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HomeMy WebLinkAbout04/15/98 TAPE #1538 CITY COUCIL MEETING MINUTES April 15, 1998 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 April 15, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were Assistant City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Talmage Wilson of Charleston Baptist Church. President Farr made the following announcements: (1) City Council Study Session 5:00- 5:30 P.M., to discuss General Council business. (2) The City Council held a 15-minute Executive Session 5:15 - 5:30 P.M., in the Council Conference Room to discuss "personnel". (3) Immediately following the City Council meeting the City Council will hold a 20- Minute Executive Session to discuss "Real Estate" (4) The City Council will hold a Study Session on April 22, 1998, 5:05 - 5;25 P.M., the Council Conference Room. Topic of discussion: "Workforce Diversity Plan". CONSENT AGENDA A. Minutes of Meeting - April 1, 1998 #AB98-075 B. Minutes of Meeting - April 8, 1998 #AB98-076 #0055 M/S/C/U(McConnell/Montgomery) Motion 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 TAP E #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 2 of 10 #0076 MISICIU(Montgomery/Arends) On April 15, 1998, the Council does approve for payment those vouchers included and further described as follows: 218688, and 218715 through 218905 in the amount of $641,895.86. COUNCIL MEMBER REPORTS Mrs. Arends reported the joint Districts #6, #7, #8 Neighborhood Meeting held on April 14, 1998, was well attended. A special "Thank You" was extended to Terrie Olson, Animal Control Officer, and Assistant Police Chief Henry Mincey for their presentations and responding to lots of questions generated by those in attendance. Mr. Shepherd reminded everyone of the variety of clean-up events scheduled for April 18, 1998, i.e. First Street Dock, Lions Field and volunteers from District #5 will meet at the Chester Arms Apartments. He also announced the Dr. Martin Luther King, Jr., Library Improvement Fund will hold a fund raising Spaghetti Feed at 1201 Park Avenue on April 25, 1998, 12:00 - 3:00 P.M. Cost of the dinner is $5.00-adults and $2.50-children. He reminded the public that over the next couple of months the City would be removing trees and conducting construction activities in Evergreen Park, which will result in playground equipment upgrades, new restrooms and replanting of trees. During his visit to Tampa, Florida last week, the Tampa City Council welcomed him and he had the opportunity to learn how they handle their city's business. Ironically, on the day he arrived in Tampa, the Tampa City Council was giving direction to their staff to produce a City ordinance allowing parking on residential properties. Mr. Law announced the next District #3 Neighborhood Meeting will be held on April 21, 1998, 7:00 P.M., at the Senior Center. The guest speaker at that meeting will be the principal architect, Alex Young, for the new Manette Bridge. He encouraged the public to take advantage of this opportunity to give their input on the design of the new bridge. He emphasized District #3 meetings are open to all Bremerton residents. Mr. McConnell announced District #2 will hold a Neighborhood Meeting on April 30, 1998, 6:00 P.M., at Fire Station #3 located on #.31st Street and Olympus Drive. The guest speaker for that meeting will be Mayor Lynn Horton. Mr. Farr extended his thanks to the presenters and those in attendance at the joint District #6, #7 and #8 Neighborhood Meeting. As Assistant Police Chief Henry Mincey answered questions at that meeting, he stirred up considerable interest in other areas of the judicial system. As a result, Municipal Court Judge James Docter has agreed to participate in the next joint District meeting. He was also looking into the possibility of having Kitsap County Prosecutor Russ Hauge at that same meeting. The time and date of that meeting will be announced at a later date. In response to comments and suggestions by citizens, Council will TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 3 of 10 start a new procedure next week where questions posed by the public during Public Recognition will be reported on by Council's Legislative Assistant Meallynn Erhart, at the end of Public Recognition portion. He thanked Susan Brown for her comments on initiating this kind of follow-up response to citizens' questions. MAYOR'S REPORT Mayor Lynn Horton announced the City is seeking volunteers to help with the annual Children's Art Festival on May 9, 1998, 10:00 A.M. - 2:00 P.M., at Olympic College. Information on this event can be obtained by calling Charlene Burnette or Cynthia Engelgau of the Parks Department 478-5305. Mayor Horton expressed sincere thanks to Tim Richard, Sr. Engineer, who is leaving the City of Bremerton to take a promotional position in Lewiston, Idaho. She, all the Department Heads, and the City Council have appreciated Mr. Richard's efforts on behalf of the City and he will be sorely missed. She extended "best wishes" for his new endeavors. Mayor Horton administered the OATH of Office to Fire Chief AI Duke and Firefighters Troy Reynolds, and James Hendryx. Fire Chief AI Duke thanked Mayor Horton and City staff, the City Council, Fire Department staff and his family for their support, which is deeply appreciated. Mayor Horton extended congratulations to newly sworn-in Fire Department personnel and thanked them for their service to the community. President Farr extended his congratulations to Fire Chief Duke and the two new Firefighters. He agreed with Mayor Horton that the City would feel the loss of Tim Richard. He particularly acknowledged Mr. Richard's ability to remain calm and maintain a professional attitude during the many presentations he made before the City Council. PUBLIC RECOGNITION Paul Scheyer, Bremerton resident, pointed out there was suppose to be a Declaration of Non-significance hearing as part of this Council meeting, but was apparently pulled. Therefore, he wished to comment on that issue considering the City is the violator of the SEPA rules. President Fan' stated for clarification that the item was not "pulled" from the Agenda, it was never made a part of it. Mr. Scheyer stated the City sent out notices announcing the hearing date. President Farr asked the City Attorney whether or not hearing something at this time would cause the Council not to be seated during a public headng on this particular issue. Glenna Malanca stated she believed Mr. Scheyer's comments would be more appropriate at the public heedng. Mr. Scheyer stated he believes it is good to plan ahead as to the kind of meeting when the issue does come before the Council. He believes the Madrona Point Drive residents that have been clashing before will unit and take on the City for violation of the SEPA TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 4 of 10 rule. He feels strongly that the City has a big liability in this area. When this issue is before the City Council he wanted to make sure that the public would get an equal opportunity to speak as the Director of Community Development would be granted. He also wanted to know if there would be an "Appeal" process automatically for a "Closed Record Hearing". He submitted a letter to the City Council through Council's Legislative Assistant, and asked that it be read at the hearing. Because of that submittal, he believes he should have status on the Closed Record Hearing. President Farr assured Mr. Scheyer that the procedure would be cleady identified for those participating. The City Council has tried to be fair; however, usually those on one side or the other of an issue are not pleased with the process. Teresa Finlay, Citizens for Safe Water, reed a news release announcing Citizens for Clean Water were leading an initiative drive against fluoddation in the City of Santa Cruz, California. Ramona Hopkins, Citizens for Safe Water, read five questions that were asked the Santa Cruz City Council regarding implementation of fluoridation. Paul Drnievic, Citizens for Safe Water, proceeded to read into the record a letter he wrote to Mayor Lynn Horton. President Farr interrupted Mr. Drnjevic and referenced Council's Policies and Procedural Manual Rule 9(3): "....Letters addressed to City officials will not be read in Public Recognition." He stressed the importance for the City Official to be given time to address a letter prior to its being made public. Mr. Drnievic questioned the reasoning for that rule. President Farr emphasized Coundl's rules apply to everyone and he would not carry on a public debate over the long-standing Council rules. Mr. Drnievic submitted copies of the letter for each Council member and the Legislative Assistant. Tom McDonald, Quality Tire located at 4th Street and Warren Avenue, reported for eleven years he has furnished a restroom for parade participants. He is anticipating moving his business to 5th and Naval in the near future and suggested that someone address the lack of "restroom" facilities for parade participants. He also reported as a tire business he will dispose of old tires at a cost of $1.00 each, if they are dropped off at his place of business. President Farr thanked Mr. McDonald for allowing members of the public to use his facilities. Gordy Byrd passed onto Councilmen Carlos Montgomery and Wayne Olsen the fact that several people, over the past few weeks, have complemented them on the good job they are doing as Council members. TAPE #1538 City Council Rag. Mtg. Minutes April15, 1998 Page 5 of 10 Paul Drnievic, Citizens for Safe Water, invited City Coucil members and the general public to attend the next meeting of Citizens for Safe Water on Apdl 23, 1998, 7:00 P.M., in the Community Room of Washington Mutual Bank. Additional meetings will be held at the same location on May 7, 21, June 4, 18, 1998. For further information call 377-7206. 8B - LETTER OF INTENT TO ANNEX A KITSAP LAKE PROPERTY DESCRIBED AS CAMP MCKEAN. OWNED BY THE DEPARTMENT OF THE NAVY, #AB98-078 The City of Bremerton has received a letter of Intent to commence annexation proceedings from the Department of the Navy for the Camp McKean property, which is located on the shoreline of Kitsap Lake adjacent to the southwest section of the City. The site is valued at $296,750 and consists of 18.75 acres of land. The letter signifies the initiating step in the annexation process. According to the Revised Code of Washington (RCW 35.13.125), after being notified of the proposed annexation, the City Council must set a date within sixty days of the filing of the notice for a meeting. The notice was received on April 2, 1998. At the required meeting, the City Council is to determine: 1. Whether the City will accept, reject or geographically modify the proposed annexation. 2. Whether it will require the simultaneous adoption of a land use designation or accept an administratively assigned provisional zone most similar to the former County zoning as allowed in the Bremerton Municipal Code (BMC 21.02.060); and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. Terrie O'Neill, Municipal Services Coordinator, stated in 1991, the City of Bremerton annexed portions of the lands lying northwest of Kitsap Lake into the City. Property owners of the area were interested in services available from the City. Up to that time, the area had managed its own surface water district and due to the Federal Safe Drinking Water Act's stern mandates, decided to dissolve the district and become part of the City system. Residents on the shoreline shared concerns about health and environmental factors of the lake, which was being impacted by failing on-site septic systems. Following annexation, area property owners decided to form a Utility Limited Improvement Distdct to pay for the extension of City wastewater services. On April 2, 1998, the City of Bramerton received a Letter of Intent to annex the Camp McKean property into the boundaries of the City of Bremerton through the petition method of annexation. The annexation of this site will have little impact TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 6 of 10 on the City inasmuch as the City already provides sewer and water services to the site, traffic flowing to the site already flows over City right-of-way, and because the Camp McKean site is a Federal reserve does not require municipal services. The site is not assessed property tax because of its Federal exemption. Annexation of this site is proposed in order to comply with the objectives of the State with regards to the preservation of neighborhoods and the prevention of illogical boundaries. The Camp McKean site is an area that, if not incorporated, might prevent the logical extension of the City's services to areas beyond Camp McKean to the southwest portions of the lake and to the west where plans are underway for the Port Blakely developments. The property is within the current intedm Urban Growth Area Boundaries as adopted by the County on December 23, 1996, for interim purposes. It is anticipated that the new UGA boundary will be adopted sometime in April 1998. The new UGA boundary as proposed in the "discussed draft" map, does not include the Camp McKean site. The City has indicated to the County that this site is served by the City and has requested incorporation. If the annexation is not completed before the new plan takes affect and the site is not within the UGA, the annexation would not be able to proceed according to recent court decisions. The City has no choice but to file the Letter of Intent for Council's decision. The City Council must decide whether to proceed now with the annexation and attempt to complete the process prior to the adoption of a new map (if the site is omitted from the final County Plan) or refuse the Letter of Intent. If the Letter of Intent is refused, the annexation cannot move ahead and a new signature would need to be obtained in the future from the Department of the Navy if annexation was to occur. The City has worked with the Navy since 1991 to obtain this letter of intent. City staff recommends that the area be accepted as proposed. This proposal is a one-parcel annexation due to the fact that it is Federal land, which cannot be mixed with school lands or other properties. It is also recommended to allow for Administration assignment of provisional zoning to the site. The County's designation is a Residential Zone, so administratively the City would assign it a comparable zone and hold a Public Hearing within 60-days to consider changing the zoning to Parks and Open Space. It is also recommended that the subject site assume a proportional share of existing City indebtedness, Mrs. O'Neill re- emphasized that no property tax would be collected due to the site being Federal land; however, if it was sold and passed to another property owner it would then be assigned a proportional share of the City's existing indebtedness. Public comment - none. TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 7 of 10 Mr. Shepherd asked if the properly is annexed would the rates for sewer and water service change. Mrs. O'Neill stated yes, they would be lowered by 50%. Mr. Shepherd asked if there were any plans for offsetting budgetary reduction. Gene Sampley, Director of Public Works and Utilities, stated no, due to the fact that type of impact was insignificant in the scheme of the Utilities budget of approximately fifty million dollars. Mrs. Arends asked if the Department of Navy would continue to maintain Camp McKean. Mrs. O'Neill stated yes. #1427 MISICIU(Montgomery/Overson) Motion to accept the proposed annexation as proposed; allow the administrative assignment of provisional zoning to the site; and require the area to assume a proportional share of existing City indebtedness. 8C - 36-INCH WATER MAIN GORSTIRESERVOIR 4 AMENDMENT #1 TO PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX INC.. #AB98- 079 Amendment No. 1 increases the Scope of Work and Budget of Parametrix's Professional Services Agreement. Additions to Parametrix's scope of work include: additional assistance in obtaining construction permits and easement from WSDOT, the Navy and the Navy's railroad operator; design of reservoir inlet and outlet connections; updating contract specifications to WSDOT 1996 base specification; coordination with the City's corrosion control project and transient (surge) analysis of the pipeline. Also, because final design work on this project was delayed because of funding difficulties, the Amendment includes an amount to cover escalation of labor costs from 1995 to 1998 levels. The total amount of Amendment No. 1 is $35,202.00. The action before the City council is approval of Amendment No. 1. Tim Richard, Senior Engineer, on a personal note, thanked the City Council and Mayor Horton for giving him the opportunity to serve the citizens of Bremerton. It has been a challenging and very enjoyable experience. He also thanked City staff members for their support, which has allowed the City to accomplish many tasks over the past four years. The proposed project would include construction of a 36" water main from the vicinity of Gorst into Reservoir #-4, which is located at 3rd and Union. The 36" main will carry all of the surface water, which makes up approximately 60% of the annual use, from a portion of the line that cardes water from McKenna Falls to Reservoir #4. The project will generally parallel SR-3, cross underneath and TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 8 of 10 along local streets to the Reservoir site. Both crossings of SR-3 will be jacked underneath so that there would not be any disruption of traffic. The primary purpose for this project is to replace an aging main that was built in the eady 1940's. Until some intedm measures were taken in 1991, this main had failed seven times in the late 1980s and early 1990s and short-term measures were taken to prevent further failures. In addition, the larger diameter of the pipe will allow more detention time in the pipe, which allows the City to meet requirements for chlorine contract time and providing additional capacity to provide water as more demands are placed on the system in the future. This project was originally undertaken in 1991, and at that time the City entered into a Professional Services contract with Parametrix Inc., in an amount of $380,000 to design the project of which $330,000 was for the design and construction services specifically related to this water main. Parametrix Inc., completed approximately 70% of the design and permitting when the project was placed on hold in early 1993. At that time, $240,000 of the$330,000 had been expended for design/construction services. In 1995, the City had intended to move forward with the project and entered into a new agreement with Parametrix Inc., for $65,000 to complete the design and construction services related to this project. Unfortunately, because of some funding problems, the City did not undertake construction, which was rescheduled for 1998. As a result, finalizing the design and permits was delayed until this time. The proposed amendment consists of three primary pads: (1) $25,000 for design services primarily related to design of a new reservoir inlet. The existing inlet has been determined to be a questionable integrity and not replacing it at this time would place the reliability of that main in question. In addition, there is a by-pass main around the reservoir that allows the City to operate the reservoir during emergency situations when a reservoir might have to be taken off-line. That reservoir is the same vintage as the rest of the main and prudent practica would dictate its replacement at this time in order to provide a reliable by-pass. This proposal includes a surge analysis that was not originally completed in order to insure the adequate strength of the main, since it is the City's only surface water supply. (2) Approximately $4,000 will be used for permit assistance. The majority of the line is located within the railroad right-of-way, which is owned by the Navy, and getting through the permitting process has been more difficult than anticipated. The City must also work through the permit process with Washington State Department of Transportation because their only access to that portion of the project is off SR-3. (3) Rate adjustment of $3,700 increasing the rates from 1995 to 1998. Public comment - none. TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 9 of 10 Mr. law asked Mr. Richard to explain the reasoning for Task #6 - Rate adjustment. Mr. Richard explained the current Professional Services agrccment was entered into with Parametrix Inc., in 1995. At that time, the intent was to proceed with the design and complete the project; however, the City was not able to proceed with the project. The rate adjustment is to increase the houdy rate for the requested services from the 1995 rate to the 1998 rate, which amounts to an 8% increase, i.e., equivalent to the CPI increase for that same pedod. Mr. McConnell asked if he understood correctly that the design of the reservoir inlet and outlet connections was not part of the original contract. Mr. Richard stated Mr. McConnell was correct. Mr. McConnell asked if some of the work had already been completed under the prior agreement. Mr. Richard stated yes. #1822 MISICIU(Montgomery/McConnell) Motion to authorize and direct the Mayor to execute Amendment #1 to Professional Services Agreement for the 36 inch water transmission system improvements - Gorst to Reservoir 4 with Parametrix Inc., in the amount of $35,202.00. 9A- RESOLUTION #2648, 36" WATER MAIN GORST TO RESERVOIR 4 CONSTRUCTION/ACCEPTANCE OF PUBLIC WORKS TRUST FUND LOAN (NO PW-98-791-008). #AB98-080 The City applied for and received a Public Works Trust Fund (PWTF) loan in the amount up to $3,150,000 for construction of the 36" Water Main - Gorst to Reservoir 4 improvements. The loan is to be paid back over 20 years at 1% interest. The attached Resolution accepts the loan and authorizes* the Mayor to sign all documents relative to the loan. Tim Richard, Senior Engineer, noted the net savings compared to the use of a Revenue Bond to fund the project would be about $1.4 million over the 20-year life. The attached Resolution authorizes the Mayor to sign that agreement and any other loan agreement documents. Public comment - none. Mr. Reed questioned the source of the loan? Mr. Richard explained the funding source is Washington State Public Works Trust Fund. #2002 M/S/C/U(McConnell/Law) Motion to pass Resolution #2648 accepting the loan and authorizing the Mayor to sign all documents relative to the loan. President Farr acknowledged Mr. Richard's departure from the City and asked everyone to give him a round of applause. TAPE #1538 City Council Reg. Mtg. Minutes April15, 1998 Page 10 of 10 Mr. McConnell stated he has enjoyed working with Mr. Richard and observing how he puts highly technical answers into language that is easily understood. He extended a special "thank you" for his service to the City and "good luck" on his future. Mr. Shepherd expressed his pleasurable expedenca working with Mr. Richard, which included a number of citizen meetings for public discussions from the sewer treatment plant and the implementation of all the separation systems, his support in litigated court cases and dealing with full engineering activities. He applauded Mr. Richard for his openness and ability to talk to citizens when addressing their needs. Mr. Montgomery wished Mr. Richard well and views his leaving as a gain for the City of Lewiston Idaho and a loss for the City. President Farr thanked the TV camera crew for their services: Robert Neal, Jay Bennet, Gretchen Elliott, Mike Peebles, and Anthony Silas. With no further business meeting adjourned at 6:38 P.M. DAVID FARR, City Council President City of Bremerton PJ/DF/me C: Normal Distribution File/Vault