HomeMy WebLinkAbout03/09/94
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CITY COUNCIL MEETING MINUTES
MARCH 9. 1994
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 9, 1994, at 5:45 P.M., with
Council President Eileen Fitz presiding. Council members present
were Richard Neville, Morrie Dawkins, Bob Winters, David Farr, Lon
Overson, John Law, A1 Colvin and Sherril Huff-Menees. Also present
were city Attorney Ian Sievers and city Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Reverend Dan Butcher of New
Hope Community Church.
CONSENT AGEND~
A. Minutes of Meeting -- February 23, 1994 #AB94-046
#0031 M/S/C/U(Neville/Colvin) to approve the Consent Agenda as presented.
CL~IMS/W~RI~tNT 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.
#0047 M/S/C/U(Colvin/Farr) on March 9, 1994, the Council does approve for
payment those vouchers included and further described as follows:
173482, 173504 through 173673 in the amount of $226,385.25; and
Regular Payroll for the period ending 2-28-94, in the amount of
$594,582.51.
COUNCIL MEMBER REPORTS
Mr. Winter thanked everyone, including Councilman Neville, Council
President Fitz and Mayor Horton, who attended the POWER fund
raising event on March 5. Even though there was a small crowd at
that event, he hoped other such events would be held in the future.
Mr. Colvin reported he received a letter from a City resident
relating a recent sewer back up in her residence. She was not
happy about either the sewer back up or the increase in cost of
sewer service, however, she was pleased with the City's response
and assistance during the sewer back up problem. He extended a
challenge to the Kitsap County Commissioners to participate in
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promoting the new Voter Registration program. An earlier challenge
was given to his fellow Council members for their respective
Districts.
Mr. Law announced the District #3 Neighborhood Meeting will be held
March 15, 1994, 7:00 P.M., at the Nipsic Senior Center. The topics
for that meeting are (1) streets; (2) concerns over the Manette
Bridge; (3) Councilman update and any concerns that district
residents want to bring up.
PUBLIC RECOGNITION
Mayor Lynn Horton reported she attended the POWER fund raising
event, which included hearing from the candidates for Kitsap County
Prosecutor. She related some statistics from a block watch
newsletter titled "BLOCK TALK": 70% of all burglaries reported in
the City of Bremerton were residential burglaries. In 62% of the
burglaries a door was the point of entry, a window was the point of
entry in 26% and 12% per unknown entry. Most items stolen were
money, VCRs, jewelry, TV sets, tools. Anyone interested in forming
a Neighborhood Block Watch can contact Officer Jon Johnson, Police
Department Crime Prevention Officer, or her office 478-5266.
Mayor Horton read the following Proclamation: proclaiming the
Month of MARCH as AMERICAN RED CR088 MONTH. Ian Sievers, City
Attorney, accepted the proclamation on behalf of the Kitsap and
Mason Counties Chapter of the American Red Cross.
May Horton reminded everyone of the Central Neighborhood Network
meeting on Thursday, March 10, 7:00 P.M., at the Neighborhood
Christian Church.
Don Larson, 135 Rainier Avenue, President Washington Scuba
Alliance, announced a Countdown To Earth Day event on April 16
titled "Save Sinclair Saturday", at the First Street Dock in
Bremerton. That event will be a shoreline and underwater clean up
effort manned by volunteers. Me encouraged the City of Bremerton
and citizens to become involved in that event. The Department of
Ecology has published an Environmental Action Guide that can be
obtained at no cost by calling 1-800-RECYClm. He recommended that
the City make a proclamation recognizing a day in April as Earth
Day. During the clean up efforts over the past three years,they
included an area located at Pacific and Sheldon Blvd.. That
particular area has been used as a dumping site for litter and
garbage. In the past, Mr. Larson talked with the out-of-state owner
of that site and they indicated they were willing to work with the
City to clean up the site. Mr. Larson would like to see that area
turned into a park. Recently, he talked with the Operations
Manager of Brem-Air, who indicated they were cooperating with the
City of Bremerton and the Port Of Bremerton on a possible land
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transfer.
Gordy Byrd, P.O. Box 930, talked about the Easter Seal Telethon,
Cafe Zoo and his fund raising efforts for the "Byrd's Nest", a
shelter for the homeless ($12,344.45).
Bett~ Buell, High Avenue, expressed concern over the increased
sewer/water billing. She questioned if there was some way to break
down the sewer/water payments into two payments (one per month)?
Presid®nt Fitz asked Mayor Horton if she could follow up on Mrs.
Buell's question.
An4¥ p&x~m, 1122 Hayward Avenue, stated users of the sewer system
have no choice but to pay the increases. Failure to meet the
agreed upon settlements will only cause more lawsuits. He does not
believe disincorporation of the City is the answer to that problem.
He did believe it could be a very expensive lesson to the Council,
that former elected officials (early 1970's) should have and the
present elected officials must put their priorities in prospective.
He believes correcting potential cost and problems for potential
lawsuits should come before "goodies". He referenced statements
made in documents provided to the Kitsap County Superior Court
that heard the Westhills lawsuit against the city: "that Judge
Broz, the mediator, visited the City's treatment plant and received
extensive information from both sides"; "that the two settlements
(odor and sewer overflows) may reach 35 million dollars over the
next twenty years"; "the sewage treatment plant's design dates back
to the early 1970's"; "The City appears to have cut costs in regard
to odor control when the plant was upgraded. This is seen for
example, in the sewer treatment plant's operating manual. The
manual specifically recommended the City cover the biotower (note
the biotower was not covered)"; "During 1992 and possibly other
years, the pre-aeration pump may have not been operated or at least
not operated properly". Mr. Parypa made the following
recommendation: schedule City Council agenda items in a manner that
will provide the City Council time to study the subject matters.
Be honest with the public, mistakes are only made by those who are
doing something. He asked that the following questions be
answered: (1) What is the interest rate on the three payments to
the Westhills Association and what will it add to the total cost?
(2) Who wrote the sewer treatment plant operating manual? Was the
plant design group involved? (3) Who decided to not cover the
biotower and why? (4) In the settlement, did the City agree to
upgrade the air filtration and cover the headworks and portion
where the sludge is thickened, and if this fails, to cover the
biotower in early 19957 (5) Would it be prudent to cover the
biotower and properly operate the pre-aeration blower first as was
apparently recommended? (6) What is the purpose of the holding
tank at 13th and Naval and could a pump be used during low sewage
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flow? (7) Should Shut off valves be considered before another line
rupture occurs? (8) While $100,000 is peanuts compared to
millions, whose brilliant idea was it to plant trees around the
plant with the expectations they would eventually cause an updraft
and get rid of the odor (many of the trees appear to be dead)?
Navor Horton stated she would have staff provide a written response
to Mr. Parypa and read it into the record at the next City Council
meeting.
~ar~ Lou Lona, Baymont Place, suggested the City make available to
the residents of Bremerton a "flow restriction device", which would
cut back the amount of water used in every day water consumption.
She raised the question why people within the city, who were using
septic systems rather than hooked up to the sewer system, are
excluded from paying sewer rates? If the cost of the Westhills
lawsuit settlement must be paid by the ratepayers, she believed all
residents in the City should be required to pay. She asked Mayor
Horton to look into that matter. She then read into the record her
responses to Councilman Farr's questionnaire that was given out at
his District #6 neighborhood meeting. Mr. Fart thanked Mrs. Long
for her input and wanted District #6 residents to know that copies
of the questionnaire could be picked up at Rob's Quickstop at 15th
and Callow. Mrs. Huff-Menees stated she felt it would have been
more appropriate for Mrs. Long to have given her completed
questionnaire to Mr. Farr considering it was intended for residents
of District #6 and his use in evaluating representation of his
district. She did not feel it was appropriate for Mrs. Long to
take up time during a City Council meeting to share that
information with Mr. Farr. Mrs. Long objected to Mrs. Huff-Menees
comment. President Fitz reminded Mrs. Long that comments during
Public Recognition are to be limited to three minutes.
6A - BUDOET ADJUSTMENT REQUEST 94-3 FOR AUTHORIZATION TO CALL AND
PAY ALL OUTSTANDING REVENUE BONDS OF THE FORMER JENSEN WATER
DISTRICT, #AB94-047
Several years ago, in conjunction with the annexation of the
neighborhood, the City took over the Jensen Water District which
was then disincorporated. At that time, the City water system
accepted responsibility for the revenue bonds which had previously
been issued by the district. The City will have the ability to
call and pay the remaining outstanding bonds as of June 1, 1994.
As the bonds bear interest at the rate of 10.875%, it is in the
best interest of the City to exercise the call option on these
bonds at the earliest date possible. This Budget Adjustment will
provide the expenditure authority necessary to pay the bonds when
called.
Rich Hanna, City Treasurer, emphasized the interest rates on these
bonds are considerably above the return that can be achieved
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through his investment of surplus City funds. It makes good
financial sense to call and pay the bonds at the earliest
opportunity. There is no incentive for doing this through
refunding of the bonds for $45,000, and the overhead cost
associated with carrying out refinancing or issuing no debt would
consume all savings that could be realized. The Water Utility does
have surplus cash available in an amount more than adequate to meet
the demands to call and pay these bonds.
Gord¥ BYrd, P.O. Box 930, stated he did not understand what this
item proposed. Mr. Hanna restated the points outlined in the above
noted summary statement
#1358 M/S/C/U(Dawkins/Colvin) to approve Budget Adjustment Request 94-3
and directing the Treasurer to call all outstanding bonds of the
former Jensen Water District as of June 1, 1994.
SB - CONCEBSION AGREEMENT BETWEEN THE CITY OF BREMERTONAND KITSAP
COMMUNITY ACTION PROGRAM REGARDING A HEADSTART FACILITY AT
EASTPARKt #AB94-048
Kitsap Community Action Program is interested in providing a
Headstart Program in East Bremerton, and are requesting the use of
a portion of East Park for that purpose. The building (4000 sq.
ft. modular unit) would be located on .25 acre in the NE corner of
the Park, an area that is currently undeveloped. In addition to
the building KCAP's plan includes a pre-school sized outdoor
playground and an appropriate amount of parking. The playground
would be available to Park users as well as Head Start students.
The National Parks Service, the Bremerton Parks and Recreation
Commission and the Friends of Bremerton Parks have all voiced their
support for the proposal.
East Park is one of the facilities included under the Parks
Protection Ordinance and therefore approval of this agreement must
be by a unanimous vote of the City Council.
Vicki Vanneman, Director Of Parks and Recreation, exDlained her
department became involved in this issue in June of 1993, and over
the past several months both the City and KCAP have taken several
small but necessary steps to insure this plan moves forward through
a process. Those steps were numerous, including site selection
that narrowed it down to a 1/4 acre in East Park, which triggered
several other necessary steps, one of which was securing the
approval of the concept from the National Parks Service. East Park
is one of the properties the City purchased from the government in
the early 1960-70's and it has certain conditions imposed upon it
due to that relationship. One requirement is the need to inform
the government of any change in uses of the facility. The City
also needed to inform and get the recommendation of the Parks and
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Recreation Commission, which was obtained. With the cooperation of
the City Attorney's office, a Concession Agreement was developed.
The City also notified and solicited the support of the YMCA and
the Navy due to the proximity to Navy housing. She emphasized this
is the first issue that tests the Parks Protection Ordinance, which
established a set of guidelines that protected parks from being
encroached upon by non-park use. The proposed educational facility
would constitute a significant change in the use of a portion of a
park and that is why the Parks Protection Ordinance is triggered.
Ms. Vanneman emphasized she is in support of this proposal and
views it as a win-win situation for the community. She believes
there are two important considerations that influenced her decision
to support this request: (1) the fact the new building would affect
a very small percentage of the park, and currently that portion is
undeveloped; (2) the interest and commitment KCAP has shown in
providing a state-of-the-art playground sized for preschoolers.
She pointed out the City's current playground equipment in the East
Park area is gaged for elementary aged kids. It also pleased her
that playground would be available to the public during non-
Headstart hours, which are numerous...afternoons, evenings,
weekends and summers. In addition to receiving support from the
National Parks Service and the Park Commission, she met with Del
Knauss, chairman of the Friends of Bremerton Parks, who then
talked with other members of his group and their response was
recognizing the win-win element of the proposal. When the proposal
was presented, all of the groups involved took the matter seriously
and were convinced it is a win-win opportunity and in the best
interest of the community. She emphasized her trust as well as all
the other groups' trust that the city Council and public will not
view this as precedent setting. Ms. Vanneman pointed out the
agreement spells out if Headstart decides to vacate the site, they
will remove everything that isn't permanently installed, such as
parking and utilities.
Mr. Law noted Fiscal and Budget Committee members were impressed
with the amount of planning that had gone into this project. He
questioned if this was the first time the City worked with the
National Park Service on a project? Ms. Vanneman stated the Parks
Department is in contact with the National Parks Service on a
fairly regular basis through submittal of bi-annual reports on all
facilities (seven sites) purchased from them.
Mr. Drouin, resident, raised a point of order regarding comments
and questions being made by Council members prior to input from the
public.
Mr. Neville noted the Concession Agreement states that a portion of
the building will also be available for public use during hours not
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used by the Headstart program. Ms. V&nneman pointed out a meeting
room opportunity and the fact KCAP is interested in hosting a
variety of public activities in that portion of the building. She
emphasized that meeting area would be equipped for use by adults.
Mr. Neville questioned how the monetary amount for the lease was
dete£mined? I&n Sievers, City Attorney, stated on a lease this
size and duration the City does not go to the expense of a full
appraisal, but rather uses a "rule of thumb" based on the fair
market value. That determination is started by obtaining a legal
description from the Engineering Department and their calculation
of the square footage (1200 sq. ft.) and obtaining the fair market
value from the Kitsap County Assessor's office at $1.20 per square
foot. Even though this site is publicly owned, the Assessor is
doing current valuation on public property. The "rule of thumb"
used was 10-12% of the market value for the annual lease. He
reflected that "rule of thumb" was actually dated because in the
current climate of low interest rates that is a healthy return on
investment. The City used a lower figure in this case because of
receiving public return in use of the park facilities and the
building during the non-school hours.
Mr. Colvin asked that Mr. Drouin's point of order be addressed.
presi~ent Fitz asked the City Attorney if Council was in error in
asking preliminary questions and taking Council comments prior to
public input? Mr. 8ievers stated the staff makes the presentation
and Council can ask questions of staff following their presentation
and then it can be opened up for public input.
Larry Eyer, Director Kitsap Community Action Program, stated the
Headstart Pre-school program is a well known quality program that
he believes will be with us for quite some time. The focus of that
program is to iow-income children and families within the
community. It primarily serves 3-4 year old children. KCAP has
been operating the Headstart program for well over 25 years. One
of the difficulties is finding and locating facilities for the
program and that is why this proposal is such a great opportunity.
Currently, KCAP does not have any programs in the East Park area
and this will allow them to attract Federal funding for purchase
and setting up a modular facility on that site, which requires KCAP
to have local contributions toward such a project. The
facility/program will serve iow-income East Park and Manette
residents with young children. Users of this facility will come
from a "within walking distance" category, will provide a play area
for public use as well as a meeting room for public use. He
expressed KCAP's appreciation of the opportunity to work with the
City on this project and urged Council's approval.
Gor~y Byr~, P.O. Box 930, stated this proposal sounded like one of
the best ideas brought to the Council's attention and it would
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provided a valuable program to little children that will give them
a boost in their future years of development.
Del F~auss, Chairman Friends of Bremerton Park's and Open Space,
stated after studying this proposal he contacted Dusty Rhodes, Pat
Carey, fo~mer Mayor Glenn Jarstad, Cecil McConnell, Rick Smith and
Andy Parypa and they all feel this project is a compatible use and
one they won't have to put up a fight against. His group does not
feel threatened or intimidated that it will be a precedent setting
issue for the Parks Protection Ordinance. Me urged Council to
support this proposal as presented.
Jeanie Johnson, Director of KCAP Headstart Program, stated this
venture culminates a 3-year long effort aimed at the betterment of
families living in the Bremerton/Kitsap County areas. It was not
difficult to convince the City of the importance of pre-school for
young children and she thanked everyone involved in aiding the
development of this project.
Mrs. Huff-Menees stated she was very pleased to see this issue
before Council and felt it was a wonderful shared use of City
resources. She could not think of a better opportunity to expand
a very positive program within the Bremerton community.
President Fitz pointed out this may be the first of many sharings
the City and community will experience. She stressed no one group
can afford to put together costly programs and the City will
probably have to partner up with other groups, such as the schools,
to provide needed services and facilities for the citizens of the
City.
#2164 M/S/C/U(Colvin/Huff-Menees) to approve the concession agreement
between the City of Bremerton and KCAP regarding the siting of
Headstart Facility in East Park.
6C - /%MEND OPERATING ~GREEMENT FOR WASTEWATER TREATMENT PLANT,
#AB94-049
Bond counsel has suggested clarification of the compensation
formula used in the contract with Metcalf & Eddy Services, Inc. to
avoid any possibility of non-compliance with Internal Revenue rules
for qualifying bonds as tax-exempt. Bonds funding facilities lose
their tax-exempt status when the facility is used directly or
indirectly in a trade or business by a private party. The City
will soon issue bonds for capital improvements to the treatment
plant and collection system operated by Metcalf & Eddy. If these
bonds do not qualify as tax-exempt, the City would have to pay a
significantly higher interest on these bonds.
A project might be considered a private-use project if the operator
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of the facility is not paid a fixed fee for at least 50% of its
compensation.
The current contract with Metcalf & Eddy, which runs to July 1997,
has four components which are combined for total compensation, each
with a variable for efficiencies achieved over a base level of
expected performance. The amended contract removes a small
variable from the Operations & Maintenance (O&M) component and
combines it with the more appropriate Electrical Power component.
This leaves the O&M component, which comprises approximately two-
thirds of the total compensation as a fixed fee only subject to
annual CPI adjustments. The reconfigured contract will not change
the level of compensation to Metcalf & Eddy, and is satisfactory to
bond counsel as clearly within the IRS guidelines for tax-exempt
financing for this City facility.
Rich Hanna, City Treasurer, explained the delay in getting the
agreement to the Council members was due to the fact that it took
longer than originally anticipated and that necessitated handing
out the signed copy of the document to Council just prior to this
meeting. He referenced Attachment D-1 BASE COMPENSATION, which is
the proposed amendment to the contract (labeled Amendment #2). The
compensation portion of the contract is made up of four
parts...labeled Base Cost "A", "B", "C" and "D". He referenced
Base Cost "A" - Operations and Maintenance and explained in the
previous contract this component of the cost is aggregated with the
other three components and the percentage of overhead that is
payable to the contractor is calculated on that aggregated base.
The modified contract attaches the contractor's Fixed Fee portion
at $74,880. Rather than being aggregated into the total and a
percentage, which is subject to a variety of variables include the
flow through the plant and other components, it is now a "fixed
fee". This was the essence of the change to the contract that was
necessary in order to clearly satisfy the IRS regulations. The
gist of that regulation was that over 50% of the compensation to
the service provider needed to be a "fixed" price rather than a
margin of profit or a margin on the operation of the plant. He
assured Council this does not increase the overall cost of
operating the treatment plant and does not increase the
compensation to the contractor, however, it does bring the City
into compliance with the IRS regulations, which allows the City to
issue Revenue Bonds on a tax exempt basis.
Mr. Law emphasized if you look at the changes and compute what was
paid to the contractor in previous years, it comes out to the exact
same amount.
Mr. Colvin requested clarification of the following statement: "The
owner shall be rebated 50% of all unspent operations and management
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expenses". Mr. Hanna explained the notation Mr. Colvin referenced
was Footnote #1 which refers to the total Base "A" expenses
($780,000), the target number for the total cost of the operation
and maintenance of the treatment plant. If the actual costs are
less than that figure, then those savings are shared equally
between the contractor and the City. Cost sharing does not affect
the compensation to the contractor labeled as Base "A" Fixed Fee.
Mr. Neville questioned if the City had three times the amount of
water flowing into the treatment plant, would the Fixed Fee amount
remain the same? Mr. Hanna stated yes, and under the circumstances
described the City would anticipate the $780,000 figure would be
exceeded. Mr. Neville questioned if the fixed number was
determined by an average over the last ten years of operations?
Mr. Hanna stated no, it is 9.6% of the target number.
Public comment - none.
#2594 M/S/C/U(Law/Colvin) to approve the attached amendment.
7A - PUBLIC HE/~RINGANDORDINANCE (FIRST READING) TO ESTABLISH THE
ULID FOR PORTIONS OF WEST KITSAP LAKE ROAD AND NORTHLAKE WAY (ULID
%327). #AB94-050
The City has received a petition requesting formation of a Utility
Local Improvement District (ULID) to fund construction of a sewer
extension along portions of West Kitsap Lake Road and Northlake
Way. Attached is a ULID boundary map. On February 16, 1994, the
City Council passed Resolution #2459 establishing March 9, 1994, as
the hearing date on formulation of the ULID. The estimated total
project cots are $624.800 of which the City will contribute
$300,000 from the Wastewater Utility Fund. The established
assessment will be $4,275 per lot.
Randy Witt, city Engineer, reviewed the previous events as
identified in the Summary Statement. The City received a petition
with signatures of over 60% of the people within the subject area
supporting the project. The project plans are approximately 80%
complete and he anticipates construction in summer of 1994. He did
have one recommendation for a change and that was to exclude City
owned Lot #30, which is approximately 33 feet wide and serves as an
easement for a six inch water line, which is a necessary part of
the City's distribution system. It is not intended that Lot #30 be
assessed as part of the ULID because it has no existing or
potential sewer usage and thus has no basis for a fair share
assessment. When the assessment was put together, he assumed
governmental properties were exempt from the ULID unless they
voluntarily participated. In his discussions with the City
Attorney's office about three days ago, his understanding was
corrected. To exclude Lot #30 from the description of the ULID
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area, Section i of the ordinance needs to be modified by the
description handed out just prior to this hearing. As he prepared
the ULID, assuming that the government property was exempt, he
assigned its participation as "0", and the change in boundary will
not change the assessment to property owners.
Tim Richard, Senior Engineer/Utilities, stated the project consists
of running a gravity sewer line in West Kitsap Lake Road from
approximately Camp McKean to Northlake Way. From that location,
there would be a pump station at the intersection of West Kitsap
Lake Road and Northlake Way and there would be a force main in
Northlake Way up to an existing gravity system near Kitsap Way.
Currently, the plans are 80% complete and recently they evaluated
a change from the original project changing from a pump
station/force main to a gravity line located along the north shore
of the lake. This line would be located between the homes and
approximately 30 feet from the lake shoreline. This option was
considered due to the fact it would reduce the initial cost and the
long term operation and maintenance cost would be eliminated. They
evaluated this option and found that the initial cost would compare
with the original plan and it would require the city to acquire
easements across 10 properties and there may be some objections to
these easement. A Shorelines Substantial Development Permit would
be required if the shoreline route was used, which would require an
additional 90 days to obtain the permit and would include a review
by the Department Of Fisheries. Mr. Richard did talk with the
Department Of Fisheries regarding this option and learned the City
is required to submit alternates to one that impacts the shoreline
area and they recommended the City pursue the pump station/force
main route because it does not impact the shoreline. If the option
method was pursued, it would bring about a one year delay or
possibly longer. This project and the alternate route was
discussed at a Neighborhood Meeting, conducted by Councilman Bob
Winters, on February 28, 1994. At that meeting, they polled the
audience twice, following explanation of the alternate route, and
both times it came to a tie vote. Considering the time delay for
permit acquisition and the need to acquire easements, they decided
to continue with the original plan of a gravity/force main system.
President Fitz asked the "Appearance Of Fairness/Conflict of
Interest" question with all members except Morrie Dawkins being
seated. Mr. Winters stated for the record that he does not live in
or around the ULID boundary area, however, he has attended meetings
and talked with many people and residents in the area as
representative of their district. Ian Sievers, City Attorney,
stated Mr. Winters was the best judge of any possible conflict and
could remain seated.
Mr. Neville questioned if he understood correctly that there would
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never be a need for sewer hookup on Lot #30? He also questioned if
a homeowner had two pieces of property and they guaranteed the
second piece would never be used with a sewer, will they be
excluded? Mr. Witt stated because of the size of Lot #30 he could
provide the assurance that it would not be suitable for building
considering the required setbacks and the fact that a water line
runs up the center of the site. He believes no one else within the
ULID boundary could made the same statement about their property.
Mr. sievers explained if there are two legal parcels under the same
legal ownership both pieces of property would benefit from the
sewer improvement. Even though there may be only one house that is
made more valuable because of the large lot size considering both
lots together, it is still receiving benefit being occupied and
used because of the sewer connection.
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Mr. Law requested the justification for the City contributing
$300,000 to the ULID. Mr. Witt restated for the record the history
behind the City's contribution of $300,000 towards this project.
There were numerous indicators that early on into the discussion of
the proposed ULID the Administration and City Council extended a
promise that if enough signatures to form the ULID could be
obtained, the City would make the $300,000 contribution. Mr.
Colvi~ stated during the earlier discussions the issue of Kitsap
Lake being contaminated and the fact it could not be remedied
without reduction of septic field use. Mr. Witt confirmed that
there was considerable discussion about the lake's condition now
and would it continue to degrade and how fast would it degrade.
Mr. Colvin emphasized that discussion also included the fact that
KitsapLake belongs to all the residents of Bremerton, not just the
residents living around the lake.
Judy Boller, Kitsap Lake resident, thanked the City Council for
their consideration of the ULID project and the $300,000 City
contribution. She handed out copies of a letter dated August 24,
1992, that stated a second meeting of the Kitsap Lake community was
held on this proposed project and at that meeting City staff stated
the City of Bremerton would contribute $300,000. Previously, she
provided the City Council office copies of that letter and she was
concerned whether or not the Council members received it.
Alioe ¥iera, 4847 NW Leber Lane, handed out a sketch of her
property and requested that she and her husband's property be
excluded from the ULID boundary. Her reasons for exclusion are:
(1) residence faces Leber Lane, not Northlake Way; (2) end of sewer
line will be behind their residence and they would not be able to
access sewer line without creating a lot of expense; (3) their
property is not in the Kitsap Lake drainage basin. Mr. Winters
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March 9, 1994
Page 13 of 14
questioned a notation on the drawing" 10 Year Old Septic (1100
gallon) Added monthly cost of sewer $68.90"? Mrs. ¥iera stated she
just wanted to show what it would cost her under the sewer rate
structure as well as the fact that their septic system is fairly
new.
Jack Lefcoski, West Kitsap Lake, stated he agreed with Mrs. Viera
that their property is not in the KitsapLake Watershed and that it
drains away from the lake. He asked Council to please consider
that in their evaluation. In his opinion, the Viera's would not
have a problem pumping up their sewage to the proposed sewer line
behind their residence. Mr. Overso~ pointed out that the Viera's
property does drain into Chico Creek. Mr. Lefcoski noted they
actually drain into Dickerson Creek. He emphasized 62% of the
residents in the ULID boundary area signed a petition and 62% of
those people either have a drain field problem that must be fixed
in the future or they fully realize Kitsap Lake is deteriorating.
He emphasized Kitsap Lake is a City park and felt the $300,000 was
"peanuts" compared to what it would cost to address resolving lake
contamination. Environmental groups are focusing their concern on
Sinclair Inlet, Port Washington Narrows and Dyes Inlet and once
they have addressed those water pollution problems he believes they
will focus their attention on fresh water resources. He does favor
the optional plan for the sewer project that would extended a
gravity system that would run along the lake shoreline. The main
reason he supports that method is the high cost of maintenance for
a pump system.
Mr. Overson questioned if it was intended to revisit some of the
old concerns, one of them being the Viera concern that Council
discussed and elected to include them in the ULID boundary? He
emphasized the Viera's own the largest piece of property on the
lake and their property will gain significantly from this
improvement. In regard to the $300,000 contribution by the City,
he believed the primary reason for granting those funds was the
fact that the City had made a promise and the whole ULID was based
on that promise. On the issue of going gravity or pump system, he
believed that decision needed to be made by the engineers.
#0426 M/S/C(Winters/Colvin) to approve Ordinance, on first reading,
establishing the West Kitsap Lake Road Sewer Extension Local
Improvement District (ULID #327) modifying the district boundary to
exclude Lot Number 30.
Vote on motion: In Favor: Overson, Neville, Farr, Fitz,
Huff-Menees, Dawkins, Colvin,
Winters
Opposed: Law
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With no further business meeting adjourned at 7:55 P.M.
KATHLEEN L. McCLUSKEY, Cit~ Clerk
City of Bremerton
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