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HomeMy WebLinkAbout12/09/98 TAPES #1585 #1586 #1587 CITY COUNCIL MEETING MINUTES DECEMBER 9, 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, December 9, 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 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 Cleveland Williams of the Ebenezer African Methodist Episcopal Church. President Farr made the following announcements: (1) The City Council held a Study Session prior to the Council meeting, 5:00 - 5:30 P.M., to discuss general Council business; and (2) Item 3B, Renewal of BHA Contract, would be removed from the "Consent Agenda", and heard under "New Business". CONSENT AGENDA A. Minutes of Council Meeting - November 18, 1998 #AB98-276 #0010 M/S/C/U (McConnell/Olsen) 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. #0020 M/S/C/U (Montgomery/Arends) On December 9,1998, the Council does approve for payment those vouchers included and further described as follows: 226104, and 226114 through 226306 in the amount of $317,602.78; and Regular Payroll in the amount of $900,322.49 for the period ending November 30, 1998. COUNCIL MEMBER REPORTS Mrs. Arends announced a "Charleston District Community Party & New Business Showcase" this Friday and Saturday, 9:00 AM to 5:00 P.M., at the corner of 6th & Callow Avenue. She encouraged the public to attend. If any additional information is required, citizens can all Marsha at Bremerton Quality Auto Care, at 373-5355. Local businesses on Callow will be participating, with food and door prizes. Mr. Shepherd attended a meeting sponsored by AWC and the Endangered Species Act to discuss ways of protecting the Salmon. He was happy to report that Wooley's in TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 2 of 10 the old Woolworth Building, has reached capacity with various vendors. He announced the Bremerton Choir will be performing at the Performing Arts Center at the High School at 7:00 P.M. on Wednesday, December 16, 1998; and on Thursday, the High School and Junior High School bands will be performing, same place and time. Lastly, he reported on several sites in the area with Christmas light displays worth seeing. Mr. Overson complimented those involved in decorating the downtown area and for helping to clean it up. He described some changes happening at the ferry terminal. Mr. Law encouraged the public to also shop at the many businesses in the lower Manette area. President Farr reported on his recent trip to Paris, and found it both interesting and surprising to him, that after being a Councilman for the past 5 years, he couldn't help but look around the City, and wonder about such things as street layouts and comprehensive plans, even while in Paris! He enjoyed the trip, but was glad to be home. MAYOR'S REPORT Mayor Horton reported that she attended the Friday Art Walk, and saw the arrival of Santa Clause by fire truck. She was happy to see that it was a well artended event, by both adults and children. She congratulated Main Street Association, the businesses, and everyone else involved. Yesterday, she at-tended the homecoming of the USS Camden, along with several other Council members. She extended a warm "welcome home", and was happy to see them back on time for the holidays. Mayor Horton, presented Leo Danaher with a certificate in recognition and appreciation on behalf of the Citizens of Bremerton for his Eagle Scout project rehabilitating Bachman Park and Gazebo, and thanked him for all the hard work and for going above and beyond the call of duty. A plaque was also presented to the East Bremerton Rotary Club for their ongoing community service, including maintaining Bachman Park. PUBLIC RECOGNITION Chief Paul Du Fresne, Police Department, discussed the "Drive Friendly" program, and the annual Traffic Safety Council meeting, where the Bremerton-Kitsap County DUI Task Force received a "1998 Traffic Safety Superstar award for Community or Government Program Leadership", and was recognized for their outstanding effort in promoting safe roadways. Lynn Drake was also recognized as an outstanding individual for her work over many years. Judge James Docter also attended the annual conference, and gave a report on issues discussed, including the new DUI laws. Reverend Cleveland Williams, Ebenezer Episcopal Church, informed the Council and Community that the Church will again be sponsoring another Community Christmas Dinner on Friday, December 25, 11:00 AM to 2:00 PM, at the Sheridan Park Recreation Center, located at 680 Lebo BIrd. He invited all members of the public to attend. TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 3 of 10 Don Larson, President of Kitsap Diving Association, shared an e-mail received from "People of Puget Sound" who are interested in helping to establish more marine protected areas in Puget Sound, which has been his interest for the Bremerton area. He encouraged the City apply for a Vision 2010 Award with the Puget Sound Regional Council, which involves transportation issues (such as the current ferry terminal project) and environmental projects, such as the Sinclair Landing Clean-Up efforts. He also urged the City to send letters to volunteers and businesses that participated in past clean-up efforts, to ask for their assistance in next year's clean-up (third Saturday in April 1999). Mr. Shepherd stated that he has been contacted by the Puget Sound Water Quality Action Task Force, who have suggested a particular location that would be appropriate for an underwater marine protected area in Bremerton, and would forward that information to Mr. Larson. Gordy Byrd recently took a fall, and expressed his dismay at not receiving help from anyone passing by. He urged people to be more respectful of others. 3B - RENEWAL OF BREMERTON HOUSING AUTHORITY (BHA) CONTRACT, #AB98-277 Attached you will find the 1999 (January 1 through December 31) Contract for Supplemental Services. This agreement is between the City of Bremerton, by and through the Bremerton Police Department and the Housing Authority of the City of Bremerton (BHA). Currently there is a like contract in effect in which the Bremerton Police Department provides supplemental law enforcement services to the BHA. The contract before you is a request to once again enter into an agreement between the City of Bremerton (Police Department) and the BHA for the same services currently being provided by the contract in effect. Lt. Ron Mox, Bremerton Police Department, stated this contract was a renewal with only two significant changes, including a language change, and a change to the monetary value. He further stated that this was one of the most positive programs the Police Department has, with many positive changes occurring over the years. #0864 M/S/C/U (Montgomery/Olsen) Motion to sign and approve the BHA Contract for 1999. 8A -INLAND EMPIRE HOME FUND PROJECT FUNDING, #AB98-278 Inland Empire Residential Resource requests $50,000 under the HOME program to construct two housing units with accessory dwellings at 1006 and 1008 Ninth Street. The total construction budget is $250,000. Upon completion 6 people with developmental disabilities will reside in the main units and 2 additional people will reside in the accessory dwelling. The units will be managed by Communitas. A neighborhood meeting was held to discuss the project. Issues, primarily around parking were raised. The project was reviewed by the Building Department, and the building permit was issued. Issuance of the building permit is currently under appeal. An interview panel was held and the Committee recommends approval of the project. TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 4 of 10 The Neighborhood Development Team requests $216,438 under the HOME program for the homebuyers assistance program. This amount is the remainder of funds in the City's 1997 HOME set-aside. The City has assisted 110 moderate-income families purchase homes in Bremerton. The $216,438 will assist 43 or more families to become homeowners. Debbie Peavler-Stewart, Administrative Analyst, introduced Darrel Reber, Executive Director of Inland Empire Residential Resources, who provided a brief description of the purpose of the organization, some background information, and the process they have gone through to obtain the property for this project. He pointed out that every piece of property on the market was looked at before choosing this site. Mr. Overson asked for a point of order, to clarify that the detail information being provided was relevant to the issue Council would be voting on. Mr. Reber stated that he felt by providing some background information, he could show their ability to develop a good project for the community. He was informed that this item tonight would deal with the policy issue of whether HOME dollars should be used for rental projects or home ownership projects. He provided additional information on the permit process gone through with the City Building Department. He felt it was important to point out that this project would facilitate affordable housing for members of the community, and the expected residents for this project are currently citizens from the City Bremerton. Pending the appeal of the Building Permit, the program is ready to proceed. He stressed that HOME dollars are used around the state for rental properties and long-term rental units, guaranteeing cities with quality, well maintained housing. Mrs. Arends wanted to clarify that if Council was voting strictly on funding only, would this also tie the City to these two structures? Ms. Peavler-Stewart stated that the vote would be approving $50,000 for this specific project of two single-family units on 9th Street. Mr. Overson stated he supports the HOME funding, but his preference would be for a competitive bid process, or other system to take place to identify more return on the investment. He was also concerned about the lack of a yard for the proposed homes. Mr. Reber assured Council that the project has met all City Building Department requirements, including set-backs. Furthermore, he described the grassy areas planted on both sides and in front, but stated that most of the available area was taken up by parking spaces required by the City, even though the residents will not drive. He also pointed out that there is a baseball diamond and grassy play area across the alleyway. Ms. Peavler-Stewart conveyed that applications are accepted for HOME funds continuously, and funds are currently available. There is a concern about the capability of non-profit organizations to apply for the CHOTO fund, and the capacity that they need to construct and develop the housing. Mr. Shepherd stated that he met with the neighbors in the construction area, and three areas of concern were mentioned: 1 ) Traffic from emergency vehicles; 2) Security and TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 5 of 10 Safety for the residents in that particular neighborhood; and 3) Whether the permit was legal and viable (which is not before Council this evening). Regarding item No. 1, it was determined by the City Engineer that emergency access would be on Ninth Street, causing no increase in traffic. Regarding item No. 2, the Police Department has stated that the area is no more dangerous than other areas. In addition, Communitas has made a long-term commitment to increase their involvement with Block Watch programs. He was satisfied with this contract. Mr. Olsen asked how many residents would live in the dwelling; were bids taken or was it an agreement; is the company profit or non-profit; and are facilities going to be constructed for handicapped personnel? Mr. McConnell asked if residents do not drive, how will they get to shopping areas from that location? Ms. Peavler-Stewart stated that a total of 6 people would live in two single family units. The project would be put out for bid, and Inland Empire is a non-profit company. Mr. Reber stated that during this process, four local contractors presented bids, with Ron Burley Construction chosen as the successful bidder. Regarding property tax, the group would have to apply for tax exemption. The first floor of each dwelling will be wheelchair accessible. Shopping will be possible with local transportation, and Communitas has a van as well. He further stated that HOME dollars are critical to their process because additional funding is not provided by the State. A letter opposed to this project, signed by Mr. & Mrs. Robert J. Cainan and Timothy Cainan was read into the record. This letter was included as part of the Agenda Packet. Ms, Peavler-Stewart clarified that a 25-year contract with Inland Empire (the owner of the building) and the City is required, per regulation, but a 50-year contract stating the project will be used for this purpose, will actually be used. The 2-year contract is with the service provider, Communitas. The owner is required to provide service, so if Communitas is no longer available, a new organization would be found. #2980 M/SIC (Shepherd/Arends) Motion to authorize execution of a $50,000 contract with Inland Empire contingent upon the issuance of the final building permit for construction of two units that will provide housing for individuals who are developmentally disabled. Vote on motion: In Favor: Reed, Arends, Shepherd, Farr, Law, McConnell Opposed: Overson, Montgomery, Olsen, Motion passed. #3000 M/S/C (Shepherd/Arends) Motion to provide $216,438 for the City's homebuyer's assistance program. Vote on motion: In Favor: Reed, Arends, Shepherd, Farr, Law, McConnell, Overson Opposed: Montgomery, Olsen Motion passed. TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 6 of 10 8B - CONTRACT AMENDMENT AND BUDGET ADJUSTMENT-EVERGREEN PARK REMEDIATION PROJECT. #AB98-279 On November 20, 1995, the City entered into a Professional Services Agreement (Agreement) with Failure Analysis Associates, now Exponent, for the remediation of properties to be included in the development of Evergreen Park. The Agreement has been amended three times for a total contract amount of $319,959. A summary of contract amendments and budget adjustments is included as Exhibit "A". Amendment No. 4 (Exhibit "B") in the amount of $119,912 is necessary to address changes required by the Department of Ecology, State Attorney General's Office, and the City's legal counsel in order to meet the requirements for an Agreed Order for the remediation. This will bring the total contract amount to $439,871. The attached budget adjustment (Exhibit "C") in the amount of $45,000 is required to cover remaining project expenses for 1998. A 1999 budget will be established subject to final negotiations for project implementation. TAPE #1586 Gene Sampley, Director of Public Works and Utilities, provided the staff report. This amendment to the contract was due to changes in legal counsel advice that this project should proceed with an agreed order with the Department of Ecology as compared to the previous direction of a pre-purchase agreement or consent decree. This gives the City more flexibility on how the City negotiates with DOE, which will benefit the overall outcome of the project. The amendment to the agreement is necessary in order to complete the documentation for the approval process that will go through DOE. This process will include a public meeting and several meetings with the City. Mr. Byrd asked how long the process of the Evergreen Park remediation would take? Mr. Sampley stated the anticipated start-date for this project is next year, after DOE approval. A grant from DOE is also tied to this project subject to the agreed order, and would be for a 50% match. Additional funding will also be pursued. #0156 M/S/C/U (Arends/Montgomery) Motion to approve Budget Adjustment Request No. 98-36 to 1998 Real Estate Excise Tax Fund in the amount of $45,000 to provide for payment of legal and environmental investigation costs. #0190 M/S/C/U (Arends/Montgomery) Motion to approve Amendment No. 4 in the amount of $119,912, and authorize the Mayor to sign amendment subject to City Administrative Policies and Procedures. 9A - ORDINANCE NO. 4642 (SECOND READING) UPDATING THE CITY'S PURCHASING POLICY #AB98-270 The City's current purchasing policy has been in place since 1984. Since that time, no adjustment has been made to the dollar values at which the various procedures are required. The proposed ordinance will raise the threshold for formal bidding of general TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 7 of 10 purchases from $10,000 to $20,000. It will also increase the threshold for services as follows; letter agreement increased from $5,000 maximum to $10,000 maximum; contract with Mayor's approval increased from $10,000 maximum to $20,000 maximum; contracts exceeding $20,000 will require Council approval. Mr. Overson stated he recommended disapproval based on his belief it would "erode" Council's function as "watchdog" and the responsibility that includes. He stated the present requirements keep the City Council involved and keep the ability to watch what is happening. #0300 M/S/F (Overson/McConnell) Motion not to pass Ordinance No. 4642 on second reading updating the City's Purchasing Policy. Vote on motion: In Favor: Overson, Shepherd, McConnell Opposed: Reed, Montgomery, Arends, Farr, Law, Olsen Motion failed. #0750 M (Reed) Motion to increase the maximum threshold to $15,000 rather than the proposed $20,000, and approve on first reading. Motion died due to lack of a second. #0830 M/S/F (Montgomery/Olsen) Motion to pass Ordinance No. 4642 on second reading updating the City's Purchasing Policy. Vote on motion: In Favor: Montgomery, Arends, Farr, Olsen Opposed: Reed, McConnell, Law, Overson, Shepherd Motion failed. 9B - ORDINANCE (FIRST READING) SETTING WATER AND WASTEWATER RATES, #AB98-265 The proposed ordinance will increase the City's retail water and wastewater rates by an average of three percent effective January 1, 1999. Staff analysis indicates that this increase is necessary to allow the utility to meet the costs of current operations and to implement the capital improvements which are mandated meet environmental and water quality regulations. Rich Hanna, City Treasurer, noted that the changes made would affect customers equally. Gordy Byrd, asked why the increase is 3% opposed to lesser increases of 1% or 2%. Elizabeth Buell, asked what the total increase per month would be, based on size of residence, also, if units are not rented, is there a reduction? John Becker, proposed an idea to reduce the current debt of the City, and therefore lower rates. Rather than raise sewer rates, he suggests raising the water rates and applying the money from forestry sales to reduce debt. TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 8 of 10 Mr. Hanna, addressed the public questions. (1) The 3% increase would be the smallest increase possible to maintain the Utilities. (2) The increase in dollar terms per month for a single family residence would be $0.25 and the change in sewer rates would be $.95 per month. A duplex would be served by a 5/8 x 3/4" meter so the increase would be the same as for a single family residence. If there is a vacancy for a long period of time, the meter can be removed. (3) Wastewater Utility has been successful in using low or no interest loans with the State of WA for the CSO Remediation Project. The proposal for using Timber sales revenue towards debt is not authorized legally. Each utility must support itself independently. Mayor Hodon, noted that adding charges for services that are not received, legal or not, would generate objections from the public. Mr. McConnell stated the rate increase would be .75 per unit. He asked a second question about the proposal for applying forestry sales revenue towards debt; is it because there are 2 separate funds? Does the City have any idea when the excess surcharges to cover lawsuits will be removed? Reiterated that liberal users of water be charged. Mr. Hanna stated there is no "surcharge", if over time the debt is retired, then that could result in a rate increase. Rates probably will not go down. Mr. Olsen, stated that increases are necessary for the City to operate, but the increased charges really affect people who are on fixed incomes. Rates should be assigned more equitably, such that liberal users should pay more than users who conserve. President Farr stated he has been an advocate of set rates. Mr. Overson noted a very intense study will take place next year to keep the rates low in the coming years. Other communities are gaining on the City, and keeping rates low is something that simply needs to be done. Mr. Law wanted it clarified that this is the same ordinance that came before Council, and is there a summer rate? Mr. Hanna stated that yes, it was the same ordinance, and explained that summer rates are for the 6-months of summer, and the charges coming from water usage such as irrigation do not result in increases in sewer charges. Mr. Montgomery stated that by keeping this increase based on the fixed fee, people who go "south for the winter" will still pay a fee. Mr. Shepherd asked about tax increases due to unfunded mandates. Ms. Malanca stated she would look into the mandates and report back to the Council. Mr. Reed looked at expenditures and proposed increasing the fixed portion of bill. #2565 M/S/C (Montgomery/Overson) Motion to approve on first reading Ordinance setting utility rates. TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 9 of 10 Vote on motion: In Favor: Olsen, Law, Overson, Arends, Montgomery, Farr Opposed: Reed, McConnell, Shepherd Motion passed. TAPE #1587 9C - ORDINANCE NO. 4643 (SECOND READING) ADOPTING THE 1999-2000 BIENNIUM BUDGET. #AB98-271 Wayne Junge, Executive Director of Bremerton Area Chamber of Commerce; and Rowena Jongeward, Manager of Midway Inn urged Council to support the Lodging Tax Advisory Committee recommendations. Gordy Byrd asked why there was no summary available? President Farr responded that following numerous public hearings on the budget, in addition to a prior first reading, a summary was not needed for a second reading. John Becker pointed out that the approximate $100,000 needed for fluoridation is not included in the current budget. He wondered where the funds were going to come from. Main Motion was made, and seconded, the following discussion and amendments were made: Mr. Overson recommended that Ordinance No. 4643 adopting the Biennium Budget be passed as is, and study the issue more closely at a later date. #0506 M/S/F (Shepherd/Arends) Amendment to Main Motion to reassign $18,000 of the ending cash from Fund 104, to the Kitsap Peninsula Visitor & Convention Bureau; and move back to first reading of the ordinance. Vote on motion: In Favor: Shepherd, Farr, Arends Opposed: Overson, Law, McConnell, Olsen, Reed, Montgomery Motion failed. #0700 M/S/F (Shepherd/Arends) Amendment to Main Motion to reassign $8,000 of the ending cash from Fund 104, to the Kitsap Peninsula Visitor & Convention Bureau, and $5,000 of the ending cash to the Main Street Association, and leaving $5,000 to ending cash; and move back to first reading of ordinance. Vote on motion: In Favor: Shepherd, Farr, Arends, Reed Opposed: Overson, Law, McConnell, Olsen, Montgomery Motion failed. #0853 M/S/C (Shepherd/Overson) Amendment to Main Motion to reinstate the Council salary to current levels for the Biennium Budget. TAPES #1585, #1586, #1587 City Council Reg. Mtg. Minutes December 9, 1998 Page 10 of 10 Vote on motion: In Favor: McConnell, Law, Overson, Shepherd, Arends, Reed, Olsen, Farr Opposed: Montgomery Motion passed. #0889 M/SIC (Montgomery/McConnell) Main Motion to pass Ordinance No. 4643 adopting the 1999-2000 Budget on the second reading. Vote on motion: In Favor: Olsen, McConnell, Law, Overson, Shepherd, Montgomery, Farr Opposed: Reed, Arends Motion passed. 9D - ORDINANCE (FIRST READING) AMENDING THE 1998 BUDGET. #AB98-280 Numerous events have occurred since the first amendment of the City's 1998 budget which require adjustment so that the budget will continue to accurately reflect the financial operating plans of the City. Passage of the proposed ordinance will incorporate all of the changes identified to date. Rich Hanna stated that budget adjustments included in the ordinance have been before Council during prior meetings and budget adjustment No.98-36 was reviewed earlier in the meeting. Public comment - none. #0960 M/S/C/U (Montgomery/McConnell) Motion to approve the Ordinance amending the budget on first reading. With no further business, meeting adjourned at 8:45 P.M. DAVID FARR, Council President City of Bremerton PJ/DF/Is/cg cc: Normal Distribution File Vault