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HomeMy WebLinkAbout05/05/93TAPE #1104 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 5, 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, May 5, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Richard Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, Al Colvin, and Russ Johnson. Also present were Assistant 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 Councilman Al Colvin. CONSENT AGENDA A. Minutes of Meeting - April 21, 1993, #AB93-081 #0020 M/S/C/U(Waibel/Horton) to approve 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. #0041 M/S/C/U(Colvin/Neville) May 5, 1993, the Council does approve for payment those vouchers included and further described as follows: 165985, 165991 through 165994, 165997 through 166123 in the total amount of $250,167.57; and Regular Payroll for the period ending April 30, 1993, in the amount of $622,049.36. COUNCIL MEMBER REPORTS Mrs. Horton reported she attended the Kitsap Regional Planning Council meeting this date. Block Grant Funding applications were presented as part of that meeting, which lengthened the meeting time into late afternoon. Kitsap Board of Health presented a proposal asking the various jurisdictions to consider a Bicycle Helmet law, primarily for children. She expects that proposal will be coming before the City Council in the future. She announced on Saturday, May 8, 10 AM to 3 PM the Parks Department is hosting a Festival Of Arts For Children, at Olympic College, and it is free to the public. Also, the Senior Center will hold their annual Open House on Friday, May 14, 10 AM - 3 P.M, at the Senior Center on Nipsic Avenue. TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 2 of 17 Mr. Waibel reported he spent all of last week in Washington, D.C., where he had the opportunity to meet with Congressman Norm Dick and Senator Slade Gorton. It appeared to him that there is a real move this session to tackle some of the problems that have built up and there is an indication that the electorate have "had enough" and the Congressmen are working hard to come up with solutions, including more taxes. Mr. Collins extended the greeting "happy Cinco de Mayo". Mr. Colvin echoed Mr. Collins greeting. He thanked the City and Kitsap Transit for the newly erected bus shelter at the Pinewood Manor. He announced the Bremerton Central Lions Club will hold their Pancake Breakfast on May 15, which will be held on 4th Street. He welcomed back the USS Sacramento and noted when it leave Bremerton again, it won't be the same ship as when it came in recently. He shared a complaint from a citizen..."you fix up your place and get it to looking nice and what he gets for that is his taxes are increased". In response to another complaint he received from a citizen regarding "potholes", with the weather becoming nicer the Pothole Posse will be on patrol fixing potholes. He will be referring citizen concerns relating to off-street parking to Mr. Pratt, Director of Community Development, who is well versed on requirements for off - street parking. Mrs. Fitz reported next week she, Mayor Mentor and Councilman Horton will attend a two day seminar concerning CenCom. Participation at that seminar will include the whole Kitsap Regional Planning Council and other interested parties. She expected to have a report on that meeting to Council sometime next week. On Sunday, May 2, she took advantage of the sunny day and attended the opening of the Farmers Market, located on the boardwalk. PUBLIC RECOGNITION Mayor Louis Mentor reported he had the pleasure of visiting Esquire Hills Elementary School where he talked about "career day", and on May 4, he visited Kitsap Lake Elementary School where he participated in a "reading" program. He was nicely surprised how well behaved the students were during the time he spent with them. On April 29 he attended the Washington Aggregate and Concert Association's awards banquet where the City of Bremerton was presented a Second Place award in recognition of their distinguished contribution to the creation of Bremerton Overwater Park, which has been judged an outstanding example of excellence in concrete construction. On Saturday, May 1, he attended the Opening Day of Yachting Season in Seattle and rode on power yachts through TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 3 of 17 the parade. He announced Bremerton Yacht Club took Second Place in the Power Division and Sail Division. He was pleased to report that the new marina on the waterfront is attracting people from other areas, as well as local boaters. He also attended the Sunday Farmers Market and on that afternoon he attended the YWCA A.L.I.V.E Comedy Show, held at the Roxy Theater, which drew an audience of about 300-400. Mayor Mentor read the following Proclamation: 1) May 8, 1993, World Red Cross And Red Crescent Day. Ian Sievers, Chairman Of the Red Cross Board Of Directors, accepted the Proclamation on behalf of the local Kitsap/North Mason Chapter of the Red Cross and expressed their appreciation of the City's recognition of the fine humanitarian work the Red Cross does for local families and national disasters. Mayor Mentor presented a Certificate Of Recognition for the Employee Suggestion Program, which included a check in the amount of $366.00, to City employee Wayne Hamilton. Wayne Hamilton explained his suggestion involved his noticing some problems in the Utility billing process and coming up with a solution to eliminate them. Mayor Mentor presented a Certificate Of Recognition for the Employee Suggestion Program, which included a check in the amount of $450.00, to City employee Earl Varner. Earl Varner explained his suggestion involved his observing the City being overcharged for tires being bought for City equipment. His suggestion to purchasing tires off of the State Bid list, which eliminates being taxed on those purchases, saved the City a considerable amount of money. Paul Larsen, 280 Sylvan Way/Pinewood Manor, thanked Councilman Colvin, Elaine Valencia, John Clauson of Kitsap Transit and Frank Perrone of the Bremerton Central Lions Club for assisting the Pinewood Manor residents in their effort to have a bus shelter installed. He noted the residents of Pinewood Manor are very happy with the installation of their bus shelter. He also thanked the City Council for the good job they do for the citizens of Bremerton. Don Atkinson, Bremerton Main Street Association, announced on May 15, 12:30 P.M., a second Dedication Ceremony will be held on the boardwalk in commemoration of completion of the boardwalk, opening of the Turner Joy and Port of Bremerton Marina. The ceremonies will include dedication of a Flag Pole, which was donated by the Bremerton Elks. Through cooperative efforts between the Parks and TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 4 of 17 Street Departments, Port of Bremerton and Main Street, new water/tourist oriented banners along with flower baskets will be hung on the boardwalk and First Street Dock. He noted the Armed Forces Banners have been hung throughout the City. He passed out Farmers Market hats to the Council members and reported the Market starts on Sunday, May 2 with 19 vendors and they expect many more vendors to join in future market days. He reported a group will be touring the Portland's Farms Market on May 22/23, which they are told is a classic market. Charlene Burnett, Parks Department, announced the 7th Annual Festival Of Arts For Children will be held on the Olympic College campus on Saturday, May 8, which is a free event. Many art type activities are planned for children from pre - schoolers through grade 12. In reference to "youth at risk, Ms. Burnett stated the Parks and Recreation Department is putting in two outdoor basketball courts, one at Warren Avenue where the tennis courts exist and at the lower portion of Kiwanis Field. The Parks Department is also sponsoring a Teen Dance on May 22, in cooperation with The Sun and Blacks In Government, at the Sheridan Park Recreation Center. Kitsap County Recreation Coordinating Council is sponsoring a workshop on June 5, where one of the topics will be "Youth At Risk In Kitsap County and how the whole County can address this situation". Bremerton Social Service Agency recently sponsored a workshop "Youth And Violence", which was well attended and many good ideas and programs were identified. Information on the Parks Department activities can be obtained by calling 478-5305. Glen Godfrey, Director YMCA, stated he wanted to share with the City Council and public some of the activities the YMCA will be implementing for teens this summer in the Bremerton area. On June 11, they will start a "Teen Night Sports" program, that will run from 10:00 P.M. to 1:00 A.M.. This program will begin with the focus on basketball and the target will be "at risk teams" of kids who have nothing to do during evening hours. During this time, there will be a "15 minute speaker section" that will offer some alternatives to young people other than being in gangs and/or how to get out of gangs, what's available career - wise, getting back into school, etc. He hopes to get input from the participants of the kinds of things they would like to hear more about. Their goal is to provide youth with good role models through volunteers participating in that program and YMCA staff. They see this basketball program as being the first step and hope to include weight training in the future, as well as other activities and possibly go into a second night of activity. At some point it TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 5 of 17 would be good to include the swimming pool as well and he has discussed that possibility with the Parks Director. He emphasized the YMCA is not a "teen center" even though lots of teens spend time there, but they are focused towards recreation. When they planned out their "Teen Night Sports" program, they included recreation, time for socializing and availability of some kind of refreshments. He is aware of another group who is looking to locate a teen center in the downtown area, which would have no conflict with what the YMCAhas planned and actually supports it. Currently, the YMCA has enough funding available to fund the night time program for about 9 weeks, which should get them through most of the summer and they will be seeking additional funding. There is a need for more volunteers for this program, speakers to be part of the information time, donations of food and drink and there is a scholarship program established so that no one needs to be turned away from participating. Mr. Godfrey wrapped up his presentation by giving a run down of YMCA planned activities and handed out some brochures advertising fund filled activities available to the public at a nominal cost. Anyone wanting more information on the programs he described and/or to volunteer their services can do so by calling 377-3741. Ken Ribley, Team Leadership Director, stated his programs are set up to practice career building skills to develop leadership skills and an opportunity for individual students and teams to enhance their sense of responsibility and their identity. What they hope to do with the midnight sports league is to have some direct outreach to youth at risk. He announced his Co - director for the late evening sports program is Reverend Arthur Spaeth, who is involved in Blacks In Government and is an ex - Marine. Reverend Spaeth has considerable outreach with youth in the community, including those involved in gangs and his involvement in this program is key to getting youth at risk involved. Because there is fragmentation of a variety of programs that are undertaken by people who have very creative ideas. He is hoping a Community Advisory Council can be established to bring together those programs that are either already started or would like to start. President Fitz stated she was glad to see something happening so soon after the Youth At Risk Conference, less than two weeks ago, that provides a positive program coming forth. She volunteered to donate cookies for this program. Don Larson, 135 Rainier Avenue, Chairman Washington Scuba Alliance, gave a run down on the Dyes Inlet and Sinclair Inlet clean up activities. Through the concerted efforts of a large turn out of TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 6 of 17 volunteers, extensive amounts of garbage and litter were collected on April 23 and April 24. He was pleased with publicity given on those clean up events by Navy News and Wednesday Magazine. He reported volunteers did clean up the area located at 13th and Sheldon Boulevard, which is a collection point for garbage and litter. It is his hope that an agreement could be worked out with the landowner of that site to allow the area to be cleared and put into a condition whereby the public could use it as a park like area. He announced on May 8 the Department Of Fisheries is sponsoring an event called "Low-Tide" and Kitsap Diving Association and Washington Sea Grant will be having a beach walk, starting at noon, at Fort Ward State Park, located on the south end of Bainbridge Island. He reminded everyone of the deadline of May 21 for submittal of entries to be published in the Coast Weeks Journal. Jesse Kellogg, 1226 8th Street, stated he was a participant and crew leader of the clean up activity that took place at 13th and Pacific. He wished to speak to Council as a private citizen who lead an eight member team that spent two hours cleaning up over 30 yards of garbage, which is about the amount cleaned up from that site every six months. He currently works for the Bremerton - Kitsap Health District's in the solid waste - water quality program, so coming from that standpoint he is the person who enforces solid waste regulations in the County. He is trying to work with these particular property owners explaining to them that this would be a supreme opportunity for them to do something permanent with this site. Things that he looks for when investigating unlawful dump sites, two qualities that are the biggest contributor to unlawful dumping, are: (1) restricted sight distance; (2) easy access. This site offers both of those qualities and what he is recommending to the property owners is that they restrict the access and do something about increasing the sight distances. This particular site has three property owners, a gentleman in New Mexico, Puget Power (power line easement across Washington Narrows) and the City (two street easements). The site is mostly flat except for a small vegetative island in the middle. It is difficult for all three of the property owners to make an effort individually to restrict access to the site. He did not want to rely on volunteer efforts for cleaning of this site every six months, which is the responsibility of the property owner. He would like to solve the actual problem rather than keep having to do reactive action. He provided copies of a map showing the site location, a letter from the Bremerton - Kitsap County Health District to Lloyd H. Lofthus and a letter to Puget Sound Power & Light addressing the Health District's concerns. TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 7 of 17 7A - CITY COUNCIL APPROVAL OF CLASSIFICATION SPECIFICATIONS FOR THE NONUNION MANAGEMENT AND PROFESSIONAL POSITIONS OF: CITY ENGINEER, DIRECTOR PUBLIC WORKS AND UTILITIES, FORESTRY MANAGER, PROJECT MANAGER AND WATER RESOURCES MANAGER, #AB93'082 Classification specifications have been prepared for all of the management and professional positions in the Department Of Public Works and Utilities. The specifications for five of the positions are presented for City Council approval. All of the specifications were posted for exemption from Civil Service and became exempt upon 3/31/93 - the expiration date for appealing the exemption (no appeals were filed). Caroline Marshall, Personnel Director, stated this item had been before the Fiscal and Budget Committee and Operations Committee on two occasions. She will be submitting 5 - 6 job descriptions regularly to Council in order to update the City's job descriptions. Public Comment - none. Mr. Waibel questioned for clarification that the correct set of documents was the replacement set of job descriptions and not the initial ones published in Council's Agenda. Ms. Marshall stated that was correct. The replacement pages were necessary due to technical corrections made, along with some suggested changes by a Council members as to content. Mr. Johnson asked if the City Clerk was furnished with a corrected set of job descriptions. Ms. Marshall stated yes. Mr. Waibel suggested adding a date/time footer to documents in order to identify the current version. #1291 M/S/C(Horton/Colvin) to approve classification specifications as follows: City Engineer - revises and replaces specifications for City Engineer dated September 1986. Director Of Public Works and Utilities - revises and replaces specifications Director of Public Works/City Engineer dated September 1986. Forestry Manager - revises and replaces specifications for Forestry Supervisor dated July 1986. Project Manager - new specifications for vacant funded position. Water Resources Manager - revises and replaces specifications for Water Quality Manager dated January 1, 1991. Authorize replacement of old specifications with revised specifications as attachments to existing employment contracts with current incumbents and to new employment contracts with new hires. Vote on motion: In Favor: Neville, Horton, Waibel, TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 8 of 17 Fitz, Collins, Dawkins, Colvin, Johnson Opposed: Overson Motion carried. 7B - WARREN AVENUE CS0 IMPROVEMENT; APPROVAL TO SUBMIT APPLICATION FOR PUBLIC WORKS TRUST FUND MONIES, ('AB93-083 With the signing of the recent consent order, the City has committed to construction of the storm sewer separation project in the Warren Avenue basin. This project is estimated to cost approximately $5.1 million. A loan from the Public Works Trust Fund would provide a portion of the project's financing at a rate lower than that available in the bond market. This would serve to reduce the project's impact on utility rates. Rich Hanna, City Treasurer, pointed out the Warren Avenue CSO project is something the City has committed to through signing of the Consent Order with the Department Of Ecology. This is one of several financing options that are being pursued. Previously, a grant application was submitted to the Department Of Ecology (DOE), however, at this time the City has not received the result of that selection process. Unfortunately, the City's preliminary information from the DOE is that there is not a great deal of money available and the City may be awarded some funding but possibly not a significant portion of the construction budget for this project. They view this proposal as an alternative course of action and if the City is awarded the DOE grant it does not preclude the use of Public Works Trust Fund monies, which can be used as the "local match". This proposal is a loan and would be in terms more favorable than those available through the Bond market and would provide a cheaper source of capital for the project. He also added, the City is contemplating bringing a similar Agenda Bill before Council in the near future relating to the Callow Avenue Basin project, which is phased slightly behind this project. Mrs. Horton stated she thought before the City could apply for Public Works Trust Fund money the Capital Facilities portion of our Capital Improvement Plan needed to be completed. Mr. Hanna stated Mrs. Horton was correct, and it is believed that the Comprehensive Plan that is currently being prepared for the Wastewater Utility, in conjunction with the CSO Plan, which is presently in place, will pass the review of State officials. The preliminary assessment is that those documents will meet State requirements. Mr. Overson questioned if the date of "October 1992" was correct TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 9 of 17 for development of the Draft Funding List? Mr. Hanna stated that should reflect "1993" not "1992". Mr. Overson questioned how much of the 5.1 million dollar requirement will the City receive. Mr. Hanna stated as indicated in Parametix's letter, the ceiling for any single project is 3.5 million dollars, so that is the best the City can do from this source of funding. Mr. Overson questioned what is the availability of funds from within the Utility Department to pay for these projects? Mr. Hanna stated as discussed, in conjunction with the 1992 Bond Ordinance, the revenue bonds that have been issued to date will take both the Warren Avenue project and the Callow Avenue project through the design phase. There are not adequate funds currently available for construction of either project and would require additional borrowing from revenue bonds, Public Works Trust Fund or Ecology grant, or some combination of those sources. Mr. Overson questioned if additional borrowing would mean rate increases? Mr. Hanna stated in all likelihood it will. Discussion on that point was brought out at the time the Decent Degree was approved. Mr. Overson questioned if the City should not have already started on the rate increases in order to get a head start on this need? He noted there are other capital projects in the Utility that will be coming up and will have to be paid for as well. The longer we wait to implement rate increases the bigger the increase has to be to cover all these costs. Mr. Hanna stated yes, and they are already in a selection process and drafting a contract with a consultant to conduct a Cost of Service Study, which will be the first step in implementing rates necessary to achieve this and the rest of the capital improvements needed. Mr. Johnson stated the proposed motion is to authorize the Mayor to sign a loan application, he questioned how much money that would involve and what the funds would be used for? Mr. Hanna stated the money would be used in part to carry out construction of the Warren Avenue Storm Separation project, as described in the Comprehensive Plan. The actual budget for that project is very preliminary at this point as the project has not gone out for bid. The engineers are estimating the total cost of the project to be 5.1 million dollars. Mr. Johnson questioned if what he is hearing is that the Mayor will sign a loan application for 3.5 million dollars? Mr. Hanna stated what they are asking for is authority to apply for the loan. If the City competes successfully and is awarded the loan, it is not a given that the City will accept it. There is still a remaining decision point. Mr. Johnson stated he could not support this proposal unless he knows the amount to be applied for. Mr. Hanna stated it is their intention to apply for 3.5 million dollars. The total project cost, as estimated by the engineers, is TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 10 of 17 5.1 million, and with the exception of grant funds this is the cheapest money available. Mr. Johnson stated he was not disagreeing with the source of funding, what he has a problem with is Parametrix's letter that talks about a problem, however, no loan application is included identifying the conditions of the loan or the amount of the loan. He questioned if a portion of this funding could be used for other Utility projects? Mr. Hanna stated if the City makes application for the Warren Avenue CSO project, use of those funds is limited to that project only. Mr. Johnson stated he was pleased that the City was looking to use Public Works Trust Fund as a source of funding, but the fact is Council is being asked to give "blanket" authorization to the Mayor. Mr. Waibel pointed out the City may end up having to borrow 5.1 million dollars. He hoped the administration was proposing to seek 3.5 million dollars. Mrs. Horton stated whoever makes the motion to approve this item can stipulate if the loan is approved it would come back to Council for approval. Mr. Waibel stressed the fact Council had already given its approval to complete this project and the estimated cost is 5.1 million dollars. He views this proposal...1 - 3% as the cheapest loan available to the City. Mr. Overson questioned how much did Mr. Waibel think the City was applying for? Mr. Waihel stated he would request the maximum amount allowable. Mrs. Horton pointed out the City Treasurer indicated earlier that the City may only get a fraction of the amount applied for, therefore, she felt it could be a moot issue. Mr. Waibel stated he would apply for the full eligible amount. Mr. Johnson questioned if 3.5 million dollars could be included in the motion when made? Mr. Hanna stated he had no objection to having that amount stated in Council's motion to approve. Mr. Johnson questioned if anyone had asked him that question before? Mr. Hanna stated no, the loan application is a rather lengthy document that will take considerable staff and consultant time to complete. His reason for being before Council with sketchy information is to see if it is Council's pleasure to pursue this avenue of financing. If that is not the case, then his intention is to have only staff time involved in preparing this Agenda Bill. President Fitz questioned if the due date for the loan application is May 21st and would the City be applying for the full 3.5 million dollars if Council includes that in the motion? Mr. Hanna stated yes. TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 11 of 17 Mr. Waibel stated he hoped the City would receive a 4 million dollar grant and then would need only 1.1 million of this 3.5 million dollar figure. Mr. Hanna stated he appreciated Council concerns and sees two future decision points: (1) if we are in fact selected then the decision needs to be made whether to accept the loan (by making application for the loan the City has not committed to accepting the funds); (2) even if the City does accept the loan expenditure of those funds cannot take place until it is made a part of the Budget by Council. Mr. Waibel questioned if there are any grants the City is applying for now not requiring matching funds? Mr. Hanna stated no. Mr. Waibel pointed out the loan amount would be considered the City's local match. Mr. Johnson stated he wants to know the Administration's financing strategy in obtaining the loan. Randy Witt, City Engineer, stated the City is not sure of funds that might be received from the Centennial Grant or the Public Works Trust Fund, but it is intended to get as much as we can from these two sources. The Public Works funding gives the City flexibility to not accept all of it. He felt the City would be applying for the full amount possible. Mr. Overson emphasized if the City does not ask for enough they won't get it. And, at this point no one seems to know what they are asking for. He also emphasized the City has known about this need for some time and he was surprised planning efforts were only at this stage. Mr. Waibel noted that previously the City was not sure it was eligible for applying for these funds because of not having the Capital Plan adopted. Mr. Overson stated he thought that was the rush for signing this agreement. Mrs. Horton questioned if she was correct in understanding that even though the City could apply for the full 3.5 million dollars there may be the chance that a lesser amount might be available through this fund? Mr. Witt stated that was a possibility. Mrs. Horton questioned for clarification if the City was approved for the full 3.5 million dollar loan but actually needed a lesser amount could the amount borrowed be scaled back? Mr. Witt stated yes. He emphasized the City is in a parallel situation with the Callow Avenue Basin Project, however, the Warren Avenue project has a higher priority and is higher money due to the cost of actual construction. The Callow Avenue project is further along in the schedule and the City will be applying for design funds. Roy McInnis, 2711 Maple Street, stated he was somewhat confused over what is actually being asked for. The mention of a "rate increase" as part of this project concerned him. He did not see TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 12 of 17 this proposal as being something that was put together very well. It appears that whoever is in charge of this proposal doesn't know what they want or where they are going at this point. Councilman Dawkins left the City Council Chambers at 6:58 P.M. Mr. Waibel explained the City is required by the State to separate stormwater from sewer water and this is a project to do that. The City has signed an agreement with the State indicating that project will be done on a certain schedule and at an estimated cost of 5.1 million dollars. The City has to come up with the funding and the best source of funding is through the State. If the City receives a lot of grant funding, then the amount to borrow from the Public Works Trust Fund would be less. The City does not know how much it might receive through the grant, therefore, that is why the loan amount is open. #2626 M/S/C/U(Horton/Waibel) to approve authorization for the Mayor to sign a loan application in the amount of $3.5 million to the Public Works Trust Fund for the Warren Avenue project. Mr. Waibel stated one of the things that needs to be recognized is sometimes it is not a good idea to ask for too much money because sometimes that request is turned down flat. Council needs staff input as to the amount needed and it appears from reading everything that "go for broke" is the way to go on this, however, Council does not know that. Mr. Johnson stated he hoped staff would take expedient steps in bringing back to Council the needed documentation once the a decision has been made as to the amount of Public Trust Fund monies available to the City. President Fitz emphasized this project is mandated by State regulations and the City needs to finance it in the best way possible and at the lowest possible interest rate. Mr. Waibel stated sewer rates will go up and the intent is to make them go up as little as possible by doing this. Mr. Johnson emphasized even though the City is mandated to do the project, there is no reason why it cannot be well through out, planned and executed. Mrs. Horton stated one of the things needed to be looked at if a rate increase is required, is to arbitrage that rate money and in the process actually reduce the amount borrowed as well. Mr. Collins stated Mr. McInnis brought up a point that will be a concern to all citizens - that being a rate increase. He suggested offering an explanation to the public on the CSO projects as part of a future regular Council meeting. Mrs. Horton suggested another TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 13 of 17 opportunity for informing the public on such projects would be through the Mayor's new cable access program. Mr. Overson stated he would like to understand why the City has not already started rate increases as a part of other increases on public usage of City facilities. He believes small incremental rate increases should have been implemented a long time ago. Mr. Witt stated he did not disagree with Mr. Overson's comments and was something he would be looking into. 8A - ORDINANCE NO. 4413 (SECOND READING) REPEALING CITY JAIL REGULATIONS, #AB93-078 Public comment - none. #2950 M/S/C/U(Johnson/Colvin) to pass Ordinance # 4413, on second reading, repealing regulations establishing special detention facilities and repealing Bremerton Municipal Code Chapter 2.66. 8B - ORDINANCE # 414 (SECONDREADING) REPEALING SUPERSEDES DISASTER RESPONSE REGULATIONS, #AB93-079 Public comment - none. #3009 M/S/C/U(Horton/Overson) to pass Ordinance # 4414, on second reading, repealing laws establishing an emergency response organization and repealing Bremerton Municipal Code Chapter 2.24. 8C - RESOLUTION # 430, L.I.D. FOR 4TH STREET IMPROVEMENTS, #AB93- 084 Engineering is requesting Council approval of the proposed resolution declaring its intention to establish a Local Improvement District (L.I.D.) for 4th Street improvements from Washington Avenue to Pacific Avenue and setting a hearing date for May 26, 1993. Engineering has completed their review of the petition and prepared the preliminary assessment roll necessary to proceed with the L.I.D. Mr. Johnson stated he wanted to make sure the responsibility and authority for this project has now been fully passed from the planners, architects and visionaries to the engineers to build it. Randy Witt, City Engineer, stated his department is working with the architectural firm of Rice Fergus on this project. Mr. Johnson questioned Mr. Witt's reaction if he includes in a motion that "they are done you are in charge you build it including construction related changes"? Mr. Witt stated the architects are busy pursuing grant funding and he did not want to restrict adding additions to the project. Mr. Johnson stated one of the problems experienced during the boardwalk project was that it kept getting changed and was in the planning/design phase way too long. Mr. Witt TAPE #1104 City Council Reg. Mtg. Minutes May 5, 1993 Page 14 of 17 explained a meeting was held with the property owners within the L.I.D. area recently and he believes the planning process is to the point where there is a concrete concept and a design that is being finalized. He is working with the architect on some "fine tuning" things that they would like see included in the project, i.e. clock, decorate street lights, etc. He emphasized there is a schedule that must be met in order to not have the project drawn out into the winter months. Mr. Waibel stated none of the grants things Mr. Witt talked about would affect the construction cost of the L.I.D. itself. Mr. Witt stated the L.I.D. costs are set at $389,000. TAPE #1105 Public comment - none. Mr. Overson stated he does not support the proposal and has been approached by property owners on 4th Street who do not like the design and/or support the proposal. He was told by one of the property owners that their business could possibly go out of business due to adverse impact of construction. He questioned if this proposal would turn 4th Street into a one-way street? Mr. Witt stated yes, and he pointed out the proposed Resolution sets a Public Hearing date for the owners and the public to discuss the project. Mr. Overson pointed out the Resolution specifically states "it is the intent of the City to establish a L.I.D.". Mr. Witt explained it is at the time of the public hearing that the City would establish the L.I.D. Mr. Overson stated he intended to not do that if at all possible. He questioned when would the rest of the one - way street grid for the City be adapted to accommodate the improvement to 4th Street? Mr. Witt stated no date has been set. Mr. Overson pointed out one of the reasons one - way streets have not been implemented is because the City has claimed there is no funding available. He believes the City would end up funding the L.I.D. and wait for payment from those property owners who are willing to pay. Rich Hanna, City Treasurer, stated included with Agenda Bill is a preliminary assessment roll and at conclusion of the construction phase of the project the Engineer prepares the final assessment roll, which will be based on the actual cost of construction and the allied costs for putting the project in the ground. At the time that is accepted by Council it then represents a lien on all of the benefitted properties along 4th Street between Pacific Avenue and Washington Avenue, including the City's property. Mr. Overson questioned when would those liens would be collectable? Mr. Hanna stated that would be determined as a part of the ordinance that will come to Council with the next step of the #0152 TAPE #1105 City Council Reg. Mtg. Minutes May 5, 1993 Page 15 of 17 process. Mr. Overson noted most liens are collectable upon sale of the property. Mr. Hanna explained these liens would be subject to foreclosure and it is stated in a State statute that when a L.I.D. assessment becomes delinquent to a certain extent there are necessary preconditions noticed. Mr. Overson stated he did not believe the project was well planned or that the City has sufficient funds for the project. Mr. Waibel stressed this project has had more planning than any other project he has seen in the City for quite some time. He felt the process should be beyond the point of a public hearing because of the number of time it has been before Council. Public comment - none. M/S/C(Waibel/Neville) to approve Resolution # 2430, declaring the Bremerton City Council's intention to establish a Local Improvement District for 4th Street improvements and setting a hearing date for May 26, 1993. Vote on motion: In Favor: Neville, Horton, Waibel, Fitz, Collins, Colvin, Johnson Opposed: Overson Motion carried. 8D - ORDINANCE {FIRST READING) REPEALING PROVISIONS OF THE MUNICIPAL CODE ESTABLISHING MUNICIPAL UTILITIES DEPARTMENT AND SUPPORT SERVICES DEPARTMENT, CHAPTER 2.16 AND 2.18 OF BMC, AND REPEALING CHAPTER 2.10 DEPARTMENT OF PUBLIC WORKS AND ADOPTING A NEW CHAPTER ESTABLISHING THE DEPARTMENT OF PUBLIC WORKS AND UTILITIES AND SETTING FORTH THE ASSIGNED FUNCTIONS, # The recent budget amendment authorized by Ordinance # 4407 established the organization of Public Works and Utilities Department. The organizational ordinances included in the Bremerton Municipal Code need to reflect the new organization of the Public Works and Utilities Department and outdated provisions need to be repealed. Chapter 2.10 Department of Public Works; Chapter 2.16 Municipal Utilities Department; and 2.18 Support Services Department are not consistent with the new organization and are, therefore, repealed. The proposed ordinance establishes a new Chapter 2.10, Department of Public Works and Utilities and sets forth the functions assigned to the Department. Caroline Marshall, Director of Personnel, stated she has worked the description of the Public Works and Utilities Department through both Council committees and established a format which she will be TAPE #1105 City Council Reg. Mtg. Minutes May 5, 1993 Page 16 of 17 using to bring to Council updated descriptions of each Department and their assigned functions to replace the outdated portions of Chapter 2 of the BMC. Public comment - none. #0226 M/S/C/U(Johnson/Waibel) to approve Ordinance, on first reading, repealing provisions of the Municipal Code establishing Municipal Utilities Department and Support Service Department, Chapter 2.16 and 2.18 of the Bremerton Municipal Code, and repealing Chapter 2.10 Department of Public Works and adopting a new Chapter establishing the Department Of Public Works and Utilities and setting forth the assigned functions. 8E - ORDINANCE (FIRST READING) RELATING TO IVY GREEN CEMETERY AND REPEALING BMC 2.60, #AB93- The proposed ordinance updates and recodifies the section of the Bremerton Municipal Code which creates the Cemetery Perpetual Care Fund and sets forth the manner in which the fund shall be used. Rich Hanna, City Treasurer, stated this is another attempt to clean up outdated language in Title 2 of the Bremerton Municipal Code. The existing language under Section 2.60 was reviewed and the more relevant language was extracted and placed under Title 3 because it more properly relates to revenue and finance. Additional language that had lost meaning to the operation of the cemetery was deleted as well. What remains are the provisions, creating the Perpetual Care Fund for Ivy Green Cemetery, the section that designates a portion of the sale of each lot to be dedicated to that use, and then defines the use of that fund by defining Perpetual Care of the cemetery. The last portion in that section specifies that the City shall maintain a record of the lots sold. Public comment - none. #0312 M/S/C/U(Waibel/Horton) to approve Ordinance, on first reading, creating the Ivy Green Cemetery Perpetual Care Fund and repealing Chapter 2.60 of the Municipal Code 8F - ORDINANCE (FIRST READING) AN AMENDMENT TO ORDINANCE # 4411 TO CORRECT A TYPOGRAPHICAL ERROR ON THE LEGAL DESCRIPTION, #AB93-087 A legally sufficient petition for the Port of Bremerton Annexation area was filed with the City of Bremerton. According to RCW 35.15.140 the City Council held a hearing on 4/14/93 and following that hearing the Council enacted Ordinance # 4411 annexing the area and approved the pre - annexation zoning of said property, that TAPE #1105 City Council Reg. Mtg. Minutes May 5, 1993 Page 17 of 17 annexation is scheduled to take effect May 6, 1993. Notices and signs contained the correct legal description, which was inconsistent with the ordinance. The petition also contained the correct legal description. After the publication of the ordinance, it was discovered that the Property Legal Description contained a typographical error. In order to correct this error an amended version of the original ordinance has been submitted to Council for approval and passage. Public comment - none. Mr. Waibel pointed out as stated on the Agenda Bill, all official notices sent out were correct thereby informing the public of the correct description. Terrie O,Neill, Municipal Services Coordinator, noted that the notices also included a map of the area, which showed the involved properties and the only error made was in the Ordinance itself. At the time the error was discovered, it was decided to bring the Ordinance back to Council for amendment and to set the annexation date for May 24, 1993. #0399 M/S/C/U(Horton/Colvin) to approve Ordinance, on first reading, annexing approximately 20 acres known as Port of Bremerton Annexation Area which lies south of the City of Bremerton Biosolids Application site and north west of the Bremerton Airport and fixing the effective date of annexation. With no further business meeting adjourned at 7:27 p.m. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/eh cc: Normal Distribution File/Vault