Loading...
HomeMy WebLinkAbout03/08/95TAPE #1267 UNAPPROVED DRAFT COUNCIL.APPROVED MAR 29 1995 CITY COUNCIL MEETING MINUTES MARCH 8, 1995 #0035 #0058 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 8, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos Montgomery, John Law, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and Acting City Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Councilman A1 Colvin. CONSENT AGENDA A. Minutes of Meeting - February 15, 1995, #AB95-039 B. Minutes Of Meeting - February 22, 1995, #AB95-040 M/S/C/U(Neville/Montgomery) presented. to approve the Consent Agenda as CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Dawkins) on March 8, 1995, the Council does approve for payment those vouchers included and further described as follows: 182715, 182738 through 182937 in the amount of $645,222.92; and Regular Payroll for the period ending February 28, 1995, in the amount of $612,531.88. President Huff-Menees made the following announcements: (1) City Council Executive Session, Wednesday March 15, 4:45 - 5:25 P.M., in the Council Conference Room - Topic "Real Estate Acquisition". (2) City Council Study Session, Wednesday March '22, 1995, 5:00 - 5:25 P.M., in the Council Conference Room - Topic "Fire Department's Fire Boat". TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 2 of 20 (3) Citizens Advisory Committee Meeting on the Wastewater Treatment Plant Odor Control project Update, Monday March 13, 5:30 P.M., at the Public Works Operations Center. COUNCIL MEMBER REPORTS Mr. Law reminded everyone the next District #3 Neighborhood Meeting will be held Tuesday, March 21, 7:00 P.M., at the Senior Center. The program for that meeting will be an "Open Forum" for members of the District. He would like to see the City enact a law to reinforce State law in regards to signs on telephone poles. The kinds of things that are being posted are real eyesores in some areas of the City. He felt there were two things that could be done: (1) remove posters/signs directly off the poles ourselves as one passes by; and (2) consider the people putting up the signs and determine if we, individually, want to support their advertising promotion. He was not as concerned about people putting up garage sale signs and their removing them in a timely manner. The number of telephone poles that are currently being left with tattered paper seem to be increasing and it is very unattractive. Mr. Neville reminded everyone that the Neighborhood Information Network meeting for Council Districts #4, #5 and #6 will be held March 14, 7:00 - 8:30 P.M., followed by a Social Hour - 8:30 to 9:00 P.M., at the Neighborhood Christian Center. MAYOR,S REPORT Mayor Lynn Horton stated in response to Mr. Law's concern about signs on telephone poles, as the City receives complaints or even as she personally sees such notices, the Building Official and the City's Tax and License Inspector are notified, who then contact the people responsible for posting the signs. The City has not been enforcing the removal of garage sale signs, but if it is a blatant use, then it is enforced. Mayor Horton acknowledged a large contingency of people in the audience representing the Filipino-American community and Veterans organization with a concern over a park user fee that was recently levied by the City Council and one of them has to do with Bataan Park. There is a commemoration coming up and the recently passed fee is affecting their celebration. When the City initiated the fees, she did not believe consideration was given to "community events" and excluding them from the park user charge. She was not sure of the appropriate action to be taken either administratively or by Council action. Ian Sievers, Attorney, stated he believed the fees were implemented by passage of a Resolution. Mayor Hotton questioned if she had any Administrative latitude on this issue? TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 3 of 20 Mr. Sievers stated no, any change would have to go back before Council as an amendment to the Resolution, although he felt her approach to enacting the City's sponsorship of the event as a waiver may already be included in that legislation. Mayor Hotton read the following statement into the record regarding the City of Bremerton's appeal of Kitsap County's Comprehensive Plan adoption: "After discussions between the Administration and the City Council, the City of Bremerton has appealed Kitsap County's Comprehensive Plan, which they adopted on December 29, 1994. The County's plan violates State law and is detrimental to the taxpayers and ratepayers within the City of Bremerton. Additionally, although the City has requested collaboration and cooperation from the County, and the City has provided comments on the County's planning process, the plan is not consistent with the City's plan. I wish to emphasize very strongly that the problems with the Kitsap County plan have nothing to do with state bureaucracy interfering with local government, nor do they have anything to do with growth versus no growth. The Kitsap County plan simply fails to follow both the spirit and the letter of the Growth Management Act. The results will deliver a development pattern that will require higher taxes and higher utility rates in the future. The County's adopted plan and Zoning Ordinance do not change the current pattern, which allows small lot development throughout the County. They have not calculated the cost of capital facilities necessary to serve this development nor have they considered the high cost delivering services, both of which Growth Management requires. In order to avoid this higher cost of serving sprawl development, Kitsap County must discontinue current development practices, thereby transferring development pressures to areas of the County, which already have capital facilities and services to serve a growing population in place. I believe that the issues can be resolved locally and that the City's appeal will help initiate local resolution. However, unless the City and the County can adopt a common understanding about the intent and the process of Growth Management Planning, we will not be able to agree. The City believes that the Growth management Act is intended to halt expensive sprawl type development, which is exactly the sort of development which the County seeks to preserve. Costly sprawl development, which fails to utilize developed City facilities violates the intent of the Growth Management Act. In conclusion, what Kitsap County ignores is the fact that all four cities, the two tribal governments, and many community groups, TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 4 of 20 oppose the County's actions. Nobody likes this plan except the County Commissioners and land speculators". Mayor Hotton read the following Proclamations: (i) March 25, 1995 as Congressional Medal Of Honor Recipients Day, accepted by Bob Sauter, representing Veterans organizations. (2) April 3 - 9, 1995 as American Former Prisoner Of War Recognition And Bataan Week, accepted by Bob Sauter, representing Veterans organizations and Mike Elano, representing the Filipino-American community. Mike Elano, President Of the Filipino-American Association of Kitsap County, voiced his concern over the City's Park user fee, particularly for Bataan Park. The Veterans' Coalition and the Filipino-American community for several years have been coordinating the commemoration of the Bataan Day event. They hold this event annually at Bataan Park, which was named in honor of the hundreds of soldiers that unselfishly sacrificed their lives. The Filipino's of Kitsap County are proud that they have a park named after a place that is located in their native country - the Philippines. And, they are truly appreciative of the City of Bremerton for allowing them use the park once a year at no cost. It is hard for him to understand how the City could charge a fee for the use of Bataan Park when the ceremony to take place their on Bataan Day was in honor of those soldiers who lost their lives, former prisoners of war and Medal Of Honor recipients, as well as others who served in the military during past wars. He raised the question...why are they being charged that fee? Mayor Hotton stated when City Council passed the fee increases for the Park and Recreation Department, they were across the board fee increases. They failed to take into consideration there might be some times when we would want to waive the fee, for whatever reason. She felt the issue needed to be brought back to Council at the next City Council meeting. At this point she does not have the authority to change the fee schedule. Bob Sauter stated he believed the City Council could take action at this time that would exempt Veterans organizations and the Filipino-American community, who provide patriotic events in any park within the City limits of Bremerton. He acknowledged that if such groups desired to hold any other kind of event in parks, such as a picnic, they had no problem with the park reservation fee. Mayor Hotton stated it was Council's choice to address Mr. Sauter's proposal at this time, and if they choose not to address it at this time, the issue will be brought back the following week. TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 5 of 20 Mayor Hotton made a special presentation to David Saunders, a Bremerton Community Access Television (BCAT) volunteer, who was named BCAT Volunteer Of The Year. David Baunders expressed his appreciation of the award and that he enjoys working on T.V. productions and with the City Council. President Huff-Menees stated prior to Public Recognition, she wanted to address the Bataan Park fee issue. Mr. Dawkins questioned the number veterans' commemorative events held at Ivy Green Cemetery? Bob Sauter, representing the Veterans organizations, stated it was his understanding that Ivy Green Cemetery was exempt from the park user fee. The Veterans organizations put on a Flag Day presentation on the Boardwalk, and Bataan Day and Ex-prisoners Of War Day ceremony is held in Bataan Park. He was originally going to hold Medal Of Honor Recipients Day ceremony in Bremerton, however, that group wanted it done in Olympia where they are well received. He noted the Veterans organizations hold 4-5 events each year and they do not leave a mess when they vacate the park. In addition, the. Veterans Of Foreign Wars Post have planted trees in Bataan Park in memory of fallen soldiers and were planning to continue that tradition at their next scheduled event. The Filipino-American community have put in many volunteer hours landscaping and maintaining Bataan Park. He reminded the City of the thousands of volunteer hours given in cleaning up Ivy Green Cemetery over the past years, at no cost to the City. He could not understand why they are now being asked to pay a fee for something they are doing that is patriotic for the community. President Huff-Menees stated when Council took action on increasing Parks and Recreation Department fees, it was an oversight with respect to Mr. Sauter's work/ceremony that takes place in Bataan Park. There was no intention to impose a fee or slight any Veterans organizations. She believed the City Council is receptive to readdressing that issue and asked Mayor Horton to have staff draft a waiver statement and place it on the Council Agenda for March 15. Mr. Sauter stated that would be acceptable to his organizations, but a year ago when Mrs. Fitz served as Council President she indicated to them there may be a park user fee and he stated to her at that time "why not exempt Veterans organizations, who put on patriotic events". And, Mrs. Fitz's response to him at that time was "I won't hear of it". Mr. Dawklns stated he remembered that conversation. Mr. Colvin asked the City Attorney if there was a reason why Council could not take action to address waiving the user fee in this instance? Mr. Sievers stated he would like to review the resolution to see if such a waiver was not already addressed. He remembered some discussion regarding Veterans sponsored activities and ways that it could be waived. Secondly, Mr. Sauter suggested a motion that was not in writing and TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 6 of 20 he preferred having time to study such a motion with the Parks Director to see if there would be any ramifications or limitations. If a week is a timely response, he preferred delaying it one week. Mr. Sauter stated in the meantime the Parks Department will not give them permission to use Bataan Park. Mayor Hotton stated she will reserve Bataan Park under her office (Mayor's) for the time being until the issue is taken care of next week. She emphasized Mr. Sauter was correct in that the Parks Department could not afford to pay for the work that is accomplished through volunteer efforts due to the fact the City does not have extensive funding available. The intent of the increased fee structure was to recoup some funds in order to keep the City's park system maintained for the benefit of the public. She emphasized other groups have also asked for waivers, and it is her intent to research the appropriate waiver process that would benefit the whole community. Jodi Wroblewskl, Assistant Parks Director, stated she took note that Mayor Horton has reserved Bataan Park under her name and they will work with her to develop something that is equitable. When the fee increase was proposed, the Parks Department had incurred costs that they were trying to recoup by implementing a $5.00 Park Reservation Fee on the use of City parks. PUBLIC RECOGNITION Andy Austria, member of the Filipino community, gave a brief history of Bataan Park and how the members of the Filipino community were asked to develop a portion of land. In early 1976 what is now known as Bataan Park was just a wooded area. Mayor Glenn Jarstad saw fit to delegate to the Filipino community to develop the land into a park. He feels some injustice if they now have to pay a user fee to use the park for a community function. He believes the suggested "waiver" is just a temporary cure and he would prefer that the Filipino community be given the right to use the park without any kind of charge. Linda King, 774 NE Pinecrest Drive, raised the issue of the City becoming congested and the lack of planning for building in Bremerton. It concerned her that apartment buildings were being built next door to single family residents. She was also concerned that TCI would not listen to requests from the Black community to bring on a Black Entertainment Channel. A petition with 1,000 signatures in support of a Black Entertainment Channel was given to TCI, however, they have not responded in any manner. She also supports having children wear uniforms to school as a way to eliminate the issue of gang colors, the sagging clothing style and focusing more on their getting a good education. President Huff- Menees asked Mrs. King if she had presented her views on "school uniforms" to the Bremerton School District? Mrs. King responded TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 7 of 20 that she had not, but planned to do so in the near future. Ron Hough, Planning Manager, announced a series of public hearings will be held before the City Council, on the update to the City's 20-Year Comprehensive Plan: Maroh 15: Element "A" Introduction to the plan; Element "B" The vision for Bremerton; Element "C" Planning Goals; Element "D" Citizens Involvement Program; Element "J" Environmental Management; Element "K" Implementation/ Consistency/Concurrency; March 22: Element "E" Land Use; Element "F" Transportation; March 29: Element "G" Housing; Element "H" Capital Facilities; Element "I" Utilities; April 5: Final public hearing - comments on all elements - Comprehensive Plan adoption. Don Atkinson, Bremerton Main Street Association, reminded everyone of the Irish Comedy Night on Saturday, March 11, at Park Place Building, and the St. Patrick's Day Parade starting at 11:00 that same day. Mr. Neville asked where could people obtain tickets for the Comedy Night? Mr. Atkinson stated tickets could be obtained by calling the Main Street office. 7A - WARREN AVENUE BASIN C80 REDUCTION PROJECT - CHANGE ORDER #3 WITH PAPE & 8ONS CONSTRUCTION ANDPURCHASE ORDER WITH KITSAP COUNTY SANITARY LANDFILL, #AB95-041 Contaminated soils were encountered during trench excavation for the 48" diameter stormdrain line in the Evergreen Park parking lot area from October 19-27. These soils were not suitable for trench back fill and could not be returned to the trench. The majority of this contaminated soil was stockpiled on site. The contaminated soil was contained and secured by placement of visqueen under and over the piles, construction of a berm around the piles, and placement of temporary fencing. A portion of the material was hauled to the Contractor's waste disposal site before being identified as contaminated soil. Samples were taken from both the stockpiles and the waste disposal site and environmental testing was conducted. The soils were primarily contaminated with heavy oil, although small amounts of other contaminates were detected including asbestos. The soil was determined to be problem waste and the Kitsap County Sanitary Landfill was determined to be the only local site for disposal of this material. An application was submitted to the Bremerton-Kitsap County Health District on November 22, 1994, for disposal of the contaminated soil at the landfill. Additional testing was required by the Health District, which was completed and submitted on January 4, 1995. Approval from the Health District was granted on January 19. To allow the Contractor to continue using the waste disposal site and avoid delay claims, contaminated soil at the waste disposal site was removed and disposed of on January 23-26. However, additional testing was required on the soil stockpiled at the Evergreen Park TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 8 of 20 site. These tests have been completed and forwarded to the Health District for approval. Change Order #3 is for Contractor force account work to load and haul the contaminated soil to the landfill. The estimated cost is $30,000. Actual cost will be based upon the equipment and man hours required at the rates and mark-ups required under the contract. The Purchase Order with Kitsap County Sanitary Landfill will be for $112,000. This assumes that all contaminated soil at the Evergreen Park site will be treated as if asbestos contaminated and disposed of at a rate of $54 per ton instead of $29.95 per ton for non-asbestos contaminated soil. Staff is working with the Health District to reduce the amount of soil that will need to be treated as asbestos contaminated. The total cost for disposal of the contaminated soils is estimated at $142,000. Change Order #1 for $20,190.24 was for miscellaneous force account work typical of underground construction. Change Order #2 was a no cost change order changing most of the pay items from retail sails to public works road construction use tax. The total of these change orders is $162,190.42 or 5.4% of the contract amount. The construction contingency for this project was established at contract award as 15% of the contract amount or $487,745. The total change order amount to date, including Change Order #3, is within the construction contingency established for this project. The action before the City Council is approval of Change Order #3 and a purchase order with Kitsap County Sanitary Landfill. Tim Richard, Senior Engineer/Utilities, stated he would standby for any questions. Public comment - none. Mr. Dawkins asked Mr. Richard if a contingency was included in the project cost? Mr. Richard stated yes, the contingency established for this project was 15%, which is higher than what is normally established, and they did anticipate the possibility of contaminated soils, but they could not anticipate the quantity or type of contamination. Mr. Dawkins asked if anyone anticipated finding more contaminated soil as the project progresses? Mr. Richard stated they did run into some on the north end of Highland Avenue, however, they have contacted Chevron Corporation and they will pay the cost of clean up at that site. He does not anticipate running into additional contaminated soil in other areas. Mr. Farr asked if there was any attempt to determine history of the site to see determined the source of contamination? Mr. Richard stated yes, as part of the application to the Bremerton/Kitsap County Health Department they had to conduct some background TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 9 of 20 investigation. It appears the site was used as a landfill or disposal dump area and there may have also been an incinerator on that site at one time for incineration of garbage. Mr. Farr asked how long the City owned the property? Mr. Richard stated he did not have that information. Mr. Farr stated based on his limited knowledge, he felt the responsibility for contaminated soil could go back quite some time and with a $112,000 cost to clean an area up, he would like to see if some of that cost could be shifted away from the City to a previous owner. Mr. Overson stated he agreed with Mr. Farr and questioned why is the City paying double for disposal of asbestos contaminated soil than what is being charged for non-asbestos contaminated soil since they are handled in the same manner? Mr. Richard stated the landfill has permission from Bremerton/Kitsap Health District to use the non-asbestos contaminated material as cover material over the landfill as they bring it up to the upper level. The asbestos contaminated material must be placed in the landfill and buried such as the process used for normal municipal garbage. Mr. Overson questioned the validity to that point in that they are disposed of at the same place. He felt Kitsap Sanitary Landfill found an opportunity to make themselves some money and that disturbed him and the City was being overcharged. He also believed the landfill could put the asbestos contaminated soils on the top layer of the landfill so long as they bury it by one foot of soil. Mr. Richard stated that is one of the issues the City is trying to work out with the Bremerton/Kitsap County Health Department to see if that soil can be used as upper cover material. Mr. Montgomery asked the number of tons of contaminated soil and how much of it was randomly tested to determine the contamination? Mr. Richard stated the total amount of tonnage removed is approximately 2,200 tons and approximately 30 samples were taken, which showed contamination. There are approximately 2,400 tons of soil that was removed from the trench and all of it was contaminated. Mr. Montgomery asked the degree of contamination? Mr. Richard stated it varied with one sample showing asbestos and the remainder showed levels of heavy oils exceeding the clean up limit. Mr. Montgomery questioned if there was any way to separate out the contaminates? Mr. Richard stated that is the other issue they are working with the Health District to see if there is some way to segregate the area that has asbestos contamination and dispose of it separately to reduce the cost. Mr. Dawkins stated having lived in that area a long time, he questioned if the City had talked with previous City Department Heads as to where the contaminated soil may have originated? He recalled that the soil used as fill dirt in that area came from the TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 10 of 20 #2175 City'S Street Department and wondered if the City had some responsiblity for what was dumped or possibly other entities had used that area as a dumping site. He suggested contacting Tom Swanson, former Public Works Commissioner, to gain some history on that site. Mr. Richard explained the excavation was on the south side of the fire tower, which was some distance from the former municipal swimming pool site and he wasn't sure if the contaminated material extended to the site where the pool was located. Mr. Colvin questioned how far back can the responsiblity be given to prior property owners to cover such damages? Mr. Sievers stated the concept stated by Councilman Farr was correct in that the liability runs back as far as you can prove a good case against either the owner or generator of waste on a particular site. He believed the City needed to finish up the environmental history of the subject site and either identify people who operated the site other than the City or maybe trace particular contaminates to a generator. Mr. Colvin questioned if the City allowed disposal of materials would they be responsible for the site? Mr. S~evers stated yes, however, if the dumping was done prior to the City's ownership then some of that responsiblity could be shifted to that prior owner. Mr. Farr noted the non-asbestos contaminated soils amount to approximately 1,110 tons at $30.00 per ton...$33,000 and he is aware there are other methods of dealing with petroleum product contaminated soils other than disposal at a landfill. He questioned if the City had looked at other disposal methods for a cost comparison. Mr. Richard stated the City did look at the option of running contaminated soils through an incinerator and there is a facility in Tacoma that can do that process. However, the additional cost to truck to soil to Tacoma makes up the difference in cost (about $45.00 per ton to process the soils, leaving only abut a $9.00 difference). Mr. Farr asked if that was the only other method of disposal investigated? Mr. Richard stated yes. Mr. Neville noted he was at the landfill last week on his primary employment disposing of approximately eight tons of materials and the commercial account was charged $54.00 per ton, so it is not out of line that the disposal of the asbestos contaminated materials cost $54.00 per ton since it does have to be buried and the City was getting a good rate for the non-asbestos contaminated soils, which can be used for a upper cover. M/S/C/U(Neville/Colvin) To approve Change Order #3 to the Warren Avenue Basin CSO Reduction Project Contract and Purchase Order #514539 with Kitsap County Sanitary Landfill for disposal of TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 11 of 20 contaminated soils encountered on the Warren Avenue Basin CSO Reduction Project And Authorize the Mayor to executive the same subject to the City Administrative Policies and Procedures; and that steps be taken by City staff to investigate possibility of shifting some of the financial burden to previous owners or previously responsible parties. Mr. Farr asked if the maker and the second on the motion would amend it to include: that steps to be taken by City staff to investigate possibility of shifting some of the financial burden to previous owners or previously responsible parties". Counoilman Neville and Councilman Colvin agreed to Mr. Farr's addition to their original motion. Mr. Overson complimented Mr. Richard on his good presentation on this item. 7B - WERNER ROAD SEWER EXTENSION CONTRACT AWARD, #AB95-045 Bids were opened for the Werner Road Sewer Extension Project on February 27, 1995. A total of eight bids for this project were received (see attached Bid Opening List). The low responsive bidder is Ace Paving Company, Inc., in the amount of $206,227.50 including all retail sales tax. The Engineer's Estimate is $181,017.78 including sales tax. On December 21, 1994, the Council approved a reimbursement agreement with the developer to contribute $80,000 from the Wastewater Capital Fund. These funds were budgeted in the 1995 Wastewater Capital Fund. This agreement has not been signed by the developer. The agreement requires that the developer deposit the balance on the construction funds before award of the contract. The developer has been sent a letter summarizing the costs and requesting they be provided to the City. A summary of the "Bid Tabulation" is included as an exhibit herein. The bid items in this contract are for the sewer extension to serve the new Westinghouse development. This project is presently being granted a permit from Kitsap County Department of Public Works to proceed with work within the county road right-of-way. The action before the City Council is approval of this contract for the construction of the project. Mayor Lynn Horton stated this issue was previously addressed by Council and agreed with the spirit of the intent. The bid award came in higher than anticipated, and she will be bringing forward a budget adjustment to cover the cost and to outline the responsibilities of all parties. Approval of this proposal will TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 12 of 20 #2675 allow the contractor to start the project so that Westinghouse will come close to meeting their target move-in date. She emphasized this project will be annexed into the City and it is also anticipated that other parcels of property along the Werner Road corridor will be annexed at the same time. Bill Schourup, owner/contractor on the Westinghouse building, stated they have been pressing hard to meet a April 15 Westinghouse move-in date and it looks like they can meet that deadline. He appreciates the City's help in getting the sewer line extended. Tim Arnold, Bradley Scott Corporation, stated he has no vested interest in the subject site nor does he represent any specific clients in that area. However, from the aspect of working with the Economic Development Council and looking at the expansion of commercial and industrial lands, this is one of the key areas for that expansion. He sees the expansion of sewers in the subject area gives an important "leg-up" on development and continued development of an already key site. Mayor Horton explained the construction cost will be recouped through latecomers fees and is an area that is highly desired if sewer service can be provided. Mr. Overson noted the recommended company is one that has done a lot of grand work for the City and even though the bid is at $206,227.50 he understands the possibility that the project will come under that amount. M/S/C/U(Colvin/Farr) to approve a contract for $206,227.50 with Ace Paving Company, Inc., for construction of the Werner Road Sewer Extension and authorize the Mayor to execute the same upon receipt of the signed agreement and funds from the developer subject to City Administrative Policies and Procedures. 8A - RESOLUTION NO. 2501 LklD RESOLUTION NO. 2502, REGARDING DEVELOPMENT PERMIT FEES AND BUDGET ADJUSTMENT8 REFLECTING PERMIT FEE ADJUSTMENTS, #AB95-042 The zoning and environmental fees for the City of Bremerton are established by City Council Resolution. They have not been revised since July 1992. This revision accounts for two years cost of living increases. The Building Code fees are based on construction cost and are not proposed for change. In addition to basic fee adjustments, the Administration is proposing a surcharge to finance installation of capital equipment designed to expedite the permit process. Two budget amendments are included to reflect the fee adjustments. TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 13 of 20 David Nelson, Building Official, briefly reviewed the information contained in the summary statement and noted an alternate Resolution for Resolution #2501 was handed out to Council prior to this meeting. The concept behind increasing the fees is to keep some of the cost of providing the services away from the taxpayers and make it a burden to those using that system. The surcharge will provide funding to upgrade the computer that produces permits for the public that keep the City in line with industry standards for issuing, maintaining and monitoring permit activities. They visited with the construction community concerning permit fees, the surcharge fees and they made a motion in their Board Of Director's meeting to not oppose the proposed fees and felt it was a good idea that helps keep that activity at a minimal turn around time. Public comment - none. Mr. Colvin asked what percentage increase was being proposed? Mr. Nelson stated the percent increase for the zoning and environmental fees is 7%. Mr. Law stated when Mr. Nelson discussed this with the Fiscal and Budget Committee he made a commitment to reducing the turn around time for permit issuance. He questioned if Mr. Nelson wanted to make that same commitment at this time? Mr. Nelson stated his intent is 10% reduction of turn around. Mr. Overson pointed out that this item is addressing four separate items and possibly five. The two Resolutions would discuss the fee changes and surcharge and then the Budget Adjustments turn around and spend or use those funds. One Budget Adjustment addresses action to improve service as a pay back to the customers for the funds received. He emphasized Council would have to decide which version of Resolution 2501 they support and pass. Resolution #2501, which was included in their Agenda Packet, would increase on just one time occurrence and alternate Resolution #2501 would increase and the follow on annual CPI increase as we have done with other fees in the City so that it doesn't have to come back and revisited annually. He wasn't sure if the CPI goes down if the fee would be reduced. Don Pratt, Director of Community Development, stated Mr. Overson is correct, the alternate Resolution has an added clause that says the City's zoning and environmental fees shall be adjusted each January to reflect the change in the regional cost of living. It was written that way to allow the fees to be reduced if the cost of living goes down. It was also written vaguely to not refer to a specific Cost Of Living Index and also not to peg it exactly to the cost of living. His intent is to let the Mayor determine which TAPE #1267 City Council Reg. Mtg. Minutes March 8, 1995 Page 14 of 20 TAPE #1268 index is appropriate for the times and the City, and to get us out of raising fees 2.7%. Mr. Colvin questioned how many times has the cost of living gone down? Rich Hanna, City Treasurer, stated he recall none. Mayor Hotton stated although fees are being raised and we've sort of had a time honored tradition in Bremerton that when fee increases are made the money goes into the General Fund and distributed in that fashion. What is being proposed is that the fees generated would go back into the department for capital and additional personnel. She pointed out that is being done based upon Council's own goals and objectives. Throughout Council's retreat most of the items on their listing and as part of their discussions had to do with Planning Department issues. Mr. Neville asked how long would it take, once the equipment is purchased and installed, to get it up and running? Mr. Nelson stated he felt it could be up and running within two weeks. Mr. Neville asked how many people would be trained to' use the equipment? Mr. Nelson stated at the end of one week one person and later on three specific individuals as primary users. He anticipates consolidating their services and getting more centralized permit activity there would upwards to 9-11 people, who would eventually tie into the system, such as Fire Department and Engineering Department, to do permit activity. Mr. Neville asked if this system will tie into Kitsap County? Mr. Nelson explained this system has the capability of tying in with the County, however, his proposed acquisition of equipment did not include that phase. It is his understanding that the Police Department is working on a computer bridge to Kitsap County records and his department may rent the service from them rather than build their own link to the County. Mr. Neville asked who provided the cost estimates for the equipment upgrade? Mr. Nelson stated the cost figures for most of the computer hardware and software was developed by Bill Eley, Information Services Manager. Mr. Farr stated he supports the surcharge proposal with the hopes that it will result in decreased turn around for issuing permits. He personally experienced the City's permit process and was favorably impressed with the staff response. He felt we should also keep open to the fact that there is always room for improvement and improved turn around for permits is one this City can benefit from. He related an incident where a person when to a Building Department with a permit issue in another jurisdiction and experienced a "take a number" approach to customer service. Mr. TAPE #126~ City Council Reg. Mtg. Minutes March 8, 1995 Page 15 of 20 Farr was glad to see that the City of Bremerton was not using that kind of approach to customer service. He also supports increases on an annual basis by CPI because he has seen in the past that due to the fact the City is reluctant to raise rates or due to the fact things go on and are perhaps overlooked, all of a sudden the rates take an unpleasant high jump rather than a gradual increase over a number of years. Mr. Winters stated when Mr. Nelson first brought this proposed before the Operations Committee, he recalled Mr. Nelson's needs for purchases were in the neighborhood of about $14,000. Now, he sees the cost has risen to $22,500. He questioned the large amount set aside for "system upgrade/additional training/contingencies? He does not support a surcharge or an increase, but he is for better productivity and increased attentivehess in the Building Department so that the service to the community is as good as it has been, which has been very good over many years and can be improved within. With this in mind, he questioned how Mr. Nelson came up with the cost of $22,500? Mr. Nelson stated at the time he introduced this concept a month ago to the Council committees, part of the discussion included creating a permit to management area where we could furnish an area for people to review plans, look at Code books and do things in a private setting. He also talked about potential and subsequent years to do some electronic permit filing systems for simple permits. Mr. Winters noted the documentation showed the electronic permit filing and inspection request system would be $1,000. Mr. Nelson stated that is one thing that increased the total beyond the cost of the software and computer hardware for the original network system. The City's current permitting system does now allow for upgrading and what he is looking at in the new equipment is the capability to have the capability of upgrading as changes come on line. To step up to the next system where they would receive the annual upgrades to that system would be part of that system upgrade. Mr. Winters questioned what would be done with the current system if this proposal is approved? Mr. Nelson stated the existing system stays in place and the upgrade will be adding more features that would help them in their work. Mr. Winters asked if the surcharge will go away after three years? Mr. Nelson stated the surcharge is designed to sunset after three years. Mr. Winters questioned the number of permits processed daily? Mr. Nelson stated over the past three years they have averaged over 1,742 permits per year. President Huff-Menees stated one of the things looked at when this issue was brought to committee was the comparison with the County and other municipalities. She supports the surcharge and one of her considerations was the fact that it places the City in mid- range...currently we are below in some areas and above in others, TAPE #126~ City Council Reg. Mtg. Minutes March 8, 1995 Page 16 of 20 #0357 #0422 #0449 but comparatively speaking this puts us in a very comfortable range with respect to fees being charged in other jurisdictions. Mr. Colvin stated he supports the 7% increase, however, he does not support the automatic increase. He emphasized having rates come before Council is not a difficult process. Mr. Overson stated Mr. Colvin's point is worthy of note, however, he pointed out the development of rates require significant staff time when they have to formulate it to bring to Council and he wondered what we task the staff inappropriately when we could knowingly flow with the world, so to speak, and take care of it automatically. He recommended considering the alternate Resolution #2501 as the primary one to consider. He also pointed out that as your review the last four pages of exhibits, this City is significantly below other jurisdictions or at least very competitive with other jurisdictions on these fees. M/S/C(Dawkins/Farr) to approve Resolution No. 2501 (alternate proposal), regarding Land-Use and Environmental permit fees; and Resolution No. 2502, regarding the establishment of a permit surcharge for permit system improvements; and approve Budget Amendments, which includes an automatic annual fee increase. Vote on motion: In Favor: Overson, Neville, Farr, Law, Huff-Menees, Montgomery, Dawkins Motion carried. Opposed: Colvin, Winters M/S/C(Montgomery/Overson) the establishment of a improvements. to approve Resolution #2502, regarding permit surcharge for permit system Vote on Motion: In Favor: Overson, Neville, Farr, Law, Huff-Menees, Montgomery, Dawkins Motion carried. Opposed: Winters Abstain: Colvin M/S/C(Law/Farr) to approve Budget Adjustment - revenues raised from the permit surcharge over the next three years will be used to purchase capital equipment worth $22,500 immediately. Vote on motion: In Favor: Overson, Neville, Farr, Law, Huff-Menees, Montgomery, Dawkins, Colvin TAPE #126~ City Council Reg. Mtg. Minutes March 8, 1995 Page 17 of 20 #0540 Motion carried. Opposed: Winters M/S/C(Farr/Montgomery) to approve Budget Adjustment - Increase zoning fees by 7% ($1,723.00). Assign increased revenue to Building Development Specialist I (Zoning Permit Coordinator) to increase number of hours available. Vote on motion: In Favor: Overson, Neville, Farr, Law, Colvin, Huff-Menees, Montgomery, Dawkins, Motion carried. Opposed: Winters 9A - ORDINANCE #4508 (EMERGENCY READING) AUTHORIZING THE ISSUE OF A $1,250,000 TAXANTICIPATION NOTE, ACCEPTING THE PURCHASE OFFER OF DAIN BOSWORTH, INC., AND DECLARING AN EMERGENCY, ~AB95-043 The proposed ordinance will allow the City to finance it's General Fund cash flow. Temporary cash deficiencies are caused by the timing of property tax receipts within the City's fiscal year. There is not sufficient operating cash within the General Fund to operate throughout the year without some form of external financing. Rich Hanna, City Treasurer, passed out copies of the amended ordinance, and pointed out two changes: 1) The cover sheet now reads "passed March 8, 1995"; and 2) in the middle of section no. 2 on page 2, the interest rate of 5% per annum is now included. He pointed out the exhibits and discussed what they were. Public comment - none. Mr. Colvin asked if this was the same procedure Council goes through every year? Mr. Hanna stated yes. Mr. Dawkins stated the only way to get around this would be to get the tax collective on the first of January. Mr. Hanna stated yes, however one year the City did use an inter-fund loan rather than an external borrowing. This time, it is more cost-effective for the City to borrow eternally. Mr. Dawklns asked if other cities have this problem? Mr. Hanna stated that not all cities do, some are blessed with a stronger tax base and they are able to carry large cash reserves, and they are not compelled to borrow to finance their cash flow. Mr. Law stated there was an alternative, the City.could save money each year until it was able to operate on it's own money. That is a dream, but it would be nice. What is the cost to the City, besides the 5%? Mr. Hanna stated that besides the 5%, there are two expenses. The City pays Mr. George Mack for his services as TAPE #126~ City Council Reg. Mtg. Minutes March 8, 1995 Page 18 of 20 #0806 bond council and also the underwriter, to cover their costs and allow them to make a profit. Mr. Colvin asked what alternatives does the City have? Mr. Hanna explained that there were three: 1) borrow externally; 2) borrow internally; or 3) in the future, accumulate gradually enough surplus cash in the City's General Fund. Mr. Hanna also stated that accumulating enough surplus cash has not happened in the 10 years that he has been with the City. Mr. Law just wanted the public to be aware that there are additional costs above the 5%. Mr. Hanna acknowledged that, but explained that those costs are off-set to some degree by the interest earnings of the substantial amount of cash that will be available most months. As for the additional cost to borrow, the figures of $1,000 for bond printing, $3,500 for bond council, and the underwriting spread of $4,375, for a total of approx. $8,500 were made available. Mr. Law stated then, that the net cost to the City is going to be a little less than 5% when we are all through. Mr. Hanna stated yes, substantially less. M/S/C/U(Montgomery/Colvin) to pass Ordinance No. 4508, on an Emergency Basis, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; providing for the sale of those notes to Dain Bosworth, Inc. of Seattle, Washington; and, because of its urgency, providing that this ordinance shall take effect immediately. 10A - PUBLIC HEARING - 8TREET VACATION AND ORDINANCE (FIRST READING); APPLICANT: RAZORE ENTERPRISES~ LOCATION: 8OUTH SIDE OF 5TH STREET, 30 FEET WEST OF GORST AVENUE, #AR95-044 Razore Enterprises, owner of the Westpark Lanes Bowling Alley, is requesting to vacate a portion of 5th Street where a corner of the building was constructed within the right-of-way. The Planning Commission conducted a public hearing on December 20, 1994, and has recommended approval of this request. The City Council, as the legislative body, must hold a public hearing to consider the Planning Commission's recommendation. Jack Allinqham, planning, stated this area is also the site of the Kitsap Transit bus station. The situation is that the Westpark Bowling Lanes, which has an address of 520 Bruenn Avenue, has a triangular portion of the building which has been constructed out into the right-of-way. The total area being requested to be vacated is approx. 114 square feet. The 5th Street right-of-way is 60 feet, and the City has an adopted minimum design standard for TAPE #126~ City Council Reg. Mtg. Minutes March 8, 1995 Page 19 of 20 #1148 right-of-way width at 50 feet. If this right-of-way is vacated, there will still be adequate right-of-way width to meet the City's minimum design standard. The Planning Commission has recommended approval of this right-of-way vacation, and the engineer reviewed the application and has no objections. Public comment - none. Mr. Overson stated that he did not agree with the Planning Commission's proposal. First, how did we get here to begin with? What are they doing in our street? Mr. A11inghamstated he did not know. His assumption was that the Westpark Bowling Lanes were constructed prior to that area being annexed into the City, or many times construction projects are undertaken without a survey, and the City has no adopted policy or regulations requiring a survey for a building permit. Given the technology we have today, he was not sure we would want to know where our property lines were. However, a survey here has been made, and a corner of the building is in the right-of-way. Mr. Overson stated that now there is more in the right of way. Their "sun visor" or canopy is now in the right-of-way. Are we going to permit that? What are they paying for the use of this property? Mr. Allingham stated the canopy was part of the Kitsap Transit bus transfer facility. It is a covered pedestrian area for bus users, and we permitted them to do that. The assessed value is $3.75/square foot, for a total of $431. The City can charge up to one-half of the assessed value for use of that property, which would be $215.50. Mr. Dawkins gave a brief history of Westpark Lanes, and said when the bowling alley was constructed, it was in the County, then later annexed into the City. It is on the tax rolls, and the City does get money for it. Mr. Colvin clarified that this happened before it was'part of the City, and there is not much that can be done now. M/S/C(Colvin/Law) to approve ordinance on first reading, vacating a portion of Fifth Street adjacent to the West Park Lanes Bowling Alley. Vote On Motion: In Favor: Neville, Farr, Law, Huff-Menees, Montgomery, Dawkins,'Colvin, Winters Abstain: Overson Motion carried. TAPE #126~ City Council Reg. Mtg. Minutes March 8, 1995 Page 20 of 20 With no further business meeting adjourned at 8:03 P.M. ~J~THLEEC~NL~Y, City Clerk S~ ~ ,~~esident City of Bremer~ KLM/SH-M/me cc: Normal Distribution File/Vault