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".
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(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?
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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,
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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.
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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
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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
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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
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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
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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
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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
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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
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#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.
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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
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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.
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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,
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#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
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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
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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
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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.
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With no further business meeting adjourned at 8:03 P.M.
~J~THLEEC~NL~Y, City Clerk
S~ ~ ,~~esident
City of Bremer~
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