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HomeMy WebLinkAbout11/21/95TAPE #1338 UNAPPROVED DRAFT COUNCIL APPROVED DEC 27 1995 CITY COUNCIL MEETING MINUTES NOVEMBER 21, 1995 #0065 #0155 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, November 21, 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 City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Pastor Jim Hill of Neighborhood Christian Center. CONSENT AGENUA A. Minutes -- October 21, 1995 #AB95-256 Resolution No. 2534, SR3/SR304 Bremerton Ferry Terminal To Vicinity of Gorst Highway Improvement Project Regarding Preferred Alternative #AB95-257 Mr. Neville asked that sections A, B and C. of the resolution be read into the record. Kathleen McCluskey, City Clerk, did read into the records the sections identified by Mr. Neville. M/S/C/U (Neville/Colvin) to approve the Consent Agenda as presented. 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/Montgomery) on November 21, 1995, the Council does approve for payment those vouchers included and further described as follows: 189664, 189678 through 189844 in the amount of $829,611.14; and Regular Payroll for the period ending 11/15/95, in the amount of $619,133.44. President Huff-Menees made the following announcement: (1) City Council Executive Session, immediately following tonight's Council meeting, in the City Council Conference Room 209, to discuss "Labor Negotiations". COUNCIL MEMBER REPORTS TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 2 of 10 Mr. Winters thanked the shipyard staff for inviting Council members to welcome the U.S.S. Abraham Lincoln, which he found very interesting and educational. He extended a special "welcome" to all personnel on the Abraham Lincoln. On Saturday, he attended a funeral for Brad Knight, who was a great contributor and an influence and an inspiration to him over the years. He wished everyone a"Happy Thanksgiving". Mr. Colvin expressed his appreciation to his wife Hazel for her chauffeuring him around these days. He also thanked all of the people that have expressed kinds words and concerns, those who sent cards and flowers. He was sorryto have missed the U.S.S. Abraham Lincoln welcoming, and hoped the Ship Commander will visit the City Council. He also wished everyone a very "Happy Thanksgiving". Mr. Dawkins cautioned everyone to drive carefully over the holiday. Mr. Montgomer~ wished everyone a "Happy Thanksgiving" and hoped everyone traveled safely. He became aware that someone was passing out cards the general public, but there was no name on that card identifying the personal responsible. Mr. Law joined the other Council members in welcoming the U.S.S. Abraham Lincoln - Officers and crew members. The District #3 Neighborhood Meeting scheduled for November 21 was canceled due to Council's rescheduling this meeting on the same date. Mr. Farr stated it was good to be back after enjoying some vacation time in Mexico. He thanked everyone, who helped with his campaign, for their support during the election. Mr. Overson wished everyone a happy and safe holiday season. Mrs. Huff-Menees echoed all the holiday best wishes. MAYOR'S REPORT Mayor Hotton reported she and Council President Huff-Menees participated in a tour of the Wastewater Treatment Plant. She was pleased to report the conditions at the plant had come a long way since her last visit to that site approximately two months ago. PUBLIC RECOGNITION Jack Longmate, City of Poulsbo resident, expressed his opposition to the City charging an employment application fee because it places a hardship on people seeking employment. He saw little value to the "waiver of fee" policy because people applying to the City will want to "put their best foot forward" to make the best impression. He questioned the reason behind the City setting such a policy? Or, is it because the City is concerned about the TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 3 of 10 quality of evaluation that is going on in the Human Resources Department? He also believed the fee policy invited the very worst kinds of suspicions. Pastor Jim Hill, Neighborhood Christian Center, welcomed the Captain and crew members aboard the U.S.S. Abraham Lincoln. He also announced his church will be offering a free Thanksgiving Dinner on Wednesday, November 22, 5:30 - 7:30 P.M.. Willy Marquina, Los Andes Imports & Exports, reminded everyone of the Christmas Festival of Music on December 16, along with the Merchant's Treasure Hunt. 7A - APPROVAL OF PROFESSIONAL SERVICES AOREEMENT WITH DAMES & MOORE, INC., FOR WATER SYSTEM EARTHQUAKE VULNERABiLiTy ASSESSMENT, #AR95-258 A professional services agreement has been negotiated with Dames & Moore, Inc., to provide a earthquake vulnerability assessment of Bremerton's Water System. The services will include water system earthquake vulnerability assessment; Casad Dam intake tower evaluation; and Reservoir 4 evaluation, inundation analysis and emergency response plan. Dames & Moore, Inc., was selected from four firms, who submitted proposals and statements of qualifications for this project. Dames & Moore, Inc., is qualified to perform all aspects of this project. The amount of the professional services agreement is $99,563. The action before the City Council is approval of the agreement. Tim Richard, Senior Engineer, explained the scope of work for this project is basically divided into three primary portions of which the majority of work will be on the water System Earthquake Vulnerability Study that will include an analysis and evaluation of the City's transmission and supply portions of the water system including wells, pump stations, reservoirs and transmission mains. They will be evaluating the critical components to keep the system operational after or during an earthquake. The City desires the study in order to provide a reliable water system to City residents after an earthquake. The second portion of the Study is the Casad Dam intake tower, which is a free standing tower located on the back side of the dame where all the surface water comes into the system and is controlled. After the Department Of Ecology's review of Casad Dam, one of the areas they expressed a concern, but not a requirement, was looking at the tower. Failure of the tower will not affect the stability of the dam in any way, but it will affect the City's ability to use it as a water supply source. The consultant will perform a structural seismic analysis of the tower and, if necessary, will provide the City with recommended upgrades and costs associated with that work. The Reservoir #4 portion of the Study includes an inundation analysis and emergency response TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 4 of 10 plan and evaluation of the reservoir, which is the primary reservoir for the City's surface water and is critical in operation of the water system. #0895 Mr. Richard pointed out funding for this proposal is included in the 1995 and 1996 budgets under the Water Resources Division. Public comment - none. Mr. Neville asked for clarification on the two levels of seismic earthquake study? Mr. Riohard explained two types of events will be determined in order to provide more reliability affect from lessor and major type earthquake events. Mr. Dawkins asked if Mr. Richard new of any problems in the water system or was the City's system in good shape? He also asked if this study was a State requirement? Mr. Richard explained the earthquake vulnerability portion of the Study was not State required; however the inundation and emergency response plan is a requirement under the Department Of Ecology. The Utility does not anticipate any major problems, but it is best to be alerted to conditions that can be made more reliable. Mr. Farr asked if the City had explored any possibility of grant funding to provide some financial relief on this proposal? Mr. Richard stated no, he was not aware of any grants available for this type of work. Mr. Overson asked if the proposed contract was part of a bid process? Mr. Richard stated under law they are not allowed to use the bid process for this kind of service. He pointed out the cost of the proposed contract met their budget estimate. Mr. Overson expressed some concern over the salary figures for the individuals conducting the study. He asked if Mr. Richard had seen any results on other projects of this kind? Mr. Richard stated yes, Project Manager Don Valentine, who is one of the highest qualified and most respected in his field. Mr. Overson asked if there were any guarantees? Mr. Richard stated no. Mr. Overson stated he could understand Mr. Valentine's pay rate, but not the three other individuals listed at his same rate per hour. Mr. Richard explained those rates are typical in that line of business. Mr. Law noted that under the hold harmless clause it states the consultants liability is only up to one million dollars. He questioned the value of raising that figure upward and asked Mr. Richard to look into that issue? M/S/C/U(Montgomery/Dawkins) to authorize and direct the Mayor to execute the attached Professional Services Agreement with Dames & TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 5 of 10 Moore, Inc., in the amount of $99,563.00 to provide an Earthquake Vulnerability Assessment of Bremerton's water system. 7B - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC., FOR 36" WATER MAIN (GORST TO RESERVOIR 4), #AB95-259 A professional services agreement has been negotiated with Parametrix, Inc., to provide design completion and construction assistance for the 36" water main from Gorst to Reservoir 4. the services will include permit assistance, completion of plans and construction documents, and construction services. Plans and specifications for this project had been 90% completed by Parametrix, Inc., in 1993, when work on this project was suspended. Therefore, Parametrix, Inc., was selected to complete this project. Parametrix, Inc., is qualified to perform all aspects of this project. The amount of the professional services agreement is $60,192. The action before the City Council is approval of the agreement. Tim Richard, Senior Engineer, explained this project was started a number of years ago by Parametrix Inc., who completed 90% of the design before being issued a stop work on the project in 1993. This professional services agreement is for the completion of the design of that project in preparation of the construction documents and to provide construction assistance to the City during construction of the project. Parametrix Inc., was the logical choice for this work since they had completed the work on the design up to this point. This project will provide a 36 inch water transmission main from Gorst to Reservoir #4. This proposal will increase the water capacity that can be transmitted into the City's system and will also improve reliability of the system. Currently, the City is using an old 24 inch main and an 18 inch main for ground water. The future plan is to use the 24 inch main for ground water and abandon the 18 inch main, which has been somewhat unreliable. The proposal calls for the design to be completed in 1996 with construction anticipated in 1997. There are sufficient funds in the Water capital 1995 and proposed 1996 budget for completion of this work. Public comment - none. Mr. Neville asked if the newly designed pipe will be earthquake proof? Mr. Richard stated generally all of the water mains and transmission mains are about as earthquake proof as possible considering they are made out of ductile iron and as long as they are located on good soil. The only areas they are concerned about seismic stability on transmission mains are bridge crossings and areas of unstable slopes, which is not the case in this instance. Mr. Neville asked the overall length of the project. Mr. Richard explained approximately two miles of 36 inch water main. #1050 TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 6 of 10 Mr. Dawkins pointed out there have been discussion about widening the highway and questioned if the installation of the watermain will be a separate issue or will it be done in conjunction with such a project? Mr. Richard explained at this point in time it would be done prior to that project. The City Engineer is involved with the widening project as well and efforts will be made to not interfere with that project. Public comment - none. M/S/C/U(Montgomery/Colvin) to authorize and direct the Mayor to execute the attached Professional Services Agreement with Parametrix, Inc., in the amount of $60,192.00 to provide design and construction services for the 36" Water Main for Gorst to Reservoir e 8A - ORDINANCE (FIRST READING) AMENDMENT TO CITY BUILDING CODE ADOPTING 1994 EDITIONS OF UNIFORMBUILDING CODESAND STATE BUILDING CODES UNDER B.M.C. CHAPTER 17.04, INCLUDING A 10% FEE INCREASE, #AB95-260 The proposed Ordinance amends BMC Chapter 17.04 to adopt, by reference, 1994 editions of the Uniform Building Codes and State Building Codes. The code as adopted by the State includes a 40% increase in fees. The proposed ordinance adopts a 10% increase in fees. Don Pratt, Director Of Community Development, stated the City's Building Code is the Building Code adopted by the State of Washington. Several years ago, the State decided that all municipalities in Washington State should have a common Building Code and they empowered the State Building Code Council to select and adopt a Building Code. The model that they selected and adopted is the Uniform Building Code, which is prepared by the International Conference Of Building Officials. The City is required to enforce this Uniform Building Code, adopted by the State of Washington; however cities are given the latitude to adopt it locally and if that is done, all local enforcement actions go through the Municipal Court in the City of Bremerton. Additionally, if it is adopted locally, the City is allowed to make some changes as long as they are not substantive technical changes, but would fit the Bremerton community better. This year the State of Washington, in adopting the 1994 UniformBuilding Code replacing the 1991 Building Code, included a rate increase that amounts to 40%. That rate increase is in affect whether or not the City adopts it. The City of Bremerton chose not to enforce it in order to validate that the needs to adopt the Building Code locally. The administration recommends only a 10% increase in fees rather than 40%. The 10% increase roughly equates to cost of living for the past three years. TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 7 of 10 Mr. Pratt pointed out the Code has changed a lot since 1991, and those changes are identified in a 600 page document that has been made available to City Council members and members of the public. In order for the City to maintain local control within the Municipal Court, and in order to amend the fee structure he recommends adoption of the Code as amended. Alex Roos, representing the Puget Rental Owners Association (PROA), expressed his concern that this might be a "done deal" based on the fact Mr. Pratt stated the City has to accept the State Code. What concerned members of PROA, prior to the knowledge that the City must adopt the Code, was that the City would be adopting it by reference without their knowing the recommended changes for the City. When they are asked to comment on a Code or a change, they should know the content of those changes. He also believed the City Council members should be knowledgeable about those changes as well. He did not believe Council would want to adopt something that was not viable to the City of Bremerton. He raised the question "why ask PROA to comment on the Code if there isn't an opportunity to make changes, if they so determine? Mr. Colvin stated it was difficult to refute Mr. Roos's comment and asked Mr. Pratt to comment on that point. Mr. Pratt stated he felt Mr. Roos's comments were not unreasonable, but the City of Bremerton did participate in development of the proposed code. The City had representation at the International Conference Of Building Officials, who was involved in the decision making process and recommended changes in the code prior to its being adopted. He assumed members of the building industry also participated in the International Conference Of Building Officials that led to the recommended changes. There has been a determination by the State of Washington that all municipalities operate under the same code, so that not only the public can be assured of standardization of building techniques, but that builders can be assured of standardization of building techniques. Obviously, if the City of Bremerton changes too much or any of the technical details, we would be changing and deviating from that standardization except for fees, which are a relatively insignificant portion as are some things relating to organization. He also felt that Zoning Codes could work the same way and have a lot to learn from the Building Code. President Huff-Menees also pointed out that Mr. Pratt and his staff brought this issue to Council quite some time ago and there was a very thorough discussion on kinds of changes that would be taking place that would impact the City. Certainly, Council members have not read all 600 pages of the Code, but they did concern themselves with those issue that would impact this kind of decision. Mr. Overson noted the City of Bremerton largely rewrote the Housing TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 8 of 10 Code. Mr. Pratt explained the City adopts its own Housing Code and are not mandated by the State to adopt a State Housing Code. When the City Council met with the Building Official earlier this year, one of the specific questions was "do you recommend any changes for the City" and his response was no. Mr. Overson questioned if he understood correctly that Scott Erickson is the City's acting Building Official? Scott Erickson stated he is the Building Official for signature authority and Building Code related items. Mr. Overson questioned if Mr. Erickson had studied the 600-page document and changes thoroughly and have them committed to memory? Mr. Erickson stated not completely; however, when changes are made to the Code they are not always more restrictive and in this particular case there is a lot of Code language that has changed to make it simpler to understand. The Code has been reformatted to be more consistent with other model codes in the Nation. He believes in the long term the proposed Code will work out better for the City. Mr. Overson asked if Mr. Roos or his group determine that some section of the Code needs alteration relative to the City of Bremerton, can it be altered? Mr. Erickson stated yes, but it is subject to State approval. Mr. Winters asked if the City is required to implement a 40% increase to fees as proposed by the State? Mr. Pratt stated we would be unless the proposed Ordinance is passed amending it. Mr. Winters asked if there would be additional increases up to that 40%? Mr. Pratt stated the question is not one to ask him, but rather the Council and Mayor. He was part of discussions within the administration where they did talk about reviewing a number of City fees next year and not just determine if they are appropriately priced, but whether or not the City is able to recover the cost of reviewing permits covered by the fees. Mr. Winters asked if the new fee schedule would be in affect only until another change would be brought to Council sometime in 19967 Mr. Pratt stated no, it was his understanding that the Administration would like to have discussions in 1996 on a number of fees. Mr. Winters asked where does the revenue generated by the 10% increase go? Mr. Pratt explained that revenue would go into the General Fund, it does not go directly to support redevelopment activities. Mr. Winters asked if 40% fee increases were approved where would that extra revenue go? Mr. Pratt stressed that revenue would go to the General Fund. He anticipates fees in 1996 to reach $250,000, inclusive of the 10% increase. Mayor Hotton stated when they reviewed the fee structure they wanted to make sure the City was not so far out of line with the rest of the County, which was an important factor. Looking at a 40% increase for some of the line items would have put the City in excess of what the County and other jurisdictions are doing in kitsap County. She had discussed with Council which fees they wanted to be more in line of 100% fee rate driven for costs TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 9 of 10 incurred by the City. Council will have the opportunity to look at all City fees and determine which ones they want to subsidize and some they want recovered at 100%. The recommended 10% increase was driven by how the City compared with the other jurisdictions in Kitsap County. Mr. Farr agreed with the proposed 10% fee increase and he believed paramount consideration is that the City stay in line with adjacent communities and Kitsap County. Mr. Montgomer7 stated he attempted to read all 600 pages of the document, but found it a difficult task and if he has a question he will turn to the "experts" for an answer. Mr. Winters asked Mr. Erickson if he would have the Code book with him at times of inspection and did he find that the things that enhance his job to make it more consistent in the approval of Permits in this new provision? Mr. Eriokson stated it has not made much of an impact, but the key thing is to have a good set of plans on site that he can review with the contractor. Most of the document review should be done in the office during the plan review process. When he makes on-the-job inspections there are usually not a lot of questions because generally they were taken care of prior to reaching that point. Mr. Winters stated so the dramatic changes in the code are not really an impact to the City. Mr. Erickson explained there aren't any real significant changes in the Code change that affect the City. Mr. Pratt stated when someone makes a Building Permit application submittal to the Department Of Community Development, they provide fairly detailed drawings that show what they plan to do. A staff person, in the Community Development Department, reviews the plans and using the code book identifies on the plans what meets and does not meet the code and asks for correction to be made so that those documents match the code before the Building Permit is issued. At that point, what they have on the building site is a set of plans only. The inspector's job on the site is to make sure that the project and the ground matches the plans. And, at that point it is hoped that confusion over whether or not the plans meet the code no longer exist. Plans are not approved unless they meet the code. One of his Department's biggest problems is helping people make clean and legible submittals so everyone can read and understand what is being discussed. Mr. Overson called Mr. Roos to the podium. Mr. Roos suggested that an explanation be given at the beginning of the discussion that the City officials have reviewed all the comments and find it agreeable or acceptable to the City so that the public knows that they have reviewed the 1,800 different changes. Secondly, he recommended that Council hold a Study Session on a particular item on the code #1830 TAPE #1338 City Council Reg. Mtg. Minutes November 21, 1995 Page 10 of 10 so those interested could gain more knowledge, which might help pacify people, who had questions on a particular subject. Mr. Montgomery pointed out this issue came before the Council Fiscal and Budget Committee as well as the Council Operations Committee, which are public meetings. While spending some time in the Planning Department observing the permitting process, he can substantiate the comments about the need for people to clean up and submit more readable plans. M/S/C/U(Farr/Colvin) to approve ordinance on first reading, adopting the 1994 editions of the Uniform Building Codes and State Building Codes, and amending Chapter 17.04 of the Bremerton Municipal Code. With no further business meeting adjourned at 6:35 P.M. ~LEEN~~L. Mc~ty Clerk ~ty of Brem~~ KLM/SH-M/me cc: Normal Distribution File/Vault