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HomeMy WebLinkAbout02/26/92 TAPE #998 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES FEBRUARY 26t 1992 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, February 26, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Wayne Estes, Eileen Fitz, Hank Waibel, Morrie Dawkins, Russ Johnson, A1 Colvin and C.R. "Tiny" Collins. Also present were City Attorney Ian Sievers and Kathleen L. McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend Gary Fogelquist of the Seventh Day Adventist Church. CONSENT AGENDA A. Minutes Of Meeting - February 19, 1992 #AB92-056 #0021 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. 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. #0034 M/S/C/U(Colvin/Fitz) on February 26, 1992, the Council does approve for payment those vouchers included and further described as follows: 144743, 144744, 144745, 144791 through 145046 in the total amount of $916,284.14. COUNCIL MEMBER REPORTS Mr. Overson reported his District is concerned with current crime conditions and they had seen some adverse situations that needed to be addressed. Mr. Estes reported he attended the Roundtable meeting, this date, where Wes Pruitt announced he anticipated receiving the new Cross-Sound Bridge Study sometime today. It is anticipated that within two weeks there should be a report to the public on that study. Next week's Roundtable guest speaker will be Representative Peggy Johnson. At the Roundtable meeting, Bremerton Port Commissioner Fred Schoneman announced Bremerton National Airport will not be considered as a satelite airport for SeaTac. Mr. Estes noted about two TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 2 of 35 years ago he had invited his fellow Council members to spend an evening riding with him in a patrol car - he believes the crime conditions are even more dangerous now. In order to curb the rising rate of crime, both citizen and government involvement is needed. Mr. Waibel reported he and his family have worked diligently to reduce their weekly garbage to fit into a "mini can", but he was not sure they could do that forever. Mr. Johnson stated maybe he should start giving a "Tip-A-Week" on how to make the 20-gallong mini can work. He has received several "garbage" related calls , some with ideas, complaints and suggestions. As the new solid waste collection program is implemented, he recommended those who have concerns or questions contact the City or Brem-Air to try and work out their particular problem. One question that keeps coming up is "do I have to turn in my Duracan?" The answer to that question is "you'll probably want to, but no, you do not have to". If someone wants to keep the Duracan size container, they will pay the 2-can rate. He anticipated most of the Duracan recepticals will be used for multi-family complexes. There have been 221 Duracans returned to Brem-Air and 717 people have ~alled in to change from the 30-gallon can usage to the new 20-gallong mini can. In regard to the "Tag-A-Bag" program, Brem-Air will be expanding their sales outlet via the Red Apple Market at the Perry Avenue Mall. He was not sure when that new service would be available to the public. He passed on the idea to get rid of junk mail by returning it in the prepaid envelope. Mr. Colvin stated he appreciated Mr. Johnson giving an update on the new garbage contact and how it is being impelemented. He wanted to clarify that even though someone does not fill up a regular, 30 gallon, garbage can they will be charged for a full can upon pick up and those who want to reduce their cost of garbage service can do so by reducing their waste and using a 20-gallong mini can. Mr. Johnson noted if a second can or extra garbage bag is set out it will not be picked up unless it has a "tag" on it. If a garbage can is set out for pick up with a "tag" on it, the whole can will be removed and disposed of. Mr. Colvin questioned where can the "tags" be obtained over the weekend? Mr. Johnson stated currently they are only available through Brem-Air. President Horton stated in order to address some of the concerns and questions about the new garbage contract, she has tentatively scheduled, on March 18, an Information Item Only on the Council Agenda and at that time the public will be allowed to give input. She did not view this as a time to "rehash" the contract, but rather help TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 3 of 35 the implementation phase. She recommended if anyone in the public has questions or comments they want specifically addressed at that time, they should forward them to Ms. McCluskey so that she would know what kind of material to have available for that meeting. Mr. Johnson stated such concerns should also be passed on to the Customer Representative at Brem-Air. Mr. Colvin noted the manager of KITZ Radio indicated they would announce garbage collection information over the air. Mr. Colvin questioned if all Council members received a report relating to Dyles Inlet/Clear Creek Watershed Action Plan. A statement in that report related that a response from Don Pratt, Director of Community Development for the City of Bremerton, was due by January 14, 1992, however, that response had not been received. Mr. Colvin felt Mr. Pratt must have a good reason for not responding to that request. He reminded everyone of the free "Income Tax Preparation Program" sponsored by NARF, which is being carried out at the Sheridan Park Recreation Center. He announced the recent Bremerton Central Lions Club Radio-Thon was very successful in raising approximately $7,000. Mr. Dawkins announced the State will hold a public meeting on Monday, March 2, 6:30 P.M. at John Sedgewick Junior High School/South Kitsap area, to resport on a recent Cross Sound Bridge and Transportation Plan. The public will have an opportunity to ask questions from 6:30 P.M. to 7:00 and then a formal presentation on the Study will be made. He hoped interested citizens would attend to voice their opinion. Mr. Collins stated there are a significant number of streets in the "old Charleston" area that have been posted 2-hour parking, but there are side streets that do not have house numbers and are impacted by Shipyard commuters. He is working with several citizens, who live in his neighborhood, canvassing the entire neighborhood between Preble, First and Callow to Constitution Street to get resident input on how and what needs to be done about parking. He urged anyone interested in this project or had input on this issue to please call him. In reference to the Cross-Sound Study meeting, he urged people to take the time and attend one of the public meetings and let the State know how they feel about the possiblity of Bremerton being left in the middle without any ferry transportation. Mrs. Horton announced because several members of the City Council wish to attend the Cross Sound - Bridge Study meeting, Council will change its Study Session from Monday, March 2 to Tuesday, March 3. As part of Council's 1992 Statement Of Legislative Intent, Council had discussed coming up with a Law TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 4 of 35 Enforcement Policy. In order to start the process to develop such a policy Council, will hold a hearing on March 11, after the regular Council meeting. Representatives from various segements of the community have been invited to give testimony at that hearing. There will be no other testimony taken from the general public at that time, however, she felt it would be very informative and it will be televised on Channel 29. Mayor Mentor has proposed a levy to raise 1/2 million dollars in support of further law enforcement capabilities, however, she believes the first step is to develop a policy of direction. As a wrap up to her Council member report, she requested Kathleen McCluskey, City Clerk, to give a report on the status of some Legislative issues. Kathleen McCluske¥, City Clerk, reported the information she will be providing deals with some key bills the City had been working on with the lobbyist and the Association Of Washington Cities and what there status is as of this date: 1. Senate Bill 6450, a bill appropriating $210,000,0000 for the ferry system, is in the Senate Transportaion Committee and needs to be voted out by Monday to make it to the floor. Letters to Bremerton's represenatives in the Senate on that bill to get it out of committee by Monday would be important. 2. HB 2674 Child Care Zoning - defeated. The intent of this bill would have removed the ability to "permit" day care centers and the City was opposed to that because currently the City does permit them and places conditions on them. 3. HB 2717 Notice And Standing - defeated. This would have provided for someone standing to contest land use action and there were conditions for the ability to do that In Bremerton, there is not conditions for contesting land use. 4. HB 2499 declares public entities liable for tortious acts and omissions of volunteers. If passed this would be very detrimental to the City because of the large number of volunteers the City relies on, which expands the City's liability. It could put cities in the position where they start limiting their volunteer efforts. This bill is currently in Senate Rules Committee, which means it will reach the floor. 5. Economic Diversification - a plan has been developed for defense dependent communities, however, both the Senate and House have cut funding so there is nothing left to implement the plan. The Senate did put a proviso that they want the State Department Of Community Development to proceed with TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 5 of 35 implementation, but they did not fund that action. After talking with the City's lobbyist, Ms. McCluskey stated there are meetings set up, over the next two weeks, to discuss this issue with the Governor. Some of the pilot funding for this project was marked for the Kitsap County Economic Development Council program. 6. ESH 2876 Open Public Meeting Bill - if approved, this would require Executive Sessions be taped. This item is in committee and alive but it must be out of committee by Friday. This bill is being strongly opposed by cities and the AWC. 7. SSB 5771 Utility Leans - this would make cities responsibe for requiring utility deposits from tenants to ensure that unpaid or delinquent utility bills for water and sewer are paid. Currently, it is the landlords responsiblity, which is where it belongs. The City opposes that bill, which is in the Senate Rule Committee and it will make it to the floor. 8. SB6408 Real Estate Excise Tax - this would restrict both the first and second quarter of excise tax to fund only streets, bridges, water and sewer facilities rather than the far broader allowed uses, such as parks. The City has already "earmarked" some of those funds for parks projects, i.e., waterfront project. This would throw a wrench into the City's capital Improvement Plan. Unfortunately, this bill is currently in the the House Local Government Committe, but is subject to the Friday cutoff. 9. Growth Mangement issues will be resolved during budget deliberatons and will be alive throughout the session. What is happening now is the Legislature is proposing to cut funding for growth mangement implementation. That would again directly affect the City because those anticipated funds were included in the 1992 budget. PUBLIC RECOGNITION Mayor Louis Mentor reported on Saturday evening he attended the Bremerton Police Reserve banquet. The Police Department has 26 reserve officers, which amounts to about one-half the number of uniformed police officers. The City does rely on reserve officers and their efforts are appreciated. He agreed with concerns expressed by others who raised the issue of gangs, crime and law enforcement in the city. Bremerton does have drug, gang and crime problems, but fortunate in that we are somewhat isolated from other areas and smaller than other cities. He encouraged speaking out on such issues so that the public can become more aware of the problems that do exist and it is not only a Bremerton concern but one that affects cities TAPE ~998 city Council Reg. Mtg. Minutes February 26, 1992 Page 6 of 35 nation-wide. He recently proposed developing a special unit that would deal with drugs and gangs, which are the biggest problems in the City. He has asked for volunteers to call his office at 478-5266. MaYor Mentor announced there will be a "Retirement - going away party" for Dave Siliven, who has served as the Parks and Recreation Park Foreman for 22 years for a total of 25 years, on Friday, February 28, 3-5 PM at the Sheridan Park Center. Vicki Vanneman stated there are many things this City does well but she believed there needed to be improvement in the area of employee recognition and that was her mission at this time. She believed it was rather rare for an employee to begin and end their career with the same agency or company. Among the several hundred City employees, only a handfull have served 25 years or more. Tonight, the Parks Department staff want to take a moment to recognize such an employee - Dave Siliven. Ms. Vanneman gave a brief review of Dave's service to the City and presented him with a Certificate of Appreciation for 25 years of service. She emphasized the Parks Department has valued Dave's service and everyone will miss him. Dave Siliven thanked the City for the years he has been employed. He felt it was time for him to "move on" and give the job opportunity to someone else. He hoped who ever takes over his position will have as much success in it as he had. Mr. Colvin thanked Dave for his congenality and cooperation with all the requests he had made of him. In reference to the Police Reserve, he felt they should also receive more credit for their service to the City. He suggested The Sun print a story about Bremerton's reserve officers. Don Larson, 135 Rainier Avenue, discussed the idea of an underwater park in Bremerton by utilizing a surplus Navy ship and the impact of increased tourism if such a facility were built. He reminded everyone about the Sinclair Inlet Clean Up scheduled for April 18. 6A - AMENDMENT NO. 4, CONTRACT #2921/PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF BREMERTON AND CH2M HILL, #AB92-051 The Utility, in response to W.A.C. 173-245, requiring the elimination of combined sewer overflow, and the failure of the sewer collection system infrastructure on Park Avenue, has a requirement for professional services for design and construction management associated with the Warren Avenue Basin Wastewater System. Attached for City Council consideration is Amendment No. 4 to TAPE ~998 City Council Reg. Mtg. Minutes February 26, 1992 Page 7 of 35 Contract #2921, a professional services agreement between the City of Bremerton and CH2M Hill Northwest, Inc. Services include Step II & III - Design and Construction Management & Services for Separation and Replacement of Combined Sewer in the Warren Avenue and Park Avenue Drainage Basin. The estimated cost for the professional services is as noted below: Step II Desiqn Services - Drainaqe Basin Planning $ 445,055 Step III Construction Manaqement Services 521,982 Miscellaneous Services 103,000 TOTAL $1,070,037 Bill Duff¥, Utilities Director, stated several years ago the Utility received a number of complaints regard to odor problems in the Park Avenue area. Following that, they carried out an investigation which included cleaning out the sewers and viewed internal areas via T.V. At that time they discovered much of the infrastructure had deteriorated and in several cases the pipes had completely collapsed. This is also an area where there are a lot of combined sewers wherein there is a mixing of storm water in with sanitary; and there is an overflow problem at the end of Park Avenue, which is causing the City some problem. The State has mandated that the City begin to reduce the combined sewer overflows. The proposed contract would begin the second phase of the project, which is for design. The first phase, which was presented about 3-4 months ago, was a pre-design report that looked at the alternatives for fixing problems and deficiencies in the combined system. The second phase is actually the design of the project to go to bid, which would include further field investigations with regard to making corrections and geo-tech works and design, permitting and services during construction. It also includes a new element this year, a Public Involvement/Public Notification Plan so that citizens could be better informed as to what is being done. He emphasized this is a substantial project, beginning in the Gregory Way/High Avenue Area and flows down to the north east and eventually discharged into Pump Station CE1 at the north end of Park Avenue. There are several elements to the project that are included in a schedule of events, which had slipped 6-8 months. Initially he had hoped to move into design phase by September of 1991, however, that was delayed TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 8 of 35 due to having the pre-design report reviewed by the Department Of Ecology and several other permitting agencies. There are two project involved, the major project being the Park Avenue/Warren Avenue sewer rehabilitation, with a project cost of about 3.7 million dollars. There is another optional project, which, depending on funding with regard to grants and other participatory agencies, would abandon the beach line running between Pump Station CE1, located at the north end of Park Avenue, and CE3, which is located on the south side of Smith Cove. They will be taking a look at that as the project progresses as part of some of the field investigations and if a funding source can be found he will recommend that the second phase also be undertaken. Public comment - none. Mr. Estes questioned when the project would begin? Mr. Dully explained the design phase will take from 6-9 months followed by a permitting process, which can be extensive. He hopes to have the design completed in 1992, and to look at the Centennial funding cycle early in 1993. If he is successful in obtaining grant funds, notification should be received July or August with construction starting in the fall of 1993. Mr. Estes questioned if the current practice of chemical addition was helping the odor problem. Mr. Dully stated yes, he is installing more chemical injection systems and had noticed some substantial results. They did switch the type of chemicals and he felt it has been a successful program. Something they did, in addition to the chemical injection last summer, was to flush out the storm sewers and sanitary sewer several times to get rid of the septic conditions. Mr. Overson stated looking at the breakdown provided for this contract, over 50% of the money would be going toward project management that included office services, etc. He questioned if the organization was moving its staff or setting up an all new office? Mr. Duff¥ stated it will be an extensive project and a lot of the work the firm will be doing will be coordinating with the regulatory agencies, drawing reviews, the geo-techs as well as insuring the City gets what it pays for. There will be an on-site staff resident throughout the project to insure the City is well protected. And, because of the nature of the area being an older part of the City, it does help to have someone on site. Mr. Collins stated he remembered the original contract with CH2M Hill covered the preliminary phase and questioned why a Personal Services Contract for the follow- on work was being TAPE ~998 City Council Reg. Mtg. Minutes February 26, 1992 Page 9 of 35 presented rather than a new contract? Mr. Duff¥ stated normally he uses a Personal Services Contract in any new project. Once a project is started, and CH2M Hill has done a lot of field work in preparation for the design, it is very difficult to change contractors or engineers in the middle of a project. They have, in essence, completed about 20% of the design in the pre-design report. Mr. Collins questioned wasn't CH2M Hill asked to provide a definition scoping and not do 20% of the design work? Mr. Dully explained the Department of Ecology, through the regulatory process, requires three steps: (1) Engineering Report, which is set forth in the Washington Administrative Code (WAC); (2) Design, which is the next 80%; (3) construction and associated construction management. All three steps are all driven by Washington Administrative Code. Mr. Collins expressed concern over the fact that the could have gone out for bids on the design and construction management. He felt the City was remiss on doing some honest contract work. Mr. Dully posed the question as one gets into a project, how much do you break it down and how much does that facilitate cost savings? They did do that in the beginning and do it on all projects through the professional services selection process. Mr. Collins expressed concern that the City was letting CH2M Hill "low- ball" in because they know they'll receive it on the out-end and questioned if he was correct? Mr. Dully stated he didn't know if the city let them "low-ball"... he was hiring professional services. Mr. Overson pointed out the City does not bid these kinds of contracts for low bidder but rather qualification. Mr. Duffy stated that was correct. Generally, when a contractor is selected under a Professional Services Agreement you do look at the qualifications and their ability to complete the work. Some local engineers are used on some of the smaller project. A project of this scope and technical work involved, i.e., hydraulics modeling to regulatory knowledge, is quite complex and accordingly they select those firms that are qualified to handle such a project. Mr. Collins noted he had taken "heat" from a group of people because the City lets out a significant number of contracts and it appears we go through a negotiation process rather than a bid process. Mr. Duff¥ stated yes, that was correct on Professional Services Agreements, whether it is legal, engineering or architectural. Mr. Waibel questioned if the approximate cost of the original 1987 agreement? Mr. Duff¥ stated approximately $100,000. Mr. Waibel questioned the cost of the amendment to that agreement? Mr. Duffy stated Step 2 was $445,000 and Step 3 is $521,000 and miscellaneous services $103,000 - amounting to a total of $1,070,000. Mr. Walbel questioned the City was amending a TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 10 of 35 $100,000 agreement by l0 times that amount and not establishing a new agreement. Mr. Dully stated that was correct. Mr. W&ibel stated if that doesn't look like we are playing games what does. The original agreement provided for a scoping and what is being proposed now amounts to another agreement. We may go back to the same firm that provided for the first agreement, but the City should not be amending an agreement that is 10 times the cost. Mr. Duffy pointed out there were three other amendments and they do build upon each other. Mr. Waibel pointed out that even made it worse. He questioned what was the total cost up to this point? Mr. Collins noted the chart showed somewhere in the neighborhood of 3.5 million. ~r. Duff¥ stated yes. Mr. W&ibel stated he accepts going out for a Professional Agreement and he accepts that this proposal will be done via a Professional Agreement, but he did not support continuing to amend the agreement ending up with a one hundred million dollar project. This is a new proposal for a whole new set of things. Mr. D~ff¥ stated he wished Mr. Waibel had expressed his concern at the time it was presented to Council three months ago when he requested their direction. Mr. Waibel stated his direction at that time was to come back and tell us what we are going to do, but he did not direct doing it by amending the original agreement. President Horton questioned if this amendment is legal? .Ian Sievers, City Attorney, stated as far as the State bid procedures there is no problem with this proposal, however, Council may take issue with the form of entering into this kind of contract. But, for public work professionals, as Mr. Duffy mentioned architects, engineers, landscape architects, professionals that are involved in public works do not come under a true bid process where the primary factor is price but rather a competition based on qualification and ability to do a particular project. Approximately three years ago there was an Attorney General's opinion clarifying that RCW Chapter, saying that it was illegal to consider price in selection of those professionals. That was the same conclusion the City came to when bidding out the sewer treatment plant operations - switching from PSG to Metcalf & Eddy. President Horton questioned if there was anything under State statute that prohibits having an amendment that is in excess of 10 times the original contract amount. Mr. Waibel stated this proposal is entirely different than the scope of the original agreement. Mr. Sievers stated he would need to examine the original agreement to see what elements were included. President Horton stated for clarification that in the City Attorney's opinion this form is questionable? Mr. Sievgrs stated it would depend on what the original contract stated, TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 11 of 35 this may be inconsistent and there may be other things that needed amending. If it is entirely outside the scope of the original contract, but is part of the same project, this would be adding additional parts to the project. He did not think you could add a whole new project and then call it an amendment. It may be misleading and may trigger those same qualification bid procedures. President Horton questioned if Mr. Sievers finds that this is a legal procedure, is there any City policy that would prohibit Council approving an amendment 10 times the original contract amount? Kathleen McCluske¥, City Clerk, stated no. President Horton stated since there is a question of the legality of proceeding with this particular method she asked Council to table this item, however, she wanted to register Council's concerns in order to give Mr. Duffy direction. Mr. Waibel stated he was not saying this procedure was illegal, but it certainly didn't look right. If City policy does not preclude entering into agreement for professional services that are in fact results of an original agreement, the proposed projects are in fact what they asked to have developed in the first agreement. Mr. Colvin requested the City Attorney to state, for the record, his opinion as to the legality of this process? Mr. Sievers stated there really is a question as there is a chapter that regulates bidding for this type of contract and he would like the opportunity to review that procedure as well as what the original contract stated. Mr. Colvin questioned if the amendments were not foreseen at the time the original agreement was entered into? Mr. Duff¥ stated that was correct, when they started with the original contract it was for some comprehensive planning for a sewer system. Subsequent to that planning, they found problems at Park. Avenue. They then took the next step and did the pre-design and engineering study and one contract has built on the other and they get progressively more expensive as it becomes more detailed. Mr. Johnson stated in regard to Construction Phase On-site Services - for 1/4 million dollars it appears we get one on- site representative who works 250 days on regular time and approximately 50 days more for overtime (300 days) plus paying $8,500 per diem and providing a vehicle and miscellaneous equipment totally to $190,000. He questioned why not hire an engineer at a bargain rate of $100,000 and build a hockey rink? Mr, Dully explained there was more to it than "standing in the street", there is a lot of back office work. Johnson stated whatever skill is required, he believed the TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 12 of 35 City could hire someone for less than $632.00 per day and the City could purchase a vehicle. Mr. Dully stated that person still had to commute from Bellevue and he would fund the vehicle if that person could use it to commute. Mr. Johnson stated if this item is tabled he believed the City should consider hiring someone to fill the on- site inspection position. Mr. Dully stated he could define this proposal into two separate contracts, services during construction and design. The design portion can be done now and forego that position until it is needed. Mr. Johnson noted what is being requested is a one-year man year. Mr. Dully stated there is also staff behind that position. Mrs. Fitz pointed out some missing language under Task WA2. Mr. Duff¥ stated he would look into it. Mr. Colvin stated he supported tabling this item, however, he questioned if the City was at a point-of-no-return dealing with the present contract? Mr. Dully stated no, Council could go back and take any direction desired. The biggest thing he was concerned with was making sure that by January 1993, a grant application be submitted, which requires design work completed or there will be an additional year delay for resubmittal. Mr. Collins pointed out the City has two professional engineers on staff and questioned why couldn't the City use this funding to hire our own professional engineering staff to do this work? Mr. Dully stated it is a possibility and he had approached them on several projects. He would be more than happy if Council would give him permission to borrow Jan Stemkoski for the duration of the project, shifting him to the Utility. Mr. Collins stated he didn't say that - rather to hire our own engineering staff to go into the City Engineer's office to carry out the engineering. Mr. Dully emphasized he had no problem hiring City staff but he would like to have that person in his Utility Office areas where he could manage the project rather than communicate via telephones. Mr. Waibel pointed out the City has a lot tied up in capital in the Utility and lots of construction needed, which will not be over at the end of this project. Mr. Duff¥ pointed out he has been expanding his staff in the Utility and over the next 20 years he is looking at 30-50 million dollars worth of work. Approximately two weeks ago, he discussed with Council about refinancing the Utility debt, including a list delineating those projects. He is direction staffing efforts toward the project management or services during construction, not in design. TAPE ~998 City Council Reg. Mtg. Minutes February 26, 1992 Page 13 of 35 President Horton stated the City could potentially borrow funds from the Public Works Trust Fund to do this project but certain things must be in place, such as a Capital Facilities Plan, prior to applying for those funds. She believed this could save the City a lot of money, therefore, she wanted staff to take steps in that direction to make sure the City is eligible to apply for those funds. Mr. Dully stated they had already looked into that source as well as the State Revolving Fund and Centennial Fund. He will be making application to all of them, but there are certain restrictions in certain funds. The Centennial grant is by far the best source because it does not need to be paid back. The Public Works Trust Fund is a low interest loan depending on the payment schedule and the State Revolving fund is more restrictive. He was concerned about the survival of the Centennial and State Revolving funds. Mr. Duffy questioned if Council wanted him to go back through a proposal process? President Horton pointed out first there is a legal question to address, a policy question to establish, and why don't we have our own engineering staff to do the work. Mr. Johnson stated if that requires yanking this task out of this contract, however, the law reads in State contracting as to whether or not you rebid, renegotiate or pull out the numbers. He requested someone take another look at spending $230,000 when it appears the City could get by with at least 1/2 of that amount. Mr. Waibel stated he wanted to see separate agreements, the construction phase being separate from the design phase. Mr. Dully requested that Council formalize their concerns in a memo. ##2518 M/S/C/U(Dawkins/Colvin) to table this item for one month. 6B - 1992 AMBULANCE RATES APPROVAL FOR 911 BLS AID CALLS, ~AB92-052 Pursuant to the new ambulance regulatory ordinance (#AB92-030) ambulance rates charged for 911 BLS aid calls must be approved by Council. Each licensed ambulance company has submitted an itemized rate schedule for 1992. Ail of these companies must abide my Medicare rules regarding rates. The rate schedules submitted to Council are, in fact, rates that each company will use throughout their Kitsap County ambulance business because Medicare stipulates that rates for the same service must be equal regardless if it is a 911 BLS aid call charge or a non-emergency transport charge. Also, Medicare reimburses ambulance companies based on individual qualifications, i.e. years in business, number of ambulances. Therefore, you will note Peninsula Ambulance proposed rates are higher than Olympic or Bremerton. TAPE #998 City Council Reg. Mtg. Minutes February 26, 1992 Page 14 of 35 paula Johnston, License Inspector, provided a composit of rate schedules for each company, which is quite detailed because she was unable to come with one rate for BLS transport. The reason for that is because whatever Council adopts for 911 calls will have to suit the Ambulance companies for the entire Kitsap County operation, otherwise they would disqualify themselves from Medicare reimbursement. Medicare states that you have to be consistent with your rates for every single patient regardless of the scenario of their pick up. Therefore, Council is being asked to approve a rate schedule for ambulance 911 calls. She tried to present a rate schedule that showed all of the companies and the rates they would like adopted and they did differ...PeninsulaAmbulance has a $10.00 higher BLS Base charge than the other two companies. That difference could be attributed to the fact that Medicare treats Peninsula Ambulance with a different reimbursement percentage than the other two ambulance companies in Bremerton. Staff's recommendation is numerical values of the rates, but asking that Council stipulate a rate structure that just says the maximum that can be charged but not will be charged. Such rates would allow the companies to operate up to that maximum cap and give them the opportunity to structure their rate schedule so that they remain competitive in Kitsap County. Allan Ray, Peninsula Ambulance, stated he supported the City Council approve a range of rates as opposed to one specific set of numbers. There is some variation between the rates proposed by the three ambulance companies for a variety of reasons, and those differences amount to less than 5% for the major items. He felt there was a bigger question and that was "trust". The City is trusting the ambulance companies to provide services and to not gouge citizens for those services. He noted ambulance companies are ruled and regulated at the State and Federal level and reimbursement schedules are difficult to understand. Frank Berk, Olympic Ambulance, stated he appreciated all the work Ms. Johnston did in developing this proposal. In regard to the Medicare issue, there has recently been an increase in Medicare allowables due to actions within Medicare based on inherent reasonableness, which allows more to be paid for Medicare based on rates. He pointed out, if Council decides to change the proposed rates or cap them what they have done with their proposed rates for 1992 is brought them up to where they need to be in order to take advantage of the raised Medicare allowables. If those rates are reduced, that would mean the patient would have to take money out of their pocket to pay the difference because they would have Medicare TAPE 9998 City Council Reg. Mtg. Minutes February 26, 1992 Page 15 of 35 allowables reduced as well. What is proposed is very close to what needs to be there for those allowables and to give the patient full advantage of the Medicare allowables. mr. Walbel emphasized 911 dispatched basic life support is not a free market situation and the issue is not discussing competition among carriers. He wants to see one rate set so that it would not change no matter what time of the year the service was rendered. Ms. Johnston stated the companies must post their rates and if Council approves a rate with a cap, they can't change their rates for their own company on a monthly or weekly basis. Mr. Wiabel pointed out those rates could change as the carriers rotate their service. He stressed there needed to be one rate for each item. It appeared Ms. Johnston's proposal is to take the highest rate in each category. Ms. Johnston stated her proposal is for Council to declare a cap for each category. Mr. W&ibel stated due to not enough information he did not want to set rates in that manner. He wanted a proposal that told him the charge for each item would be the same for all people dispatched under 911. Out of 23 proposed rates, 15 of them are different. Ms. Johnston stated the proposed schedule represents what the companies would like, however, Council can look at those rates and determine which one they desire. Council does have the authority to stipulate one BLS rate. If Council is asking for a proposal from staff on what that rate will be, they can bring back those figures or Council could decide to pick the lowest rate for each item. Mr. Waibel pointed out due to the differences in rates by picking the lowest figure for each category would hurt everyone and by taking the highest figure would gouge everyone - he wants something that works. TAPE #999 President ~orton questioned if the Medicare reimbursement was based on only the base fee or the whole bill for tht ambulance ride? Mr. Duke stated it would be based on whatever services are provided. Mr. Collins questioned if he was correct in understanding that the Medicare bill was submitted as a one-figure total? Mr. Duke stated no, the billing is broken down item-by-item for each item used and totalled with a bottom figure. Mr. Waibel emphasized that was not Council's concern at this time. The purpose of this proposal is to set rates for 911 calls. Collins believed it was Council's concern to not set the rate so that the companies could get their Medicare reimbursements but end of gouging the people receiving the services. He was concerned about someone receiving BLS services, who did not have Medicare or any other insurance, end up paying an TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 16 of 35 exorbitant price because he will pay "full tariff" for each item used. He did not want anyone, under BLS, to pay more than is appropriate. Mr. Johnson stated he was sick and tired of this issue. There has been nothing from the ambulance companies but arguments and disagreements. He was disappointed in not getting a list as requested. He supported Mr. Collins' comments and was concerned over rising cost for medical care. He believed the time to slow down escellating medical costs was right now. #0133 M/ (Johnson/ ) to take the lowest figure in each category plus they must all provide all items listed on the rate schedule or ambulance companies do not operate on 911 rotation schedule. Motion died for lack of second. Mr. Collins stated even if Council approved the lowest cost for each item, the price was "jacked up" for Medicare. Mr. Johnson suggested reducing them all by 25%. Mr. Waibel cautioned against price fixing and emphasized under the City's ordinance the administraton is responsible to provide the Council with a set of proposed rates. He urged Council to send this item back to the adminsitration to develop a set of rates. Ms. Johnston reminded Council that the ALS rate is included and because of Medicare regulations the rates approved will be for all of their business in Kitsap County and some do ALS work on a private basis. President Horton stated it was her understanding Bremerton Ambulance does not do ALS work. Ms. Johnston stated yes, that was her understanding. Mr. Dawkins expressed concern that there was not a great difference between the proposed charges and couldn't see why so much time was being spent on discussion. President Horton recommended Council adopt the mid point on every item that is in disparity. Mr. Johnson questioned how would the "free" items be addressed? Ms. Johnston stated each company configurated rates somewhat different in their cost analysis and if there is not a dollar figure for a specific item that means they would absorbed it as part of their service. Mr. Collins stated Council did establish one rate for ALS, which was proposed by the Fire Department. He questioned why couldn't the same thing be done for BLS service? Ms. Johnston stated if Council sets one rate for BLS the companies that operate in Bremerton would have to use that TAPE ~999 City Council Reg. Mtg. Minutes February 26, 1992 Page 17 of 35 figure for every call they make. If they have a complicated call that costs $450.00, they could not charge that amount but rather the base rate. Mr. Collins stated he could not be sympathetic to the rest of their problems, he was worried about the citizens of Bremerton. Ms. Johnston emphasized if Council makes an unrealistic proposed rate structure, there won't be any companies that choose to participate because they won't be able to afford to. Mr. Waibel outlined a scenario of a "bee sting" emergency and a "heart attack" emergency would be charged the same if Council approves one BLS rate. President Horton pointed out the"bee sting" emergency service would be subsidizing services for other types of emergency needs. She felt it was appropriate to break the rates down item-by-item. She did want Council to proceed with resolution of this item and if the ambulance companies were not happy with the result, so be it. She urged Council to approve a mid point rate on each item with the proviso that is a "capped" range. The ambulance companies can set their rates lower than that rate, if they choose. Mr. Waibel stated he was not sure that would work. #0355 M/S/F(Waibel/Collins) to table this item for one week. Vote: In Favor: Collins, Waibel, Colvin, Fitz Opposed: Dawkins, Johnson, Overson, Estes, Horton Motion failed. Mr. Colvin requested Mr. Ray to speak and questioned if the ambulance companies could work together and bring back another proposal. Mr. Ray stated no, not legally as they would be in violation of Federal law in terms of price fixing. Ms. Johnston stated she supported the Council President's suggestion to take a mid point on each rate that is different and declare that as a cap, letting the companies build their own rate structure beneath the cap. It that becomes unworkable, then it would be reconsidered. Mr. Waibel expressed concern that if such a rate structure was developed there would be different rates for different times of the year. Mr. Johnson pointed out the ambulance companies say if the Bremerton sets one rate then they would have to charge that fee throughout the County. He questioned what if those same ambulance companies were doing the same thing in other cities within Kitsap County - would Bremerton's rates change every time those cities rates change? Ms. Johnston stated the City of Bremerton's 911 rate, if the "cap" approach is taken, would remain below the cap. No matter where the service is rendered the ambulance companies have to charge the same rate County-wide. President Horton questioned if the city is first to set rates, would they be the "rate setter" County- TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 18 of 35 wide? Ms. Johnston stated no, Bremerton chooses to regulate 911 rates. If the climate becomes impossible for the companies to use Bremerton's rates, their only choice is to drop out of the rotation process. President Horton stated for clarification if the different municipalities choose different rates than Bremerton's, then it is at the discretion of the ambulance companies to participate in the 911 rotation. Ms. Johnston stated they would have to keep the same rate County- wide in order to qualify for Medicare reimbursement. Mr. Ray explained that at the present time no other municipality in Kitsap County set rates. If they so desired, they could set rates and if they did the ambulance companies would either come back to info£m Bremerton of that and asking potential concurrence with what was happening in those other cities. Or, they would be approaching the other cities and requesting that they use the same rate as Bremerton. If that scenario happened, the ambulance companies might come back to Bremerton and request that the cities get together and work out a common agreement. #0534 M(Dawkins/ ) to adjust the rates at mid point. Motion died for lack of a second. Mr. Overson pointed out two thirds of the rates did not represent high rates and cautioned letting 1/3 drive the action. He thought it may be better for the constituents to lock the rate at the lowest rate presented and the rest of them will have to be good business people to make it work. Mr. Collins re-emphasized his concern that someone without insurance would be charged a higher prices than a Medicare patient. Mr. Waibel questioned when Medicare pays its portion who will be required to make up the difference? Mr. Duke explained there are two ways - an assignment where a patient signs a form and when Medicare pays for its portion the ambulance company writes off the rest of the bill. The other way is to bill Medicare and any remaining charges are billed to the patient. Mr. Colvin stated if these are the posted rates someone who does not have any insurance is going to be charged the full rate. Mr. Duke stated that was correct. Mr. W&ibel questioned how was it legal to charge a rate that provides reimbursement from Medicare knowing up front that the rest will be written off, which then allows for a lower rate? Mr. Duke stated that was the option of the ambulance companies. ~r. Berk stated that scenario was not what was happening. They post rates, such as the proposed rate schedule, which represent less than a 6% increase of what they have been charging the last 2 1/2 years. Medicare looks at TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 19 of 35 posted rates and pays a percentage of those rates. #0749 M/S/C(Waibel/Fitz) to accept the weighted averages rounded to the nearest quarter as the fixed rate for all 911 BLS aid calls. Vote: In Favor: Dawkins, Colvin, Overson, Estes, Fitz, Waibel, Horton Opposed: Collins, Johnson Motion carried. 8A - PUBLIC HEARING--PRELIMINARY PLAT APPROVAL OF DAILY GARDEN; APPLICANT: HANSCO CONSTRUCTION INC., AND ADOPTION OF RESOLUTION NO. 2379, ~AB92-054 On August 20, 1992, the Planning Commission voted 5 to 0 to recommend approval of the Daily Garden Preliminary Plat. Title 58 RCW Boundaries and Plats empowers the City Council to hold a public hearing in order to accept, reject, or modify the Planning Commission's recommendation. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with Councilmen Dawkins and Estes stepping down and the remaining Council members remained seated. Jack Allingham, Current Planning, explained the application is a Preliminary Plat approval to subdivide four lots, which comprise one parcel of 1.2 acres into nine single family lots. The applicant is Hansco Construction, Inc., and the representative is Douglas Hansen. The site is located at 1529 Pennsylvania Avenue, approximately 215 feet north of 15th Street. The site has a zoning of Single Family Three (SF-3) and the Comprehensive Plan designation for the site is Residential 7- 15 dwelling units per acre. There are several requirements in the SF-3 zoning district: (1) minimum lot size is 4,800 sq. ft. per lot; (2) have a minimum lot width fronting on the street of 45 ft. The proposed subdivision conforms to the minimum lot size and minimum lot width requirements. The Comprehensive Plan designations (7-15) dwellings per acre this subdivision has a density of about 7.5 dwellings per acre and is consistent with the Bremerton Comprehensive Plan. Also listed in Council's documentation are several residential Comprehensive Plan policies which support this subdivision. Access to the site is from Pennsylvania Avenue and as stated TAPE ~999 City Council Reg. Mtg. Minutes February 26, 1992 Page 20 of 35 in the Planning Commissions' Findings And Conclusions has a maximum width of 40 feet. The City has adopted standards for right-of-way width for a local access street of 50 feet, which would apply to Pennsylvania Avenue. Utilities for the site will be essentially served by Bremerton water and wastewater services. The site also has in the northwest corner a detention pond to provide for the stormwater runoff on the property. When City Council looks at reviewing a subdivision, it looks at the criteria as to whether the Plat is consistent with the City's Comprehensive Plan, whether it conforms to zoning and whether there is adequate and available public and utility services. The Planning Commission determined that the Plat was consistent with the Comprehensive Plan and that there are adequate services available to service the site. The Planning Commissions' recommendation is for approval subject to the following conditions: 1. Riqht-of-way: The applicant/developer shall improve Pennsylvania Avenue by placing an additional 3 ft. of pavement along the west side adjacent to the site, constructing an asphalt bern and constructing an 8 ft. wide gravel shoulder. The applicant/developer shall submit plans for improvements to Pennsylvania Avenue to the City Engineer for review and approval. The final plat shall show a dedication of 5 ft. of right-of- way along the portion of the subdivision fronting on Pennsylvania Avenue. 2. Utilities: The applicant/developer shall design and construct underground utilities for water and sanitary sewer subject to the review and approval of the Bremerton Utility Director. 3. Stormwater: The applicant/developer shall design and construct a stormwater detention facility for stormwater to be collected from the site prior to discharge into the City's stormwater system on Pennsylvania Avenue. The design will be subject to approval by the City Engineer with input from the neighborhood with Mr. Musial as the contact person. TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 21 of 35 Frank Musial, 1559 Pennsylvania Avenue, stated he was still concerned with the detention pond due to safety considerations. He had talked with the Assistant City Engineer and Wayne Hansen on this issue, however, a major problem he foresees is the City Engineer allowing Mr. Hansen build a detention pond that is two feet deep and 20 ft. in circumference with no protection around it. During the recent past rains Mr. Hansen had to pump the water up, using a 3-inch hose, and discharging it 20 feet away from the drain near Mr. Musial's residence. There are currently two stormwater drains on Pennsylvania Avenue. The proposal, as presented, would allow draining the detention pond water on the opposite side of the street and let it "free-flow" down to the drain (on the east side of Pennsylvania Avenue). He was not sure the drain could handle the additional flow. The stormwater drain on his side of the street had no problem taking the additional water. Another concern that was pointed out during the Planning Commission meeting was the way the Staff Report was developed it appeared there would be pipe going into a sewer system, which is not the case. There are several neighbors who live on the other side of the catch basin and they are concerned with flooding into their drive-in basements. He reminded Council that the developer would not be living on the site after completion but all the neighbors would have to live with whatever developed on that site. Mr. Johnson questioned where were the sidewalks? Mr. Allinqham stated sidewalks usually run along the street and this Plat does not propose a sidewalk. Mr. Johnson stated he did not find that acceptable. He questioned if natural gas served that area? And, if the area would have underground cable TV and telephone lines? Wayne Hansen, applicant, responded yes. President Horton noted this site is in her district and she assured Mr. Johnson that many streets in that district do not have sidewalks. Her district is comprised primarily of senior citizens and children, with very little in between. She felt strongly that sidewalks are needed. The City is facing a situation in Councilman Johnson's district where an area was developed without sidewalks and now a new school is being built and they are facing a situation where there are no sidewalks for children to travel to and from school. She understands there are people in that area who feel sidewalks make it look urban. But, she supported having a sidewalk along one side of the street and she felt it appropriate to ask the residents on either end of the subject site to form an L.I.D. to provide a sidewalk the rest of the way up and back. She did not feel the City could allow people walking in the TAPE ~999 City Council Reg. Mtg. Minutes February 26, 1992 Page 22 of 35 roadways due to safety factors. Mrs. Fitz stated she had real concern with the water detention issue and whether or not the storm sewer system would be able to handle the amount of water generated. She questioned if the "berm" would run all along all the lots and is it suppose to help control water? ~resident Horton also wanted the issue of liability on the water detention pond explained or mitigation preventing anyone falling into it. Jan Stemkoski, Assistant City Engineer, stated as far as the detention pond and no fence - the City could not require a fence because the City's standards state if the pond is two feet or less no fencing is required. The way the drainage was intended to work is the site currently drains to one corner and that is were the detention pond is to be located. Such a pond would be lower than the road and would require installation of a pump so that the water could be pumped up to a catch basin on the east side of the street, and actually runs down the existing street for about 270 feet north of Mr. Hansen's property. Mrs. Fitz requested explanation of the "berm". Mr. Stemkoski explained the be£m would just be paving along the side of the street for parking and walking and had nothing to do with controlling the flow of the water to the catch basin. Mrs. Fitz questioned which side of the street is lower? Mr. Stemkoski stated the reason they requested the catch basin on the east side was to prevent the water from flowing into the other residents' driveways. There are some people further north who are concerned about the catch basis not being able to handle the added water and having it flow into their driveways. He noted the water would have to build up over the swail before it would go down into that area. During the recent heavy storm, water from the detention pond area did not go down any driveways and Mr. Hansen was pumping more than the retention system would pump when running. Mr. Hansen was wiling to make improvements to the driveways to prevent any water from flowing down nearby residents' drive ways. Mrs. Fitz pointed out nothing in the documentation indicted Mr. Hansen's offer to do that for the residents. Mr. Collins questioned the appropriateness of having the City Engineer approve the stormwater plan rather than the Utilities Director? Mr. Allinqh&m stated the City Engineer would review the stormwater drainage plan. If Council desired that point could be changed to include the Utilities Directors. Mr. Collins stated he had a problem with that because the Utility Director was not a licensed Professional Engineer and he felt if there was engineering required then it should be the engineer's responsibility. He was still confused over the "berm" as outlined in the plan. Mr. Stemkoski explained the TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 23 of 35 developer would be paving the shoulder wider in front of the development to provide a place for people to walk and park vehicles. It would be in lieu of a sidewalk and would be a three inch raised edge. Mr. Overson stated it appeared to him that the major concerns of the residents relating to water detention have not been adequately addressed. He questioned why the area between Thompson Avenue and the proposed development was shown on the wiew graph as blank - is it a standing pond? Mr. Stemskoskl stated it was the concrete plant on that site. As to the swail area, tere has always been an area of standing water before the area was ever developed and the water drains to the northwest corner. Mr. Overson noted that water is not currently flowing out of that area. Mr. Stemkoski explained any water will eventually go back into the ground. ~ Overson felt these were the concerns that needed to be addressed, such as "no natural exit for excessive water build up". Mr. Stemskoski pointed out the properties already built to the north prevent the pond area from flowing out to the bay. Mr. Overson questioned if Council should propose to have that swail area filled? Mr. Stemkoski stated it could be filled in and drained out. Even if it was filled, there would still be a detention pond required. Mr. Overson questioned would the sidewalk have to be put in before the property was subdivided or after the homes were built? Mr. Stemkoski stated in the past it had been done both ways and typically if the driveway cuts are put in they end up being in the wrong place and are eventually changed. Although, like Dockside, they did not put any driveways in and each time a new one is built they must make a cut. He believed the developer intended to build the house as they developed the Plat. President Horton asked Mr. Allingham to address the new houses built on the site. Mr. &llinqham stated the parcels as they exist now consist of four lots and Mr. Hansen has the property right to construct houses on those four lots and he has taken out Building Permits to construct houses. The developer proposes to re-subdivide the property into the proposed configuration. President Horton questioned where were the new houses located on the new proposed subdivision? ~ explained lot #8 has a building on it, lot #4 has the existing house and lot #5 has a newly house constructed of it. President Horton questioned why is Mr. Hansen subdividing now when homes are already be built? Mr. A11ingham explained the applicant chose to take out Building Permits for the houses prior to the subdivision, which was a personal choice. TAPE 9999 City Council Reg. Mtg. Minutes February 26, 1992 Page 24 of 35 Mr. Waibel stated he assumed the new subdivision complied with the new setback requirements. Mr. Alllnqham stated that was correct. Mr. Waibel questioned if this area is in a CSO problem area? Mr. Stemkoski stated he believed it was. Mr. Waibel stated the City not only has to have this area in as good drainage condition as it is prior to development but it must be in better drainage condition. By State regulations, the City cannot have more than one incident per year for many of these manholes and it is impossible to develop this area. Discussions have brought out the possibility of mandating no further development in the CSO areas until the Utility has the sewer and stormwater separated. This proposal is proposing to do the exact opposite. He noted the City cannot have the development take place faster than the separation takes place. He wished the Planning Commission had been apprised of what those regulations mandate before they reviewed this proposal. Mr. Johnson questioned who would own the detention pond pump and provide maintenance on it? Mr. Stemkoski stated that would be the responsibility of the nine property owners. Mr. Johnson questioned who would the neighbors go to in the event the pumping system was not working? Mr. Stemkoski stated if the pump did not work he assumed the Engineering Department would be called and they in turn would go to the homeowners and inform them to repair the pump. In the meantime, the City would probably have to do any pumping out of excess water. Mr. Johnson questioned if Council did not approve this proposal, would the houses being built also meet all setbacks on current lots. Mr. Allinqham stated yes, they meet setback requirements today and as proposed by the subdivision. Mr. Colvin questioned if a 2-foot detention pond would pose a safety hazard to anyone? Mr. Stemkoski stated it was hard for him to say that there would be a hazard - obviously it is possible to drown in two feet of water. The City's requirements, as they are written today, do not require fencing for a two foot deep pond. Mr. Colvin expressed concern over not having anything to require fencing of such an area. Mr. Overson pointed out the Port Washington Narrows is located about two blocks away, which is significantly deeper than the proposed detention pond. Mrs. Fitz questioned when relating to lot #9, how many feet are taken up by the detention pond and how could a house be positioned on it? Mr. Hansen explained the detention area is not filled full of water, it is a grassy dip in the area in TAPE ~999 city Council Reg. Mtg. Minutes February 26, 1992 Page 25 of 35 the back of the lot. When water reaches a certain height, the sump pump would be activated and water pumped up to the street. He believed if the pond filled up to two feet, the home owners would notice it and contact someone to repair the pump. Puget Power is splitting the electric bill - divided equally among all the lots. Likewise, all of the lots have the same responsibility for maintaining a flow line that goes to the pond. The pond will not be filled full of water. Mr. W&ibel stated one of the problems citizens of Bremerton are aware of is the fact that the City cannot continue to allow surface water to drain directly into Port Washington Narrows. The City may end up having to treat all runoff water. When houses are built large impervious areas are created and will reduce by 1/3 or 1/2 the amount of the surface area by the buildings and driveways will absorb water directly down to the water table. He emphasized there needed to be some way to separate and treat the stormwater and sewer. Unless this is a system that will connect into a separated sewer and stormwater drainage system that is not discharged directly into the Narrows, the City would be in violation of current State law. Mr. Hansen stated as of this week he and Mr. Duffy had developed an alternate plan. Mr. Duffy pointed out to him there is a catch basin at the north end of Pennsylvania Avenue, that goes directly out into the Narrows and does not mingle with the sewer system. He suggested using the same subdivision proposal, however, he would block off the catch basin that goes into the sewer and continue it down to the Narrows, which is heading north. Mr. Waibel stated that suggestion may work, however, that was not the proposal before Council. He felt Council would have to request that the developer get together with the City Engineer and Utility Director and come up with conditions that will satisfy the new State law for receiving Council approval. He suggested this item be tabled until the developer had a better proposal for water drainage. #2146 M/S/C(Johnson/Colvin) to pass Resolution #2379, as presented by the Planning Commission with the exception of the following changes to Exhibit A: Paragraph A-1 Right-Of-Way, second paragraph, second line after Pennsylvania Avenue add the phrase "includinq a concrete sidewalk Paragraph A-2 Utilities, second line after water add ~ telephone, natural Gas. and cable television. And, adding "City Engineer" after the word "Director". TAPE ~999 City Council Reg. Mtg. Minutes February 26, 1992 Page 26 of 35 Paragraph A-3 Stormwater, first line - add the word "fenced in front of stormwater. And, add the following sentence: "The stormwater system must comply with all Washinqton State laws applicable to CSO's as of the date of this Resolution or the date of the buildinq permit whichever comes later. President Morton noted if sidewalks are to be required and in theory vehicles would park on the street side of the sidewalk in which case the $ ft. gravel shoulder would not be necessary. Mr. Collins questioned with the additional installation of utilities, would it be appropriate to include the City Engineer under A-27 Mr. Johnson stated both City Engineer and City Utility Director could be included. Mr. Stemkoski stated presently, the Engineering Department does not review any thing that has to do with sanitary or water. Mr. Johnson questioned who would review the installation of a natural gas pipeline? Mr. Stemkoski stated the gas company does their own pipe installation and the Engineering Department issues permits for their gas work in City right-of-way. Mr. Colvin questioned if the detention pond would still be required? President Horton emphasized yes, but it would be fenced or else there will be some other direction as per the State mandate. Vote on motion: In Favor: Colvin, Johnson, Overson, Fitz, Waibel, Collins, Horton Motion carried. President Morton stated she believed Council needed to look at City standards and when issues like this come up those standards need to be readdressed. Every time a developer comes under the guise of "affordable housing" you can almost bet that it will come with no sidewalks and the absolute rock- bottom minimum funding to construct. She believed Bremerton had enough affordable housing at this point in time and the Housing Bremerton Plan states the need to attract middle and upper economic housing levels - that means the City needs to start raising standards so that things like sidewalks, undergrounding utilities, stormwater, etc., can be addressed. Previously, Council required another developer to jump through hoops to make sure they did it properly. She was not sure why Council was expected to approve Mr. Hansen's proposal, which required lesser standards than other developments. She believed Council would be discriminatory if they did not hold to those types of requirements for all developers. She requested staff, maybe in conjunction with the policy issues TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 27 of 35 Council will be looking at, to take those standards and come up with something that conforms with not only Housing Bremerton but also State and growth management mandates. Mr, Johnson assured Mr. Hansen Council was not "beating up" him, however, each Council member received action recommendations from Dyes Inlet/ Clear Creek Watershed Action Plan Watershed Management Committee that addresses cleaning up of stormwater. Mr. Collins noted in a recent news article in Kitsap Business Journal it identified "affordable housing" is $125-175,000. Councilmen Estes and Dawkins returned to Council Chambers. 8B - PUBLIC HEARING--TO CONSIDER A REQUEST FOR AN ~MRNDMENT TO THE COMPREHENSIVE PLAN EAST OF PERRY AVENUE MALL AND ADOPTION OF RESOLUTION NO. 2380, ~AB92-055 The applicant for this Comprehensive Plan Amendment has received County approval for a multi-family residential development on unincorporated land immediately east of the Perry Avenue Mall. The development needs City utility services. In order to receive such services, projects must be in conformance with the City's Comprehensive Plan. To achieve the needed Plan consistency, the applicant is requesting that the site be changed from iow-density residential to high- density residential. This request has been considered by the Planning Commission at a public hearing on January 21, 1992 and the Commission is recommending approval. Amendments to the Comprehensive Plan are made by resolution and a resolution is attached for the City Council's consideration. President Horton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron Hough, Planning Manager, explained this proposal is a Comprehensive Plan Amendment and the applicant is Son-Son Holding Corporation. When Comprehensive Plan Amendments are made the surrounding area is reviewed to see if there might be some additional sites that would be suitable for amending as well. In this case they went as far as Trenton on the east and the general use is single family residential. On the west side of Perry Avenue there is a business mall and more businesses along the street. They did not find any additional land for consideration. Mr. Hough provided a view graph showing the present zoning map of the area and the Shopping Center zone covers the Perry Avenue Mall as well as some duplex residential zoning. The proposed site is zoned Residential 5 units per acre. TAPE #999 City Council Reg. Mtg. Minutes February 26, 1992 Page 28 of 35 The City's Comprehensive Plan is very general for the proposed area. Part of the applicant's proposal is to include some commercial along the frontage of Perry, which is consistent with the Comprehensive Plan. The reason for the application is that the applicant has applied to Kitsap County and received approval for a multi- family residential development at 18 or 19 units per acre. Since this development is not consistent with the City's Comprehensive Plan, the only way for this project to receive city utilities, which it needs, is to make the City's plan consistent with that development or make the development consistent with the City's plan. Since the project was already approved in the County, they are now requesting an Amendment to the City's Comprehensive Plan. When the Planning Commission reviewed this proposal, they looked to see if this area was suitable for high density residential. The basic idea is that the City's planning goes well beyond the City Limits with the expectation of annexation. This particular area had a lot of benefits for high density, i.e, being across the street from a major shopping area, within walking distance of trade, public services and entertainment type businesses, and availability of transit. The design of the project would feed most of the traffic back onto Perry Avenue rather than throughout the residential neighborhood. Also, there is a creek that flows along the back side of the proposed project, which also further separates the project from the residential on the east. After reviewing the criteria in the Comprehensive Plan, the Planning Commission decided that the subject site was a good site for high density residential for all the reasons included in the Findings Of Fact and Conclusions Of Law. The Planning Commission did not look at the site plan nor the County zoning as those issues are still within the County's jurisdiction and the City has no control over zoning or site plan review. The Planning Commission's recommendation is for approval of the Comprehensive Plan Amendment. Mr. Houqh quoted the following out of BMC 15.02.040, a policy dealing with the provision of services outside the City limits: "Any parcel of property that is outside existing City limits must support annexation to the City as a condition of receiving City Utility service. Property that is outside existing City limits shall be permitted Utility service only upon entering into an agreement with the City providing for annexation at such time the City may deem appropriate and consistent with any proposed extra-territorial Comprehensive Land Use Plan And Development Standards for the property". TAPE #999 city Council Reg. Mtg. Minutes February 26, 1992 Page 29 of 35 What is happening with this policy is the developer cannot obtain City services for a project unless it is consistent with the Plan and unless they agree to annex when that time comes along. The developer did discuss annexation with the City initially and they were told annexation was not a strong possibility because of the shape of the area and the City has had annexations turned down because of irregular boundaries. The Boundary Review Board and State law tries to have cities create nice square, straight line boundaries that make sense. This particular site juts out to the east of the Perry Avenue Mall and is the only property that would be east of Perry Avenue and there still is some in fill that needs to be done south of the Perry Avenue mall. Therefore, they did not feel this was a strong annexation possibility, however, the applicant has submitted a 10% petition to annex. Travis Reed, Chairman Board Of Commissioners North Perry Water District, stated he needed clarification on the statement in the staff's report: "however, the project needs City utility services". He pointed out Perry Avenue is the boundary between North Perry Water District and the City. When this project started about 1/2 year ago, the developer came to the Water District and questioned if they could serve water needs. A letter from the Water District was issued to the developer stating: "yes we can and will serve water in this particular area". He needed clarification as to whether the City would honor the present service area boundary and allow them to serve water in that area and the City only serving sewer, which is not within the Water Districts Franchise. Mr. Houqh stated his understanding was North Perry Water District would provide water service and the City would provide the sewer service. President Horton questioned if there was any other area served by the Water District that is in incorporated Bremerton? Mr. Reed stated there was one exception - on North Perry because of the development of the City and Water District, there are services on both sides of the street, some by North Perry and some by the City depending on who had the service at the time. It has been an acceptable arrangement. There have been some preliminary discussions between Mr. Duffy and the Water District's Manager about the possiblity of exchanging those areas thereby cleaning up the boundary lines. Mr. Johnson questioned if there were agreements between the City and North Perry Water District? Mr. Reed stated there have been boundary agreements. He believed Mr. Johnson was thinking of Tracyton Water District. mr. Reed stated he was happy with the clarification he requested. Mr. Waibel stated he receives a combined water and sewer bill each month and his sewer bill is based on water usage, he TAPE #999 city Council Reg. Mtg. Minutes February 26, 1992 Page 30 of 35 questioned how did the City charge for sewer when they would not be receiving City water? Mr. Hough stated he did not know how that worked. Mr. overson stated people who have wells but are on City sewer do receive bills based on something.. Mr. Waibel stated in Mr. Hough's statement he noted that the way cities grow is through annexation. This City has had a problem growing through annexation. If you look at the City's boundary all the way around the City we are getting high density development and the City is providing services. Whenever the City asks to get some of the tax money those people pay, the City gets a hassle from the Boundary Review Board and folks screaming "I don't want to live in the City because it is not rural any more"! The City keeps getting promised that the City will get the property taxes from the areas that the City is serving all the services, such as streets. The reason we have a policy that we will not serve those areas unless they fit into the Comprehensive Plan is to make sure the City gets the necessary remuneration to provide the services the City provides. He questioned when will we annex this area? Mr. Colvin pointed out there are irregular boundaries all around the City and the developer of this project wants to come into the City. President Horton emphasized annexation could only happen if the Boundary Review Board doesn't kick it out. The proposal does form an irregular boundary and that is one of the Board's favorite reason to deny annexations. Mr. Johnson reminded everyone of the Bremerton school the Boundary Review Board wouldn't let the City annex. He was not going to support requests such as this proposal and pointed out the City already had Fred Meyers, Sun Fjord, etc.. The County is suppose to be stopping "sprawl" and the City is suppose to be doing "high density". If the City does do high density it has to be done with quality urban design. If Council did approve the Comprehensive Plan with no control over the site plan, development and zoning we would get what we usually get in those few cases when we can annex are no roads, cul-de-sacs, no sidewalks, not designed for urban. He urged that first the property needed to be annexed into the City and then design it so it is good for urban living with high pedestrian access, usage and not take it "after the fact". Mr. Collins pointed out on the opposite side of town on Marion Avenue there is the same kind of thing...Marion Avenue Apartments directly across the street from a school. The City had no control over that project, however, the city is TAPE %999 City Council Reg. Mtg. Minutes February 26, 1992 Page 31 of 35 providing water and sewer service. People living in that area do not always know that they reside in the County and are not serviced by City police. He did not support this proposal and felt it was just making another "Marion Avenue Apartments". Mr. Overson stated there is the need for growth and development but he believed the County should be likened to rural. He questioned the definition of R-57 Mr. Hough stated low density residential 5 dwelling units per acre. ~r. Overson questioned if the County spot zoned this proposal so they could put it on the City's border? Mr. Hough stated that was how the County processes these - it is generally a Planned Unit Development with a rezone. Everything surrounding the City of Bremerton is designated on the County's Comprehensive Plan as either urban or semi-urban, allowing up to about 30 units per acre. President Horton pointed out Fred Meyers is located in a semi-urban zone. Mr. Overson stated following the analysis of the Boundary Review Board and what is acceptable to them, when do we see this area potentially meeting the Boundary Review Board requirements to annex into the City? Hr. Hough stated once we start filling below the site Mr. Duffy has plans to include an annexation. President Horton noted the Kitsap County Regional Council is working on urban growth boundaries and at that point in time she suspected that area will be seen as not being refused by the Boundary Review Board because it will be part of the urban growth area. Mr. Hough stated he believed it would be within a year or six months of having an agreement between the City and County as seen through the Regional Policy and Urban Growth Management Agreement between the City and County for things including urban growth, growth areas and how annexations proceed and how utility services are provided and coordinated with these areas. TAPE %1000 Mr. Hough stated the proposed site of 7+ acres, under the current City's Comprehensive Plan, could develop with three units per acre or about 20 unites all on septic systems. He was not sure that was in the City best interest. President Horton questioned if the majority of the houses surrounding that site were on septic systems? ~r. Hough stated yes. He noted part of the benefit of this project, if approved and built, would be some major utility improvements such as a pump station and major sewer lines. That would mean the homes with failing septic systems could hook into that sewer, which would include annexation agreements. Mr. Waibel questioned if Mr. Hough had received a 10% petition TAPE #1000 City Council Reg. Mtg. Minutes February 26, 1992 Page 32 of 35 for annexation? Mr. Houqh stated he believed so. Mr. Waibel noted if the City has a 10% annexation petition without any utility agreements and the City goes through the annexation process, we might make it if the people want to be in the City. Mr. Colvin requested Dr. Lindstrom to speak. Dr. LindstNom, retired Dentist, stated he previously had a financial interest in the subject site, however, he did not at this time since he sold it to the developer. He noted the three houses on the subject site are poverty level rentals. He believes they are an eyesore and he viewed the development as a definite benefit to the area. He gave his support to the developer during the County hearing process. He emphasized the proposed project does include sidewalks, access off Perry Avenue and a day care center in the northern corner of the site, with the remainder being in rental units. He felt the design was very attractive and the developer had gone to great expense for drainage and water runoff. He also emphasized he was not representing the applicant, but just doing it for informational purpose. He believed the developers to be quality conscious and have put a lot of money and time into the project already. 90075 M/S/C/U(Waibel/Estes) to table this item until the annexation petition is processed. 6C - ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT FOR LEGA?, SERVICES -- DAVID ARMSTRONGt ~AB92-053 This contract was approved by Council on June 26, 1991, for calendar year 1991 with maximum fees estimated at $20,000.00. The City did incur services billed at $14,612.00 through 1991. The proposed Addendum covers the litigation for 1992. To date, extensive discovery has been completed by both sides and it is anticipated that an additional $15,000.00 in fees should cover remaining discover, legal work, and court appearances needed for dispositive motions. If the case continues to trial, it is unlikely trial will be scheduled this year, therefore trial costs are not estimated as part of this contract extension. The need to retain counsel due to conflicts as discussed last year was confirmed and clarified by Court Order. Council members Waibel, Horton and Collins stepped down from this issue due to a conflict of interest, with Council Vice President Dawkins taking over as Acting President. lan Sievers stated he did include the Court Order in the TAPE #1000 City Council Reg. Mtg. Minutes February 26, 1992 Page 33 of 35 Agenda packet because there was some public comment, when the contact was initially approved, questioning his determination that a conflict attorney was needed for the case. Public comment - none. #0291 M/S/C/U(Johnson/Estes) approval of Addendum to Professional Services Agreement. Council members Waibel, Horton and Collins returned to the Council Chambers. 7A - ORDIN~NCE NO. 4365 (SECOND READING) t ADOPTION OF AMENDMENTS TO BREMERTON SHORELINE MASTER PROGRAMt ~AB92-048 On August 15, 1991, the City Council adopted Resolution No. 2358 - a resolution of notice of intent to adopt amendments to the Bremerton Shoreline Master Program. The amendments address public access, shore modification, view protection, moorage, Kitsap Lake and Bog, and various administrative "housekeeping" amendments. The amendments also include Environment Designation Map amendments. The Washington Department of Ecology (WDOE) adopted the amendments on February 5, 1992. The City Council now needs to adopt those amendments by Ordinance. Councilman Fitz stepped down from this issue due to her not having been present during prior Council action. Public comment - none. #0352 M/S/C/U(Colvin/Estes) to approve Ordinance No. 4365 attached in Exhibit C. Councilman Fitz returned to Council Chambers. 7B - ORDINANCE NO. 4366 (SECOND READING) AMENDING THE OFFICIAT, ZONING MAP OF THE CITY OF BREMERTON TO APPLY CITY ZONING TO THE BREMERTON HEIGHTS ]~qNEXATION AREA~ ~AB92-049 In September, 1991, the City of Bremerton completed the annexation of an area known as Bremerton Heights, located between Oyster Bay Avenue and Bremerton Boulevard, and immediately south of the proposed City Public Works Complex site. Upon annexation, "provisional" zoning was applied, with the understanding that the Planning Commission would later review the Comprehensive Plan and Zoning of this area and make its recommendations to the City Council for the final designations. The Planning Commission conducted its required public hearing TAPE #1000 City Council Reg. Mtg. Minutes February 26, 1992 Page 34 of 35 and has forwarded its recommendations to the City Council. This public hearing has been scheduled to consider those recommendations and to accept public comments. Amendments to the Comprehensive Plan are made by Resolution. The Zoning Map is amended by Ordinance. Public Comment - none. #0386 M/S/C/U(Waibel/Estes) recommends passage of Resolution No. 2378 to amend the Comprehensive Plan, approval of Ordinance (First Reading) to amend the Zoning Map, and passage on Second Reading of Ordinance No. 4366 to amend the Zoning Map. 7C - ORDINANCE NO. 4367 (SECOND READING) ESTABLISHIN~ OPERATION OF AMBULANCE SERVICE WITHIN THE CITY LIMITSt ~B92- O3O This Ordinance is a revision of BMC Chapter 5.50. It deletes the Chapter in its entirety and establishes an Ordinance in line with Federal, State RCW's and WAC'S as well as local requirements. It establishes a rotation policy for current and future participants, eliminates a 3-ambulance requirement and implements a performance-based criteria. The ordinance allows the Council to approve rates for 911-initiated calls only. Public comment - none. Mr. Waibel questioned, on page 11 of the ordinance, if changing the last sentence under Section 5.50.130 to read: "The City Clerk shall present a regional comparative rate survey and recommended rates .... ", would change the intent of the ordinance? Ian Sievers, City Attorney, stated no, Council can take a recommendation from anyone and if Council feels there is actual staff study that should go into that survey as well as just presenting the survey, that would be acceptable. Mr. Waibel stated based on earlier hours deliberation he wanted to clarify exactly what Council desires from the City Clerk by changing the last sentence of Section %5.50.130 to read: "The City shall present a regional comparative rate survey with recommended rates for each item to the Council for consideration in approving 911 rates". #0454 M/S/C/U(Waibel/Johnson) to pass Proposed Ordinance No. 4367 and passage on second reading including the change to the last sentence in Section #5.50.130 as stated above. With no further business meeting adjourned at 9:20 P.M. TAPE #1000 City Council Reg. Mtg. Minutes February 26, 1992 Page 35 of 35 KATHLEEN L. McCLUS[EY, City Clerk IA~NN HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault