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HomeMy WebLinkAbout04/15/92TAPE #1011 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0050 APRIL 15, 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, April 15, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, Hank Waibel, C. R. "Tiny" Collins, 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 Councilman A1 Colvin. President Horton announced Item 7E was moved to the Consent Agenda; and Item 7A would be the first item of business. 7A - APPOINTMENT OF RICHARD NEVILLE AS COUNCILMAN OF CITY COUNCIL DISTRICT #5/SWEARING IN CEREMONY, #AB92-093 Due to the resignation of Wayne Estes from City Council District #5, Council must appoint a replacement within a 30- day period. Following the review of three applicants, the City Council proposes the appointment of Richard Neville to the position of Councilman, District #5. M/S/C/U(Dawkins/Colvin) to confirm the appointment of Richard A. Neville to the position of Councilman, Council District #5. #0134 Municipal Court Judge Bruce Martin administered the Oath Of Office to Richard Neville. Mr. Neville introduced his wife Kathie and son Matthew. He thanked Council and his family for their support. President Horton requested Mr. Neville to be seated as District #5 Councilman. CONSENT AGENDA A. Minutes Of Meeting - March 25, 1992, #AB92-092 7E. Contract For Litigation Expert, #AB92-097 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 TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 2 of 30 claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. #0147 M/S/C/U(Colvin/Dawkins) on April 15, 1992, the Council does approve for payment those vouchers included and further described as follows: 147740, 147742, 147746 through 147886 in the total amount of $516,508.76. COUNCIL MEMBER REPORTS Mr. Johnson reported more citizen interest is being developed in the area of solid waste. He announced Earth Day will be April 27, and a Town Meeting will be held at Sheridan Park, 2:00 P.M., where information on solid waste and recycling will be available to the public. He emphasized there have been continued negotiations with Brem-Air Disposal Inc., and he anticipated being able to announce some of those results to the public within a couple of weeks. Fiscal and Budget Committee is continuing to scrutinize the City's budget and working with staff to try and get a dialogue going. There are problems within the General Fund budget and staff is analyzing first quarter expenditure and revenue collection information. Within a couple of weeks staff will bring recommendations to the Committee and Council to address how we will get through the remainder of 1992. If this results in a major opening of the budget, the possibility of using an 18th month horizon has been discussed so that it would not necessitate having double budget hearings within a few months time frame. Mr. Colvin congratulated Mr. Neville on his appointment and President Horton for starting the Council meeting on time. He invited Bill Jacobs to speak on behalf of Hawk Patrol Weblo's Pack 539 (Cub Scouts). Mr. Jacobs read into the record a letter of appreciation to Mayor Mentor, Councilman A1 Colvin, Police Chief Del McNeal, Fire Chief Chet Meigs, Lorie Jones, Fire Prevention Officer, Police Officer Warren Moon and Council Legislative Assistant Merilynn Erhart for their assistance in coordinating a visit for his Cub Scout troop to the Police Department, Fire Department and City Hall. He then presented Councilman A1 Colvin with an Honorary Hawk Patrol member patch, an Outstanding Citizenship Pin, and letters of thanks from each of the troop members. He noted the Cub Scout members were able to earn their Outstanding Citizenship Pin as a result of Councilman Colvin attending one of their meetings. Councilman Colvin stated his position has always been that it is better to bend boys than to mend men. Mrs. Fitz announced on April 20, there will be a Fun Run, "Drug Free America", sponsored by the DWI Task Force and U.S. TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 3 of 30 Army's Stay In School Program. This run will start at 2:00 P.M., at the Hood Canal Floating Bridge and proceed through Silverdale, Bremerton and end at Jarstad Park in Gorst. Participation in this run is encouraged and anyone may join any where along the route. At the conclusion of the run, a celebration will be held at Jarstad Park. Mr. Waibel reminded everyone the Kitsap County D.A.R.E. Donation Program will be held Saturday, April 18, at Bremerton High School from 6:00 PM to 9:00 PM. All 5th Grades from all schools in Kitsap County will participate and a number of the students will be performing. He was pleased to note that his daughter Holly will be one of the performers. Mrs. Hotton reported Council, as a group, interviewed three individuals for Council District #5 position. She thanked Cheri Holyoak and Kal Leichtman for applying for this position and encouraged them and anyone else in the public to considering running for office in November. PUBLIC RECOGNITION Mayor Louis Mentor reported he will be attending the Kitsap County D.A.R.E. program on Saturday evening. Following that event he will attend the Rotary's We Kare Auction, a fund raising event for the Sports Complex. Mayor Mentor read a Proclamation relating to litter abatement and proclaimed the week of April 18 - 26 as SPRING RALLY 1992 WEEK. Mayor Mentor then reviewed Brem-Air Disposal's clean up plan, which had been advertised in The Sun. The City will participate by providing a drop off center for yard vegetation waste only. Mayor Mentor stated recently there were a couple of very negative editorials about him and the overwater park project. As a result of that, he wanted to clarify that neither editor had questioned him so anything in the articles was hearsay. He referenced several old news articles that talked about plans for improvements to Bremerton's waterfront that never became a reality. He and the City Council made a commitment to complete a project on the waterfront. He emphasized money being spent on the overwater park project could not be utilized in other departments, such as the Police Department. He acknowledged he is ultimately responsible for everything and there are times when things get "out of control" and screw ups happen. Vicki Vanneman, Parks and Recreation Director, introduced Ron Corcoran, member of Pendergast Memorial Committee. Mr. TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 4 of 30 Corcoran invited everyone to attend the Bremerton Rotary bi- annual auction, with proceeds from that event will going to the Pendergast Memorial Fund. Scott Crone, president of Bremerton Soccer Club, presented a check in the amount of $2,000, in memory of George Joseph Mulnar, to the Andy Pendergast Memorial Committee. Also, in the past they had worked on joint fund raisers with the Womens' Soccer Team of Kitsap County, who also wanted to get involved in the new proposed sports complex. Therefore, an additional $1,000, from their Field Development Fund is being donated to the Andy Pendergast Memorial Committee in the name of Kitsap County Womens' Soccer organization. Mr. Corcoran accepted the $3,000, thanking the donors. Mr. Ken Perry, representing the Bremerton Athletic Roundtable, presented Mr. Corcoran a check in the amount of $1,300, proceeds raised through a RENO night event. Mr. Corcoran accepted the donation and stated it was nice to receive donations that represented a lot of hard work and individual contributions from a lot of people and that was what these checks represented. Pat Westoff, Athletic Coordinator for City, stated last week the second annual Andy Pendergast Kickoff Tournament was held with 57 teams participating. Funds raised from that tournament amounted to $4,275.00, which were generated by the donation of Kitsap Sport Shop 10-dozen balls at a cost of $600.00; Evergreen Trophies donated all awards for the tournament at a cost of $500.00; Kitsap County Parks donated the use of their fields and the Umpires Associations, both the Amateur Softball Association and United States Slow Pitch Softball Association, donated their services and game fees that equaled $1,800. A check in the amount of $4,275.00 was then donated to the Andy Pendergast Memorial Fund. Debbra Goods11, Animal Control Supervisor, presented Bremerton Animal Control's "Pets Of The Week", a male puppy about 3-4 months old and a calico cat. Ms Goodell pointed out these animals were picked up as strays, however, both of them had been well cared for and were available for adoption. Anyone adopting a dog will receive a "doggy bag", donated by a group that is promoting education for animal control and humane organizations (Kitty packs will be available soon). Ms.Goodell announced Bayview Veterinary Animal Hospital, Bremerton Animal Hospital, Wheaton Way Veterinary Clinic, Tender Care Animal Hospital and Cat Care Animal Hospital will donate a free initial veterinary examine for animals adopted out by Bremerton Animal Control. Bremerton Animal Control provides the initial vaccination and worming. When pets are adopted, owners are requested to leave a $25.00 spay and neuter deposit promising they will spay or neuter the animal. Those funds will be refunded upon receipt of certification of TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 5 of 30 spaying and neutering. Currently, there are four dogs at the shelter and available for adoption. Gary Lundy stated he was representing Kitsap Bank - Bob Mathwig Board member; Domino's Pizza, Sundown Cleaners - John DeClements, R & H Market - Rick and Jim Herdman, Karlberg Inc., represented by Ron and Kathy Karlberg, Total Satellite TV and Total Video represented by Donna and Gary Lundy, property owners Dean Gehring - owner Sundown Cleaners building. This group had reviewed the proposed plans for construction of a new improved intersection at Kitsap Way and Marine Drive. Current plans differ significantly from preliminary proposals they had each seen over the past two years, i.e, a jog in Marine Drive has been introduced that moves the intersection more than 20 feet to the south of the original planned route. This action will cause irrevocable harm to each of the seven businesses and thereby to the property owners involved. On March 26 this group met with City Engineers and were told the plans were not negotiable because they were designed according to the wishes of the Mayor. Subsequently this group met with Mayor Mentor and were told the intersection was a "done deal" and that no changes would be allowed because the land swap with Arnolds' Furniture did not allow enough room to straighten out Marine Drive. The Mayor also stated, at that time, that he had lived on Marine Drive for many years and had made this intersection a prime project when he was elected. All of the businesses involved are long established entities, who have paid sales taxes, B&O taxes and property taxes for many years to the City of Bremerton. There have been several hundred thousand dollars spent in recent months to upgrade and beautify buildings on this corner. This group feels the Mayor and Engineering Department have not considered heavy traffic flow in and out of these businesses. Total Video, R&H Market and Domino Pizza all average over 1,000 vehicles in and out per day. The Kitsap County Bank operates an automatic teller machine that is one of their highest volume locations, second only to the Kitsap Mall location. He emphasized the fact that there are very few accidents in and around this corner, which is testimony to the fact that it works. Everyone wants the intersection improved and are willing to work with the City to arrive at the best possible design. He listed the following major concerns: (1) no provisions for north bound traffic to enter any of the affected businesses. No left turns are to be permitted on Kitsap Way or Marine Drive into the corner. (2) All parking will be eliminated for Sundown Cleaners to accommodate the "jog" in Marine Drive. (3) All parking will be eliminated for Kitsap Bank ATM Machine - customers will have TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 6 of 30 to park in the R & H Market or near or in back of Total Video. (4) All parking in front of Total Video will be eliminated forcing customers to park in the R & H Market lot or behind in a lot that is already taxed for space. (5) No provision for leaving any of the businesses on the corner an exist onto Marine Drive heading north. This will eliminate a large part of all of our cliental. (6) Landscaping and parking will be eliminated in favor of an acceleration lane on Kitsap Way. This is a total waste of real estate on a 35 MPH arterial; (7) the "S" curve or "jog" in Marine Drive is to accommodate a land swap with a business that is outside the City and has never added historically to City revenue. They respectfully submit this incomplete list of concerns and requested Council to intercede on their behalf to prevent this project from moving forward until more thought is put into the design and more concern given to the adverse impact on the seven businesses involved. President Hotton requested Ms. McCluskey and Mr. Sievers to address specific points on this issue. Mayor Mentor stated he did meet with this group a week ago. At that time, he listened to their concerns and as a result did address some issues that were brought up. He pointed out there is an exit planned for entering Marine Drive and he was concerned the group had not viewed a complete plan and had misconceptions on several things. He believed a number of problems identified by Mr. Lundy had already been addressed. Currently, several of those businesses are using City right-of-way for parking, which is a real concern. Mr. Lundy stated it was not their intention to debate the design at this time, however, they have tried to give input into the engineering process that is now going on that will eventually result in an intersection upgrade that they feel they need input into. Their input has been rebuked and they have not been told they will be provided plans later. What they have been told is that it is "not" negotiable. President Horton stated there are some land use issues that do need to be clarified. Don Larson, 135 Rainier Avenue, President of Kitsap Diving Association and Chairman of Citizens Advisory Committee for Dyes Inlet and Sinclair Inlet, announced a shoreline and underwater clean up starting on Friday, April 18, at Dyes Inlet; and on Saturday, April 19, 10:00AMat the First Street Dock/Sinclair Inlet. Additionally, there will be a clean up of a large illegal dumping site in South Kitsap that is a part of the Sinclair Inlet watershed. He thanked all citizens and businesses who had helped on this event so far. 6A - OVERWATER PARK PROJECT ~PDATE TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 7 of 30 Mayor Louis Mentor reported he and City staff have met with the Corps Of Engineers several times this past week to discuss the mitigation project. The agenda for those meetings was the funding amount for doing the mitigation and it was agreed upon to use a Letter Of Credit but the exact amount had not yet been agreed upon. Negotiations are still underway with the Corps and because of that two Agenda items relating to the overwater park will be pulled off the agenda at this time. President Hotton stated for clarification that at this time the Mayor requested Items 7F and 7G be pulled off Council's Agenda. Mr. Johnson questioned the source of funding for the checks and Letters Of Credit? Mayor Mentor stated it does not cost anything. Mr. Johnson stated it was his understanding that the bank would place funds in a separate account. Mayor Mentor explained the check was written on the boardwalk project fund, which would be held until a Letter of Credit could be obtained. President Hotton questioned are we to assume the project will continue to be delayed until next wednesday? Mayor Mentor stated he was not sure if the project could be started sooner. The Corps of Engineers decided they wanted a third party to hold the performance bond because they do not have the ability to go in and build the beach restoration in the event the City doesn't complete the mitigation project. The Port of Bremerton agreed to be the "third party", and will hold the performance bond. They would undertake constructing the mitigation project if the City did not do as it promised. Mr. Colvin questioned if the overwater park contractor will pull his equipment out and then bring it back; and won't this cost the City as well? Mayor Mentor stated he did not believe the contractor would pull out his equipment and he did not know what that might cost the City if he did. Mr. Overson expressed concern that the Mayor had made the City and some banks jump through hoops based on verbal input. He anticipated next time there would be a written contract with the Corps, and if there wasn't he would not support such a proposal. The Mayor stated the check was written on the boardwalk funds but there were no funds available for the mitigation project so that did not seem to fit. Mayor Mentor explained the check would have been returned as soon as the City received the Letter Of Intent - funds would not have been expended but only acted as a guarantee. Mr. Overson questioned why write the check in the first place ... the Corps didn't know what to do with it and stated "are you bribing us"! Mayor Mentor stated he could not get into that discussion because this issue had been in dealt with in a "fish bowl", creating problems for a lot of people besides the TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 8 of 30 City. Mr. Overson urged the Mayor to provide any request he brings before Council in written form. President Hotton questioned if a check in the amount of $160,000 was taken to a bank and a Cashiers Check issued? Mayor Mentor stated that was correct. Kathleen McCluskey, City Clerk, explained the Cashiers Check was drawn at the City's bank (Seafirst) and all that was necessary was to make sure there was a balance of $160,000 in the City's account. That check has been voided because the Corps gave it back. President Hotton expressed concern over the ease with which a Cashiers Check was drawn on the City's bank account without formal action by Council. She wanted to make sure someone else cannot easily access City funds. Ms. McCluskey assured President Horton that would not happen due to the requirement of certain signers for the City. In the case of an emergency, Council is apprised through the weekly "Check Register" approval process. In a case where time is of the essence,the Mayor calling Council members and getting five of the nine to agree, which is what happened, is appropriate. Such action is rarely used. Mr. Colvin stated he believed President Horton was "on target" and this issue was more than just a "bookkeeping" issue. He found no problem with Mayor Mentor calling Council members to get their opinion of such action, but such action should be read into the record that Council did approve that transaction. Ms. McCluskey stated that would have been indicated in this Agenda Packet through the Agenda items that were pulled when they substituted the Letter Of Credit for the $160,000 Cashier Check. Mr. Colvin emphasized such action did happen, the Cashiers Check was issued and that fact should be written so stating that it did happen. He questioned how the work stoppage affected the contract with Quigg Brothers? Ian Sievers, City Attorney, stated he felt it was straight forward and covered under the general provisions in the contract. Usually there are provisions whereby the City could cause a temporary interruption of work without incurring any additional costs. But, typically anything over 24 hours or two days the City can be charged for standby time or increase their cost to the City. Mr. Overson stated typically on such work stoppages there are fines levied and he questioned if the City was being fined for such action? Mayor Mentor stated there are no fines levied at this point. Dave Baker, City Engineer/Overwater Park Project Manager, referenced Monthly Report #6. The major item has been concrete pile caps poured the length of the boardwalk area. The concrete planks are almost all on. The stop order was issued, TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 9 of 30 by the Corps of Engineers, on Thursday, April 9, 1:55 P.M., therefore, the contractor had been shut down since that time. Because of the stop order, the contractor may not be able to meet some of the responsibilities listed in preparation of the May 9th ceremony. The administration has been working with the Corps Of Engineering to resume construction. Mrs. Fitz questioned the $12,000 cost for insulating fire surface water line to the Turner Joy, which was not identified at the time of the last report, and shouldn't they be responsible for this cost? She questioned the point that the Turner Joy would use an unmetered water main to wash down the ship. Mr. Baker stated the way he understood the intent, the Turner Joy would provide the City $195,000 and in turn the City would provide a connection to the Turner Joy. Mrs. Fitz pointed out the Turner Joy group is not able to provide the City the $195,000 at this time. Mr. Baker stated that was correct. Mrs. Fitz questioned if the unmetered water would ever be "metered"? Mr. Baker stated as far as he knew it would be unmetered forever. He assumed it was agreed to by the Utility. Mr. Waibel questioned if the fire line would be used for water service to the Turner Joy? Mayor Mentor explained that line would be used to wash down the ships' decks and there was an agreement with the Utility to have it unmetered. The same thing is done for a school or business if there is separation from domestic water. Mr. Waibel questioned if that line would be used throughout the lifetime of the Turner Joy to wash down decks and was there other water usage aboard the ship? Mr. Baker stated that was the intent; and there is a separate metered domestic water line. Bill Duffy, Utilities Director, stated the Turner Joy will pay for the use of fresh waster but that used to hosed down the deck will not be charged as a sewer charge going back through the treatment plant. The deck washing water will dump out into the salt water. Mr. Overson stated he has constituents who are not hooked up to City sewer and they pay for their fresh water, i.e., drinking, watering lawns, washing cars or flush toilets, etc. Mr. DuffV explained for most residents sewer bills are based on water meter readings because it is assumed the water they use is returned to the sewer. In the case of the Turner Joy the deck washing water is not returned to the sewer. There will be a timed meter on the pumps of the ship and their sewer will be billed under a different mechanism. Mr. Overson felt deck washing would require extensive amounts of water and he viewed it as a donation by the Utility without the approval of constituents. Mr. Duffy stated he would review that point, however, he believed the meters had already been installed. TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 10 of 30 Mr. Johnson questioned how the Harbor Masters' office and moorage facility fits into the City's responsibility? Mr. Baker stated the Port of Bremerton is building all of the Harbor Masters' buildings, running utilities to those facilities and is paying for the portion of work on the concrete footings. This work is being done by Quigg Brothers, the City's contractor, and is under a change order but is being paid for by the Port. Mr. Johnson questioned if the Port was paying part of Portico's costs for tracking this project? Mr. Baker stated yes. Mr. Johnson noted he was not pleased with the design of the Harbor Masters' office and questioned if Council had a say in that design? President Hotton stated no, the permit has been issued. Mr. Baker emphasized the only thing the City's contractor will be doing on that project is the foundation. Construction of the Harbor Masters' buildings will be done by the Port's contractor. Mrs. Fitz questioned if she was correct in that there is no contingency fund? President Horton stated there is a contingency fund at this point in the amount of $160,000, but when Change Order #2 comes into effect it will reduce the contingency fund to under $80,000. President Horton questioned if Mr. Baker had an estimate of what the work stoppage was costing the City? Mr. Baker stated the contract will normally allow shut down of work for any reason by the City for 24 hours. Once that 24 hours is over, the contractor will, under normally conditions, charge the cost to rent the equipment that is sitting on site doing nothing for him. That rental cost is a variable but would amount to between $2,500 and $3,000 per day. This estimate is based on the State's "green book" rental rates. President Hotton pointed out then the City was looking at an expenditure of $7,500 - $9,000 at this point. Mr. Baker stated the contractor is not required to charge rent, but the contract does allow him to make such a charge if he desires. President Horton stated if work is actually stopped until Wednesday, April 22, potentially the City could be looking at $30,000 for work stoppage. Mr. Baker stated yes, that was correct. Mr. Johnson questioned if it would be appropriate to adjourn to an Executive Session to discuss particular issues that the Mayor could not mention at this time but did come up during the negotiations sessions? Mr. Baker stated in his opinion it would be. Mr. Sievers stated Council could hold an Executive Session if desired. Mr. Overson stated right now the report states Portico and the City will issue certificates of substantial completion for the area south of grid 16 for the May 9th ceremony. He questioned TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 11 of 30 if that statement was true? Mr. Baker stated he would not bet on it. Mayor Mentor stated the May 9th ceremony is postponed. Mr. Overson stated the present schedule proposes all funds be expended by May and questioned if the stoppage would be reflected in the expenditure ratio and will it commence to reflect the total funds, cost overages, etc.? Mr. Baker referenced the Cash Flow Chart and explained the top section includes the cost for construction administration, testing, inspection and additional design services. There is also construction activities following those categories with a total of all those costs. This particular spread sheet does not talk about design that was completed prior to the project, nor does it talk about other costs other than what has been printed on the chart. There is a difference between the total project cost and this particular spread sheet. Mr. Overson questioned if Mr. Baker had a reason for not provide the actual costs? Mr. Baker stated the reason he did not was due to his not knowing that those actual costs were that had been spent ahead of the construction project. Mr. Overson requested an explanation why there was a letter from the Mayor to the Corps Of Engineers which says we will take care of the mitigation program, yet it does not show up on any of the plans? And, he questioned the reason why on two quarterly reports there was no reference to the mitigation project? Mr. Baker explained the mitigation project was not a part of the contract with Quigg Brother nor part of the contract with Portico, nor part of the contract for testing and services. What is being presented at this time is the "contract", not the project. Mr. Oversonquestioned if the mitigation project was part of the Project Manager's concern? Mr. Baker stated yes but not part of the contract. Mr. Overson stated that was what disturbed him and felt it was misrepresentation, reporting, miss information, etc. He questioned how does anyone know the real cost of all of aspects of the overwater park project? He exclaimed it was "smoke and mirrors", which represents and misleads. He believed Mr. Baker had such information available to him and could be provided to council in the monthly update reports. Mr. Baker stated he did not have the total dollar figures nor did anyone else in the City. As of this date no one knows what the mitigation costs will be - we do know there is a process to go through and there will be a cost determined at some point in time. President Morton noted the mitigation should have been part of the boardwalk project budget. Within that budget there would have been separate contracts for the boardwalk construction, project management and mitigation project, and that piece in the budget is what is missing so everything else is kind of skewed. Mr. Baker stated that was correct. Mr. Colvln questioned for clarification if the permit to build the TAPE #1011 City Council Reg. Mtg. Minutes April 15, 1992 Page 12 of 30 boardwalk was contingent upon the mitigation process? President Hotton stated yes, but not having the opportunity to view the permit Council was not aware that was part of the boardwalk project. Mr. Baker stated that was correct and had anyone been aware of the permit we would have still not, until today, known the dollar amount of the mitigation. President Hotton disagreed with that comment. Mr. Colvin questioned if the City agreed to the mitigation without knowing the cost? Mr. Baker stated yes, the City agreed to the mitigation as the process, but no dollar amount of that mitigation is known. President Hotton stated the permit stated we would have the mitigation completed by March 15, 1992, with permits obtain in October, 1991. The Council and administration should have known in November what the mitigation project would cost and it should have been included in the 1992 budget. 9A - PUBLIC HEARING - REZONE - TO ACCEPT PUBLIC COMMENT AND PLANNING COMMISSION RECOMMENDATION REGARDING A REZONE REQUEST FOR THREE LOTS IN THE VICINITY OF WINFIELD, PITT, AND E. 14TH (APPLICANT: NORMAN & MARGARET NELSON); AND REZONE ORDINANCE (FIRST READING), #AB92-102 The owners of three lots in East Bremerton have requested City approval of a Rezone from "Duplex Residential" to "Mixed Residential" and "Multi-family Residential" so that the lots can be cleared and redeveloped to a higher density. The Planning Commission conducted a public hearing on this request on March 17, 1992, and has forwarded a recommendation for City Council approval. Prior to the Council's final decision, it too must conduct a public hearing. An ordinance to complete this rezone, as recommended by the Planning Commission, is included for the City Council's consideration and possible action. President Hotton asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. TAPE #1012 Ron Hough, Planning Manager, provided a review graph showing the location of three lots, located on the south side of E. 14th Street, between Kitsap Way/Winfield Avenue on the west and Pitt Avenue on the east in the Manette neighborhood of Bremerton. The primary street frontage for the subject property is along the east side of Wheaton Way and Winfield Avenue. The property also has access to E. 15th Street to the north and Pitt Avenue to the east. The total area of the three lots amount to 1.1 acres. TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 13 of 30 Current land use in the area includes single family houses, duplexes, multi-family along the west side of Wheaton Way and south of the subject property. Currently, the three subject lots each has a single home located on them. The Comprehensive Plan for this area is within an area of high density residential (15-30 units per acre category). The Comprehensive Plan shows the whole water frontage, with exception of a small amount of commercial, high density around the east and north sides of the Neighborhood Business district (Manette). Therefore, the application is consistent with the Comprehensive Plan. Current zoning shows the subject project located within a Duplex Residential (DR) zone and the Duplex zone surrounds the General Business district (Manette) on the north and east sides. On the west side of Wheaton Way is MR, the City's highest density district. The duplex district is basically the same density as Single Family Three (SF-3), requiring 4,800 sq. ft. per dwelling unit. So, the only advantage to the Duplex Residential district over SF-3 is that a duplex can be built but no advantage as far as density. The applicant's request is to include two properties along Wheaton Way frontage/Winfield in the MR zone. When the application was submitted, staff considered widths of street, circulation patterns, etc. E. 14th Street on the north side of the three lots has a right-of-way width of 33 feet and the minimum standard for a local street is 50. Only one of the three streets has the standard right-of-way width -Pitt Avenue. Winfield Street has a width of 40 feet. Pavement width on those streets vary from 19-24 feet, all two lane streets, and around the subject property there are no curbs, gutters or sidewalks. However, there are curbs, gutters and sidewalks on some of the other streets, primarily Pitt Avenue. If this site develops as multi-family residential complex, the City would normal require street improvements and additional right-of-way to bring it up to code and to bring street widths up to minimum standards, which would require some additional dedication of the right-of-way and would reduce the property s~ze and reduce potential number of units on the property. According to current zoning, 10 dwelling units could be built with six structures (duplexes and single family). If the three lots are consolidated, five duplexes could be built on them. If the zoning is changed, and not taking into account any dedication of additional right-of-way, lots A and B along Wheaton Way side could develop up to a density of 23 units and the other lot could develop up to 11 units, or a total of 34. TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 14 of 30 Traffic was considered but not greatly and if the properties were developed to maximum density, which was not anticipated due to other restrictions, it would be expected to generate 5- 6 trips per day per unit (approximately 200). This would not be a major increase onto a major arterial (Wheaton Way). If all of those trips went onto 14th Street even that would not be a significant increase. The 1991 traffic Count on 14th Street of 2,985 is not a lot of traffic for a residential street. At the Planning Commissions public hearing, there was testimony from residents as to traffic, noise, truck traffic coming off the Manette Bridge and going straight and ending up on 14th Street and having trouble making it around corners, using Pitt as a by-pass and all kinds of other problems relating to law enforcement of traffic and speed and other things other than volume of traffic. There were also concerns that higher density residential in the neighborhood would have adverse affects in terms of crime, noise, and other things that would be related to the tenants of the development. The Planning Commission, after its public hearing, determined this was a good location for higher density residential and liked the applicant's proposal to phase in development with high density along the street and tapered back into lower density as it blends into the neighborhood. The whole neighborhood is proposed for high density in the Comprehensive Plan. The Planning Commission's recommendation is approval of the rezone as requested. Jeff Hecker, architect representing Norm and Margaret Nelson, thanked the Planning Department for reviewing and analyzing their proposal. He did not have anything further to add beyond what Mr. Hough had already presented and would stand by for any questions. President Horton questioned if any plans for the project were presented to the Planning Commission? Mr. Hecker stated at this point in the project they had not designed the complex. They have done some planning how they might place buildings on the property but did not present that information as part of their proposal. John McConnell, 1309 Perry Avenue, stated he was not opposed to Mr. Nelson developing his property as he did think it would be a vast improvement to have the whole corner developed. During the Planning Commission hearing, he expressed his concern over impact of traffic from west Bremerton to East Bremerton whenever something causes Warren Avenue Bridge to be shut down. Mr. Hough made a point, and it was brought to his TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 15 of 30 attention at the Planning Commission meeting, that 14th Street is only 33 feet wide, if that, and there are no drains or sidewalks along that street and all water coming down from Perry Avenue flows to the corner of 14th and Perry Avenue and gushes down that street. Heavy truck traffic also impacted his neighborhood and he emphasized there was no indication which way they should go...truck route or best route. In order for Mr. Nelson to be a good neighbor to the neighborhood, Mr. McConnell suggested that he scale back the project to a lesser density in order to lessen the impact of traffic onto their neighborhood. The following individuals spoke in opposition to the proposed rezone: Clarence Martin, 1408 Winfield; Margaret Wanard, 1162 Pitt Avenue; M.H. Swenson, 1339 Vandelia Avenue; Steve Trunkee, 1154 Pitt Avenue; Ann Miller 1162 Pitt; Sheila Trunkee, 1154 Pitt Avenue; Following are comments expressed by the above listed speakers: (1) residents in the neighborhood had not seen a site plan and felt it was probably just speculative. (2) Increased density can bring increased crime. (3) Poor drainage and lack of consideration of terrain problems was not addressed by Planning Staff. (4) Did not want to have to personally fund improvement of streets/sidewalks/parking to make money for another project. (5) If street is widened it would add encroachment onto private property on corner of E. 14th; (6) If approved, what requirement of owners on that property to keep property clean, garbage picked up, etc. (7) Did not want a project that would devaluate property; (8) People in neighborhood do not want high- rise apartments, multi-dwellings or more traffic; (9) Did not want a project if it is to be low-income/transient housing; (10) Living amongst apartments is not living in a "neighborhood"; (11) Property currently owned by the Nelson's in that area is ill kept and residents feel that has devalued their property; (12) Subject site has beautiful trees and should be retained if a all possible. Kathleen McCluskey, City Clerk, read into the record a letter from Marcia Bradley, 1139 Pitt Avenue, stating her opposition to the proposed rezone. She cites concerns of noise during tear down and construction of a project, continued collection of appliances, abandoned vehicles, placing carpets over grass rather than keeping up the yard and piles of junk. Mr. Hecker stated comments made by the public are well taken and during the design process they hope to incorporate all concerns. In developing a project such as this, there are options, look at the property based upon its current zoning and plan a development based on that, or look towards an TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 16 of 30 alternative way to develop it. If that possibility is elected, there are two ways to approach it, either through the P.U.D. process or a rezone process. The P.U.D. process allows for site plan review and public input on the configurations of those buildings. The unfortunate thing about that process is that there is a time limitation placed on it...must be developed within so many years otherwise the approvals given become void. Because of that restriction and the fact a project like this may not be developed within two years and more like 10-15 year process, the applicant opted for a rezone. There is no requirement for a site plan in a request for rezone, but during the development process, if the rezone is approved, the public will be allowed to review their site plan, make comments and incorporate them into the design. Because Wheaton Way is a main arterial with public transportation available, the applicant felt the property fronting this area would be suitable for high density use. It is the intent to have a transition from high density to duplex as it blends into the residential neighborhood. It is also the applicant's intent to retain as many of the existing trees as is possible and to enhance landscaping once the project is underway. In regard to site improvements and traffic, obviously with a new development there is problem with street drainage due to no catch basins on 14th Street. Anything that happens on this proposal would have to go through City review and he believed such a development would bring improvements to the streets in that area. He does not believe that density is related to increased crime as long as the project is designed in the proper fashion. The preliminary plans for the project, i.e., multi-family area would be in scale with surrounding buildings. Considering the amount of money it takes to develop a project such as this, it is their goal to create something the City can be proud of. Mr. Mcconnell stated if the applicant felt it would take up to 15 years to build the project, then he needed to be taken back to the drawing board and develop a site plan so residents in that neighborhood would know what they would have to live with. He pointed out one of the existing multi-family buildings in that area was built so that it is almost unnoticeable and provides no impact on the surrounding neighborhood. He also knows crime is increasing because recently he had something stolen from his property while he was in his home. Mr. Waibel stressed if density is to be increased in the Manette area, then something needs to be done to correct traffic flow in that area first. He cited the problem of TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 17 of 30 Manette Bridge dead-ending into a barber shop and the fact that lots of people use the llth Street- to- Perry Avenue-to Riddell Road as a by-pass across east Bremerton. If the subject property is not to be developed before 10-15 years, then there might be the possibility of buying out the barber shop and several other houses to improve connections to the Manette Bridge. People who turn left on old Wheaton Way end up on Sheridan Road and not allowed to turn left on to Wheaton Way, which creates a bottle-neck in that direction. The problem with 14th Street is the fact it is too small and is already impacted by traffic. He felt most people head up Wheaton Way up Winfield to either 16th or 18th Streets and then on over to Perry Avenue. He believed it was at least five times the 300 traffic count described earlier on 14th Street. He was surprised the City had to wait for a letter to describe what was happening already on that property. In the past two months three trees and all ground cover was stripped off the bank and that vegetation had been replaced with strips of carpet. This bank is about 15 feet above the road and now void of any vegetation to hold it from erosion. If that is the applicant's method for the next 15 years transitioning into a high quality project, we probably have a problem. President Hotton stated through the next year the City is suppose to be working on its Comprehensive Plan. One of the things we need to work on in conjunction with that is a transportation and transit overlay over that Comprehensive Plan so it is known, long term, where to make transportation improvements to allow for changing densities or zones. She believed this area was prime for a P.U.D. and did not want to leave a 15 year legacy to that neighborhood without any site plan or controls over what will happen 10-15 years from now. She questioned if this rezone request was turned down with some sort of direction that a P.U.D. would be more desirable, what does that do for the applicant in regard to timing? Mr. Hough stated four years ago the City's preliminary Zoning Ordinance required a P.U.D. of rezones for multi-family development, however, that was removed and made voluntary provided the development meets all City standards. Currently, the City has more development standards than previously adopted and if a development meets those criteria then they are generally approved. He cautioned against requiring this applicant provide a site plan or architectural review when it is not required of others requesting a rezone. He did not understand why a P.U.D. was desired in this case. Mr. Waibel pointed out it involves a blind alley, high bank, stormwater runoff and inadequate roadway. Mr. Houqh explained all of these issues are covered under the Environmental Check List, design review, site plan review, Engineering's review, TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 18 of 30 Utility's review, etc., however, this did not include a public review. President Hotton stated she doubted she could support a rezone without giving the public an opportunity for review. Mr. Hough noted the public did give testimony about problems in the area, i.e., narrow streets, inadequate drainage, bank erosion, etc., those are the kinds of things that are corrected through new developments. What is being asked at this time is whether or not this site is appropriate for high density. Mr. Waibel pointed out that just because the Comprehensive Plan states it should be high density does not mean that it has to be rezoned now. Mr. Overson pointed out the Comprehensive Plan stated it should have been high density years ago. He was closely involved with the Manette area during the rezone process and there were reasons behind their actions. Mr. Hough pointed out the Comprehensive Plan was adopted in 1986 and the new Zoning Ordinance was adopted in 1988, however, the Comprehensive Plan precedes zoning intentionally and projects what an area should look like within 20 years. The City does not rezone every piece of property and waits until the owners make such a request in accordance with the Comprehensive Plan. Mr. Overson stated the purpose of the present zone was to try and stabilize this area and to stop these kinds of actions. President Hotton questioned if there was any way Council could request this issue come back as a P.U.D.? Mr. Hough stated yes, they could come back with a P.U.D. plan, which included a rezone and does go through the Planning Commission as well as before the City Council. President Hotton pointed out if a rezone is denied then the applicant must wait one year before reapplying. If Council requested a P.U.D. instead of a rezone could it be remanded back to the Planning Commission in the form of a P.U.D.? Mr. Hough stated he believed so within a couple months if Council so directed or Council could condition a rezone to require a P.U.D. Don Pratt, Director Of Community Development, stated if Council made such a condition, he would struggle to allocate adequate time to recommend an amendment to the Zoning Ordinance stating any rezones to multi-family will come before Council with a P.U.D. It was an intention vote by this Council several years ago not to require that process. President Hotton emphasized P.U.D.'s allow for dialogue with neighborhoods and if Council is grappling with how to take higher densities in certain areas, it was only fair that the adjoining neighbors become involved with that process. Mr. Collins cautioned against making this request too complicated. What has to be considered is "what is the most complex thing someone could put on this site", not specific buildings, etc., he felt that was immaterial, but what does TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 19 of 30 the zoning allow. He did not believe it was appropriate for Council to be questioning the architect's plans or retention of trees, but what could happen to this piece of property if rezoned. At this time he could not support this request because he knows what the side of the hill looks like and he knows what could be done with multi-family on a rather steep hill. Mr. Colvim felt it was appropriate for the neighbors to have concerns over what will be built on the site. He questioned the allowable uses under the requested rezone? Mr ~ough explained there were 10-12 pages of land uses in the Zoning Ordinance. Mixed Residential Zone is the City's highest density residential zone and also include a variety of personal service type uses, i.e., barber shops, child care, etc., that are compatible with high density residential. The Multi-Family Zone, which is the transitional zone into the neighborhood, does not include commercial type uses but rather apartments, condominiums, multi-family residential. Mr. Colvin noted if Council approved the rezone, there were no restrictions that the applicant couldn't sell the property to someone else? Mr. ~ough stated that was correct. Mr. Pratt stated the City does have a landscape review - landscape plan is required to show existing property lines, trees, fences and other screening and structures. Proposed plantings are to be identified, fences, water features and other physical elements are identified, maintenance provisions for landscaping is identified and that is what they do "administratively". In addition to that, the parking configuration is reviewed in a parking lot plan. He did not hear Council saying "a P.U.D. in the full process" but rather "a neighborhood process about disclosure and discussion about what is intended to be designed for that site". If he was to open the Administrative Landscape Review and this rezone was conditioned to have the Planning Commission approve the Landscape Plan, typically he would go to the neighborhood for discussion before it came before the Planning Commission. What would not be included would be a detailed P.U.D. process which is intended to vary certain setback standards and height standards. He suggested approval of the rezone conditioned with public approval of the Landscape Plan, which did not include a time limit. Mr. ~ohnson emphasized to his fellow Council members to not "trust" such action as he has several such plans in his district and he has not been able to fine anyone to enforce them. Of the five criteria required to approve the rezone, three of them he did not concur in. Under Criteria #3, he disagreed that having a drainage problem and a high bank with trees did met the definition of "non- TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 20 of 30 significant". Under Criteria #4 addressing the need for more lower income and affordable housing...he emphasized Bremerton does not need more low cost, affordable housing and is already out of proportion on that ratio. Criteria #5 speaks to adequate public services and utilities, he did not believe streets were adequate, better public transit was needed as well as a transportation plan. He did agree that the City needs to increase density, to help the County stop sprawl and he felt this area was right for some high density development but not until infrastructure problems are solved, which are supposedly "non-significant". Mr. Overson pointed out there is high density use around the end of Manette Bridge and at the time the Zoning Ordinance was developed it was determined a buffer zone (Duplex Residential) was needed between that and the SF-3 area, which is a slightly higher density but too adverse. The infrastructure cannot absorb much activity and there is still a lot of opportunity for Multi-Residential/Multi-Family along the waterfront. Mrs. Fits stated she did not see there was a marked change in condition in the immediate vicinity that requires a rezone in the public interest or the need to correct an inappropriate zoning classification. Mr. Dawkinsquestioned how many duplex units could be built on the site at the present time? Mr. Hough stated under the current zoning, with lots combined, five duplexes (10 units) would be allowed. Or, under the current lot configurations four duplexes and two single family homes - amounting to 10 units thereby being no advantage to duplex zoning. Mr. Overson questioned the number of units allowed under the proposed rezone? Mr. Hough explained if approved as requested, the applicant could have 23 dwellings on the MR lots, not including any dedication of right-of-way; the MF lot could accommodate 11 dwellings, not considering dedication of right-of-way. Mr. Collins stated very seldom does he disagree with the Planning Commission, however, in this particular case he does. Mr. Waibel pointed out four of the five criteria for rezone are not appropriate in this case. However, it is desired to see this site developed correctly. He intends to make a motion to turn down the rezone, but with the message that goes out that not only does the developer need to do things to make sure it does not violate those four other criteria but the City needs to make some changes before this can be a viable TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 21 of 30 #2404 project. M/S/C/U(Waibel/Collins) the City Council disapprove the Nelson rezone request. President Hotton stated she would vote in the affirmative on this motion, however, she does support the P.U.D. process and feels it provides good public neighborhood input into the process. She did fear with denial of the rezone that the neighborhood would end up with 10 small dubious duplexes which may not add anything positive to the neighborhood. She strongly recommended the applicant come back with a P.U.D., and requested staff to work through some process to allow P.U.D.'s happen more often. Mr. Hough pointed out if this proposals comes back as a P.U.D., with rezone included, they still have to meet the five criteria. Mr. Overson noted the Planning Commission gave a unanimous vote to approve this rezone. As a result of Council denying that approval, he offered to discuss openly Council's concerns based on comments made at this time. Motion passed by unanimous vote. President Hotton announced Council would adjourn to an Executive Session on "potential litigation". Councilman Waibel left Council Chambers at 8:55 P.M. 8A - RESOLUTION #2386, SUPPORT COMMUNITY RESOURCE FEDERAL GRANT APPLICATION, #AB92-100 Community Resources Center (CRC), a private non-profit agency will submit an application for federal HOPE 3 Planning Grant funds to assist income eligible families with the services and resources necessary to become home owners and with the skills and assistance necessary to manage and maintain their homes well into the future. Carol Dickinson, Community Services Manager, stated the focus of the CRC is to assist renters to become homeowners in Bremerton. This agency grew out of the passion of Emmanuel Apostolic Church, which has provided similar assistance on a volunteer basis to the community at large to help people with credit repair, locate homes and to establish themselves as homeowners. The HOPE Program was established in 1990 through the National Affordable Housing Act, which stands for Home Ownership Opportunities For People Everywhere. This is the first time these funds have been made available and are only available to private, non-profit organizations who will TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 22 of 30 compete on a national basis for their use. The availability of HOPE funds was announced in January 1992, and the deadline for grant application submittal is Friday, April 17. All applicants will compete on a national level and Ms. Dickinson was aware of only one other application from within HUD Region 10, a non-profit organization located in eastern Washington. The CRC's application is consistent with established City housing policies. First it is consistent with Housing Bremerton in that it will help to increase home ownership and provide affordable housing to people of all income levels within the community. It is also consistent with the City's Comprehensive Housing Affordability Strategy (CHAS), a document produced by the City for Block Grant funding. CHAS has goals for 1-5 years that call for establishing a private, non-profit housing agency to increase home ownership opportunities for low and moderate income families within Bremerton. When this document was written and adopted in the fall of 1991, there were policies for ownership and non- profits, but at that time it was not anticipated HOPE funding would be available for grants for non-profits. The CHAS document was amended in order for the City to be supportive of this application. The development division of the City will have a strong and close working relationship with CRC, providing technical assistance in preparation of their grant, informing them of Federal government funds available, many of which are available and earmarked only for private, non-profit groups. This is a significant change in Federal housing policy and a good opportunity for Bremerton to capture and use such funds for people in our community. The CRC is a CRA opportunity for lenders and one local lender has already approached CRC to assist them as well as provide funding. Ms. Dickinson viewed CRC as an asset to Bremerton. Larry Robertson, Pastor of Emmanuel Apostolic Church, introduced Mildred Davis, Executive Director of Emmanuel Apostolic Church, Dr. Griffin, CRC Executive Director, Delores Easley, Credit Specialist, Alonzo Pierson, Housing Contractor Coordinator, Charles Floyd, Real Estate Advisor and his wife Opal. When they were approached by the National Bank Of Bremerton they had been trying to find ways to get people into the housing market. They looked at other efforts within the community of assisting people into housing, however, what was not evident was additional education assistance once funding was identified. They saw people being locked into poverty or cycles of poverty and they questioned how could they break that pattern and get people off welfare. As a result, the home ownership idea came into being and CRC was created to TAPE #1012 City Council Reg. Mtg. Minutes April 15, 1992 Page 23 of 30 assist in home ownership, financial empowerment - small businesses, and education programs. The concept involves not just building a house but essentially building a lifestyle, i.e. character building, finances, credit repair, work ethics, effective parenting, marriage counseling, etc. One of the great things about this program is it contributes to the community. There is a commitment on the part of Emmanuel Apostolic Church to this program - $20,000 of in kind gifts to this agency. The Church's focus is centered on the inner city as well as beautifying Kitsap County. The Church Board has committed not only in kind but equity backing for the program so that everyone coming to the agency will have an opportunity to improve their lifestyle. The HOPE grant will provide staff and resources to accomplish the objectives outlined. Pastor Robertson expressed appreciation for the time before City Council, for assistance from Marshall Miller from the National Bank of Bremerton and assistance provided by Carol Dickinson. Dr. Elizabeth Griffin stated they believe in this housing concept, that it can impact the community and it is possible for every person in Bremerton, who is willing to work, to become a homeowner. Mr. Johnson stated this is an excellent program and he is encouraged over the possibility of reducing the number of rentals and increasing individual home ownership. He also offered to write letters to Congressional Legislators by Friday if it would be helpful. Mr. Colvinquestioned if these opportunities were available to all people regardless of race, creed or color? Pastor Robertson stated absolutely. President Hotton questioned the amount of the grant being applied for? Pastor Robertson stated $99,600. Mr. Neville questioned how many people could be assisted with those funds? TAPE #1013 Dr. Griffin explained the $99,600 is specifically for planning and administration. It is their goal and firm objective that during the first year they will be able to place 10 families into home ownership. Next year they intend to apply for HOPE implementation dollars and the ceiling on that funding is one million dollars, which can be used for rehab and property purchase. Pastor Robertson noted they are working in conjunction with National Bank of Bremerton, who has made available $300,000, which will be used to build homes and then sell it on the secondary market. The intention is to TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 24 of 30 continually roll over this funding and not deplete it for administrative needs. Mr. Oversonquestioned if their program also included rehab of homes as well? Pastor Robertson stated that was correct. Mr. Overson noted Operations Committee discussed this issue and were very interested in the part relating to credit repair, loanqualification, home ownership responsibility training and support and maintenance workshops. Those are the kinds of educational opportunities everyone can use. Pastor Robertson also noted National Bank of Bremerton is also providing technical assistance and allowing their staff to come in and take part in the financial related seminars. #0147 M/S/C/U(Johnson/Colvin) to approve Resolution #2386 in support of Community Resource Center's Federal HOPE 3 Planning Grant application to increase home ownership opportunities for families in Bremerton. 7B - AUTHORIZATION TO HIRE UTILITY WATCHPERSON AND SUMMER LABORERS, #AB92-094 City Council Resolution #2383 provides for formal approval to hire personnel, among other things. The Utility is requesting formal approval to hire a Utility watchperson and summer laborers. The Utility manages the City of Bremerton watershed comprised of several thousand acres of forest lands. It is also responsible for the management and operation of the water distribution system serving the City and surrounding areas, and sludge program. Within the watershed are the Casad Dam, which is the main source of water supply for the City, numerous wells and pump stations, and sludge equipment and facilities. In order to preserve the quality of the water supply as mandated by the Safe Drinking Water Act, to protect the facilities and equipment of the Utility, and to discourage trespassers in the watershed, especially during the fishing and hunting season, it is imperative that a watchperson is hired to perform patrol duties during this season. The Utility has regularly hired a watchperson for the past few years to perform these duties. Additionally, the Utility maintains wells and pump stations at different locations of its utility service area. There is a continuing need to cut the brush and grass around the well buildings and pump stations especially during the spring and summer months in order to maintain a well-kept and safe environment. The utility utilizes summer laborers to perform required maintenance work. #0179 TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 25 of 30 The Utility also manages and maintains the Jarstad facility, which is located next to the Utility Forestry Operations Center. The facility is open from April 1 to October 31 of each year and is reserved by various individuals and organizations. The park is patrolled during evening hours and on weekends in order to make sure that it is safe and clean. Summer laborers perform maintenance work at this facility. Bill Duffy, Utilities Director, briefly reviewed manpower needs to meet the described maintenance responsibilities. Public comment - none. M/S/C/U(Johnson/Colvin) to approve Utility's request to hire a Utility watchperson and summer laborers and authorize the Utility to proceed subject to City Administrative Policies and Procedures. 7C - TRAVEL AUTHORIZATION TO ATTEND AMERICAN WATERWORKS ASSOCIATION (AWWA) PACIFIC NORTHWEST SECTION AND AWWA ANNUAL CONFERENCE, #AB92-095 City Council Resolution #2383 provides for formal approval for all travel in excess of 100 miles of the City of Bremerton. The Utility is requesting formal authorization for two Utility staff members to attend the American Waterworks Association Annual Conference to be held in Vancouver, B.C., on June 19- 22, 1992 and for three Utility staff members to attend the Pacific Northwest Section of the American Waterworks Association meeting inn Portland, Oregon, on May 6-8, 1992. Attendance of these two conferences will allow the Utility staff members to update their knowledge of current regulatory requirements with regard to the Clean Water and Safe Drinking Water Acts and to meet continuing education requirements (C.E.U.) for maintenance of their water works certifications pursuant to W.A.C. 246-292. Bill Duffy, Utilities Director, emphasized the Utility benefits from the update information on regulatory requirements. He urged Council to approve this item as presented. Public comment - none. Mr. Johnson noted Fiscal and Budget Committee had reviewed this proposal and recommending approval due to the close proximity of the conferences. #0272 TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 26 of 30 M/S/C/U (Johnson/Dawkins) presented subject to City Procedures. to approve travel request as Administrative Policies and 7D - ACTIVATION OF THE FIRE ANDRESCUE BOAT/RESOLUTION #2387, #AB92-096 On of the actions of the Council/Mayor directive dated 3-19-92 to defray expenditures as to delay activation of the fire/rescue boat until 1993 and reallocate 1992 operating and insurance costs to current shortfall. Operating and insurance costs have been researched by staff. Exhibit A is a written quote for insurance costs in the amount of $8,970 from the Risk Manager's office. Exhibit B is the written interpretation from the Internal Auditor regarding reallocation of Risk Management Fund money committed to insurance for the boat to the General Fund. Exhibit C presents information on operating costs, insurance costs and fee charging. The actions recommended below were brought before City Council Budget and Fiscal Committee April 7, 1992. The Committee voted unanimously to support these actions and directed staff to present them to City Council for adoption. Mick McKinley, Deputy Fire Chief, explained the fire boat is a purchase off the November 1990 Bond issue passed for 1.5 million dollars. The boat is due to be completed within a week. They did investigate any applicable requirements under the Jones Act, which is why the insurance premium rate is as low as it is. The Fiscal and Budget Committee requested the old fire boat be declared surplus to help defray the cost of insurance. Also, they were directed to adopt a fee schedule for the use of the boat, which they developed and included all fees currently charged by the Fire Department, i.e. ALS transport fees and hazardous materials clean up fees. Lastly, they request amendment to Council's previous Resolution so noting the delay of implementation of the fire boat operation. Public comment - none. Mr. Johnson stated Fiscal and Budget Committee felt it was pretty much a "wash" with regard to the question about the Jones Act. The real question is since we were able to avoid using the General Fund by accessing the Risk Management Fund do we want to deplete it even farther? Mr. Colvin pointed out the Risk Management fund cannot be reverted back to the General Fund, therefore, there would not be a added savings to the General Fund if this item was not approved. President Hotton cautioned the Risk Management funds are lower now than TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 27 of 30 they have been in the past. The General Fund does feed funds into the Risk Management fund yearly and she was concerned that 1993 funding may be somewhat short as well. Council needs to decide if implementing the fire boat is what is desired. Mrs. Fits explained Fiscal and Budget did discuss this item thoroughly in light of the fact there will be a new marina and boardwalk on the waterfront and such a need would be greater. One of her concerns had been about paying overtime for personnel to man the boat, however, she learned that would be treated the same as other manning needs by the fire department personnel. She will support this proposals based on the information received. Mr. Overson questioned why the fees were not rounded off at even numbers and what did it mean by "Hazardous Materials Response"? Mr. McKinley cited an example when Cooper Fuel spilled heating oil all over Warren Avenue near llth Street and rescue efforts were needed to keep the oil from entering the storm sewer system and flowing out into the Port Washington Narrows. They used absorbent pads and rice hulls to mitigate the oil entering the sewer system. Mr. Overson questioned if it was the City's responsibility to respond to hazardous materials spills? Mr. McKinley explained when such a spill is not endangering a large population the Fire Department does routinely go out and take care of such spills. Larger or more major type incidents would be handled by the Washington State Patrol as instant commanders of the situation, with the Fire Department would act as backup services. Mr. Overson stated he did not see the correlation between the cited fees and the fire boat in Sections 2 and 3 of the fee schedule, or any validation that these are the correct fees. Mr. McKinley estimated personnel costs for a three-member crew (Paramedic, Firefighter and an Officer) at an overtime rate would cost $68.38 per hour, along with cost for operation, maintenance and training in the amount of $25.00 per hour...totally to $93.38. Council had previously directed staff to develop appropriate charges if the fire boat was sent outside the Bremerton area, such as Silverdale. They felt the travel time would involve a 2-hour period so the in City call would be lower (1/2 the time to handle call and 1/2 the cost). These would be direct costs. Mr. Overson suggested that Mr. McKinley work out equitable fees for fire boat services the same way the ALS transport fees were defined. In regard to hazard materials response, he questioned if the City had a policy as to when, why and kind of services rendered, liability taken on by City, training required? Mr. McKinley explained for responding to hazardous materials responses Fire Department personnel train annually. TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 28 of 30 This include outside instruction as well as in-departmental training for identification of hazardous materials and first responder for hazardous materials, the same training as all County Fire departments received. The costs listed for handling hazardous materials are for "materials" only. Mr. Overson stated he was trying to figure out budgetary impact of the fire boat and fees and collections. Mr. Colvin questioned what kind of risks would the City be taking? Pe~3F Lesser, Risk Manager, explained the Fire Department has been and continues to respond to less hazardous spills. The spills of extremely hazardous materials, which are specifically identified, are coordinated by the Washington State Patrol. This was a conscious decision made by the City a number of years ago and was done to mitigate the City's liability. Mr. Collins questioned the applicability of the Jones Act? Ian Sievers, City Attorney, stated he had not reviewed that document. Mr. Collins questioned if Mr. McKinley had talked with anyone other than other Fire Department personnel in regards to the Jones Act? Mr. McKinley stated he had talked with City Attorney Offices and Personnel offices in Cities of Tacoma, Bellingham, and Des Moines. He questioned them about the Jones Act in relation to operation of their fire boat. It was his understanding that those cities disregard the Jones Act. The insurance carrier indicated that cities have deeper pockets for being sued than Fire Districts and that was only explanation for lower insurance fees for fire boat usage in Fire Districts. Mr. Collins questioned how can adopted operating procedures limit liability costs? Mr. McKinley stated other city services could provide maintenance for the boat, i.e., electronics Division and Fleet Maintenance. The boat can be taken out of the water and repairs/maintenance provided on land, which reduces liability. #0897 President Hotton emphasized Council put this item on the ballot, which the voters approved, and since then had "beaten" it up. She urged approval of this item so that the equipment can be utilized during the remaining months of the year. She requested a progress report by December 30, 1992. M/S/C(Johnson/Fitz) to pay insurance for boat in the amount of $8,970; to declare surplus the existing 1977 19 foot Glasply boat and dispose of it in the best interest of the City; to amend Council's directive on fiscal control regarding this issue and authorize the Fire Department to place the fire/rescue boat in service; and to adopt Resolution #2388, #0844 #0975 #1101 TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 29 of 30 setting fee schedule to charge for use and services, rounding off fees to the nearest $25.00. Vote: In Favor: Overson, Neville, Fitz, Horton, Dawkins, Colvin, Johnson Opposed: Collins Motion carried. 8B - ORDINANCE (FIRST READING) REPEALING PERSONNEL POLICIES ON WAGES, HOURS AND BENEFITS, #AB92-075 Kathleen McCluskey, City Clerk, stated this item was continued from March 25 to allow for some changes. Ian Sievers, City Attorney, stated one of the reasons this item was continued was to readopt two sections on City office hours and legal holidays. Also, an expenditure policy was confirmed so that it has continuing effect. The Personnel Director provided a list referencing where these various topics are handled, in most cases by collective bargaining. Public comment - none. M/S/C(Fitz/Colvin) to approve Ordinance, on first reading, repealing provisions of the Municipal Code establishing wages, hours and benefits, chapter 2.36, 2.40, 2.44 and 2.52 of the Bremerton Municipal Code, and recodifying City Hall hours and holidays. Vote: In Favor: Abstain: Motion carried. Overson, Fitz, Waibel, Horton, Collins Dawkins, Colvin, Johnson ~eville 8C - ORDINANCE (FIRST READING) AMEND BUSINESS LICENSE/TAXES 5.02 TO INCLUDE GARBAGE UTILITIES, #AB92-101 Public Comment - None M/S/C/U(Johnson/Colvin) to approve Ordinance, on first reading, imposing a business and occupation tax on the business of solid waste collection and amending Bremerton Municipal Code Chapter 5.02. 8D - ORDINANCE #4372 (SECOND READING) FINAL ASSESSMENT ROLL LID NO. 325 LAKEHURST DRIVE, #AB92-091 Public comment - none. M/S/C/U(Johnson/Fitz) to pass Ordinance #4372, on second reading, adopting and confirming the assessment roll for Local Improvement District No. 325 providing for the improvement to TAPE #1013 City Council Reg. Mtg. Minutes April 15, 1992 Page 30 of 30 Lakehurst Drive from Cedarwood Drive south to the Plat of Dockside as described in Ordinance #4338 providing for the levying and assessing for the costs and expense thereof against the parcels and lots of land within the boundaries of said improvement district; providing for the collection thereof; creating and establishing a special fund therefore· With no further busines meeting adjourned at 10:44 PM. Clt Clerk · M OR , Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault