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HomeMy WebLinkAbout11/09/92TAPE #1070 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOVEMBER 9, 1992 NOV s 4 #0030 #0064 #0076 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, Monday, November 9, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Hank Waibel, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney, Ian Sievers and City Clerk, Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Council Member A1 Colvin. President Hotton announced that Item 7C was pulled until the December 2, 1992 meeting and Item 7E was pulled indefinitely. CONSENT AGENDA A. Minutes of Meeting - October 28, 1992 #AB92-274 M/S/C/U (Waibel/Fitz) 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. M/S/C/U (Colvin/Dawkins) on November 9, 1992, the Council does approve for payment those vouchers included and further described as follows: check numbers 159604 through159708, and check number 159524 (for bottled water) in the total amount of $144,236.82 and regular payroll ending 10/31/92 in amount of $602,937.81. President Hotton stated that unless the water is proven to be undrinkable, Council will not approve payment for any more bottled water bills. COUNCIL MEMBER REPORTS Mr. Johnson stated the bottled water bill they paid tonight went to the golf course where there are no facilities for drinking water. He also commented on the recent department TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 2 of 12 heads firings stating he didn't know if the firings were merited, but found the process used to be embarrassing to be on the same City government, and everyone needs to be treated with dignity regardless of their job or position. He stated people need to be told of their shortcomings, have that documented, and then be given the opportunity to respond to those shortcomings. He felt the manner in which this was handled sends a bad message to the rest of City's department heads. #0113 Mr. Colvin reported that District #1 is having a meeting Thursday, November 12, 1992 at 7 p.m. at Sheridan Park Community Center. Subject of the meeting is "Neighbors helping Neighbors" with Officer Jon Johnson discussing the Block Watch Program. Mr. Colvin stated last Friday he attended his first Growth Management seminar and it was pointed out that the counties must take the lead. He interpreted that to mean that cities and counties must start talking to each other. A citizen called him about the Ad Hoc Committee and discussed the citizen's concerns, namely length of meetings, sketchy minutes and committee members objections to the meetings being tape recorded and the recorder being turned off at times. He expressed concern that the final product be a worthwhile product. #0203 Mr. Collins announced that at 2:30 a.m. his daughter provided them with their second granddaughter. Concerning the recent firings, Mr. Collins stated he will not comment on the procedure, but feels the Mayor is in charge of personnel of the City and feels the Mayor did what he did in the best interest of the City. #0240 Mr. Overson stated he agrees with Mr. Johnson. One day the Mayor said there will be no pink slips and a couple days later two senior managers are fired, which in his opinion is inappropriate from a human standpoint and irresponsible from the City's standpoint because severe damage has been done to the people and the City. #0261 Ms. Fitz reported last Friday she attended a meeting at the Bremerton School District along with Council President Horton and Mayor Mentor. The Gang and Drug Committee at the School District has determined their goal for this year is to post all schools in the Bremerton School District as Drug Free zones. Each school will be posted within a 1,000 foot radius and within that area anyone caught dealing drugs will not only get the mandatory sentence, but 24 extra months and there will be no plea bargaining. While it will not stop all drug dealing in the City, it will keep it away from the schools and TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 3 of 12 if it doesn't, the penalty will be even greater. She encouraged all citizens to get behind this effort. City parks are also considered Drug Free zones, and those dealing drugs within the parks face the same penalty. Soon, people will be hearing about this and in the spring large yellow and black signs will be erected around the schools that say "Drug Free Zone". Cooperation is requested from the citizens as some signs may be posted close to their property. #0326 Mr. Waibel stated typically there is a week between meetings and asked if Mr. Sievers had a response regarding the landscaping on the school construction project? Ian Sievers stated they are sending a letter to the School District demanding they supplement their landscaping according to the plans approved at the Planning Commission level. Mr. Walbel stated his understanding that a lot of mud is going into the water during the last couple of heavy rainfalls and asked if they are complying with EPA and DOE? Mr. Sievers stated they have not looked at that, but they are in violation of their erosion onto the City streets and there's the potential for future action if that happens again. Mr. Waibel felt it is hypocritical of Council to direct the Mayor to "clean house" before Council will let him do anything, and then when he does "clean house" say he shouldn't have done it. Mr. Overson stated Council never asked the Mayor to "clean house". #0387 PUBLIC RECOGNITION Mayor Mentor stated in relation to the firings, the easy thing is to do nothing, he chose to do something which he believes is the correct thing. Mayor Mentor discussed the Drug Free Zone meeting with the School District and felt the citizens are supportive of having Drug Free areas in the schools. He also attended a meeting last Friday with representatives of law enforcement offices in Kitsap County. The Mayor stated there is concern that there is not enough communications between various law enforcement agencies in the County and he attended to discuss the levy just being passed, and to assure all agencies that Bremerton is ready to cooperate in everyway we can. This Thursday morning Main Street and the Chamber are meeting at Melody Lane to discuss law enforcement concerns in the downtown area. Mayor Mentor stated City Hall is closed Wednesday due to Veteran's Day Holiday. #0464 Cecil McConne11, member of Ad Hoc Committee, discussed minutes of their meetings. He stated the meetings are public and everyone is welcome to attend. After the last meeting they decided they will go back to taping the meetings. They are having trouble locating a tape sensitive enough to pick up everything said. He stated the meetings are three hours long #0579 #0607 TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 4 of 12 but they don't feel that is too long. He asked Council to direct them to use the tape if that is their desire. M/S/C/U (Colvin/Collins) require the Ad Hoc Committee to tape their meetings in their entirety. Abstain - Waibel 6A - INFORH~TION ITEM: STATUS REPORT REGARDING THE GOLD MOUNTAIN GOLF COURSE N~INTEN~CE FACILITY, #~B92-275 Per City Council's request and the Ivary & Associates professional services agreement scope of work, this agenda item represents the first in a series of monthly status reports regarding the Gold Mountain Golf Course Maintenance Facility project. Vicki Vanneman, Parks Director, stated this is the first of many status reports on designing a new maintenance facility at Gold Mountain, and designing it for future expansion if the City decides to move forward with a 9 or 18 hole expansion. She referenced documents contained in the agenda packet, stating the site plan and project schedule are preliminary and will be until they return to Council with cost estimates and phasing recommendations. She stated Mr. Ivary will be making that presentation in approximately two weeks. She discussed the design phase and stated it is going quite well. A systematic approach has been taken and the attention to detail will ensure the City will have a quality facility and clear specification for the contractor to follow. Ms. Vanneman stated she has received excellent cooperation from the Engineering Department and today the survey crew completed the boundary survey, which is an important step in the progress. Using detailed sketches, Ms. Vanneman explained details of the grounds design and new facility buildings. President Hotton stated according to the preliminaryschedule, the bid process will start January 29, 1993. As they are trying to put together a Public Works Complex and the buildings are the same type or similar, she asked is it a possibility they could go to a joint bid to take advantage of a lower price to get more for their dollars; and, is it possible to get the design of the Public Works buildings by the end of January? MaYer Mentor stated the timing is about the same, the design is not being done in-house. He stated he will look into that to see what the possibilities are. Mr. Overson asked if they are working on a ceiling for funds as far as construction? The estimate for budget purposes for 1993 is $400,000 for this project. With the Golf Course revenue they do have some latitude with the Golf Course #1087 TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 5 of 12 budget. If Council chooses to do the entire project and it is more than $400,000, the Golf Course budget would allow for that latitude. Ms. Vanneman stated they intend to give Council cost estimates for the entire maintenance facility and it's sized for 36 holes. At some point in time there will be 36 holes... it might be next year or 10 years, but that project is going to be tackled and the maintenance building is being designed with that in mind. PEesident HoEton stated when Ms. Vanneman came to Council at the last study session and discussed the maintenance facility they were looking at golf course expansion in October, which has not come to pass. She asked if Ms. Vanneman had an idea when she will come to Council with a design or the next phase? Ms. Vanneman stated now that the maintenance facility is underway, and following discussion with the Mayor, she feels comfortable proceeding with an RFQ to begin the design phase for the expansion. Council should be hearing about that within the next month, at least before the end of the year. ME. Collins stated when they last discussed this, he asked for a PERT diagram but the Minutes reflected it as being a PARK diagram. He stated the initial and revised schedule is not what he is interested in. He wants to see a PERT diagram. This is a very involved project and it is a good project and Ms. Vanneman has good ideas, but Mr. Collins felt they need a better type of scheduling than what is shown here. Ms. Vanneman stated she had talked to Mr. Ivary about a different format for the next presentation to Council in the next two or three weeks; cost estimates, phasing, and final site plan. Ms. Vanneman concluded that she feels the format will be satisfactory to Council. 7A - CHANGE ORDER NO. 4 (FINAL) OUIGG-BROS., MCDONALD, INC. CONTRACT FOR CONSTRUCTION OF BREMERTON OVERWATER PARK, #AB92- 176 This change order (final) adds $6,614.61, including WSST 7.8%, to the present contract and does not change the date of substantial completion. The new contract amount is $2,200,955.72. Kathy McCluskey noted that according to the Treasurer, there is a balance remaining in construction contingency of $8,217. ME. SieveEs stated this is final change order on the construction contract, allowing a final EPA grant application. Public comment - none #1280 TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 6 of 12 Mr. Overson discussed the Overwater Park project totaling $3,071,000 which is significantly different from the $2,000,000 presented and asked if there is an easy explanation. President Hotton stated the $2,000,000 is just for the construction. Mr. Sievers stated this looks like the mitigation total and that's in the reserve fund. Mr. Overson asked if that means there are other changes in order? President Hotton stated this is the final construction change order. Mr. Overson stated the contract amount should read $2,571,000. President Hotton stated the contract portion with Quigg Bros. is $2,200,855.75, which excludes design, mitigation or anything else. M/S/C/U (Overson/Waibel) approve change order no. 4 to Quigg- Bros., McDonald construction contract. President Horton asked Mr. Sievers if he can check on the Portico contract and see if there is a final amendment to that contract. Mr. Sievers stated he believes that there are a couple of items before closeout of that contract with an estimated amount of $18,000. President Horton stated if that is the case, the City Treasurer needs to prepare a budget adjustment. Mr. Hanna stated according to the last conversation with Mr. Baker, final amounts to Portico and Art Anderson were open to negotiations. If they have been firmed up, he will proceed with a budget adjustment request. 7B - LEASE AGREEMENT BETWEEN CITY OF BREMERTONAND NORTHWEST COMMUNICATIONS/US WEST PAGING, INC., #AB92-277 The lease agreement with Northwest Communications/US West Paging, Inc., (formerly Kelley Communications Co.) for operation of a telecommunications system expired May 14, 1991. Attached for City Council's consideration is a proposed agreement to allow continuance of operation of tele- communications equipment at the site known as CS-18 Coast Guard Site, at Cheryl Street and Olympus Avenue in East Bremerton, for an additional five years and to establish a monthly site rental fee of $412.80 plus applicable leasehold tax during the first year of the lease. Mr. Sievers stated this is a continuation of the existing lease and the term reflects cost of living (CPI) over the past lease. Mr. Waibel asked how this can be a continuation when the lease has expired? Mr. Sievers stated there has been a carryover and they have been making lease payments. Public comment - none #1345 M/S/C/U (Dawkins/Colvin) approve the lease agreement between #1372 TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 7 of 12 the City and Northwest Communications/US West Paging, Inc. and authorize the Mayor to execute the agreement subject to City Administrative Policies and Procedures. 7D - AMENDMENT #l/CONTRACT #3413 - PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC., #AB92-279 The Utility, in response to the request of residents of the west side of Kitsap Lake for wastewater services, has a requirement for professional services for the design of a wastewater system to serve that area. This amendment provides for design of the West Kitsap Lake Sewer project. Design services include surveying of the improvement area, preparation of plans and specifications for construction of a wastewater pump station, collection and force mains, cost estimates, and bidding services. The estimated cost of professional services is $43,596. Bill McKinney, Utility Forestry Supervisor, stated he will answer questions and there are representatives from Parametrix available as well. Mr. Waibel stated it appears the overall contract is being increased and inquired if this means they are coming in over the original $50,0007 Mr. McKinney stated the additional $43,000 cost is for surveying and other engineering for the design. It is in addition to the original $50,000, there is approximately a $13,000 carryover from the original contract. Mr. Dawkins asked if there is a time element? Mr. McKinney stated the plan and design must be into the DOE by the first of the year for their approval. Mr. Colvin asked what the consequences would be if the time element is not met? Mr. McKinney stated 60% of the residents have signed promissory notes for their portion of the cost of the main. There is approximately $300,000 available from Centennial State Funding. In response to an inquiry, he also stated in the 1-1/2 hours he had to review six months of work, he didn't see any problems. He stated it is part of the comprehensive plan for sewer expansion and will fit in with the rest of the system. Mr. Johnson inquired if this schedule will permit meeting the grants as planned. Walt Berschauer, Parametrix, stated the reason for the time schedule is that the closing date for applying for grants is February 21, and a set of plans must be submitted to DOE 30 days in advance in order to be eligible for grant funding. They are targeting for January 15 or before. #1630 #1732 TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 8 of 12 Jack Lefcoski, Kitsap Lake resident, encouraged the City to have Parametrix prepare all the grant papers. The City's Utility Department is in transition now, and feels this should be given to professionals to prepare. M/S/C/U (Dawkins/Colvin) approve amendment #1 to Contract #3413 for the preparation of design plans and specifications associated with the proposed Kitsap Lake sewer system and authorize the Mayor to execute the amendment subject to City Administrative Policies and Procedures. Mr. Overson was out of Chambers during the vote. President Hotton stated there will be no budget study session following the Council meeting. They will meet next Monday. 8A - RESOLUTION #2413 ADOPTING THE CITY OF BREMERTON COMBINED SEWER OVERFLOW REDUCTION PLAN, #AB92-281 The Utility, pursuant to Washington State DOE regulations promulgated under Washington Administrative Code 173-245, is required to formally adopt a plan for the reduction of combined sewer overflows into waters of the State. The City's plan provides for characterization and analysis of CSO facilities and control methods and sets forth a schedule of projects for compliance with the Washington State DOE regulatory requirements. Kathleen Caha11, Water Quality Manager for Utilities Department, stated the Utility has been working diligently in the area of Combined Sewer Overflows (CSO). Although the overflows are addressed in State permit for the treatment plant, Bremerton is required, by State law, to develop a plan of action to reduce overflows that occur during heavy rains. Work on this CSO plan has been in progress for several years, which has taken a great deal of planning and regulatory review. Using a chart, Ms. Cahall discussed the plans for water quality improvement for Dyes and Sinclair Inlets. Mr. Johnson inquired if the City is responsible for CSO 17. Ms. Caha11 responded in the affirmative. President Hotton stated that is the one the Shipyard has asked the City to move. Public comments - none Mr. Johnson inquired as to the difference between this plan and the Consent Order from the Department of Ecology? Ms. Cabal1 stated they have met with the DOE and they are in agreement with how the City has prioritized their plan. The TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 9 of 12 Consent Order will formalize this Plan in that order. Mr. Johnson asked what will this do to the average person paying their sewer bill? Ms. Cabal1 stated each project has their own financing, the Consent Order would just be following the plan as it is outlined. Mr. Johnson stated his understanding is that once this goes in, the City will adhere to that order, grant money or not. Ms. Cabal1 responded yes. Mr. Sievers expressed opinion that there is a contingency; if something is infeasible and calls for grant money for a portion of the plan, there would be a renegotiated Consent Order. Ms. Cahall stated with the Consent Order it potentially puts the City in a higher priority for grant funds. Mr. Johnson stated the State is also having funding problems with less and less funding available, and if the City is tied to this by an agreement, he doesn't want the City in the position of having astronomical rates. He stated the City needs to adopt this plan, but when negotiating the Consent Order to make sure there will be reasonable rates. ~r. Sievers stated Council will address that at a future meeting. Ms. Caha11 stated these two projects are in progress, hopefully the City will be in a position in Februaryto apply for grant monies. There is a push to get these going so they can meet that window to apply for the grants. Mr. Colvin inquired if there is any feeling on how this will affect consumer rates. Ms. Cahall stated the plan doesn't address that, but each individual project does. They won't know until they get to each project, and whether or not they can get grants or loans. Susan Denis, CH2M Hill, stated it is difficult to answer the question on what the impact will be due to the unknown quantity of construction costs as well as the impacts of grants and loans. In the past, Ecology has defined what they call a hardship rate which is based on a medium income in the community affected. Beyond a certain rate, DOE tends to contribute more funds. Ms. Denis estimated the City would be eligible for that funding. She also stated she felt the rates to users need to be specifically addressed in the Consent Order. President Hotton asked Ms. Cahall if this is a wastewater project? Ms. Cabal1 responded yes. President Hotton stated State and Federal governments have said this will be a priority, with cities to look at establishing a storm water utility, either within the system or as a separate system. She asked how, at that point, will this be segregated out for #2250 TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 10 of 12 storm water versus wastewater, in terms of projects, funds, etc? Ms. Caha11 stated each basin is segregated out and it depends on the options for each basin, whether it's separation which would be two complete basins, storm water, wastewater, sanitary flows. In that case, it would impact storm water... it depends on what is chosen. Ms. Denis stated each project is unique and the City has some latitude in assigning a project to one utility or another. Mr. Colvin asked if the goal in the future is to separate stormwater from wastewater? Ms. Denis responded in the affirmative. She stated the CSO reduction plan is that which will happen sometime beyond year 2000, but the immediate goal is to go after the largest CSO problems first. Mr. Overson asked if a portion of the bonds that were started last week are going in the direction of solving some of these problems? Ms. Denis stated it is her understanding a portion of those bonds will be used to pay for engineering and staff services. She also stated she was not aware of the construction funds and where those will be derived from. M/S/C/U (Collins/Waibel) to approve Resolution #2413, adopting City of Bremerton Combined Sewer Overflow Reduction Plan and authorize the Utility to implement said Plan subject to City Administrative Policies and Procedures. 8B - RESOLUTION #2414 AUTHORIZING CONCURRENCE TO DYES INLET/ CLEAR CREEK WATERSHED ACTION PLAN, #AB92-282 The Puget Sound Water Quality Authority promulgated rules pursuant to RCW 90.70 to develop and implement action plans for watersheds in the Puget Sound Basin most in need of corrective and preventive actions. Under the rules, a local watershed management committee developed an action plan for Dyes Inlet and Clear Creek Watershed. Each planning and implementing agency in the area is required to issue a statement of concurrence or non-concurrence with the Plan. A statement of concurrence must indicate a jurisdiction's intent to adopt implementing policies, ordinances and programs. Non-concurrence should specify revisions to sections of the plan which require that jurisdiction's involvement. Two unresolved issues are described in the final revised plan in chapter 6, page 104. These are: 1) a broad ranging recommendation to direct commercial and high density development and redevelopment to urban areas where services are already available; and 2) a recommendation that Kitsap County classify all land in the Chico Creek, Clear Creek and Barker Creek basins that are managed for timber production as "forest lands". TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 11 of 12 The final plan will be submitted to Ecology for approval. Ecology may resolve remaining unresolved statements of non- concurrence. The City must incorporate, subject to available appropriated funds or other funding sources, the provisions of the final approved plan in its planning, regulatory and appeals actions. This resolution authorizes the Mayor to execute a statement of concurrence with the Action Plan elements involving City action. Mr. Sievers stated the County, who is the lead agency, is pressing a deadline and must get this to DOE so they may submit applications for funding, which funds many of the actions addressed in the Plan. Mr. Johnson asked if this is the same plan the County had trouble with where they wouldn't protect the banks at Clear Creek and Chico Creek? Mr. Sievers stated he wasn't involved in the negotiating process with the regional committee, but it appears those issues were placed on an unfinished agenda to be resolved through the Growth Management process. Public Comments - none #2504 M/S/C/U (Johnson/Colvin) approve Resolution #2414 authorizing statement of concurrence withDyes Inlet/Clear Creek Watershed Action Plan. 8C - ORDINANCE #4395 PROVIDING SUPPLEMENTAL TERMS AND CONDITIONS FOR ISSUANCE OF WATER/SEWER REVENUE BONDS AND DECLARING AN EMERGENCY, #AB92-283 The City has been informed by bond counsel that the bond insurer will require certain additional provisions beyond those provided in Ordinance #4393. These additional provisions will be necessary in order to obtain bond insurance which is an essential element of the transaction, therefore, emergency passage is requested. Mr. Hanna, City Treasurer, characterized the changes as "boiler plate" changes, and stated when the underwriters attempted to execute the insurance contract it came to light that these specific provisions would be required to be in language of the Bond Ordinance, where the earlier assumption had been that their inclusions in a contract for the provision of insurance would be adequate. There is nothing in these provisions that changes the structure or nature of this transaction in any way. It just clarifies and adds some TAPE #1070 City Council Reg. Mtg. Minutes November 9, 1992 Page 12 of 12 specifics to the City's reporting requirements, as keeping the provider of the bond insurance informed throughout the life of the bond issue. The Underwriter and Bond Insurer assured Mr. Hanna that there is nothing in this ordinance that will cause a hardship to the Utility. Mr. Hanna also stated that since the closing date for this transaction is coming up quickly, there is emergency language in the ordinance which will require unanimous passage. Mr. Walbel stated there's a provision against the City using anything other than a policy issued by the Bond Insurer, and asked what other kinds of policies would the City think about using? Mr. Hanna stated he discussed this with the underwriter as they are trying to accomplish a single bond insurance policy. Dick King, Lehman Bros., the underwriter, stated the specific provisions they were trying to cover is if the City should use a surety bond in place of a cash investment to meet the debt service requirement and to use some other type of bond insurance for the bonds themselves. Public comments - none. M/S/C/U (Waibel/Fitz) emergency basis. to pass Ordinance No. 4395 on an With no further business meeting adjourned at 7:05 P.M. KATHLEEN L. McCLUSKEY, City Clerk LY~~NHORT~N, Council President City of Bremerton KLM/LH/eh cc: Normal Distribution File/Vault