Engineering Department will review all plans
but the Building Official will be the permit authority. (S)
Substantive changes to ventilation, foundation requirement
of UBC are stricken... currently are not in compliance with
State law, the State requires that the Building Code not be
amended without approval of the State Building Council for
codes that address i to 4 dwelling units. (4) Permit fee
exemptions for small storage buildinG, fences under 6',
certain repair work valued at less than $5.00.00 installation
of flooring, permits for identical buildings - also
presently not in compliance with State law~ and action is
desired to reinstate these exemptions. (5) Sprinkler
reauirements for Group R occupancies is added i this is
~opied verbatim from Ordinance 4086 and re-adopt without any
change. (6) Appendix - I, 1 Life Safety ReGuirement for
Existing BuildinGs is amended to re---define the purpose
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October 14, 1987
Page 11 of 14
APE #491
intended in providing minimal improvement for standard
buildings. The appendix is not to be applied to all
existing buildings, but only those which are determined to
be a~ hazard to life or property in some respect. This is
the same power to correct given the Fire Marshal in UFC
1.103. Compliance schedules for all existing buildings
which is impossible to enforce with limited staff.
Ordinance 4087 added various nuisance enforcement powers not
related to structures. This regulations shall be re-adopted
under Title 9. This proposal designates the Building
Official and the Fire Marshal choose which buildings need
attention and they then set a time
schedule depending on the severity of the problem. Also,
this amendment will be made in the Uniformed Fire Code (7).
(8) No chanqe in the Uniform Plumbinq Code - to be adopted
as written. (8) A chapter requlating political siqns is
retained from Ordinance 4087 and is in the Sign Code adopted
by the City - Administration does not feel this is an
appropriate area for this political sign ordinance.
Building Department should deal with issues of clearance,
construction of a sign, height of sign, area and design but
not the location and type of sign. (9) Dangerous Buildin~
Code - it is desired to adopt this code as it is written
with some changes, to include certain areas of RCW that
would address the way liens are placed against properties.
Mr. Muma stated that Ordinance #4087 is a 51 page document
which only represents only amendments to the Codes that have
been adopted the proposal before Council, condensed into an
8 page document, that still performs the same function but
allows a more efficient enforcement process. Staff
recommends adopt as presented except for the removal of the
Political Sign section.
Andrew ParVpa, 1122 Hayward, stated for clarification
that the proposed changes would allow installation of a
fence not over 8' without a variance .... question - from what
would one measure from? Richard Muma stated that the
Building Code Ordinance addresses the structure of the fence
and wind shear capabilities. There is a statement in the
Ordinance which states: "that this shall not exempt other
requirements of any other provisions of the Code or other
laws or ordinances of this jurisdiction". So, the Zoning or
other requirements still comply. Mr. ParVpa cited the 8'
hedge at 11th and Perry, thought trimmed it did block
vision, does this proposal allow this property owner to
build a 8' solid fence without.a variance. Mr. Horninc
stated for' clarification that the individual would have to
obtain a permit, however, there would be no fee. Mr. Pratt,
Planning Director, stated that a building permit would not
be required but it cannot be built under the Zoning
Ordinance and would be up to the Zoning enforcement to take
any action. Mr. Muma stated that what is trying amend the
Uniform Building Code by deleting this section and it cannot
be amended without the State Building Code Council's
approval - this section is now in the Building Code and it
would require them approving the City's amendment before the
City could adopt it.
Elizabeth Buell, 1722 High, questioned by her neighbor could
have a hedge that is 9 ft., when she cannot have a fence 9
ft.? Don Pratt stated the current Zoning Ordinance
defines a fence adequately and is probably an
interpretation whether the hedge functions as a fence or as
a tree or vegetation and he was not sure if the new proposed
Zoning Ordinance addressed this issue. Since a hedge is not
a structure it is not covered by the Building Code. Mrs.
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Page 12 of 14
Buell asked what could be done with the hedge which is
hanging over the sidewalk and her property. Mrs. Long
suggested that Mrs. Buell speak with Mr. Pratt as the City
can do something about a hedge blocking sidewalks.
George Allen, 1300 NE Dawn Rd., supports adoption of Codes
just like they are written, however, he foresees problems
with the Planning Department and Planning Commissioners over
definitions.
Mr. Horning requested an explanation of the Sprinkler
Requirement section. Mr. Muma stated staff is recommending
re-adopting 6(h): "Group R, Division I Occupancies. An
automatic sprinkler system shall be installed in Group R,
Division 1 of Occupancies of 10,000 or more square feet or
having five or more dwelling units". What this means is an
apartment house or motel that is in excess of 10,000 square
feet or has more than 5 dwelling units will be required to
have an automatic sprinkler system installed. Mr. Homing
questioned if that requirement was presently in force and
how long ago? Mr. Muma stated yes approximately a year
ago.
Mr. Collins reported that the Council Operations Committee
had reviewed this proposal and recommends a do pass on this
item.
Mrs. Lona stated she agrees with the Planning Department
that Section9 relating to Political Signs does not belong
in the Ordinance.
Mr. Johnson expressed conceTns relating to the fixing up of
older buildings in Bremerton and in the past the Council
has taken a strong position to support legislation in order
for them to be improved .... is the City now backing off on
this commitment? Mr.Muma stated no, in fact the Ordinance
as written now states that the owner has a period of three
years to correct any problems in a building as amended in
Ordinance #4087. The proposed change allows a schedule
that meets the Building Official requirements which could be
a shorter period of time for compliance, so that the City
can become tougher if desired. Mr. Johnson questioned if
the three year period would apply in addition to the
suggested amendment? Mr. Muma stated that the three year
period would not apply. Mr. Johnson raised question - how
much fixing up has been done? ME. Muma stated none to his
knowledge, however, there are other Code sections which
allow taking very rapid action if desired. The Dangerous
Building Code will address unsafe buildings, the Housing
Code will address buildings of not sufficient stature for
dwellings and the Nuisance Code will address areas not
maintained well. If it is determined that there is a life
threatening situation in any buildings the City can demand
that they be correct within 60 days. Don Pratt stated
building enforcement comes under the Planning Director's
administrative responsibility and the stimulus for making
the massive changes was the frustrations felt by Mr. Muma
and himself at not being able to use the existing ordinance
to bring abatements and enforcement to fruition. A drastic
change from current practice is that Mr. Muma will be
empowered to write citations Just as a Police Office is to
write traffic violations. Previously the issue had to be
handled by the City Attorney and then wait for a court
docket. Mr. Johnson supported continuing the three year
period unless directed to take action sooner in the
ordinance. Mr. Muma stated he did not object to the concept
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City Council Reg. Mtg. Minutes
October 14, 1987
Page lS of 14
but did object to the mandate that all buildings shall
comply and they are concerned they do not have the resources
to iDventory all the buildings in the City and tell every
property owner that they will comply within a three year
period. If it is included in the code it is leaving the
City open to liability because the Code is mandating that
these buildings must all comply.
#0828
Mr. Hornina, Mrs. Long and Mr. Overson supported delaying
any action until further study of this issue can be made.
M/S/C(Waibel/Colvin) to approve ordinance, on first reading,
revising the Building and Fire Safety Code, B.M.C. Chapter
17.04, by adopting 1985 editions of uniform construction
codes and modifying administrative provisions of the code,
except for Section 17.04.205.
#0913
7E - ORDINANCE #4124 (SECOND READING) AMENDING ORDINANCE
#4052 TO INCREASE TAXICAB 'FLAG DROP" FEE, #AB87-268
M/S/C/U(ColvAn/Long) to approve Ordinance #4124 amending
Ordinance #4052, S3, to increase the permissible taxicab
"flag drop" fee from $1.00 to $1.50.
#0942
?F - ORDINANCE #4125 (SECOND' READING) CHANGE IN LAND USE
RESTRICTIONS (CLUR) TO ORDINANCE #38?5, (RZ-17-86),
APPLICANT: TON & LINDA BARRETT/PENINSULA DAIRY QUEEN, INC.,
#AB87-270
M/S/C/U(Waibel/Long) to approve Ordinance #4125 repealing
subsection I - Conditions #6.f.l(a) and 6.f.1(c) of Section
i of Ordinance No. 3875 amending Ordinance No. 3682,
previously amended by Ordinance No. 4096, relating to
conditions imposed on the rezone located at 5000 Kitsap Way.
7G - ORDINANCE (FIRST RMADINGJRELATING .TO SCHEDULING OF
REGULAR MEETINGS OF THE CITY COUNCIL AND AMENDING MUNICIPAL
CODE 2.04,010, #AB87-2YY
Ian Stevers, City Attorney, stated that the present
ordinance requires that the regular meeting if it falls on a
legal holiday or election day will be rescheduled for the
first business day following. Council has indicated that it
would be more convenient for their scheduling and Council
Agenda packet deadlines to have flexibility to set that
before the regular meeting if it falls on a holiday or
election day. The change allows flexibility to schedule
meetings any time during that week and following procedures
used for "Special Meetings" Mr. Hornin~ questioned if this
would bring Council in to conformity with the City Charter?
Mr. Sievers stated yes.
Sue Moraan, 327 S. Charlotte, questioned if there would
appropriate notice given of meeting date changes and is
there a time limit for the notices? Ian Sievere stated
that it is set by State law - 24 hours prior notice.
Mr. Johnson suggested that the ordinance be changed to allow
Councll to change meeting dates for reasons other than just
holidays and Election Day. ~ .e'~----ers~J~L~/suggested
inserting the wording "or is requested by a majority of
Council" after the word "held" and remove the work "or"
after the word "holiday".
TAPE #491
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October 14, 1987
Page 14 of 14
#1118
M/S/C/U(Dawkins/Waibel) to approve ordinance on first
reading, relating to scheduling of regular meetings of the
City Council and amending Municipal Code 2.04.010.
Vote: In Favor:
Overson, Dawkins, Crutcher, Waibel
Homing, Collins, Long, Johnson
Oppose: Colvin
With no further business meeting adjourned at 9:22 p.m.
EATHLEEN L. MCCLUSKEY, CIT~
CLERK
iAEPOPPRO D err ' President
KLM/SH/me
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