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HomeMy WebLinkAbout09/18/91TAPE #954 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0029 #0042 SEPTEMBER 18, 1991 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4TH Street, Bremerton, Washington, Wednesday, September 18, 1991, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin. Councilmen Lon Overson and Russ Johnson were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Councilman A1 Colvin. President Hotton announced an additional item was added to the Agenda, Item 7A - Voters Pamphlet, #AB91-936. And, Council will hold three Executive Sessions immediately following the Council meeting to discuss the following topics: "litigation" (Chapter 42.30.110(i), "personnel" (Chapter 42.30.110(g), and "potential litigation" (Chapter 42.30.110(i). CONSENT AGENDA A. Minutes Of Meeting - September 4, 1991, #AB91-231 M/S/C/U(Waibel/Estes) 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 September 18, 1991, the Council does approve for payment those vouchers included and further described as follows: 136083, 136101, 136102, 136104 through 136227 in the total amount of $145,107.09. COUNCIL MEMBER REPORTS Mr. Estes toured the new Under Sea Museum at Keyport and recommended everyone take such a tour once it is opened to the general public. The museum has a lovely display and eventually there will be a section containing memorabilia from WWII, etc. TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 2 of 17 Mr. Homing congratulated Cencom 911 on their overwhelming election victory. He thanked the voters for supporting this issue. He acknowledged the return of many students to colleges and universities this date. His daughter, Michael, was one of those students starting her first day at a university today. Mr. Colvin congratulated President Horton on her surviving the Primary Election. He related a recent news article in the San Jose Mercury News that described the best features of Money Magazine's selected three top cities in the Nation. Bremerton, being named the #2 city, was noted for its close proximity to Seattle. He thanked Mayor Mentor for his attitude and realistic approach to the City's budget during the Budget Study Session on Tuesday evening. He enjoyed this Study Session and felt it was one of the best. He announced a Voter Registration Training program has been scheduled and he thanked several churches that are promoting good citizenship through promotion of the Voter Registration Program. Mr. Dawkins reported he attended Bremerton High School Class of 1941 50th Class Reunion, which was held at PSNS Officers Club. He noted 1941 was the first year that Bremerton High School won the State Basketball Championship and of the 10 members of the team nine were in attendance at the reunion. He acknowledged the group of youth, who were in the Council meeting audience, and noted it was very nice to hear younger voices reciting the Pledge Of Allegiance. Mr. Collins reported last week the morning Tacoma News Tribune had an excellent article on the Naval Museum and this week that same newspaper had an article about Money Magazine's top three cities in the Nation. Apparently the writer of that. article was not impressed with Bremerton and continued to think of Bremerton as a "polyester/lunch box" population. Mrs. Horton attended the PSNS Centennial celebration this past weekend and her family had an opportunity to participate in the "shipyard open house". From information provided by the Shipyard Commander, the open house drew 11-12,000 people. She also attended the art unveiling on the waterfront, which she found to be quite impressive. On Monday, September 16th she witnessed the PSNS Centennial time capsule being buried. PUBLIC RECOGNITION Mayor Louis Mentor noted the news article in the Tacoma News Tribune that referenced Money Magazine's selection of the three top cities was syndicated and published all over the TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 3 of 17 United States. He listed the following activities he participated in over the past week~ 1941 Bremerton High School Class Reunion luncheon; YMCA's sponsored free barbecue for Navy families, which was a huge success. Mayor Mentor introduced a group of young people, the West Side Teen Council, made up of teens from low income families living in Westpark. The West Side Teen Council branched off from the West Side Youth Council and was formed to give teens an alternative to drugs and gang violence, to provide anti-drug and anti-violence education, support and encourage self- esteem, scholastic achievement and community involvement. This year's activities will include a community clean up project in Westpark, Adopt-A-Senior Program, Camp Fire, Peer Pressure Reversal Seminar, tutor and study sessions, field trips and family educational seminars. Mayor Mentor also introduced the group's adult advisors: Don Mansford, Martha Boden, Rebecca Besaro, Jerry Jacobs and Jillian Spencer. Mayor Mentor stated he felt it was terrific what the young people were doing and commended the advisors for their dedication to helping these young people. President Morton stated it was nice to hear about all the good things young people are doing today. Mr. Oolvln added his commendation to Mayor Mentor's remarks and particularly to the adults who are in charge of these children. He volunteered to assist this group in any way he could. Mr. Dawkins pointed out some of the adult advisors had been working with youth in Westpark since 1983. Chuck Laubach, 215 6th Street, announced an upcoming Voter Registrar Training program scheduled for September 26, 1991, 7:00 P.M., at Kitsap Regional Library. Anyone interested in receiving this training is welcome and additional information can be obtained by calling Ann or Chuck Laubach at 377-7218. Don Larson, 135 Rainier Avenue, President of Kitsap Diving Association and Chairman of a DOE Citizens Advisory Committee, provided an update on "Coastweeks" activities during the month of September. He also announced a clean up effort would be sponsored by Kitsap Diving Association for October 5, at the First Street Dock. He noted Sylvan Way Baptist Church will be hosting approximately 1,000 teenagers the weekend of October 5 and about 300 of those youth will be helping with the shoreline clean up. President Morton advised Mr. Larson that Council had directed, by motion, that the Parks Board review Mr. 'Larson's idea of an underwater park and make a recommendation to Council whether or not to proceed with such an idea. Mr. Larson thanked the Council for their support in looking into this type of facility. He announced an "Aquatic TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 4 of 17 Habitat Enhancement Conference" will be held in Los Angeles, CA, in November and Ray Buckley from the Washington State Department of Fisheries is on the steering committee for this meeting. About two weeks ago, Mr. Larson made a recommendation to Mayor Mentor to correspond with this committee and encourage them to consider holding such a conference in Bremerton. Mr. Oolvin questioned if Mr. Larson knew where the 1,000 youth would be housed during their stay in Bremerton? Mr. Larson explained a "cardboard tent city" would be built in Lions Park. Peninsula Recycling will be providing tons of cardboard to be used to provide shelter for the youth. Sylvan Way Baptist Church is also looking for hosts who would volunteer to house some of the youth on Saturday. Lena Swanson 2123 Snyder Avenue, stated she added her congratulations to the members of the Westpark Teen Council, and her sincere gratitude to their adult advisors. She expressed concern that the City was considering assessing higher sewer rates in order to make sewer and storm water separation improvements to the Park Avenue area. She was totally against this proposal due to the fact that the land owners should have taken on this type of improvement for that area under a L.I.D. process. She urged Council to not proceed with such improvements until the City of Seattle was on line with their secondary treatment of sewage. 6A - RESOLUTION #2362, PLACING A PROPOSITION ON THE 11/5/91 ELECTION TO AMEND THE CITY CHARTER PROVISIONS REGARDING THE FORM OF GOVERNMENT, #AB91-232 Pursuant to RCW 29.13.020 the attached Resolution is required to place the proposed Charter change regarding form of government on the 11-/5/91 General Election Ballot. Lena Swanson, representing Citizens For A Better Bremerton, stated as a result of her having knocked on many doors over the past few months, the one conclusion she has drawn is that there needs to be a change in City government. One of the things that most people seem to be in agreement over is that the current Council membership is too large. Her proposal would reduce the size of the City Council, to eliminate the Districts and to elect those officials at large and combine their legislative and administrative responsibilities. So far she had turned in 1,210 signatures and was advised by the County Auditor that she is short 193 signatures to validate the petition. She has until September 20 to come up with the additional signatures. In her proposal, she retained the "Audit Committee" function TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 5 of 17 because she felt it was a very positive aspect and provided an objective view point for better controls. The reason for her proposal was because she felt elected officials need to be highly visible and highly accountable. And, the last vestige of voter power lies at the local level. It was her belief that by eliminating Districts it would give the voting power back to the citizens. Mrs. Swanson stated she would make the following commitment: "if her proposal for a change in government failed, she will never undertake such a project again". During her canvasing efforts she found some lonely people, a beautiful city and a great deal of caring. She is proud to be a part of the City even though she does not always agree with what is going on. Elizabeth Buell, High Avenue, questioned what this proposal would cost to implement, if approved? Mrs. Swanson stated there would be very little cost because there is already a City Clerk/Administrative Services, Public Works Supervisor, full time Mayor, full time Parks and Recreation Director and Finance Supervisor. The current City Council would set the salaries for the incoming form of government and the Mayor would have the right to appoint a committee to make a recommendation of salary, with Council having the ultimate authority. Mr. Waibel stated he would vote "no" on this procedure. It was his strong feeling that Council should not be discussing the merits of the forms of government that are presented. He felt it was too bad that last time and this time the entire presentation is spent on the merits on the forms of government rather than on whether the petitions were signed. It is his feeling that if anyone gets the required signatures for any issue they should not have to come to the City Council for approval to place it on the Ballot. It is his understanding, from the City Clerk, that when the Committee to change from three Commissioners to the present form of government came to the Commission, the three Commissioners voted no, however, it was still placed on the ballot. Mr. Collins stated he was of the same opinion as Councilman Waibel and RCW Title 35A speaks to changing of the Charter by a citizens group. If it is a special election, it has to be done through the City Council, however, this is not a special election, but rather a normal off-year election. There should be no reason why Mrs. Swanson or anyone else wanting to place an item on the Ballot should have to come to the City Council to either approve or disapprove that particular issue. He TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 6 of 17 will vote "no" on this proposal as presented. Mr. Colvin stated he did not support the idea that Council had to concur with the subject proposal in order that it be placed on the Ballot. He reviewed the appropriate RCW aslwell as comments provided by Municipal Research Services relating to this issue and it was his belief that Council had no business confirming or denying Mrs. Swanson's right to place an item on the Ballot. Therefore, he was going to be consistent and vote "no" on this proposal. President Morton requested City Attorney Ian Sievers to draft a letter, from the Council, to the State Attorney General's office saying that this Council was put in a position that they should not have been put in; and to request a clarification of the statute so if this should occur in any municipality in the future that they would not have to go through the same process as this Council was required to do. She concurred with Councilmen Waibel, Collins and Colvin that this type of item should not require Council approval for placement on the Ballot. Ian Sievers, City Attorney, stated he would draft such a letter and forward it to the Attorney General's Office through one of the City's State representatives. Mrs. Swanson raised a point of clarification - she felt the City Council had the right to vote this proposed proposition down, which would make no difference to her ability to have it placed on the ballot. Mr. Sievers stated that was not correct according to the Kitsap County Auditor and Prosecutor. They are stipulating it has a legal requirement for being placed on the Ballot. Mrs. Swanson noted it was her understanding that it only had to be presented and not approved. President Morton stated it was Council's understanding that was not the position of the County Auditor. Mr. Estes stated the reason Proposition I and II was placed before Council was due to a ruling by a County Prosecutor. Kitsap County Auditor Karen Flynn requested such a ruling and based upon that the subject proposal is before Council. He did not understand why the State Legislature put the City in such a position and he hoped it could be corrected in the future. He urged Council to pass.this proposal in order to continue the democratic process. Mr. Morning stated he would support this proposal with a "yes" vote, because he believed that is what Council has been called to do by local legislative authorities. However, he emphasized his "yes" vote was not a vote in favor of the proposition but to provide the same courtesy as that given #1113 TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 7 of 17 when Proposition I was presented to Council. M/S/C(Estes/Dawkins) to approve Resolution #2362, authorizing and setting forth language for placing a Proposition on the ballot for the November 5, 1991, General Election, to amend the City Charter Provisions regarding the form of government. Vote: In Favor: Opposed: Motion carried. Horning, Horton, Dawkins, Estes Waibel, Collins, Colvin 6B - ORDINANCE #4339 (SECOND READING) AMENDING BREMERTON MUNICIPAL CODE - PARKING INFRACTIONS - PENALTIES, #AB91-214 Kathleen McCluskey, City Clerk, stated this item was carried over from two Council meetings in August. Kathi Johnston, Court Administrator, stated she was speaking for Debbie Goodell, Parking Supervisor, and not representing Municipal Court in any fashion. After reviewing the proposed ordinance, she and Ms. Goodell are recommending the following changes: (1) Section (a) to read: "Overtime" or non-payment in collection devices":, the reasons being it could be interpreted to mean non-payment of the citation; (2) Section (a)(1) penalty for lettered zones and metered parking two hours or less be $10.00; (3) as an advisory statement ... it is impossible to load the handheld computers that the Parking Regulators use with the information that there are two or more overtime citations on any vehicle. It would require that a weekly listing of approximately 331 names be run, or if a listing was run monthly it would be four times larger. This would mean that the Parking Regulators would have to look through a 26 page document to make sure they catch repeat offenders. Public comment - none. Mr. Waibel stated it was his understanding that information is downloaded from the handheld computers to the main computer every day. He believed it would take him about 10 minutes to design a program for the main computer that would analyze those thousands license numbers and provide a listing of those appearing more than once. Ms. Johnston stated she had talked with Bill Eley, Information Services Manager, and the software vendor, and the program can be built to provide a listing of two or more violations. The main computer will hold this information, however, because of the large number of offenders it will make it extremely difficult for the Parking Regulators to identify the abusing parties. The major problem lies in the incapacity of the handheld computers. President Horton TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 8 of 17 questioned if this problem could be taken care of in another fashion rather than at the Parking Regulator level. She questioned if the City's main computer generates a lengthy listing of violators with three or more tickets, could the City issue a letter relating that information? Mr. Sievers stated for clarification the group of violators being targeted are those individuals who have received multiple parking violations and had responded or paid the tickets but have found parking on the street was cheaper than using private parking lots. The City does have a Scofflaw mechanism in place and the computer mainframe can generate a list of the three or more violators in any given period of time. He suggested using the limited space in the handheld computers to input the most grievous offenders '(50+). This would be addressing the problem from the top downward. He did not believe the City could generate another ticket in the office from the information/program generated by the computer mainframe. There is a presumption, under State Law, when a ticket is affixed to the vehicle it is presumed the registered owner is the person who committed the violation. If a ticket was generated in the office, they could not use that presumption. Mr. Collins questioned why couldn't the City send the multiple violators a letter indicating that they had incurred "x" number of infractions? He recalled there are times a summons is sent out and people receive a citation by mail. Mr. Sievers stated in the case of an auto accident the City does have the identify of the driver involved in the accident and they can be sent a citation following investigation of the accident. That is the difference between an accident and a parking violation, which is a vehicle abandoned on the street. If.someone did not respond to the parking infraction notice they could be sent a summons. Ms. Johnston stated if an individual did not respond to a parking citation within 15 days a letter is automatically generated to the registered owner of that vehicle stating you must respond to this letter and a late penalty has been added ($25.00 is automatically added on day #16). There is also a mechanism in place by a previous ordinance to declare a "nuisance", if three or more parking tickets have gone unpaid. Mr. Sievers stated that subsequent action was all made possible by the original presumption that the infraction was put on the vehicle was validally issued to the registered owner because it was placed on that vehicle on the street. Therefore, further enforcement action can be issued based on that original assumption. If the first infraction cannot be placed on the vehicle, then the City has no starting point. President Morton stated there is limited capacity within the handheld computers to input some of the multiple infraction TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 9 of 17 violators in order to start chipping away at the problem until it can be brought under control. The recommendation to change from $5.00 to $10.00 parking infractions needs to be addressed at this time. Mr. Walbel stated having just learned of the enormity of the problem, possibly increasing the first overtime ticket in the lettered and metered areas to $10.00 would help get a handle on the situation. President Morton stated there is a piece of computer software for approximately $750 that could be used with the computer to enhance the process. Mr. Dawkins expressed concern over someone getting ticketed for overtime parking for being two minutes late. Ms. Johnston pointed out this proposal was aimed at the frequent violators, not the occasional shopper. Currently, there is two hour free parking for people shopping in the downtown area. Occasionally, a short term parker may get caught in an overtime situation and would be ticketed accordingly. Mr. Dawkins pointed out that Bremerton was the only city in the County that still had parking meters. Ms. Johnston noted that Debbie Goodell had checked with the cities of Bellingham, Everett, Edmonds and Olympia and their first time overtime parking tickets are $10.00. Mr. Collins stated recently Mayor Rice of the City of Seattle recommended a $25.00 fee for overtime parking. He felt this proposal was to discourage people from taking a calculated risk using City streets as a parking lot; and keeping the overtime parking fee higher would accomplish this. Mr. morning stated this item had been reviewed by the Operations Committee and he shared Mr. Dawkins feelings about a lower fee for the first time offenders. He did not want to encourage people to "shop out-of-town" because of a high parking ticket fee, but rather setting the first ticket at $5.00, the second ticket at $10.00, and any number over that we go after their house! President morton questioned if the capability of the computer would be jeopardized if the $5.00 fee was instituted in the commercial core? Ms. Johnston stated the handheld computer is loaded by zone so there is the capability to set that up. Mr. Morning stated that was his intentions with the recommendation to increase the third ticket given within 30 days to $30.00. Mr. Collins stated in response to concerns about people TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 10 of 17 getting ticketed for overtime parking for a very short period of time, he did not think the City wanted the Parking Regulators making a determination as to whether someone had a good excuse for overtime parking. Also, those individuals had the recourse to go before the Municipal Court Judge and plead their excuse for overtime parking. He stressed the importance of saying "our parking downtown is for business reasons only, therefore, if someone is over parked it will cost $10.00". He did not support being more lenient. Ms. Johnston noted of the 331 multiple overtime violations, within one week, 16 individuals requested Court dates. Currently, the Court is averaging (monthly) 38-48 hearings on parking. This is not a large percentage considering the 1300 outstanding tickets. She questioned if Council approved a $5.00 fine for the retail area and someone was given a second ticket in the residential area would this count for two overtime tickets? Council's comment was yes. President Morton questioned the average monthly fees for parking in downtown lots? Ms. McCluskey stated it amounts to approximately $3.00 per day, $40.00 per month. President Horton stated she believed the fees need to be raised either through the late penalty or through the first infraction so that it equated to $40.00. If this is done, then it will be as expensive to park on city streets as in a private parking lot. If the penalty in the retail core is $5.00, she suggested the third fine should be $30.00, so that it equates to $40.00 total. Mr. Collins expressed concern that getting a ticket downtown is only worth 1/2 a ticket because it only costs half as much. President Morton stated no, the emphasis is to encourage business downtown. #2335 M/S/F(Collins/Colvin) that the City Council approve Ordinance, on second reading, including the following changes: Section (a) reads "overtime or non-payment collection devices"; Section (a)(i) first and second tickets will be $10.00 and the third ticket will be $30.00. Mr. Morning stated he agreed with Mr. Collins' motion in the non-commercial core. He believes that people often look for a reason not to do something and he did not want to give anyone an easy excuse to not shop downtown. He supported making the fine on the first ticket $5.00 and those who are consistent violators, under the Scoff Law provision, will pay $5.00 for first violation, $10.00 second violation and $30.00 third violation. He would be supportive of an even greater total per month for those who abuse the parking privilege. He would support a proposal to up the second penalty to $15.00, if recommended. Mr. Dawkins questioned if anyone was looking into a Merchant TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 11 of 17 Validation program. Ms. Johnston stated Ms. Goodell is currently working on such a proposal. Several 4th Street merchants have already been contracted and they are eager to pursue implementing such a program. Mr. Dawkins questioned what might happen if the first overtime parking ticket was set at $5.00 and the second one at $157 Ms. Johnston emphasized the difficulty of setting something like that up. Mr. Waibel noted it was his belief that the issue of parking had taken more Council discussion time than any other subject. #2820 President Morton noted in the event this motion does not pass, she recommended that a retail penalty of $5.00 be set and every where else it would be set at $10.00. Mr'. Sievers recommended making the following change under Section (a)(iii): third and' additional violations of this subsection within thirty days $30.00. Vote On Motion: In Favor: Opposed: Collins, Estes, Waibel Dawkins, Colvin, Horning, Horton Motion failed. M/S/C/U(Horning/Dawkins) to approve Ordinance, on second reading, including change to Section (a) "Overtime or non- payment in collection devices; Section (a)(ii): Lettered zones and metered parking two hours or less - $5.00; and Section (a) (iii): third and additional violations of this subsection within thirty days - $30.00. 7A - VOTERS PAMPHLET, #AB91-236 I have just received notice from the County Auditor that the Legislative body must appoint committees to write for and against statements for the ballot measures. These statements must be submitted by September 25. Committees are suggested as follows: Proposition #1 Citizens for Professional Reform "For" Statement - "Against" Statement - Jim Adrian Louie Soriano Harold Picard Don Large Art Anderson Charles Hazelwood Proposition #2 #3092 'TAPE #954 City Council Reg. Mtg. Minutes September 18, 1991 Page 12 of 17 Citizens For A Better Bremerton "Forw, Statement - Lena Swanson "Against" Statement - Louie Soriano Don Large Charles Hazelwood Current Form Of Government "For" Statement - Louie Soriano Don Large Charles Hazelwood "Against" Statement - Lena Swanson Jim Adrian Public comment- none. Mr. Waibel stated he was still wondering why Council had to have input on the merits of these issues. He questioned if in fact the two propositions presented had been tabled by this body for a two year period, would the petitioners have had any cause of action to go to court to get them on the ballot? Ian Slevers, City Attorney, stated he believed they would. It is the opinion of the Prosecutors' Office that an affirmative vote on the Resolution is required to place the proposition on the ballot; and that it would be an administerial act, not a discretionary act. Kathleen McCluskey, City Clerk, emphasized this requirement is not a State law but rather the County Auditor's rules that she wrote regarding publication of the Voter Pamphlet, which is issued by the County. President Morton questioned what if the Council wanted to sabotage one of these issues and in theory Council could stack the deck and not give the proposition a healthy discussion. Her point in bringing this type of statement up was to point out why Council should not be involved in the issue at all. She felt the County Auditor needed to readdress her rules. Mr. Colvlm questioned who selected the candidates as presented? Mr. Morninq stated the proponents of each proposition suggested their own cadra and the Mayor suggested those to respondin opposition and the listings were simply reversed on the third proposal. M/S/C(Horning/Colvin) to approve Committee appointments as presented. TAPE #955 Vote: In Favor: Estes, Horning, Horton, Dawkins, Colvin Opposed: Collins Abstain: Waibel Motion carried. TAPE #955 City Council Reg. Mtg. Minutes September 18, 1991 Page 13 of 17 7B - AMENDMENT #1 CONTRACT #3279 PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF BREMERTON AND PARAMETRIX INC., FOR IMPROVEMENTS TO McKENNA FALLS INTAKE FACILITIES, #AB91-233 Amendment #1 to the Professional Services Contract (Contract #3279) between the City of Bremerton and Parametrix, Inc., provides for professional services associated with improvements to the Utility's McKenna Falls Intake Facilities and repair of the Alexander Lake Dam (Exhibits "B" and "C", respectively). The professional services include engineering design services for improvements to the McKenna Falls structures, chlorination facilities and water quality monitoring equipment. These improvements are necessary as a result of the Federal Safe Drinking Water Act Amendments. Additionally, the Utility is contemplating the repair of the Alexander Lake Dam, which will allow utilization of this facility to supply non-potable water for irrigation needs and thereby reduces the impact on the domestic water system. Cost of the professional services approximately $405,118.00. is estimated to be Bill Duffy, Utilities Director, stated the first item is the continuation of a project presented to Council several months ago in a Study Session regarding McKenna Falls facilities. The City has water claims on Alexander Lake and he was becoming quite concerned that the City could loose those claims. Some of the new water rights legislation are leaning toward "use it or lose it". He had looked at those supplies for future needs of the City, therefore, he wants to make some improvements and at least use it as irrigation supply for the interim. Public comment - none. Mr. Morning pointed out this request amounted to a lot of money and questioned if this was a senior priority issue to Mr. Duffy? Mr. Duffy stated he felt it was a senior priority to the City to protect thedrinking water supply. Mr. Morning questioned for clarification if Mr. Duffy was saying this was the most important in the long run and recommending it to Council on that basis? Mr. Duffv stated this was one of many things in that program that need to be done. Mr. Morning stated that Mr. Duffy's act of asking for this first is a first priority. Mr. Duffy stated the Utility has almost 40 different projects in contracts going at this time and it is one of the high priority projects. Mr. Homing questioned TAPE #955 City Council Reg. Mtg. Minutes September 18, 1991 Page 14 of 17 what will take funding first? Mr. Duffy stated the first funding will go to the Port Washington Narrows project, which has already been awarded. Mr. Horning questioned of the unappropriated funds is this project the highest priority? Mr. Duffy stated this proposal is part of it. This is one of the critical elements in securing water rights, which includes improvements to McKenna Falls, acquisition of land, providing protection of water resources, etc. Mr. Horninq stated at the end of this year he would be leaving the Council and the one thing he was most proud of was the protection of the City's water resources and the long range planning. He applauded Mr. Duffy for having the courage to stand up and say this is vital to the community. He believed Bremerton will again be a #1 city and one of the reasons for that will be the forward planning on preserving water rights. Mr. Waibel questioned on the Anderson portion he felt the City might be fixing up something and then lose it any way if we don't make sure to do all we can to validate our claim and need. He hoped that in addition to the action taken at this time we also stay on top of any court actions and make sure we institute uses that will maintain that claim. If the use as irrigation is not sufficient then other uses need to be found. #0165 M/S/C/U(Horning/Estes) to approve Amendment No. 1 to Contract #3279 for professional services associated with improvements to the Utility's McKenna Falls Intake Facilities and repair of the Alexander Lake Dam and authorize the Mayor to execute said Amendment subject to City Administrative Policies and Procedures. 7C -AMENDMENT #1, SLUDGEMANAGEMENT SERVICES CONTRACT BETWEEN CITY OF BREMERTONAMD PARAMETRIX INC., #AB91-234 Amendment #1 to the Sludge Management Services Contract between the City of Bremerton and Parametrix Inc., provides for design services associated with landscape screening improvements at the City of Bremerton Wastewater Treatment Plan (Exhibit "D"). Bill Duffy, Utilities Director, stated the three activities contemplated in his project will involve securing some leases from the Department of Transportation along the west side of the freeway adjacent to the Wastewater Treatment Plant; and the design of an irrigation system utilizing secondary effluent from the plant, and providing some visual screening of the wastewater plant. It is hoped that this action will not only improve the appearance in that area but would solve some other problems that are being experienced and associated #0413 TAPE #955 City Council Reg. Mtg. Minutes September 18, 1991 Page 15 of 17 with the plant. Public comment - none., Mr. Collins questioned if the odors that are air borne would negatively affect plantings in that area? Mr Duffy stated no. Mr. Dawklns questioned if the planting project would come under a separate request? Mr. Duffy explained the planting is part of the scope of work and the engineering firm will present some engineers' estimate and various alternatives and recommendations how to accomplish the proposal. The Utility is also looking at securing some property (old Humane Society property), which would be included. Mr. Hornin~ stated he was always uncomfortable when something said "time and materials" and did not have a cap but only an estimate. Mr. Dully emphasized it is a "not to exceed" number. Mr. Homing questioned what happens if they get to that point and funding is not available? Mr. DuffV stated they must complete the project as outlined in the scope of work and not exceed that figure. Hopefully, depending on negotiations, some of the items may cost less than estimated. M/S/C/U(Waibel/Estes) to approve Amendment #1 to the Sludge Management Services contract between the City of Bremerton and Parametrix, Inc., which provides for design services associated with landscape screening improvements at the Wastewater Treatment Plant and authorize the Mayor to execute said Amendment subject to City Administrative Policies and Procedures. 7D - AMENDMENT #12 (FINAL) TO PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF BREMERTON AND CH2M HILL, #AB91-235 Amendment #12 (Final) to the CH2M Hill Professional Services Contract for the development of wastewater transmission and treatment facilities amends the Scope of Services associated with Amendment No. 4 of the Department Of Ecology's Wastewater Facilities Improvements Grant #WFG 83-067. This amendment provides for the elimination of the requirement for the development of O & M Manuals for the Sludge Application equipment (furnished by manufacturer) and the Sludge Storage Facility and provides for a final summary of Schedule II budgets. Bill Duffy, Utilities Director, stated this amendment represents an end of an era of over a decade of work. This project has been commonly known as the City of Bremerton TAPE #955 City Council Reg. Mtg. Minutes September 18, 1991 Page 16 of 17 wastewater facilities project. This will be the last official act on that project, which consisted of over 20 construction projects as well as allied activities including administrative time, engineering time and construction services. The total cost of the project to date has been $43,525,930.21. This has probably been the largest project the City had ever undertaken in its history. Most notably the two projects have been the wastewater treatment plant and the central Bremerton project, which was recently finished on the waterfront (pump station with observation tower at the end of Park Avenue). Mr. Duffy introduced personnel from CH2M Hill, who were key players in this project: Dave Reynolds, lead engineer on many projects; Joe Gauthier, Project Manager; Bud Vander Aa, lead engineer in mechanical areas; Russ Stepp, Department Manager of CH2M Hill. Mr. Duffy acknowledge the involvement of the following City staff: Kathleen McCluskey, Director of Administrative Services; Ian Sievers, City Attorney, Street Department personnel, Communications personnel, Purchasing, etc. He also acknowledged the significant role the City Council played in this project and pointed out two of the original 9 Council members were still on the Council, Spencer Horning and Russ Johnson. He pointed out Mayor Dawkins, who is now a Council member, was in office at the time this project was started. Russ Stepp, CH2M Hill Department Manager, stated they have been pleased to be part of this project. He pointed out that 50% of this project was funded through grant money from the Department Of Ecology, 20% US Navy funding, with the City's investment being minimal, which really establish a firm foundation for future City development and growth. Public comment - none. #0640 M/S/C/U(Dawkins/Horning) to approve Amendment #12 to Professional Services Agreement associated with Amendment #4 of the Department Of Ecology's Wastewater Facilities Improvement Grant WFG 83-067 and authorize the Mayor to execute said Amendment subject to City Administration Policies and Procedures. TAPE #955 City Council Reg. Mtg. Minutes September 18, 1991 Page 17 of 17 With no further business meeting adjourned at 7:30 PM. LY~~HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault