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HomeMy WebLinkAbout09/29/93TAPE #1138 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES OCT 13 1993 SEPTEMBER 29, 1993 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, September 29, 1993, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Richard Neville, Hank Waibel, Morrie Dawkins, Russ Johnson, Lon Overson, and Al Colvin. Council members Lynn Horton and C. R. Tiny Collins were 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 Rick Lund of Family Of God Lutheran Church. CONSENT AGENDA None CLAIMS/WARRANT 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. #0017 M/S/C/U(Colvin/Dawkins) September 29, 1993, the Council does approve for payment those vouchers included and further described as follows: 169680, 169681, 169683 through 169687, 169712 through 169866 in the total amount of $531,188.74; and Retirees Payroll for the period ending September 30, 1993, in the amount of $96,207.15. COUNCIL MEMBER REPORTS Mr. Johnson reported he received some phone calls from citizens complaining about traffic problems on Kitsap Way, llth Street and Wheaton Way. He hoped the City could provide directional signage giving the drivers advance warning so that they can know which lane to get in before they are totally committed to a particular route. Mr. Colvin thanked Mayor Mentor for responding to several complaints from citizens in District # 1. He stated he has been asked to seek the City Attorney's advise on how far can City Council members get involved in Initiative 601 or 602. Ian Sievers, City Attorney, stated since this is a ballot issue and Council members are public officials, their TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 2 of 16 responsibilities and restrictions are contained in RCW 42.17.130. The problem with this is that there are a number of legal opinions, in particular the Public Disclosure Commission, who made a number of rulings that Council members need to look at as far as deciding the nuances of how much they can get involved, what kind of facilities or other activities as an elected official they can carry out. He preferred giving each Council member a copy of documentation that summaries those opinions and then provide a summary response at next week's Council meeting. Mr. Dawkins stated we are having a nice month of summer in September and there is lots of action at Gold Mountain Golf Course and on the softball fields. Mr. Waibel stated in reference to Mr. Colvin's concern about Initiative 601 and 602, he certainly understands that Council members cannot take a position in this forum. Mr. Neville reported he attended the Parks Commission meeting on Tuesday evening, where they discussed the replacement of Roosevelt Field. He thanked the Commission for their hard work over the past two years trying to resolve the issue of how to replace the loss of Roosevelt Field. He announced Kitsap Community Action Program (KCAP) will hold a meeting on October 5, 5:00 P.M., at the KCAP Office on Park Avenue (Old Smith School), to discuss the piece of property they purchased near the Warren Avenue play field. KCAP wants to explain to the neighbors in that area exactly what they hope to do with that site. PUBLIC RECOGNITION Mayor Louis Mentor reported he received a "thank you" letter from the Neighborhood Christian Center expressing their appreciation for the assistance they recently received from the Police Department. He briefly reviewed activities over this past week that included: September 23 - opening of the new Mt. View School on Perry Avenue. September 24 - Sunday Farmers Market had a great day and good turn out. Activities on the boardwalk included a display of old time tractors. September 23/24 - Kitsap Mental Health Services held a fund raising golf tournament. September 22 - Bremerton Central Lions Club held a successful TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 3 of 16 funding raising event - Seafood Dinner and Auction. Mayor Mentor stated he is very much aware of the various construction projects going on in the City and has personally experienced delays. He reminded everyone that the Warren Avenue Bridge work is a State project and not a city project. Because there is such a short time to fit in road construction projects throughout the year, traffic can become jammed up within that time period. He noted the following up coming event - September 30 - Bremerton Area Chamber Of Commerce Installation Of Officers. October 1 - Soroptomist Club is holding a funding raising auction at the Son's Of Norway Hall. He was pleased to report that his wife, Paulette, had completed a two year effort to collect pictures of al!l the people who served as Mayor of the City since 1901 to the present time. A display of those pictures have been arranged in the entry of the City Hall building. He emphasized how large a job it was to gather all the pictures needed since there were only four photos available from City files. Some photos were taken off newspaper articles and he hoped that someone within the community might have some better copies of those Mayors and would be willing to let the City use them or have them copied. As a note of interest, the City of Bremerton started out in 1901 with a Mayor/Council form of government, then changed in the 1930's to a Commissioner form of government and then back to a Mayor/Council form in 1983. President Fitz announced the Work Release Facilities Siting group will hold a meeting on October 4, 2:00 - 4:30 P.M., at the Silverdale Community Center A-Frame. The purpose for this meeting is to seek some other pieces of property and looking at other sites. She will be attending that meeting and she encouraged anyone who is concerned where a work release facility might be sited to attend that meeting. Mr. Johnson requested President Fitz to suggest to that group that they consider holding a meeting in Bremerton outside of normal working hours. President Fitz stated she would convey that request. Cecil McConnell, Almira Drive, stated in reference to action taken by Council the previous meeting on waiving the 60-day time limit for submittal of items to BCAT, he believed the deciding factor in that instance should be that TCI and BCAT would decide whether or not BCAT could meet any requests that are submitted past the 60-day deadline, not the City Council. He noted one of the issues on the November ballot did not qualify until after the 60-day deadline. He wished the committee of the Council that controls this would very seriously consider giving Mr. Hirsch a say as to whether or TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 4 of 16 not something can fit into BCAT's schedule. But, every effort should be made by the City Council to get issues to the public, especially informative issues. He was also concerned about appointment of people to City commissions who are not residents of the City. It was his understanding that a recent appointee to a commission resigned following disclosure that they did not meet the residency requirement. He emphasized the City Charter requires that members of boards and commissions be City residents. It concerned him that someone "blew it" on this particular appointment and he hoped that steps will be taken to correct the process so that does not happen again. Don Atkinson, Bremerton Main Street Association, announced they are saluting the Federal employees this week and took the opportunity of the Combined Federal Campaign kicking off on the boardwalk between 10:00 AM - 2:00 PM on Saturday. In conjunction with that event, the downtown merchants will hold a sidewalk sale on Friday and Saturday and from noon to 4:00 P.M., a country band will be performing at the intersection of 4th and Pacific. He noted the Amy Burnette Gallery was still enjoying their grand opening of a wine shop as part of the gallery facilities and the Huntington Mercantile grand opening was still underway. In response to Mr. McConnell's comment on the possibility of getting November ballot issue on the access channel, he has had numerous contacts with the City Clerk and Mr. Hirsch (BCAT) this past week and is close to finalizing three-four forums. The plan is to broadcast the tape from the Chamber Of Commerce discussion on Initiatives 601 and 602 that occurred several weeks ago. Then, Main Street Association, The Sun and League Of Women Voters will join for two forums, one tentatively on October 8, 6:00 P.M., at TCI's studio, a one hour panel discussion with the Mayoral candidates and a 30 minute panel discussion to follow with the Zellinsky/Law (Council District # 3) candidate debate. On Friday, October 15, 6:00 - 7:00 P.M., a forum will be held on the proposal to change the form of government with Larry Stone speaking in favor of the change and Louis Soriano opposing that change, followed by the Huff/Festag (Council District# 7) candidate debate. The intent is to cover the issues in a comparatively short period of time and during a period of time when people will be viewing it live as well as rebroadcast on the access channel. He announced there is a deadline for the sale of 1993 bricks on the boardwalk. If the weather continues in its current mode, centennial bricks will be engraved yet this fall. Mr. Atkinson announced KCAP is one of the beneficiaries of Kitsap Party. KCAP has tickets available and are anxious to sell them with the offer that they will be delivered to "your door step". Ticket price is $30.00 per person. TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 5 of 16 President Fitz questioned if centennial "granite" blocks were still available for purchase? Mr. Atkinson stated no, however, he does have a waiting list for granites and there have been some preliminary discussions with the Parks Department about alternative sites that eventually could be used for mounting additional granite blocks. Mr. Colvin questioned Mr. Atkinson if the public will have the opportunity to pose questions for the public forums? Mr. Atkinson explained anyone wishing to submit questions for the public forum scheduled may do so by mailing them to the Main Street Office, 245 4th Street, Suite 201B. He explained programming will be done from the TCI studio so that precluded direct audience participation. Gordy Byrd, P.O. Box 930, stated he wanted everyone to know that even though he was having difficulty because of seizures, he was still accepting donations for his shelter for the homeless. He expressed his appreciation of the Harrison Hospital staff for their help and concern during his recent visit to that facility. He will be "taking things easier" for awhile so that his health can improve, but he didn't want the public to think that he had stopped collecting for his shelter project. He also wanted people to know that if they don't see him around, he is busy attending classes at Olympic College. Beau Erickson, spokesperson for POWER, Inc., 1902 6th Street, reported POWER received its Articles of Incorporation and elected Officers at their last board meeting. The election went as follows: Robert Boddie Jr., Executive Director, Sam Rachel, President of Board Of Directors, Burnette Forte, Program Coordinator and Mr. Erickson was named spokesperson for the organization. POWER's primary purpose is to offer an alternative to the gang violence and gang influence in Bremerton. He extended a special "thank you" to Steve Russell of Hazelwood Corporation, a founding member of the corporation, Jim Garguile from Red Apple, who has offered a 1% cash back program to help fund youth activities, and Dennis Quinlin of TCI, who has begun a 26 week training program (free) for 10 youth from the City. POWER's next meeting is scheduled for October 7, 7:00 P.M., at Mt. Zion Missionary Baptist Church. Steve Russell and Dennis Quinlin will both be speaking at this meeting. He announced a public forum on Initiatives 601 and 602 is scheduled at Olympic College on October 7, 12:00 noon to 2:30 P.M. Phil Olwell, Wycoff Avenue, referenced a recent newspaper article about the upcoming Mayor's race and the statement made by Mayor Mentor that during that primary election and results from it you get the negative anti-people coming out and those TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 6 of 16 that think everything is ok and think it is a "shoo-in" won't show up. Mr. Olwell pointed out he showed up and voted in that primary and he'll show up and vote again in November. He emphasized that negative or tearing down comments on issues is not productive and things need to proceed to improve, however, while that progress is being made there needs to be organization. The Police Levy that was approved by the citizens was to fund a D.A.R.E. officer for 12 months. For the third and last time he is again raising that issue. Captain Hatfield commented on that issue at the previous Council meeting, however, to his credit Captain Hatfield was not in on this from the initial start up. He is now being asked to respond with answers to questions that he hasn't heard before or doesn't understand. Last week Mr. Olwell came before Council to speak on two issues, one was an internal audit that was conducted that had to do with the Bremerton Police Department and Bremerton Housing Authority. At that time, he was raising a question on the audit and not attacking the Police Department. The second issue he brought up at the previous meeting was why are paid staff and paid members of this administration not able to iron out a simple thing as to why an officer is not working in the capacity that he was so intended by the voters and taxpayers of this City. While he appreciates Captain Hatfield's visions of last Wednesday, he himself stated that Officer Fitzpatrick, who is the second D.A.R.E. Officer, who should be working with the schools and doing proactive things, will start up again in January. He reminded everyone that the citizens levy was passed and voted in to start from January 1, 1993 to December 31, 1993. He emphasized Officer Fitzpatrick might not be here in January of 1994 to teach in the schools. Captain Hatfield did state the D.A.R.E. Officer has work 8-9 months in the D.A.R.E. Program, however, it was Mr. Olwell's understanding that Officer Fitzpatrick has not worked in that program since June. He asked members of the Bremerton School District, parents and teachers if a second D.A.R.E. officer was needed and if so, there was one that was already paid for out of his and other citizens' tax monies to meet that need. He reminded everyone that he and his committee took a personal interest in the Police levy funding and he made the commitment that he would not let it die. He has followed up and given reports to the public on the Police levy, voiced concerns, patted people on the back when credit was due, however, it is not an easy road and some positive things are just starting to happen. He emphasized it is up to this Administration to see that the last three months of the Levy are carried out in a way that the voters asked. Mayor Mentor stated for clarification that there was only one TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 7 of 16 audit made of the Police Department/Bremerton Housing Authority contract. The help given to pass the Police Levy was greatly appreciated and the money funded will not be used up in one year due to the inability to hire all of the needed officers. Those funds will be carried over into 1994 and will be spent on the purpose for which it was generated. The D.A.R.E. Officer can only work when there is work to be done in schools and the schedule into the school system is regulated by the School District. He emphasized when the D.A.R.E. Officers is not working in the D.A.R.E. program, he works in other education ways, such as Neighborhood Blockwatch, public relations work with youth as well as with the Task Force. Mr. Overson stated he had occasion to review the budgetary report on the levy and he believes the City had spent 72% of those funds by the end of August. At that rate, he could not see how the remaining funds could be stretched to the end of the year. He was not sure how it would all fold out because part of the funds were for capital use and part for Police Officers. President Fitz stated she will ask the City Treasurer to provide an update report on expenditure of the levy funds next week. Don Larson, 135 Rainier Avenue, announced on October 2 the CFC (Combined Federal Campaign) will have some activities on the boardwalk, and the Washington Scuba Alliance will have an exhibit at that event. On that same date, the People For Puget Sound is having a Celebration Of The People in Seattle, Pier 70 and is open to the public - 1:00 P.M. to 7:00 P.M. Additional information on that event can be obtained by calling 1-800-PEOPLE-2. Also on the weekend of October 2, an Oyster Festival will be held in Shelton and part of the Washington Scuba Alliance group will man "touch tanks" of sea life at that event. On October 16 People For Puget Sound will hold a Kids Day and guidebooks for that event are available by calling 1-800-PEOPLE-2 or they may be picked up at Key Banks. Mr. Larson has sent letters to Congressman Norm Dicks and Senator Slade Gorton and Secretary Of The Navy requesting their assistance in securing a ship for Bremerton to be used as an underwater park. He also believes taking the sail off of a submarine that has been cut up for disposal would also make an interesting underwater park. He is working out details with the Department Of Fisheries about Council's concerns regarding use of ships as an underwater park and a meeting has been set for November 9, 3:00 P.M., in Tacoma at the Metropolin Parks Building. That meeting is being held in Tacoma is because Tacoma officials are ready to move ahead with a park preserve at Titlow Beach. He received a call from the Army Corps of Engineers this date about that meeting, however, they were not sure they would have representation TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 8 of 16 available to attend that meeting. He hoped that someone from the City would be interested in attending that meeting. Shannon Cook, 256 Burwell Apt. # 202, reported two weeks ago the Chief of the Navy toured the Naval Hospital. She announced the church she attends will be holding a barbecue on November 7. 6A - RATIFICATION OF CONSENT DECREE FOR REMEDIATION AND SETTLEMENT AGREEMENT REGARDING AIRBORNE DISCHARGES, #AB93-191 The City has negotiated a Consent Decree for remediation of treatment plat emissions with the Puget Sound Air Pollution Control Authority over the past several months. The agreed operational changes at the treatment plant and extensive plant improvements will assure continued compliance with PSAPCA's standard of best available control technology for odors. The Decree schedules extensive covering of plant facilities and.an improved air scrubbing system for completion by the end of 1995 at a cost of 3 to 4 million dollars. Settlement of the West Hills Association suit has also been negotiated, incorporating the Consent Decree and phased payments totaling $4,356,901.00. As part of this settlement, odor easements have been acquired on plaintiffs' properties during the period of plant improvement. Steve DiJulio, Attorney from the law firm of Foster, Pepper and Shefelman, 1111 Third Avenue Suite 3400, Seattle, stated his firm has served as special counsel to the City of Bremerton, City of Port Orchard and other Kitsap County and Washington jurisdictions for decades on special projects. A little over a year ago the City of Bremerton asked them to assist in the defense of the matter of the West Hills Association vs. the City of Bremerton. At this time, he comes before Council as a reporter, not necessarily as an advocate regarding the history leading up to the litigation and the resolution of that lawsuit. By way of background, the City of Bremerton has in the past accepted responsibility for managing its sewer and wastewater utility issues. The first wastewater treatment plant was constructed by the City in the early 1940's. During the latter part of the 60's and '70's and into the 80's the City of Bremerton's wastewater was treated at two plants, one at Charleston Beach and one at Manette. During the 1970's in conjunction with Kitsap County and other jurisdictions, a Sinclair Inlet Plan was studied and adopted. Various alternatives for sewage treatment were considered, the final plan however called for construction of facilities at Annapolis plant in Port Orchard, Manchester and at the TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 9 of 16 Charleston Beach facility. This was a process and a plan that was reviewed and agreed upon by all jurisdictions - County/Cities and Sewer Districts. In 1979, consistent with that plan, the City of Bremerton contracted for the design of the new system and the new plant at Charleston Beach. There were delays with respect to the implementation of that program and at that time the City lost the opportunity to secure full grant funding of such a facility in contrast with Kitsap County who were able to receive substantial grant funds for its Central Kitsap facility. Finally, in 1982 and 1983 the City determined to go forward with the project and construction commenced on the new facility at Charleston Beach and the reconstruction of the City's wastewater collection system in order to transport sewage from throughout the City to the Charleston Beach plant. In 1985 the plant began receiving and treating both primary and secondary treatment the waste from throughout the City and treating all of that waste as the Manette plant was closed. This community is aware that not soon after commencement of operation complaints were registered with regard to the odors being emitted from that plant. Two years after the plant was opened, the City changed operators and entered into the contract with the current operator for operations. Odor complaints continued and in 1989 a lawsuit was commenced by the West Hills Association consisting of some 105 individuals, who lived in and around the treatment plant and in the Navy Yard City area. Throughout the next years additional motions and litigation practice commenced and additional parties were added. In 1992 the City named additional parties to that lawsuit, the sludge contractor as well as the plant designer, and the matter proceeded to be prepared for trial. A trial date had been set for June of 1993, and in anticipation of that trial the City and the plaintiff's representatives sought an effort to settle that case and sought the services of a recognized mediator for that purpose. In early May the trial Court on its own motion continued the trial from June until October 1993. During that same period, a mediator was selected and the parties entered into intense mediation effort, including the participation of members of the West Hills community, Council President Fitz, Councilman Horton and Mayor Mentor. That mediation effort proceeded through May and June and during that period they met regularly with the City Attorney's office, Administration and City Council to seek guidance and direction with respect to the course of the City's defense and possible settlements. Initial frameworks for settlement were reached at the end of June and early July of this summer. The framework for this settlement provided not only for the compensation to the plaintiffs' claims without admitting liability, but also a commitment to fix the plant. That required work with Puget TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 10 of 16 Sound Air Pollution Control Authority (PSAPCA) and those efforts were undertaken in July and August of 1993, finally a Consent Decree was reached with PSAPCA and executed on September 22, 1993, calling for a program and plan for plant improvements in order to provide for more modern odor control technology to address those issues at the plant. During the course of negotiations with PSAPCA, with respect to the Consent Decree, they were also finalizing the terms of the settlement with the West Hills Association. A guardian a__d litem was appointed by the Court to represent the interests of the minor plaintiffs and that report of the guardian ad litem was presented to and accepted by the Superior Court on September 17 and on September 24, 1993, consistent with Council's prior direction to him, the settlement agreement was entered and the case was dismissed. As previously outlined in the Agenda Bill summary, the terms of the settlement provide for payment of 4.3 million dollars over a six month period to the plaintiffs' group. The City has not participated in or in any way influenced the manner in which that payment is to be distributed among the various participants and is to be resolved by the West Hills Association. In addition to that, Council is aware that the City has committed to enter into a Consent Decree with PSAPCA and with the plaintiffs to a plant fix that will provide the City with a manageable construction schedule outlined in the Consent Decree providing for plant improvements to be constructed prior to January 1, 1996. Additionally, the City will consider a cooperative potential acquisition effort of properties as additional buffer in and around the treatment plant. The City will maintain not only the existing plant telephone hotline to receive odor complaints and respond to those complaints, but institute a further program to receive complaints regarding operations of the sewage treatment plant. This settlement, combined with the City's settlement earlier this year with the Department Of Ecology with respect to the combined sewage overflow problem and with the Puget Sound Alliance to provide for a comprehensive approach to taking the City's wastewater and sewage treatment program into the next century, is one that will be before Council on a yearly basis as the City faces various programs both for correcting the collection system and the treatment plant itself. He recommend confirmation of that settlement as agreed to. Cecil McConnell, Almira Drive, stated he had several questions: (1) what has been done since this decree was signed and if nothing has been done to initiate action when will it be initiated? (2) By what method is this indebtedness going to paid off by the City of Bremerton...where is the TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 11 of 16 money coming from? President Fitz explained the Consent Decree was just signed on September 24 and she believed Mr. Chu and the Utility Department are already working on the problem. Actually, over the period of time that this issue was in mediation there was extensive work being done by the department to begin the process we felt we would have to start with. Mr. Overson stated this problem/issue has been around for years and he views this and recent past lawsuit action relating to the treatment plant/sewage as a severe failure of the City. He raised the question if one goes out to the treatment plant tomorrow what will you smell? He believes the treatment plant smelled worse this year than it has any year before. He emphasized this thing has been in process for years and nothing has been done. A deadline is coming up and from what he understands there is no plan, but hopefully the City will try to generate one. Mr. DiJulio stated in answer to Mr. Overson's question as to what has been done, shortly after the City of Bremerton entered into a Consent Degree and actually prior to the Consent Decree with the Department Of Ecology (DOE), the City had begun its program to correct the CSO situation. Earlier this year, even prior to the mediation effort, the City began initial efforts with respect to odor remediation at the plant. There have been some improvements made at the plant prior to summer of 1993 and those are not the kinds of programs being addressed in this settlement. In addition to the capital program that is being addressed in the settlement, there are operational changes that are being addressed as well. A program and plan had initially been drafted and presented to the Public Works Department in the early part of 1993, frankly that program will be readdressed as part of this ongoing effort. In answer to the question by what method will this indebtedness that the City has incurred be funded, the City issued revenue bonds earlier this year to fund the initial portion of its CSO program. The City sought during this year grant funding and to his understanding that grant was denied as were many of the grant applications submitted to the State of Washington. Similarly, in this case the City will have to issue its revenue bonds to fund the improvements to the utility system and that necessarily will mean that rates will be impacted by that action. How high rates will have to be adjusted will depend upon analysis of the finance department and the City's rate consultants, who will be reporting back to Council. Council will conduct the necessary rate hearings and amend those rates based upon the report of the rate consultants. It is clear that rates will have to go up to fund the various settlements. Mr. Colvin questioned if he understood Mr. DiJulio to state that in 1982 the City had an opportunity to receive grant TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 12 of 16 funding from the State to build the treatment plant? Mr. DiJulio stated there were substantial monies available to local governments in the earlier and latter parts of the '70's, upwards of 75% to 80% grant funds. Unfortunately, at that time there was concern that even increasing the rates by a small amount to pay for a 20% share would not be received well by the City of Bremerton, there was delay, then further delay and finally it was only after the change in government when a new Council was seated that the actual decision was made to accept, at that time, a 50% grant and proceed with the improvements. Some of you may be aware that there are communities in the Puget Sound region who ended up not proceeding as they were required to do in the early part of the 80's and only in the last few years implemented secondary treatment programs and those programs did not receive the grant benefits that the City of Bremerton received. Mr. Colvin questioned if this action will end the odor problems at the treatment plant? Mr. DiJulio stated he wished he could give such a guarantee or assurance. The assurance and guarantee that can be given is that the City's attention will be focused on this and that the problem will be addressed in a manner that it has not been addressed in the past. The question of what about the possibility of insurance and other parties has been raised...he is investigating that point and will be meeting with the City's broker of record to review further the chronology and list of the various policies that the City has had issued to it over the past 10 years and will be advising Council about the potential for insurance coverage with respect to these claims. He is also evaluating, as previously reported and known as a result of prior litigation, the possibility of both the plant designer and contractors at the site as to their potential responsibility for these issues. While he could make no representation as to the responsibility of others, he will be exploring those possibilities on behalf of the City. Mr. Overson stated in part answer to Mr. Colvin's concerns, the previous Director Of Utilities submitted a Bremerton Wastewater Comprehensive Plan in 1992, that pointed out that a 1991 document is before the State to correct these and some other problems. If the City had proceeded with that plan, Mr. Overson felt the City would not have had a lawsuit on one account, however, he guessed that the plan was politically unacceptable so the City chose to take another route and thereby got sued and then lost the case. But, a part of that pointed out the bill was approximately $28,600,000, based on that Comprehensive Plan estimate, and now we have to add to that the cost of the lawsuits. He doubled anyone would, at this time, announce a figured quoted as to what that would TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 13 of 16 fold out to be on the rates because it was "just plain scary". An interesting question to ask is whom else can we include in the suit to try and get back funding, but he still has not seen anything that says how the problems will be solved. Personally, if he had the choice, he would say instead of building a boardwalk we should put three million dollars into solving the odor problem at the sewage plant, which would have done this City more good. President Fitz pointed out the funding for the boardwalk could not have been used for the sewer treatment plant. Mr. Overson emphasized he was speaking to solving the odor problem. President Fitz stated she agreed that Council was not willing, at this time, to say exactly what it will cost to solve those problems because all of Council's deliberations have been speculation on what future rates may be for costs to solve the problems. Council will be studying this issue and public hearings will be held to discuss the impact on sewer rates. Mr. Colvin questioned if President Fitz was saying Council inherited this problem as a Council? President Fitz stated she did not feel it mattered at this point where the problem came from or how long it has been there, it has to be solved and that is the job of the City Council members to figure out the best and most economical way to fund the improvements. It will not do any good to argue about whether the City missed out on grant funding in 1982. What the City has to do is to live up to its obligation under the Consent Decree and step up and make the improvements. Mr. Colvin emphasized he hoped we do learn from out past history. Mayor Mentor stated he agreed that a lot of things should have been done, unfortunately in 1992 the lawsuit was already filed (1989), which was prior to his coming into office. What has to be done now is to solve the problem and effort has already begun, about a year ago, when all the consulting engineering firms, who had anything to do with the wastewater treatment plant, were brought together to readdress the identifiable problems and possible solutions. It is unfortunate that solutions were not found in past years, but it wasn't and now action must be taken to "fix the plant". Mr. Johnson stated he had sat through lots of these meetings starting with the rate hearings in 1983.. He reminded everyone that at that time the City was under a building moratorium until a new sewer plant was constructed. That left the position of "do you let Bremerton die" or "do you go ahead and take the 50% grant funding and build a new sewer plant" which the City chose to do. Over the years there have been rumors floating around that Council deleted the odor control system to save money, however, to the best of his knowledge no such system was ever deleted from the plans. There was every TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 14 of 16 effort made to cut back the cost of the plant simply because the number one issue in those rate hearings was rates. Since then, and not starting just in the last 1-3 years, there have been a series of things which have been done to solve the odor problem, which didn't work because it still stinks. Some of the things that were done included: design and operational changes in the bio - towers, berming and landscaping, various chemicals were injected at several locations along the line. In the summer the odor becomes worse because of the large pipes, particularly those coming from the east side, do not have a lot of water flowing in them and the actual sewage treatment starts happening in those pipes before it gets to the treatment plant. He hopes the changes being talked about now made sense and there has always been a plan to start with the smaller more simple actions. The new changes follow that same pattern that you start with the lowest cost with the highest potential to do some fixing and slowly work your way up. He reflected that during the initial rate hearings the subject of odor seldom came up and if it had he would have questioned why would there be odor considering it was going from primary treatment to secondary treatment. He finds the current situation embarrassing and hopes to keep the pressure on to finally fix the problem. Mr. Waibel stated as Councilman Johnson stated this has not been something the City has waited to the last minute to correct. Corrective actions, as economically possible, have been taken all along, but we've found now that a lot more money will have to be spent to make it work. The City has agreed with all of the people involved and all State agencies involved that we will do whatever it takes to fix the treatment plant and that we'll do whatever it takes to pay for it, which means there will be increases in rates. He emphasized the need to move on with the program. #2334 M/S/C/U(Waibel/Neville) motion to ratify Consent Decree and Settlement Agreement. Mr. Overson stated these nice words are interesting, but the "flower" in those words do not help the odor. He is not going to take this easy and will be critical of what is going on and he wants to see solutions or he'll do what he can to impose something that will make something happen. Council has sat by and smelled the odors with everyone talking about what they'd like to do and what has been done is not working. 7A - PUBLIC HEARING AND RESOLUTION NO. 2438 - PRELIMINARY PLAT/PUD FOR 20 LOT SUBDIVISION AND 20 SINGLE FAMILY ZERO LOT LINE RESIDENCES; APPLICANT: MARRIC, INC.; LOCATION: NORTH TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 15 of 16 SIDE OF SYLVAN WAY, EAST OF CEDARGROVE DRIVE, #AB93-192 On August 17, 1993, the Planning Commission approved this project as Residential Preliminary Planned Unit Development (PUD); the Commission also recommended approval to City Council for the Preliminary Plat for 20 lots with 20 single- family residences with zero-lot line setbacks. The City Council is the decision - making body responsible for evaluation of Preliminary and Final Plats. The City Council shall either: 1) Affirm the decision under review; 2) Reverse the decision under review; 3) Modify in whole or part the decision under review; or 4) Remand the matter back to the Planning Commission for further consideration. Don Pratt, Director of Community Development, stated the City Council received a memorandum from the City Attorney in which he has determined that the action recommended by the Planning Commission is not legal per the Zoning Code. The specific action is the Zoning Code requires a public street to serve four or more lots. The Planning Department felt there was a way to work with that, however the City Attorney has found that is not appropriate and has told Council if they follow the Planning Commission's recommendation it will not be a legal action. On that basis, the applicant has requested Mr. Pratt to ask Council to postpone this hearing, which they hope will be able to come back in another form if the Zoning Ordinance is changed or not come back if it is not changed. In doing that, he reminded Council that the Planning Commission is the authority which issues Preliminary Planned Unit Development approval, which they have done. This project could be built as long as no additional lots are created and it would be considered a driveway to a multi-family project rather than a street to individual lots. The applicant has made no commitment as to what they want to do, but they fully recognize that it would be very difficult for Council to take up an illegal action to approve leaving Council's only options to table or to deny and they would prefer that the decision be postponed for a hearing at a later date, if the proposal is brought back. President Fitz questioned if Mr. Pratt was suggesting that no testimony be taken at this time? Mr. Pratt stated yes. Mr. Johnson stated he felt there was a fourth option, which would be more appropriate than postponing something indefinitely. The recommendation sent to Council was illegal and he suggested remanding the proposal back to the Planning Commission with them coming back with a legal recommendation TAPE #1138 City Council Reg. Mtg. Minutes September 29, 1993 Page 16 of 16 or reverse their action. president Fitz questioned if the City Attorney agreed with Mr. Johnson's recommendation? Ian Sievers, City Attorney, stated he believes Council understands the Planning Commissions' recommendation and they expressed an opinion that they felt that the Zoning Ordinance should not be applied and an exception taken. However, the Zoning Ordinance does not allow that kind of discretion, so that is why their recommendation can't be accepted by the City Council. As a matter of State law, the Planning Commission must find that it complies with the City's Zoning Ordinance and that ordinance does not allow for discretion in this area of private streets. He was not sure if it would be worthwhile to remand it back to the Planning Commission and he believes their recommendation can still be useful if Council continued their deliberations to see if any of those ordinances are amended by Council, which is the first action that has to be taken. Remanding the proposals back to the Planning Commission may be useful if they had an alternative and still recommended approval with a different set of conditions He was not sure the applicant would accept something like that. Mr. Johnson stated he did not buy that idea at all. Mr. Waibel stated even Council redoing an ordinance should be on the recommendation of the Planning Commission, so he felt the item needed to go back to them. If the Planning Commission then recommends to Council that an amendment be made, such a change in an ordinance, which is much more involved than making an exception, needs to come from Council at that level. Mr. Johnson stressed Council did not want a situation where whenever the Planning Commission finds something they don't like in the Zoning Ordinance they just make any kind of recommendation to send it up to Council and let it float around in space somewhere! Mr. Waibel emphasized a remand to the Planning Commission would not delay the proposal for a year. #2662 M/S/C/U(Waibel/Johnson) that the City Council remand the preliminary Plat/PUD for 20 lot subdivision and 20 single family zero lot line residences on Cierra Drive back to the Planning Commission for further recommendations. With no further business meeting adjourned at 6:55 P.M. KATHLEEN L. McCLUSKEY,City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault