HomeMy WebLinkAbout12/08/93TAPE #1156
UNAPPROVED DRAFT
CITY,COUNCIL MEETING MINUTES
DECEMBER 8, 1993
#00323
#0039
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 8, 1993, at 5:30 P.M.,
with Council President Eileen Fitz presiding. Council members
present were Richard Neville, Lynn Horton, C.R. "Tiny" Collins,
Morris Dawkins, Russ Johnson, Lon Overson, Al Colvin. Councilman
Hank Waibel was absent. 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 Rodney Smith of
First Christian Church of Bremerton.
CONSENT AGENDA
A. Minutes of Meeting -- November 10, 1993
#AB93-232
B. Minutes of Meeting -- November 17, 1993
#AB93-233
C. Bid Award Recommendation for Chlorine #AB93-234
Products 1994, Awarded To Jones Chemicals
M/S/C/U(Horton/Colvin) to approve the Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Dawkins) on December 8, 1993, the Council does
approve for payment those vouchers included and further described
as follows: 171439 through 171550 in the total amount of
$315,540.86; and regular payroll in the amount of $638,016.55.
COUNCIL MEMBER REPORT8
Mr. Johnson stated it was nice to be back home from his travels and
wished everyone "Happy Holidays".
Mr. Dawkins reported he attended the Pearl Harbor Day ceremony,
which was a nice memorial service followed by a reception at the
Bremerton Servicemen's Center. He encouraged everyone to stop by
the Servicemen's Center and view the memorabilia about servicemen
who have served from this area.
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Mrs. Horton stated it was good to be back after she and her family
spent several days visiting Manhattan, New York. New York is an
exciting city but in a way it is an intimidating city. One thing
she was again struck by, following her visit, was the amount of
graffiti and the sense that the gangs have taken over and people
have learned to live with it. She emphasized the need for
Bremerton to never give up on the fight against graffiti and gang
activity or allow them to intimidate our lives. Today, she
attended the Kitsap Regional Planning Council board meetings and
one of the things they discussed during the Department of Health
meeting was the fact Kitsap was the only County in the State that
has not experienced an increase in teenage pregnancy. She viewed
this as a credit to the Health District and their education
program. We would like to see incidents of teen pregnancy go down,
but at least it is not increasing and Kitsap County is leading the
State of Washington in that area. A meeting was held with
representatives from the Department Of Transportation on ferry
service for this area, which she found the content of their
presentation to be lacking. A major job of lobbying the State
Legislators, their staff and the new Transportation Secretary,
needs to be under taken so that changes can be made to the
presented Transportation Plan. The plan does not address
additional passenger only ferry service and talks about maintaining
the 1987 levels of ferry service to Bremerton and the overall ferry
service. Lastly, someone relayed the following question: "what is
the City's position on the "Norseland" lawsuit?" Ian Sievers, City
Attorney, stated there are some private lawsuits and a Department
of Ecology (DOE) clean up action on the Norseland site. For a
short while the City participated with some of the other parties,
Port of Bremerton, Kitsap County and the U.S. Navy, in working
toward a clean up agreement with DOE, while a review is made of the
City's liability position. On the clean up action with DOE, the
City Council's position and its response has been made public in
several letters to DOE, who is reviewing the Washington Model Toxic
Control Act, which was passed by Initiative 1986. Language in
that Act is very clear that parties that arrange for disposal of
toxic waste had to own or possess those wastes. The public outcry
was "let the polluters pay". The City's position at about the time
Norseland was for used as a disposal site was not as a generator or
owner of toxic waste or municipal waste of any kind, but as a
regulator of those wastes. The City had a control for pick up of
garbage that regulated rates and the means of pickup, but the City
at no time owned the waste or generated the waste. Therefore, the
City told DOE that it had no liability for clean up under
Washington's law. Mrs. Horton reported on December 7th she
attended the Pearl Harbor Day ceremony and one of the attendees was
a Medal Of Honor recipient, Bob Bush, whom she has known for many
years. When she was a child she was aware that Mr. Bush was a
Metal of Honor recipient, but it was not until she was an adult and
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actively serving on the City Council that she realized what action
he went through, as did many other people, to receive that honor.
She felt the speaker at that ceremony did a marvelous job relating
some of the horrors of the day that Pearl Harbor was bombed, which
really brought home how lucky we are to have had people go through
such experiences while protecting our country. She extended a much
deserved "Thank You" to those who served in that capacity.
Mr. Overson reported to get into the spirit of the season he and
his wife have been attending some of the local Christmas Tree
lightings.
Mrs. Fitz reported at the previous Council meeting a request was
made by a young woman asking that the City sell to her a piece of
property that use to be her homestead. Her intended use of that
site is to build a house on it. That piece of property is owned by
the Parks Department and located near Stephenson Canyon. President
Fitz requested the City Clerk to reiterate what Council has talked
about regarding that piece of property as well as other Parks
property. Kathleen McCluskey, City Clerk, stated that particular
site, along with the other City Parks' property, is protected by
the City's Parks Ordinance, which protects Parks property from sale
and development. The young woman making the request had gone
before the Parks Commission prior to coming before the City Council
and they denied her request. Those properties are strongly
protected by the City and there is no desire to see any of the open
space and current Park property developed. In Addition, this
particular parcel was acquired from the Federal Government as and
for Parks property and it would be very difficult, if not
impossible, to sell that kind of property acquired from the GSA.
A letter has been written explaining the City's position and
background on the site. She believed the Council's and Parks
Commission's policy has been to not sell any parcels that have been
designed as Parks' properties. Typically, the City likes to work
with people, but not with open space. Mrs. Fitz stated she wanted
to bring this explanation to the publics' attention so those
listening to the earlier discussion had an opportunity to
understand the City's response.
PUBLIC RECOGNITION
Mayor Louis Mentor reported on the following activities:
(1) Hospice "Tree Lighting" on December 3.
(2) City Hall Christmas Tree lighting December 4.
(3) Christmas Farmers' Market will continue each weekend until
Christmas.
(4) Meeting of Kitsap County elected officials at Olalla Grange
held December 4.
(5) Bremerton Yacht Club's cruise for special people, both
children and adults held December 5.
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(6) Luncheon held on December 6, at Olympic College, honoring Jacob
Lawrence, a nationally known artist from this area.
(7) Pearl Harbor Day ceremony on December 7.
(8) PSNS Tree Lighting
Mayor Mentor extended a special "Thank You" to Mayor Lobe, Mayor
Dawkins, Mayor Nelson and Mayor Jarstad, who hosted his wife,
Paulette, at a special luncheon where they expressed their
appreciation for the work that she did in getting all the past
Mayor's pictures assembled and hung in City Hall.
Upcoming events: Big Brother/Big Sister banquet evening of
December 8, at the Kitsap Pavilion.
Emily Mosha, Kitsap Community Action Program (KCAP) Family Advocate
with the Head Start Program, presented Mayor Mentor with a picture
collage that she put together of activities that took place at the
dedication ceremony for the 4th Street project on November 16.
Mayor Mentor accepted the gift and thanked Ms. Mosha on behalf of
the City.
Robert Ackerman, 3706 Arsenal way, referenced the construction
project of a multi-family facility being build on the old "Hadden
School site". It concerned him that development was being allowed
in the City without requiring additional open space be made for
parks.
Jack Lefcoski, West Kitsap Lake, stated he serves on the Citizens
Action Committee for growth management and in response to Mr.
Ackerman's request, one of their strong elements is to create more
kiddy playgrounds, not athletic fields. Where that kind of
development will most likely take place is in the new areas.
Builders will be encouraged to incorporate playfield open spaces as
part of their landscape. Mr. Ackerman stated what he is talking
about are areas around town where the only place for kids to play
is in the street, such as on Lafayette Street.
Phyllis Kimbel stated on behalf of the Kitsap Indian Center she
invited everyone to the mini POWWOW that will be held at the Amy
Bernett Gallery on December 11, 10:00 AM - 6:00 P.M.
Reverend Rod Smith, President Board Of Directors of Kitsap
Community Action Program, stated he was sure Council was aware of
the many things that KCAP is involved in as they seek to assist and
support families in Kitsap County. The continued growth of their
program has created the need for additional space, which they have
found in the 4th Street Building. KCAP is very thankful for the
City's support in readying the office space in such a short period
of time and their personnel are in the process of unpacking and
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getting settled in their new quarters on the 5th floor. KCAP has
reached the point of having 150 employees and brings the community
in excess of three million dollars each year. One of their dreams
has been to find ways in which they can continue helping families
become economically self-sufficient. They were aware that it took
more than providing emergency shelter. They have tried, in recent
times, to develop resources by which they could help people over a
longer period of time to maintain stability and to find the
resources for education and child care to get them in the position
of being economically independent. To that end, they have worked
together with the City and other elements within Bremerton to
create a model - a transitional house (duplex). He extended an
invitation to the City Council members to the ground breaking of
that facility, on Friday, December 17, 2:00 P.M. in the vicinity of
9th and Broadway. They are also hopeful that in the near future
they will have a parking spot for the citizens of that
neighborhood, which would be a joint venture between KCAP, citizens
and the City.
President Fitz acknowledged the attendance of a Brownsville Pack of
Weblos at the City Council meeting.
President Fitz stated when people bring issues up during Public
Recognition they may wonder why the City Council does not make a
respond at that time. She emphasized the City Council listens to
each person as they speak and may not be in a position to comment
at that time, however, they do tryto provide a response at a later
time. She did not want people to think the City Council ignores
issues that are brought before them.
6A - LETTER OF INTENT FOR ANNEXATION (10% PETITION) OF THE WEST
HILL8 ANNEXATION AREA INTO THE JURISDICTION OF THE CITY OF
BREMERTON, #AB93-235
This is the initial step using the Petition process to annex the
area designated as the West Hills Annexation Area into the City of
Bremerton. According to the state statutes (RCW 35.13,125), the
Council is to determine:
Whether the City will accept, reject, or geographically modify
the proposed annexation area;
Whether it will require the simultaneous adoption of a
comprehensive plan and land use designations for the area; and
Whether it will require the assumption of all or any portion
of existing City indebtedness by the area to be annexed.
Terrie O,Neil, Municipal Services Coordinator, stated the City has
received a certified letter of intent from the West Hills area.
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The letter signifies the interest of a property owner, in that
area, to annex that property into the jurisdictional boundary of
the City of Bremerton. The City Council, upon receipt of this
letter, must by State Statute take some action as noted in the
summary statement. At the time they received the letter of intent
from Chuck Hazelwood for his properties in that area, she developed
an address list of all properties in the general vicinity of Mr.
Hazelwood's property and sent a letter to everyone on that list.
The map included in the Agenda Packet reflects the area that she
feels has the strongest interest and meets the criteria set forth
by the State.
The second consideration is whether or not to require the
simultaneous adopting of a Comprehensive Land Use Plan. This plan
would give administrative zoning for the area should it be annexed
into the City. In this case, the City has already completed that
work and adopted a Land Use Plan and Pre-annexation zoning for that
area. That plan was scrutinized by the Planning Commission and
adopted by the City Council in February of 1990 under Resolution
#2287. Copies of that plan are available through the City Clerk.
Lastly, in considering whether or not the area should assume
proportional share of the City's indebtedness historically the City
has always required areas annexing into the City to assume those
existing debts because the taxpayers coming into the City would
benefit from the bonds that were passed. Current.ly, the City has
three outstanding General Obligation Bonds, two for fire issues
approved in 1979 and 1991; and a Library Bond. The Fire Bonds were
used to purchase and maintain firefighting equipment and would
benefit the subject area. The Library assessment was also passed
by the County residents and they would just continue paying that as
City residents rather than Country residents.
In order for Council to consider the impacts for annexing this area
into the City, the following statistics are offered: the valuation
of the area is approximately $10,250,000; approximately 170 parcels
of land and 117 separate owners with 126 homes. The approximate
population of the area is about 300-350 people and the area in
acres is 70 acres of partially developed land. Maps showing the
zoning, streets, sewer and water, which are provided by the City,
are attached to the West Hills Plan.
Mr. Collins questioned what happens to the political subdivisions,
i.e., precincts, when an annexation takes place? Kathleen
McCluskey, City Clerk, explained what the County does initially and
would do with this area is dependent upon the layout of the
precincts. They would either establish new City precincts or if it
is adjacent to City property they will absorb as much of the
population as they can into existing precincts. If the annexation
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area was huge, they would have to re-precinct everything. For the
most part, the County has been able to distribute them into
adjacent precincts. In one instance they actually created some new
precincts. Mr. Colvin questioned when did the County provide the
City with an official reconfiguration of the precincts? Ms.
'McCluskey stated the County realigned precincts/legislative/
congressional districts after the last census and provided the
City with that data. They did that so that the existing City
districts were not disturbed, however, next year when the City
starts the redistricting process, it is likely that precincts will be
upset to some degree.
Robert Ackerman, 3706 Arsenal Way, stated he felt the City was
annexing a lot of properties, but not increasing the number of
parks. He was not real sure of the boundaries of the proposed
annexation area. Ms. O,Neil explained the original area they
looked at was the entire West Hills area (properties west of
Highway #3, including West Hills Honda, City's sewer treatment
plant and everything west to Union Street traveling almost to Sun
Fjord. The area that is being proposed encompasses the area from
Oyster Bay Avenue west and from the sewer treatment plant and up
northern to the existing City limit lines. She did receive a
number of calls from people living in the Oyster Bay Avenue East
area and they have been excluded from this proposal. Letters will
be sent out to people, who were in the areas that she surveyed,
letting them know that they have been excluded from this proposal.
Mr. Ackerman noted some of his friends in the proposed annex area
never received a letter from the City so they would not have an
opportunity to voice their concerns. He questioned if this issue
would be settled during this meeting? President Fitz assured Mr.
Ackerman that this is just the beginning of the process.
Mr. Johnson questioned the logic for not going all the way out to
the freeway? Ms. O,Neil explained the City has a 10% letter of
intent from Chuck Hazelwood for $1.5 million dollars worth of
property and approximately four million dollars worth of Outside
Utility Agreements, giving the City approximately five million
dollars worth of property valuation. She stressed the annexation
area may still have to be reduced since what she proposed is the
largest area that the City would be able to annex under this
particular process. Mr. Hazelwood wants to annex his property,
which he conveyed to the City through his Letter of Intent, now the
City must act on that request. She received letters and calls from
other property owners indicating that they were not interested in
annexing at this time. She would not have had enough signatures
even if everyone in that small area Mr. Johnson referenced had
signed to leverage that area into the annex process. Mr. Johnson
stated he felt it was dumb to break it at the point being
recommended. Ms. O,Neil stated it makes a little more sense in
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that it connects the sewer treatment plant, which is now a County
island, to the City and takes some of the awkwardness out of some
of the boundaries.
M/S/C/U(Horton/Dawkins) to 1) approve the Notice of Intent; 2)
require simultaneous adoption of land use designations for the area
as specified in the West Hills Area Plan, adopted February 8, 1990
as a part of the City Comprehensive Plan; and 3) require the area
to assume a proportional amount of existing City indebtedness.
Mr. Overson requested that someone on the staff provide Mr.
Ackerman a copy of the City's Five Year Parks Development plan.
6B - SALE AGREEMENT FOR SURPLUS PARCELS AT WARREN AVENUE & 17TH
STREET, AND BROADWAY & 15TH STREET, #AB93-236
Olympic College is interested in purchasing the Warren Avenue shops
and a surplus property at Broadway & 15th Street. The Warren
Avenue site was declared surplus with the approval of the public
works complex on Oyster Bay Avenue which is now under construction.
The College is interested in the two parcels to expand its use of
the main campus site, including relocating one educational program
now separated from the main campus. The combined appraised value
is $213,500.00, as indicated in the October 1992 appraisal.
Ian Sievers, City Attorney, stated several points were brought up
at the pre-Council study session: (1) indemnity clause for
hazardous waste and whether or not it will be discernable whether
those wastes came from activities before or after. The full
indemnity clause is triggered only for activities on the property
prior to purchase and possession under the agreement, which results
in contamination by hazardous waste as well as discovery and clean
up requirements. It was also mentioned that neither of these
properties have been advertised for bid sales and Council should
add to their motion that bid procedures are waived on the property.
For the record, the Administration's position is to encourage
central campus growth at Olympia College. The College wants to
consolidate their activities using the Warren Avenue site, which is
currently zoned Central Bremerton Residential. In reference to the
small right-of-way remnant (about 6,000 feet), which is zoned for
Parks and Schools, if the City is not interested in maintaining it
as a park, then the only feasible buyer would be the College
because it is adjacent to that site. If a bid were involved, any
bid would have to discount the price for a rezone of some sort of
residential non-conforming use. Mrs. Horton questioned if the
property located on Broadway had gone through the surplusing
process and if it hadn't, would Council need to waive that whole
process? Mr. Sievers stated he was not sure, but felt it would be
safe to include that waiver. He checked with Carol Dickinson,
Development Manager, who had reviewed the sale of the two parcels
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with the Parks Board, who would address any parks needs for the
Broadway site. Mrs. Horton stated the Broadway piece is more like
a landscaping strip without out any improvements.
Mr. Colvin asked for clarification of the statement: "Seller shall
indemnify and hold the Purchaser from and against any and all
claims, demands, damages, losses, liens, liabilities, penalties,
fines, lawsuits and other proceedings and costs and expenses
(including attorney's fees and disbursement) which accrue to or are
incurred by the Purchaser on or after conveyance of the
property...". Mr. Sievers explained it is a general all
encompassing boiler plate phrase that is used in an indemnity
clause. It simple means as a prior owner of the property things
that have gone on the property up to the point of transfer, which
may have created some contamination with hazardous waste, will be
the City's responsibility and the City will indemnify them for any
claims brought by government entities or private parties to clean
up those wastes. The current state of the law now allows that a
purchaser, who is an innocent purchaser after studying the history
of the property and has no reason to believe there are hazardous
conditions, is exempt from liability under State and Federal law.
What the City is doing is conceding that it will be the City's
problem and liability. Included in the agreement is a process for
allowing the City to go on and find the most economical and
expeditious way to clean up the site, even if discovered at the
point of transfer of the property. Mr. Colvin questioned if the
City was liable in perpetuity on that site? Mr. Sievers stated one
thing the City is not doing is admitting liability to other
parties. All that is being done is telling this particular
purchaser that the City will hold him harmless in covering costs or
claims against him. Under clean up laws, there are lots of other
potentially liable parties, so the City may have its own defense of
clean up that could be passed on to another party or at least be
able to share with other parties that owned or possessed the waste
and were operating on the site. President Fitz noted the City did
have contaminated soil on that site and did clean up on that
project under the supervision of the environmentally concerned
agencies. She questioned if that site is now relatively free of
contaminates? Mr. Sievers stated following Ecology's guidelines
for remedial action, the City has done some excavation test pits
and wells to sample both soil contamination and groundwater
contamination for the petroleum hydrocarbons, the waste discovered
there from the City's past activities. That remedial action will
be complete by the end of the year and the test wells will remain
in place. The City did reserve the right to continue operating the
monitoring wells, which would be required over the long term in
Ecology guidelines. The City addressed the problem, got it under
control and it should not interfere with the sale.
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Mr. Overson asked for a better definition of the sites proposed.
Mr. Sievers pointed out the maps in the Agenda packet and described
the specific areas. Mr. Overson raised the issue of whether or not
the City followed the proper process for surplusing these sites and
if they had not, then steps should be taken to correct that
situation.
Mr. Johnson expressed concern that the appraisal value was a year
old and questioned if real estate prices had gone up or down over
the past year? He expected they may have gone up. Mrs. Horton
pointed out recent statistics have shown the length of time houses
are now on the market has gone up dramatically the past 6-8 months
over what it was prior to that time. Mr. Johnson stated he would
like to know what Olympic College was up to considering earlier
discussions how students couldn't walk across the street from a
parking area to the campus area. It concerned him that the College
appeared to not be buying up houses that are closer to the College
in order to expand. Mrs. Horton reassured Mr. Johnson the College
has purchased some houses near the College campus. The College
desires to move the automotive class room facilities currently
located on Callow Avenue to the "pink" building. However, to
accomplish their goal will require a rezone of the subject site.
Mr. Sievers stated since the Warren Avenue shop buildings have been
vacant for a year, they may acquire some non-conforming rights
since it is similar to what was previously housed in that facility.
#2108
President Firm pointed out the benefit to the City to keep Olympic
College in Bremerton considering the fact that they are being
courted by areas, such as shelton, Poulsbo as well as other places.
Mrs. Horton noted the classroom the College is proposing to move
onto the subject site is not presently on campus and moving off,
but rather bringing it closer to the primary campus grounds. In
terms of rotraining our community, she felt this was something that
the City needed to courage.
Mr. Neville pointed out residents in his district are not
objecting about locating the automotive classroom on the subject
site, but they do hope to continue a good working relationship with
the college. He did have a problem over zoning of the site due to
the Campus Evergreen Plan showing the site as residential. He also
wonders how the students will "make it across the street" now when
they couldn't the year before.
Public Comment - none.
M/S/C(Horton/Dawkins) to waive the standard surplusing procedure
for the parcel on Broadway and 15th Street and that the bid process
be waived on both parcels and to approve passage of the Real Estate
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Purchase Agreement; $60,000 will be retained out of the sale
proceeds to be used as follows: $31,350.00 to pay off the
Promissory Note to the Utility, $28,640 placed in the Facility
Budget as a line item to be used to move the SIU office. Any
unspent funds will be deposited back into the Accumulative Reserve
fund.
Mr. Johnson questioned where the Police personnel being displaced
in this transaction will be located and how will their move be
funded? He suggested retaining a portion of the proceeds from the
sale to facilitate relocating the Police personnel. Mrs. Horton
noted the Public Works and Utilities Director will handle the
relocation process. Kathleen McCluskey stated there has not been
any estimates made as to cost of moving SIU personnel. There has
been some discussion on possible locations, however, no decision
has been made and they are awaiting a response to Mayor- Elect
Horton following her review. To her knowledge no funds have been
budgeted for that move, however, she doubted it would be a costly
move since it is such a small office. Mrs. Horton stated she would
amend her motion to include the retention of $60,000 of the sale
proceeds to be used to pay of $31,350 to the Utility Department and
$28,650 deposited in the Facility budget to cover the cost of
moving the SIU office and any unspent funds will be deposited in
the Accumulative Reserve fund.
Vote on Motion: In Favor: Collins, Dawkins, Colvin, Johnson,
Neville, Horton, Fitz
Opposed: Overson
Motion carried.
7A - ORDINANCE (FIRST READING) ADOPTING THE 1994 FISCAL BUDGET,
#AB93-237
Sets forth the authorized limits for the 1994 Fiscal Year Budget
for the City of Bremerton. The proposed ordinance will adopt the
Mayor's 1994 Budget as modified by the City Council. Passage of a
budget ordinance is required by RCW 35.33.075.
Rich Hanna, City Treasurer, stated the Mayor, staff and City
Council had met a number of times in Study Sessions wherein the
Budget has been presented to the Council page-by-page. Following
that process, Council met in Study Sessions to deliberate the
changes, which they desired to make to the preliminary budget as it
was presented by the Administration. Those changes have been
incorporated into Council's document through the handouts provided
by his office since that time. The brevity of the Ordinance is
indicative of the fact that by reference a fairly substantial
document is being adopted and represents a well throughout
operating plan for the financial operations for the City for 1994.
Mr. Hanna pointed out one significant item is still being worked
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through both by the City Council and staff.
Mr. Colvin questioned by what percent did the budget increase over
the current year? Mr. Hanna stated the total budget increased by
5.5% over 1993 level.
president Fitz emphasized this is a "hold-the-line" budget with no
new programs and very little included for the hiring process.
Mr. Overson stated staff and Council worked very well together in
the budget sessions having good discussions and the level of
service is staying the same if not increasing in some areas. He
believes the interests of the City are being very well taken care
of given the limitation of funds.
Public comment - none.
M/S/C(Johnson/Colvin) to approve Ordinance on first reading,
adopting the financial budget for the several funds of the City of
Bremerton for the fiscal year 1994 and appropriating the amounts
set forth in each budget to each fund in accordance with RCW
35.33,075.
Vote on motion: In Favor: Overson, Horton, Fitz, Dawkins,
Colvin, Johnson
Opposed: Neville, Collins
Motion carried.
8A - CONTINUED PUBLIC HEARING: WEST KITSAP LAKE ROAD SEWER UTILITY
LOCAL IMPROVEMENT DISTRICT (U.L.I.D.), #AB93-218
The City Engineer has received a petition signed by a majority of
the property owners within the West Kitsap Lake Road Sewer Utility
Local Improvement District (ULID) boundary requesting sewer
improvements. Section 35.43,125 RCW requires a public hearing be
held on the creation of a proposed ULID that is initiated by
petition. The City Council meeting is the public hearing.
The total estimated project cost is $625.000. In working with the
property owners supporting this project, it was apparent that they
understood the City would provide $300,000 toward the project
completion. This was evidenced by handouts distributed at public
meetings. A search of the record shows no formal City Council
authorization to provide the funding. The estimated cost per lot
with the City contribution is $4,200, while the estimated cost per
lot without the City contribution is $8,000.
Pursuant to the petition, the City Council is requested to take
action on initiating the ULID and to provide a City contribution
toward the project. The options available to the City Council are:
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1. Direct the City Engineer to proceed with formation of the
West Kitsap Lake Road Sewer ULID and authorize a City
contribution in the amount of $300,000 toward the project.
Possible funding sources are the Wastewater Utility Fund and
the General Fund.
2. Reject the petitions to proceed with formation of the West
Kitsap Lake Sewer ULID because a City contribution of $300,000
is not authorized by Council, yet was assumed by the signing
property owners. The petition should be recirculated with the
understanding that the City will not contribute $300,000.
3. Proceed with formation of the West Kitsap Lake Road Sewer
ULID and not approve the City contribution. However, this is
not fair to the property owners who signed the petition
assuming the contribution, and should not be considered.
The Public Works and Utilities Department staff recommend Option
Number 2 above. An impression was made that the City would
contribute $300,000 toward the project, yet it was not formally
approved by the City Council. With the current City commitment to
reducing the combined storm overflows, reducing odors at the
Wastewater Treatment Plant, and maintaining and operating the
existing system, Wastewater Utility Funds are not available to
provide $300,000 to this project. Likewise, the City's General
Fund is not able'to support a $300,000 City contribution toward the
project.
Staff supports this project, but cannot support a $300,000 City
contribution. Therefore, the petition should be re-circulated
reflecting the lack of City contribution.
Randy Witt, City Engineer, stated as previously discussed, the City
received the petitions and did validate them. The issue before
Council is accepting the petitions and forming the district. As
part of that, there was discussion that the total cost of the
project is in the area of $625,000. In working with the property
owners supporting the project, they understood the City would
provide $300,000 towards the project, which has been evidenced by
the handouts from the City and a letter penned by Mr. Witt. They
were unsuccessful in their search of the records to determine that
Council had given prior approval for expenditure of $300,000 on
this proposed ULID. Council has before them two questions: (1) do
they want to spend $300,000 of City funds on the proposed project;
(2) does the City wish to accept the petitions and form the ULID?
He noted there are two people in the audience, who were not present
at the prior hearing, and would like the opportunity to speak on
this issue.
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President Fitz pointed out at the end of the previous hearing the
discussion had been closed to just the Council members, however,
she felt it was appropriate to allow people, who were not at the
previous hearing, to comment during this discussion.
Alice and David Viera, 4847 NW Leber Lane, spoke in opposition of
this proposal. There concerns are as follows: (1) feel they should
be excluded from the created ULID district because they do not feel
a part of Bremerton, their house fronts on Leber Lane, which is in
the County, and they have a berm house. (2) If Sewer line is put in
place, it will be at "roof" level. (3) Too costly for them to join
in the ULID. (4) Their septic system does not drain into Kitsap
Lake, (5) Their septic system is only 6-7 years old. (6)They are
not served by City Police or City Fire Departments. (7) They feel
City's sewer treatment plant does not handle well the current load
of users. (S) Bob Griffith, their neighbor joined in the petition
because he has problems with his septic system and feels the lake
should be saved from sewer drainage. If Mr. Griffith receives City
sewer service he must obtain an easement across their land, which
they do not intent to grant.
Mr. Witt provided a map showing the location of Mr. Griffith's
property and the Viera's property. The proposed project would
expand the sewer line up to Mr. Griffith's property. There is a
ridge in that area and the creek tends to flow in that direction
breaking the drainage basin. The Viera's did bring out the fact
that there property does not drain into Kitsap Lake and that is
supported by the information documented on the map. The petition
was amended to add this area before the signatures were collected
at the request of Mr. Griffith. The Viera's home is a unique home,
however, the proposed sewer would not run over the roof of their
house. The proposed design would allow Mr. Griffith to have a
pump station and a two inch line, with the sewer line would be
located around the Viera's house, but at some point the sewer line
would be higher than their house. It is not uncommon to have
property on the lake side pump up to the sewer line and West Kitsap
Lake Drive will be in a similar situation, however, those homes are
not bermed. Technically, it is possible to add Mr. Griffith and
the Vieras to the system by pumping up to the sewer line like they
are doing for a number of other properties. He acknowledge the
Vieras are in a different drainage basin.
Mr. Overson stated assuming this proposal goes forward the system
would be installed. He questioned if the connect up policy is to
require everyone to hook up as the sewer is available to them or do
they connect up on a voluntary basis? Mr. Witt explained the
ordinance reads that the only mandatory connections are those
dictated by the Health Officer. Mr. Overson stated the system
development does hinge on the support of all the people within the
identified area. He understand that the long term intent,
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particular with what is happening in the County with the
requirement for more stringent controls on septic, is that everyone
will ultimately be on the sewer. Mr. Witt stated Mr. Overson is
correct, with the sewer in place the Health Officer will no longer
allow people to update their sewers, but rather require them to
hook up to the sewer.
TAPE #1157
Mr. Overson questioned if the option of burying the sewer line
deeply in order to have a gravity feed was available? Mr. Witt
stated it is not one he would recommend nor would it benefit the
Griffith's or Vieras' properties. They did study various ways to
install the sewer line and what they are proposing is the most
economical method. Mr. Colllns questioned if Mr. Griffith and the
Vieras are included in the ULID area and it is approved, will they
be financially responsible whether or not they hook up to the
system? Mr. Witt stated yes, everyone in the ULID area will be
assessed their fair share of the improvements..
President Fitz asked Mr. Witt to respond to the comment that the
City's sewer treatment plant was not sufficient to handle the added
users. Mr. Witt stated the City's sewer treatment plant has
adequate capacities to serve this project.
Mrs. Horton questioned if Mr. Griffith's intention is to hook up to
the sewer system as soon as it is available? Mr. Witt stated it
was his understanding through discussions with Mr. Lefcoski, that
it is Mr. Griffith's desire to hook up to the sewer when available.
Mr. Colvin questioned to what degree has contamination to Kitsap
Lake been addressed. Mr. Witt stated overall Kitsap Lake was
studied in 1982 by Parametrix, Inc., and the outcome of that report
was the lake was degrading, but isn't at a point of crisis at this
time. The report recommended that sewers be installed around the
lake along with other improvements. In 1992-93 the property owners
asked the County to again look at the lake, which they did through
sampling and they found some degradation, but not enough to call it
a crisis situation.
Robert ackerman questioned if the City would be paying for all the
pump stations?
Mr. Montgomery, 605 N. Cambrian Avenue, stated he had no objection
to sewers being built, however, he objected to the City
contributing $300,000 towards the project. City residents are
already paying more than they should be for sewers.
Jack Lefcoski, Kitsap Lake Road, reminded Council members he was
representing 78 property owners. He was of the opinion the Viegas'
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home was not a full berm house and running a sewer line as proposed
past their residence should not cause them any problems. Mr.
Griffith and his wife are both elderly and thinking about selling
their home, however, because of drain field problems he doubts
that anyone will buy it. Mr. Griffith feels he would either have
to install a new septic system or be hooked up to a sewer line in
order to sell his property. It is geographically possible for Mr.
Griffith, if he comes on line prior to the Vieras, to dig a ditch
that could house both discharge lines. Such an arrangement would
be allowed by the City. Further more, Mr. Griffith has offered to
pay for the cost of digging such a ditch. Mr. Lefcoski agreed that
the Vieras are not on the Kitsap Lake watershed, however, their
drainage flows into Kitsap Creek, which is the outlet of Kitsap
Lake and their pollutants are flowing into Chico. Mr. Lefcoski
explained how the Vieras and Mr. Griffith were included in the ULID
boundary during a meeting of the interested parties involved in
this proposal. It was determined, at that time, to include all
City residents in that area, and Mr. Griffith wanted to be included
and the Vieras did not want to be included. The City Limit
boundary was established three years ago and the Vieras became
residents in that area only one year ago.
He referenced a recent newspaper article indicating the State is
bringing on some new septic tank and drain field requirements. The
proposed ULID covers an older part of the lake and most of the
drain field and tanks on the older side are between their homes and
the lake (on the downhill side). Todays rules will not allow such
placement...they must be 100 feet back away from the water.
Another "today" rule that did not apply when the older drain fields
were installed is the requirement to have an area reserved as a
backup. He personally questioned whether anyone on the west side
of the lake has an area for a reserve. Since he has a double lot,
he may have the necessary reserve area, but he knows of no others,
which means if their drain field fails they have no place to
expand. The Health Department doesn't know what to do to correct
the problems. He re-emphasized at the time Bill Duffy, City
Utility Director, presented this proposal to the Council at a Study
Session, the intention of protecting and saving the lake was
conveyed. He believes the lake is losing the fight against
pollution. In April of 1993, the Health District took water
samples from the lake and three were well above State minimum
requirements. The presence of E-coli in the lake is not in the
best interest of the residents and users of Kitsap Lake. There is
no way for E-coli to correct itself and what are the ramifications
for the City if someone using the lake becomes ill from E-coli and
brings a lawsuit against the City? He believes the City would have
no defense in that case since they had prior knowledge of the
presence of E-coli. He believes the time is right to stop further
pollution into the lake. Sixty five percent of the West Kitsap
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Lake area have said they want sewers and that does not mean that
everyone can afford it, but they acknowledge it needs to be done.
He emphasized the lake will not fix itself and we, the people, have
to fix it. Council already made a commitment to the project and
$60,000 has already been spent on the engineering design, leaving
a $240,000 balance. He would standby for any questions Council may
have.
Clemmeth E. Frost stated he believed the proposed sewer and near
completed design is great and if it is done so that the cost can be
amortized over 50 years, it will not hurt anyone to do that. The
same rules apply if someone has a good septic tank and it is
working...you don't have to hook up until that septic system fails.
He urged Council to either approve the project now or turn it
down...costs escalate the longer you wait.
Hal Reum, West Kitsap Lake Road, stated he and Mr. Lefcoski, in
good faith, went out and knocked on doors talking people into
accepting the proposal. From that effort, they obtained 65%
participation and 35% were not interested even after hearing the
proposal. They undertook this task based on information they
received from City officials and City engineers that the City would
be contributing $300,000. He did not want to have to go back to
those same people and tell them the City isn't funding the
$300,000.
Mr. Witt stated the City Council does have the authority to change
the boundaries of the proposed ULID area and if they wished to
delete the two properties, Griffith and Vieras, an additional piece
of property would also have to be deleted in order to keep
continuous boundaries. Even if there is a deletion of boundary
area, there will still be a majority number of petitioners to form
the ULID. President Fitz questioned if any deletion would increase
the cost for the other residents? Mr. Witt stated there would be
a slight increase, but the construction cost would not decrease.
Mr. Neville questioned what about the other people in the proposed
area who do not want to be part of the project, will they also ask
to be excluded? Mr. Wltt stated no other individuals have asked to
be excluded and once Council finishes the hearing he did not think
anyone else could make that request.
Robert Ackerman noted other lakes in the Puget Sound area have been
closed due to pollution, however, they have not been sued by anyone
who became ill after swimming in the water.
Mr. Johnson stated Kitsap County has never done anything to study
Kitsap Lake nor to keep it clean. The Health Department did take
some samples, which he felt was not done in the best manner. The
Department Of Ecology did do a follow up study in 1992, working
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with neighborhood residence and was published as a follow on report
to the study conducted by Parametrix, Inc., and Brown and Caldwell
in 1983. Urban lakes don't have to degrade, in fact KitsapLake is
doing pretty good, even with the septic tanks, but septic pollution
is one of the major contributors to fertilizing the weeds that can
choke the lake. He attended the meetings where residents were told
by the Utility staff and contractors that the City would do a
$300,000 match. That meeting took place right after the area was
annexed and he felt there is a real issue of integrity and
creditability. The City of Bremerton does look to annex people in
the future and he believed it would be detrimental to the City if
this proposal is denied for $300,000 out of the Utility budget.
There is no policy nor requirement for the City to make such an
approval other than what was done in other LID processes, like the
4Th Street LID project. He believes the promise was made by the
Utility because they were confident they could obtain a grant and
they didn't get one and are looking for an excuse to back out. The
reason for the excuse is not that Council didn't approve it, but
they would rather spend the money somewhere else. Kitsap Lake is
park property and funds are spent on other parks throughout the
City and he believes there is an obligation to keep the lake open
for swimming, fishing, boating. He encouraged Council to go ahead
and fund this project out of the Utility budget. He also believes
it will be inevitable that the City will have to sewer the lake and
within the 10 next years he would expect the Department Of Ecology
to mandate it. He emphasized at the current time interest rates
are down and it would be long-term debt.
Mr. Collins stated the minutes of the November 10th City Council
meeting reflect his feelings on this matter. He agreed with the
basic thought of the ULID, but he could not buy into the City
paying one half the cost. He emphasized the cost of other sewer
utility projects and the cost of the lawsuit settlement will have
to be borne by all the residents. He did not feel it was fair that
all citizens pay for the West Kitsap Lake area improvement. If
this proposal is approved it will set a precedent.
Mrs. Horton stated she firmly believes a person's word should be
the last say and government over the last several years has really
received a black eye because of lack of creditability. She
understands the position that other people in the City should not
have to pay for the west side of Kitsap Lake, but she also believes
it was interpreted to the people in that area the City would commit
the $300,000. At the referenced Study Session, she did not hear
one Council member object over the proposal to contribute $300,000
to the project. Whether the paperwork followed or not, she
believes the City Council gave agreement to fund the $300,000 and
she will vote that way.
#1352
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Mr. Overson stated it is significantly beneficial to the City to
support this project. No only will we get the facility in to
support this development, but we can then also add in the Navy
(Camp McKean) and other facilities beyond those facilities. The
City's contribution of $300,000 is worth it towards protecting the
lake. He emphasized the entire City will be paying for the Callow
Avenue Basin rebuild and Warren Avenue Basin rebuilt, the entire
City should pay for the preservation of Kitsap Lake.
Mr. Johnson stated there are number of lots, 15-20, that are
currently undeveloped in the subject area that will not be
developed unless sewers are made available. Building on those lots
will provide future income to the City.
M/S/C(Horton/Johnson) the City Council directs the City Engineer
to proceed with the formation of the West Kitsap Lake Sewer ULID
and authorize the City contribution in the amount of $300,000,
towards the project from the Wastewater Fund.
Mr. Colvin stated he believed the City would be remiss if they
didn't do what they could to stop polluting Kitsap Lake. He
believes the lake belongs to all Bremerton residents. He pointed
out the West Kitsap Lake residents would be paying in on the other
sewer projects as well as the lawsuit settlement.
Mr. Collins asked if the motion includes the source of the
$300,0007 Mrs. Horton stated no. Mr. Collins asked if a source
could be identified? President Fitz explained when this issue was
discussed in Study Session it was suggested to include it along
with other sewer related costs that must be financed through bonds.
Mr. Johnson stated he believed the City Treasurer's answer might be
that the cheapest way to do a debt issuance would be to combine it
with a larger one because the little ones cost a lot per dollar
just to process. Kathleen McCluskey, City Clerk, stated the
specifics as to how to fund it is something that needs to be worked
out, however, she recommended identifying the source of funding to
be in the Utility or the General Fund. If the Wastewater Treatment
Fund is identified, they will go and determine how best to do that.
Mrs. Horton stated she will identify such in her motion. Mr. Witt
stated his discussions with the City Treasurer, in relation to the
Wastewater Fund, was the possibility of funding the project out of
possible savings from other areas or increasing the bond debt. Mr.
Johnson emphasized nothing should preclude pursuing grants. He
asked the maker of the motion if she would add "'the Wastewater Fund
or such successor fund that may be formed with potential
reorganizations of the Utility". Mr. Overson questioned was that
something that would be done as part of any reorganization? Over
the next few years the City will be doing $30,000,000 worth of work
in the facility. Mrs. Horton pointed out all that was being done
#1670
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was giving staff direction. Mr. Johnson suggested the wording "a
Utility fund" because he does not know in the next few months what
the names of those funds will be.
Mr. Colvin questioned if the Vieras and Griffiths were included or
is there some exception that could be made because of their
particular position? President Fitz pointed out Mrs. Horton did
not make that a part of her motion. Mr. Colvin questioned if Mrs.
Horton would consider excluding the Vieras because they are not in
the Kitsap Lake Basin? Mrs. Horton stated the only way she would
consider that as part of her motion is if she tagged on if at any
time those parcels did join up they would share in latecomers fees
and recoup all of the same cost as the other residents. She
preferred including all the people in the ULID designated area.
President Fitz asked the City Attorney if there was a way to
exclude an owner? Mr. Sievers stated Council could exclude the two
parties identified by readjusting the boundaries proposed by the
petition. Mrs. Horton re-emphasized her motion includes the whole
ULID portion as presented.
M/S/F(Colvin/Collins) an amendment to the motion to exclude No. 1
and No. 2 from this proposal based on hardship reasons and if at
such time those parcels will need to hook up they will be assessed
latecomers fees on an equitable basis towards the total cost.
Mr. Lefcoskl stated he respects and admired Mr. Colvin's efforts,
but what he proposes with his motion is creating a monster because
Mr. Griffith would become an island and Mrs. Viera did state she
would not grant Mr. Griffith an easement to get across their
property. He suggested adding to Mr. Colvin's amendment "if the
Vieras' will give Mr. Griffith an easement". President Fitz asked
the City Attorney if that was a private property right? Mr. Sievers stated
he thought Council was proposing to adjust the ULID boundary.
Vote on amended motion: In favor: Colvin
Opposed: Johnson, Overson, Neville,
Horton, Collins, Fitz
Motion failed.
Vote on main motion: In favor: Johnson, Overson, Neville,
Horton, Colvin, Fitz
Opposed: Collins
Motion carried.
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With no further business meeting adjourned at 8:10.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
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