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HomeMy WebLinkAbout11/04/87TAPE #496 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOVEMBER 4, 1987 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, November 4, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Waibel, Morris Dawkins, Mary Lou Long, C. R. Col/ins, A1 Colvin, Russ Johnson and Lon 0vetson. Councilman Shirley Marry Crutcher was absent. Also present were City Attorney Ian Sievers and City Clerk Eathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Spencer Homing and Invocation was given by Councilman A1 Colvin. CONSENT AGENDA A. Minutes of Meeting held October 28, 1987, #AB87-289 B. Bid Award - Wastewater Treatment Plant Improvement, #AB87-296 C. Change Order #1 Wastewater Treatment P/ant Improvements, #AB87-297 #0031 M/S/C/(Waibel/Collins) to approve Consent Agenda as presented. Vote: In Favor: Oppose: Overson, Dawkins, Waibel, Homing, Collins, Colvin, Johnson Long #0053 CLAIMS/WARRANTS REGISTER Vouchers audited and certified by the a~diting 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 which has been made available to the Council. M/S/C/U(Colvin/Dawktns) on November 4, 1987,_ the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 32536 through 32662 in the total amount of $272,831.19. COUNCIL MEMBER PRPORT Mr. Waibel reported that Enha~ced 911 will be on line as of November 19 and that on that date an Open House will be held at the CenCom Office starting at 10:00 AM. Due to limited parking Mr. Waibel suggested parking across the street by the college. Mrs. Lona wished her successor good luck. Mr. Colvin thanked Bill Duffy and John Poppe for their diplomatic handling of a sensitive issue during discussions with a group of citizens. Mr. Collins reported that the group tasked to study the "skateboard" regulating issue have held their first meeting and appear to be making progress. They have requested the Chief of Police to meet with them in the future. TAPE #496 City Counci~ Reg. Mtg. Minutes November 4, 1987 Page 2 of 8 PUBLIC RECOGNITION Tom LonG, 2433 E. Phinney Bay Drive, made a presentation, using a home video recording of a political Candidate Forum, alleging that the video film had been tampered with and a portion removed before being run publicly. Mrs. Long stated that she had been present at the Candidate Forum and had heard a statement made by Ms. Hotton which was not included on the video tape. Jim Brontoli, Cable Access Coordinator, stated that there had been no tampering or editing over any portion of the video tape and suggested that Mr. Long view the actual video tape of the Candidate Forum. Bob Smttter, 1511 Park, reported an error on the voting ballot in his district which included Mr. Overson as a candidate for Council Position. Mr. Smitter has filed a complaint over the County Auditor's error. Also, Mr.- Smitter stated that there is a Federal Regulation which requires that a disclaimer must be made if editing is done to a video tape when run publicly. #0556 6A - NAD RESTROOM RENOVATION AND BARDSCAPE PROJECT, #AB87- 290 The N.A.D. Restroom Renovation/Hardscape is a 1988 Cobunity Development Block Grant project, The scope of work includes the renovation of the restroom and the construction of sidewalks through the park. Sotoptimists International of Bremerton has selected N.A.D. Park as their community service project and upon completion of the restroom and sidewalk, will provide play equipment for the handicapped, landscaping, flowers, shrubs and the redevelopment of the blind trail. It is requested that Council award the bids to Kevin Davidson and costs shall not exceed $24,200.00. The bud received is a good bid and is supported by comparable cost estimates by the City Engineering Department. Arvilla Ohlde, Parks Director, stated that 85 bid notices were sent out and three .were returned, with Keyin Davidson being the lowest bidder. M/S/C/U(Johnson/Colvin) to award.the bid to Eevin Davidson for the amount' not to exceed $24,200.00, including tax. #0637 6B - APPOINTMENT TO CABLE ADVISORY CONMITTEE - EDWARD BACHMANN, #AB87-291 'Due to the recent resignation of Donna Allen, there is a vacancy on the Cable Advisory Committee. It is recommended that this vacancy be filled by Edward Bachmann. Mayor Gene Lobe .briefly outlined Mr. Backmann's qualifications which included an extensive background in communications/cable programming technology. Mr. Johnson commended the Mayor for finding such a qualified candidate. M/S/C(Johnson/Waibel) to approve the appointment of Edward Bachmann to the Cable Advisory Committee. Vote: In Favor: Oppose: Overson, Dawkins, Waibel, Homing Collins, Colvin, Johnson Long TAPE #496 City ,~ouncil Reg. Mtg. Minutes November 4, 1987 Page 3 of 8 #0847 6C - CONTRACT APPROVAL ANNEXATION PROJECT CONSULTANT - SHERRIL HUFF, #AB87~292 At its September 2, 1987 meeting, Council .approved funding and a work program for the development of data necessary for an increased Annexation Program. The procurement process has yielded Sherril Huff as the proposed cbnsultant to accomplish the work. Council's delegation of authority to the Mayor to sign the proposed contract is necessary. Don Pratt, Planning Director, procurement process noting that received and three were interviewed. offered the most reasonable cost, outlined briefly the eight responses were Of the three, Ms. Huff i.e. $15.50 per hour compared to $40/$50 per hour and could provide significant local knowledge and familiarity with systems and people. Mr. Pratt pointed but that Ms. Huff would not be continuing to serve as Community Block Grant Coordinator as that position has been advertised and should be filled in the very near future. Mr. Overson questioned if the City planned to continue hiring consultants to handle annexation issues after the term of Ms. Huff's contract expires? Mr. Pratt stated no... future annexation activities will be under taken by Planning Department staff. Mr. Horninc questioned if the City would be providing an office for Ms. Huff? Mr. Pratt stated no. Mrs. %On_n_~questioned why was Ms. Huff's cost so much lower? Mr. Pratt stated that Ms. Huff has a lower overhead cost and apparently the City did not have a lot of competition for her services. M/S/C/(Colvin/Dawkins) to authorize the Mayor to negotiate and sign a Consultant Contract with ,Sherril Huff for · annexation project services. Vote: In Favor: Oppose: Abstain: 0verson, Dawkins, Waibel, Horning Colvin, Johnson Collins Long 6D - WASTEWATER UTILITY COMPREHENSIVE PLAN, #AB87-293 The City Council pursuant to Agenda Bill #87-055, dated February 4, 1987, authorized the Utility to proceed with the development of an updated Wastewater Comprehensive Plan for the Utility. The Utility solicited formal proposals from qualified firms. Following a review of the proposals and formal.presentation by each firm, the Committee recommended CH2M Hill as the No. 1 candidate based on their overall experience and knowledge of the City of Bremerton's Wastewater Treatment Facilities. The Utility allocated funds in its 1987 budget for the preparation of the comprehensive plan. Total project cost is estimated to be approximately $50,000.00 to be funded from the Wastewater Operating Fund. Bill DuffV, Utilities Director, stated currently the Washington Administrative Code requires all governmental TAPE #496 City Council Reg. Mtg. Minutes November 4, 1987 Page 4 of 8 #1109 agencies providing sewer service to provide a Comprehensive Plan. For the past few years the City has been operating under the Sinclair Inlet Study which is approximately 10 years old and was basically dedicated towards a regional system. Since a 'regional system was not developed there is a need to update a Comprehensive Plan for the City of Bremerton to reflect its current operating status. Mr. Johnson inquired what other firms submitted proposals? Mr. Dully stated proposals were solicited from three firms, URS, Parametrix and CH2M Hill. Parametrix chose to abstain from the proposal, URS responded as did CH2M Hill. The proposal received from URS was almost twice the cost of CH2M Hill's. Mr. Overson questioned if the $50,000.00 cost was based on some kind of scientific basis? Mr. DuffV explained that the value is based on time and materials for the work performed. The $80,000.00 is a not to exceed figure. Mr. Overson asked if we had examples of similar projects? Mr. Dully stated yes - the Water Comprehensive Plan completed several years ago and Water Resources Plan were both of similar cost. Mrs. Long reported that the Port Orchard Annapolis Wastewater Treatment Plant' had received an award for most economical and efficient sewage.treatment plant in the State and wondered why the City's facility did not compete for this type of designation. Mr. DuffV stated the awards are based on applications submitted by various government agencies and the City did not'submit an application. / M/S/C(Waibel/Collins) to approve the Professional Services Agreement between the City of Bremerton and CH2M Hill and authorize the Mayor to execute said agreement subject to Administrative Policies and Procedures. ' Vote: In Favor: Oppose: Johnson, Colvin, Collins, Homing Waibel, Dawkins, Over~on Long 7A - ORDINANCE (FIRST READING) ESTABLISHING A MUNICIPAL CO~FRT UNDEI~ CHAPTER 3.50 RCW, #AB87-294 At present Bremerton operates a municipal department of Kitsap County District Court under Chapter 3.46 RCW.' As such, the Judge's salary is set by RCW 43.10. The proposed ordinance utilizes authority granted to cities of 400,000 or less by Chapter 3.50 RCW to operate a Municipal Court with local autonomy in setting salaries. The ordinance must be passed by Council by December 1, 1987, to take effect January 1, 1988. Ian Sievers, City Attorney, stated that the City Council directed that a study of the comparative features of a 3.46 and 3.50 Court Systems be conducted through the summer and concluded that the City should move to a 3.50 Court system beginning January 1. If the proposed ordinance is passed by December I the 3.50 Court would commence as of January 1, 1988. The two Court systems were found to be almost identical in jurisdiction and other features except that the City can adjust the salary of the Municipal Judge and set it by ordinance rather than having to pay a salary which was determined by the State. Mr. Sievers noted a c~rrection to the proposed ordinance..."the term should run from January 1, 1988 to January 1, 1992" TAPE #498 City Council Reg. Mtg. Minutes November 4, 1987 Page 5 of 8 Roy RaineV, Municipal Court Judge, stated that he understood Council action on this issue is based on an opinion by the State Attorney General's office and that he did not agree with that opinion on what Council can legally do. JudGe RaineV did noted that during the previous discussions on this subject he had been cooperative in his approach and assured the Council he would not challenge Council's action on the ordinance. JudGe RaineV proposed deleting the first two paragraphs of the proposed ordinance, noting that the Council had, in his opinion, the ability to change to a different court system prior to 1984 and that currently the Municipal Court Department is running efficiently and effectively and the statement that after a change to 3.50 the department would run more efficiently and effective was erroneous. JudGe RaineV pointed out that the City may be hasty in its decision at this time as there is the good possibility that the State Legislature will take steps during their next session whereby the State would pay ~ District Court Judge's salaries. If this type action was implemented, then the City would be out only $4,450.00 for one year and would receive $26,000.00 the following years .... savings would be so much greater than the increased cost in 1988. Also, Judge Rainey is of the opinion that the State might include in the legislation some type of restrictions preventing cities that change from 3.45 to 3.50 to change back to 3.45 at a la~er date and be eligible for the reimbursement of a portion of the District Judge's salary. Mr'. Colvfn stated that Council appreciated the Judge's comments but wanted to know what would happen if the Legislature did not enact legislation as he described. Judge Rainey explained that the District Judge's salaries would increase as of July I to $71,000.00 Mrs. Long expressed concern that if the City changed to a 3.50 court system now and then wanted t~ switch back to a 3.48 court, that the State would hold it against the citizens and in some way restrict there so doing. Mr. Homing stated that at this time anyone is just guessing as to what the legislature may decide to do. JudGe RaineV suggested that the City Join in with the County supporting the drafting of this type of legislation as it affects every County and 3.46 Court in the State. Mr. Collins complimented the Municipal Court for the turn around or turn in affect it is having in the community and he appreciated Judge Rainey coming before the Council and expressing his opinion. Mr. Homing stated Judge Rainey had given valuable information for discussion and even though he did not agree with all of it, at least they were apprised of the Judge's concerns. Mr. Watbel pointed out that the issue of changing types of court was not just the salary issue, but that. it took the control out of the hands of the State and gave it total ;local control. Mr. Dawkins stated in his opinion the Council was only looking at the Judge's salary aspect 'and he would not support changing types of court at this time but should wait. to see what happens during the next Legislative session. Mayor Lobe stated that he hoped that if Council moved ahead to effect a change to the 3.50 court system that the Judge's TAPE #496 City Council Reg. Mtg. Minutes November 4, 1987 Page 6 of 8 salary would remain in the 861,000.00 range. Also, he urged the Council to wait and see what the Legislature would do during their next session in regard to the possibility of the State being responsible for ~ of District Judges' salaries. Mr. Johnson pointed out the fact that many cities are already 3.50 courts and not many are rushing to transfer to the 3.46 court system. #2027 M/S/C(Johnson/Long) to approve Ordinance, on first reading, establishing a Municipal Court under Chapter 3.50 RCW and delete first two paragraph starting with "WHEREAS". Vote: In Favor: Oppose: Johnson, Colvin, Long, Collins, Homing, Waibel, Overson Dawkins 8A - PUBLIC gRaltlNG - CITY OF BItEMF/~TON SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT {SL-2-87) DEMOLITION OF THE NANETTE WASTEMATER TREATMENT PLAN, #AB87-295 The City Council is being requested to approve a Shoreline Substantial Development Permit for the City of Bremerton to demolish the abandoned Manette Wastewater Treatment Plant. President Homing asked the "Appearance of Fairness/Conflict of Interest" question'with all Council members being seated. Ed Davis, Planner, described the site as approximately 1.2 acres located adjacent to and directly east of Lions Community Playfield, south of Lebo Blvd., at the southern end of Stephenson Avenue. The current zoning is R-1 Residential and current use was abandoned primary wastewater treatment plant and related apurtenances. In response to State SEPA compliance the City of Bremer~on as lead agency, issued a Designation of Non-significance in August 1987. Approval of the Shoreline Substantial Development Permit must be based on: (1) consistency with the policies and procedures of the State Coastal Management Act and (2) consistency with the Bremerton Master Shoreline Program. The City Council is the acting Shorelines Permitting Board. Mr. Davis noted that the demolition of the old Manette Wastewater Treatment plant and .expansion of'the adjacent park will have a lesser impact on the adjacent shorelines than the existing designation of residential. The proposed project is located within the Tracyton Beach stretch of land along the Port Washington Narrows and will not have a significant impact on the area. The project is in compliance with the adopted guidelines of the B.S.M.M.P. Development guidelines include: (1) designate and administer shoreline environments and use regulations to minimize man- made intrusions on shorelines; (2) upgrade and redevelop those areas where intensive development already exists, in order to reduce their adverse impact on the environment and to accommodate future growth rather than allowing high intensity uses to extend into low intensity use or underdeveloped areas. Staff recommends approval of the project. Bill DuffV, Utilities Director, stated this is a project which had been put off for a number of years due to lack of funds. Earlier this year a site inspection was made and it was determined that due to the hazards existing there and TAPE #496 City Council Reg. Mtg. Minutes November 4, 1987 Page 7 of 8 'E #497 the liability associated with the project, the City should take immediate action to remove the facility. Earlier the City let smaller contracts to remove the sludge and asbestos and the final contract will be for the demolition of the facility with transfer of the property to the Parks Department for restoration of the site. Elizabeth Buell, 1722 High Avenue, questioned a permit process at this time as the demolition process had been going on for 2-3 weeks. Bill DuffV stated that the permit is a paperwork process to make sure the files have the appropriate documentation. Mrs. Buell expressed concern that after demolition is complete there will still remain an unpleasant odor in that, area. Mr. Dully explained that all the sludges have been removed previously. Merle Pribbenow, 2539 Stephenson, expressed his concern that the sludge had impregnated the concrete and now the concrete was being buried on site. He stated that he would not want his children to play in this area. W. J. Warren, 2520 Stephenson, expressed concern at the Council's reaction at a previous Council meeting when this subject was brought up regarding the permitting process after the demolition activities had started. Also, he believed the permit is in error-and can't be acted upon for removal of a building which is no longer there. Austl~ Johanson, 2518 Stephenson, expressed concern as to adequate drainage of the buried concrete and debris, had heard that the asbestos was hauled away in an open truck and was concerned with what will be left at the site. Bill Dully reported that in regard to drainage there are holes on 10 ft. centers of on the bottom of the clarifiers and digesters allowing drainage. The sludge was trucked to the 'treatment plant where it was treated and trucked to Shelton for spreading on forest lands and the asbestos contract was handled through the General Facilities Department by Mr. Don Hock who is the City's certified person in asbestos removal. Pat Cater, 109-B Oak, Sheridan Neighborhood Assoc., stated how pleased he was that this piece of property is being retained by the City through the Parks Depar!ment. Also, Mr. Carey was concerned who would inspect the site when the demolition is completed. Mr. DuffV stated that there is a grading plan associated with the project which will level the area for some future use. In addition, contractors estimate to remove the building alone was $90,000.00 additional dollars and a cost to haul in backfill. The current contract for the project was awarded at $89,000.00, a low contract based on the timing of the Job. The second lowest bidder was $119,000.00. The final inspection will be completed by Mr. John Poppe, project manager on this project. Mr. Collins pointed out that in addition to those already mentioned who worked toward keeping the property within the City's assets was Councilman Mary Lou Long. Mr. Johnson restated his position that he still did not feel ~hat an abandoned ahd cleared sewage plant site was a good place for children to play. Mr. Johnson also expressed concern that the City keep this area as an open space and not develop into another ball field. Mr. Dawkins stated that the site is not large enough for a ball field. Don TAPE #497 City Council Reg. Mtg. Minutes November 4, 1987 Page 8 of 8 Pratt explained that the current Shoreline designation is residential and that future intent is to keep that area for recreational use. Mr. Colvin reported that a citizen had seen wood being duped into the hole along with the concrete. Mr. PoDDe explained that large pieces of timber were broken up and later hauled away from the site. He welcomed the citizen input and in some instances they were justified in their concern. #0165 M/S/C/U(Overson/Dawkins) to approve the Shoreline Substantial Development Permit for the City of Bremerton to demolish the Manette Wastewater Treatment Plant as it conforms to the goals, policies and regulations of Bremerton Shoreline Management Master Plan. With no further business meeting adjourned at 7:45 p.m. CLERK TPROiR HORN~T~t~/~ KLM/SH/me cos: Normal Distribution File/Vault