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Home My WebLink About12/13/2006 AGENDA ;,'m--. ''"7I,m, "I " ::: ....1 " I . , "" - .. ....j , - <:;' '!I " 0 I ~ i\ /; , .' . " ',\, 'i -~~ - -- -.. _. FjlE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 ***AMIEI\!DIED*** DECEMBER 13, 2006 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCil CONFERENCE ROOM 603 A. General Council Business, including a presentation on the Bremerton Boardwalk Project by Tom Knuckey, Managing Engineer with Public Works & Utilities B. 10-Minute Executive Session to "Consider a Minimum Price for Real Estate" per R.C.W. 42.30.110(1 )(c) No action will be taken on this item tonight; however the discussion may continue during the Study Session. .. 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION & ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB06-269) B. Minutes of Meeting - December 6, 2006 (#AB06-270) 5. GENERAL BUSINESS - There are no GENERAL BUSINESS items tonight... 6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action will be taken, and the content of these items is subject to change... 1. Proposed resolution approving entry into Change Order expenditures with BERSCHAUER PHILLIPS CONSTRUCTION related to the Art Morken Law Enforcement Center - Gary Sexton, Redevelopment Projects Administrator 2. Approval to purchase furnishings from Business Interiors NW for the new Art Morken Law Enforcement Center - Gary Sexton, Redevelopment Projects Administrator 3. Approval to purchase high-density and evidence records storage for the new Art Morken Law Enforcement Center - Gary Sexton, Redevelopment Projects Administrator 4. Proposed resolution approving entry into a Change Order for SYNERGY CONSTRUCTION for Harborside Fountain Park & Heritage Museum and Events Addition - Gary Sexton, Redevelopment Projects Administrator CONTINUED ON BACK... 5. Purchase of Property Insurance - Peggy Lesser, Risk Manager 6. Approval of the City-Wide Parking Enforcement Contract with DIAMOND PARKING SERVICES, LLC- Paula Johnston, City Clerk 7. Contract Amendment No.2 to Professional Services Agreement with Grant Solutions for Grant Writing Services - Dan Miller, PW&U 8. Purchase of two emergency generators and associated equipment from CUMMINS NORTHWEST, LLC for Fire Stations #2 and #3 through the state bid process - Bob Tulp, Public Works & Utilities 9. Amendment to Communications Tower Lease Agreement with SPRINT - Paul Lucas, Public Works & Utilities Admin Manager 10. Communications Tower Lease Agreement with CLEARWIRE US LLC - Paul Lucas, Public Works & Utilities Admin Manager 11. Proposed ordinance to adopt the City of Bremerton Water System Plan Update - Kathleen Cahall, Water Resources Manager 12. Proposed resolution establishing Water Efficiency Goals for the City of Bremerton Water Utility - Kathleen Cahall 13. Proposed ordinance amending Ordinance No. 4979, which amended the Fiscal Year 2006 Budget for the City as originally adopted by Ordinance No. 4959 - Laura Lyon, Finance Director 14. Proposed ordinance amending Chapter 20.10 of the BMC relating to Comprehensive Plan Amendments - Andrea Spencer, Director of Community Development &I Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. BREMERTON BOARDWALK PROJECT STATUS REPORT DECEMBER 13, 2006 SCHEDULE AND BUDGET f\\,,......~11 r"'\...,,;"',...... :ro _llr...".....+h, ""'..... h'lrln"t ,..",,,,,..1 ""h^""rI ",f S"h"r....lr.... VVGIOII jJIVJGvll;:) vUllGlllIY VII uuu~tJ OIIU OlltJOU VI vl.tJUU'tJ. . Currently ahead of schedule on boardwalk. February milestone for identification of alignment and configuration was met at November BAC meeting. . Currently on schedule for Park Development; however, will not be able to construct the upland improvements in 2007. 2007 Goals: . Sewer - complete 90% design · Boardwalk - complete 60% design (structural design complete, architectural design developing) . Park o complete 90% design of park o remediation under construction (ORC injection done and monitoring underway) o Beach re-grading and upland park construction in 2008 . Permitting o Cultural Resources Assessment complete in February o Planning Studies (parking, noise, light, traffic) complete by fall. o JARPA submitted by July o Environmental Assessment complete o Biological AssessmenUEndangered Species Act submitted o Negotiate permits in 2008 o Continued coordination with Suquamish Tribe BOARDWALK ADVISORY COMMITTEE RECOMMENDATIONS Project Statement: The Boardwalk will be a landmark representing the City's revitalization. It will make Bremerton a destination, and its construction will create a net positive effect to the environment. Selected Configuration and Alignment: . Presented 6 options, widths varied from 20-ft wide to 30-ft wide. Selected option is hybrid. . Upland connections at 6th street and 11 th place, with an elevator connection to the new Manette Bridge. . Geocoastal Engineer developing recommendation for deck elevation for the boardwalk. · Permitting agency staff at the BAC stated that the selected alignment is a good compromise, and can be permitted. Page 1 SUQUAMISH TRIBE ISSUES Tribe has 3 concerns: . Potential negative impacts to Fishery. (Battelle Design Recommendations.) . Precedent of approving over water structure. (Concept of Net Positive Improvement.) o Loss of customary fishing grounds and beach access for boats. (Fishery enhancement will be proposed.) Proposed Memorandum of Understanding . Sets forth a process for a working relationship between the City and the Tribe. . Bainbridge Island MOU proposed as a template. Page 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE SUQUAMISH INDIAN TRIBE AND THE CITY OF BREMERTON GUIDING PRINCIPLES This memorandum of understanding (hereinafter referred to as MOD) dated, is executed between the Suquamish Indian Tribe (hereinafter referred..to as "the Tribe") and the City of Bremerton (hereinafter referred to as "the City") i~9ld'erXtQ better achieve mutual goals through an improved relationship between SOj,ij,~~L%~ Tribal government and local city government. This MOD provides a frameworkfor stfffiL thening the government-to-government relationship that exists toda . The Parties to this MOD respect the sovereIgnty and political i ygfity of the Tribal government and the political integrity o,\,~ity gO'-:ijrnment. Th~{f~spective sovereignty of a federally recognized Tribe a e{d......,................~..................c...........is.1.............0,.................,.........n.. .:sm.aking author....1..........,.t. y of the _,~'A0h City, as a political subdivision of the State of Washirfgton; provide authority for that party to exist and govern. The Parties sharet~,~,~pect for the valusand culture represented by the Tribal government and the City, anad~~~e an agreemen.;etwijen the City and the Tribe reflecting a full government-to-go rnill'~ntrelationship;md\vill work in good faith to achieve the goals of such an MOD. The Tribe is a fe '~'\11rr cOg.pized IndiJ~itribe located on the Port Madison Indian Res~~~~,~,?n(~ijreiri~e~,\~eferre ., "the Reservation") in Kitsap County, Washin ton:nTfie Tri~ilis a part,'. 0 tfie Treaty of Point Elliott. Tfie Tribe fias a vital interes , and responsibility fo ,...~\\~lanning and protection of the public healtfi, safety, elfare, and res '" rce management needs and interests oftfieir members, tfie e Reservatio nd tfie Reservation itself. PARTIES The City ". .mu~~~ipal corporation in tfie State of Wasfiington. The City fias a vital interest in, arrd.;~~B,orisibility for, the planning and protection oftfie public fiealtfi, safety, economic welfare, and resource management needs and interests of its residents. GOALS Tfiis MOD is a testament to the commitment by tfie Parties to strengthen tfieir government-to-government relationsfiip. This relationship respects tfie sovereign status of tfie Tribe and decision-making roles of the City, enhances and improves communications between tfiem, and seeks to facilitate tfie resolution of issues. 1 This MOD intends to implement a forum in which to discuss, review, and recommend procedures to strengthen the government-to-govemment relationship. This MOD also provides a foundation for subsequent agreements between the governments of a more specific nature which outline specific tasks to address or resolve specific issues. The Parties recognize the contributions, both unique to and shared by the Parties, that each make to a broad cultural, economic, and historical heritage. Better communication and more systematic opportunities to work and celebrate together or understood by both Parties to further basic goals of a regional community such as promoting, respect for different cultures, linking people to their ~x,;~tage, fostering a sense of place, deepening community pride, encouraging civilit~;..fd~tering empathy, and offering hope for the future. The Parties acknowledge that certain of the actiOns.\on thepwtof either the City or the Tribe have the potential to affect aquatic habiJats,fisheries, or cttltural resources, .jiP" security, or economic well-being ofthe Parties.' The Parties recognize that the Tribe h'~aVl.C!;t.!~coJtm,.ic, cultural, ~p.a/or spiritual interest which may be affected by City activities. Furtlle4ithe City's own economic and cultural interests may be influenced Qyactivity of the Tribe. The Parties acknowledge that su respective goals, responsibilities, and interests can be signl~\can f~.~l.~.~ b~.l e actions of the other, and it is therefore in the inter~~j.2fboth partiesto~s ab isl1;I,~ptocess that facilitates cooperation between th~!PaFJii~,~,.and provide~ methods tor better communication, continued education A . resol1!il~n of variOlr~Jissues. l~mentati~n of this MOD may require educational eff~rts to p~"mote ~i:~erstanding 0 ~l1~\gQfe~ent-to-government relationship within theIr resRectIve organI a wIth the publIc. This M01J.:a<:idres~~~' the relationship between the Parties, its ultimate purpose being to improve cOlllmunication and mutual understanding so that people are better served by decisions m,ade by these governments. yf' PROVISIONS AND DUTIES OF INTERGOVERNMENTAL COMMITTEE Formation: The Tribe and the City agree to form an Intergovernmental Committee to be comprised of elected officials, or their designated representatives, of the Parties. The Tribe and the City recognize this Intergovernmental Committee as the appropriate forum for discussion and resolution of issues. It will be the Intergovernmental Committee's responsibility to review issues and propose specific agreements for their 2 respective government's action that outline actions, initiatives, and/or policies to address and/or resolve issues of mutual concern. The Intergovernmental Committee shall be formed and conduct its first meeting within sixty (60) days of the date of the execution of this MOD. Membership: The Intergovernmental Committee shall include up to three (3) elected officials ofthe Tribe, or their designees, and up to three (3) elected officials of the City or their designated representatives. The Committee members will be selected and subject to removal and replacement by their respective governments. Meetings: The Intergovernmental Committee shallnt~~t;1qtlarterly for two years following adoption of this MOD, at the end of which tim~.;~he Committee will _/j"~:"\7' evaluate the effectiveness of the MOD. The Intergover~,~rital~~;~iiittee may opt by mutual agreement to alter the frequency of meetings .~.~." ciicumstariQ'I~~ warrant. The Intergovernmental Committee shall be co-chaired ~(;ftm~mber from<~i~.ij,eParty. The Tribe and the City will each appoint a co-chair ~i,;tRe Inteigovernmentiiltt~?imittee's first meeting. These co-chairs may be replace.~/q('llt~eir apP9~nting govemIllJitllat any time. The co-chairs and their designees and/ci'r staf~~ill ~,~~esRonsible for ~~fting meeti~g dates .and places, d.eveloping age~das, a~d pt~,~~ing a~d distributi~g any matenals reqUlred for meetmgs. Them,,~etmgs WIll be c0tli~cted at a mutually agreed upon location. At least two representati~~~jl~,~,~ach Party m~~tl!ll~e present for an Intergovernmental Committee action to<Qe cQ;~~~i,~:~d valid.Ni1~~~ting summaries shall be prepared and reviewed by each Party for~.Illendm~.~ts,,;li;ree resp'onsibility for preparing meeting summaries shall be decided by the,.! . AiII'ovl'ffimenfal Committee. Scope of IS~'l~l: brought}~efore the Intergovernmental Committee will be issues of int~~o:v interest to tl1e.;r:ribe and the City and may include, but are not limited to matter ....... conQi~ij w~gsbeing, environmental protection, cultural evel}~i!ij~~gl:~l re~o"1;'prote~tiQ.tlJ;tltheries, and habitat restoration. T.he . Intergovernmental C~1~ltteewlI1 deCIde based on mutual agreement whether It will address articular mate" . Dec~~~n-Making: The ntergovernmental Committee shall be wide flexibility in the manner' which ma~';lers before the Intergovernmental Committee are handled. Both Parties a atteIllPt to achieve consensus on matters requiring action by their respective governments;<Phe Intergovernmental Committee need not, but may, elect to %p. facilitate its discussions by a qualified and neutral individual who is jointly selected, equally paid by, and agreeable to both Parties. Technical Subcommittees: The Intergovernmental Committee may elect to delegate specific technical issues to subcommittees for information gathering, study, and/or analysis prior to the Intergovernmental Committee reaching agreement on an issue. The composition, scope, and responsibilities of the subcommittees will be determined by mutual agreement of the Intergovernmental Committee at the time of its decision for the need for such a subcommittee. 3 . . Amendment Procedures: The provisions of this MOU may be amended by mutual written agreement of the Parties duly executed by the lawfully authorized officers or officials of each Party. SOVEREIGNTY AND DISCLAIMERS Each of the Parties respects the sovereignty of the other. In executing this MOU, no Party waives any rights, including treaty rights, immunities, or jurisdiction. This MOU does not diminish any rights or protections; rather, it seeks to stre then a collective ability to successfully resolve issues of mutual concern. While the relationship described in this MOU pr?ytdesc{;ased ability to solve problems, it is not expected to resolve all issues. Inhe....r..................e............n...... titin.......... the rel~.'.t..\Q.....n. ship is the right of ~ ',~ ""::~>>, each of the parties to elevate an issue of importanc~.toiliffi1~Clecision-l11.~ipg authority of another party. Consistent with intergovemment~tcourtesy, such decisiol1toelevate an issue of importance to any decision-making ~!~.*",~~~y of another party win e made after reasonable notification to the other party ofth'o 0 --O;fWh_,. TERMINA'I'm. Either party may terminate this M, up ne hundr~Qand twenty (120) days written notice. Recomme~q~ti?ns made bY:;~r;,lnter i............,,!W1ental Committee and all spec~fic ~greeme~ts e~~{ut~~.Jl~l.,,~he Pa~ie~pursuant to Jfi~s MOU sh~ll survive the termmatlOn of thIS au and sngB be bmdm n both partIes and theIr successors. /f";:'- ;rhis MOU sh below. THE SUQUAMISH TRIBE THE CITY OF B~WERTON A}: 1P' Cary Bozeman Mayor City of Bremerton Leonard Forsman Tribal Council Chairman Suquamish Tribe 4 . .:~::~, ~<~,..?~I f ,,>~'" ~;':r7: / " i'f I i'l! .I /'1,'. )~,/ , ";,// / /1{." "S. / :',. 1./; . J; -!~t>.: . I. j..,.. / : i.~ 1,Ii: ,. 1 i ' I 'U "~, ;" / If. ',~', " ,:, /'Ii < >. , , ',,~', " I ""'~'(':-" , Iii; . .~....~ ' , ,.(I,' 1 ;! "< \,/': . I '(I " , '; I ,i; ", ',,; / ,t.. l ,: [/, / '/' 'Y\'~S~\>,.",'~r ' I \) . II:~ :' l;)"",' f /., i" '.' . if . Ii: 'I 'It''~J., ""J ! I,f',,: I I "f . ;{j ! . ,I. i'll. ,. : I /1 \ "($...:':"":,, .:. / ,j t" \ ' \ 1 \., , : , !~~~.. ,r, I 'I .I,}' '\;-:'., I r ~' \ i .t . f.': , . ' .':'''. '. I ;1 v...",,~. I f: :.,':\i I 'I r 0....-.""-.:./., f ,'.f' >i ,. , 'J , i.,. ,,-.1 'J:' r '. .:.. 'I / /....; ;:'" '.' ' . . ',;/:<>:,;~,~I . (>.__._ '. w COo ~.....: .. I\,) ~~ I\,):E tn_ · C :nm \. 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ENVIRONMENTAL SCIENCES MEETING MINUTES Location: City of Bremerton Public Works Office Project No.: Meeting Date: October 24, 2006 3:00 p.m. - 6:00 p.m. Project Name: Bremerton Boardwalk Minutes by: Attendees: Brenda McDaniels Stephanie Vail, Bodie Vail, Brad Rucker Company: Mark Goldberg Amy Burnett Tom Knuckey, Phil Williams, Wyn Birkenthal Wendy Priest Linda Streissguth Bill Webb, Brenda McDaniels, Joseph Coppo, David Dinkuhn Ken Atterbery, Steve Slaton Alison O'Sullivan Stephan Kalinowski Boardwalk Advisory Committee Subject: 1. INTRODUCTION Introduction of Project Team Attendees introduced themselves Overview of Agenda Tom Knuckey gave a brief overview of the agenda 255-1896-063 Time: Citizens at Large Citizen at Large - Property Owners Citizen at Large - Arts City of Bremerton Bremerton City Council City of Bremerton Planning Commission Parametrix Port of Bremerton Suquamish Tribe WDFW Purpose of the Boardwalk Advisory Committee (BAC) - Tom Knuckey The purpose of the BAC is to review the Technical Committee decisions. Phil Williams asked for input from the group on what they think the role of the BAC should be. . Sewer decisions are not part of this group-- the committee can have input, but decisions are being made by the technical committee. . Park Development - amenities, finish surfaces, look and feel of project, are the primary issues of this committee ~ Alison O'Sullivan asked if the cleanup is going through an official MTCA process? Phil Williams explained that this is headed towards an "Agreed Order", and is a discussion that will continue with Ecology. 95% of problems have been. taken care of by the previous owner. Some additional refinement of the data still needs to be done. The BAC will be involved. I. October 24, 2006 Meeting Minutes (continued) ~ Linda Streissguth recommended having the Arts Commission involved. Phil Williams said that the intent is to include art. . Steve Kalinowski asked if the Technical Committee will put together proposals with costs to present to the BAC. Phil Williams said if it is an issue that makes sense to address. Meeting Goals - Tom Knuckey The purpose of this initial meeting of the BAC - this is a kick-off meeting instead of a decision making meeting. Phil Williams - In regards to voting on issues, it is hoped that this group will reach a consensus instead of having to do a vote. Bill Webb - The Technical Committee comes up with the alternatives, anyone in this group can come up with other alternatives if they desire. 2. SCHEDULE OVERVIEW - Tom Knuckey Construction Goals - The goal for construction of the upland part of the Chevron property is next year. The date may slip. Construction of Boardwalk and Sewer - 2009 is realistic. In order to meet that goal, the design criteria (those issues that need to be identified for the JARPA application) needs to be done by the end of February. Three parts of the project - Tom Knuckey 1. Sewer Replacement 2. Boardwalk 3. Park - Redevelopment of Chevron Property Alison O'Sullivan asked why not barge in the vactor truck? Phil Williams explained that delays with barge causes more spillage. Steve Kalinowski - Is it possible to equip the Boardwalk with plumbing - a vactor truck could hook up from the beach. Could build a lighter facility. Tom Knuckey explained the logistics and limitations of using vactor trucks and sewer cleaning methods and hooking up to piping is not an effective way to clean the sewer main. Pressure would cause backflow into laterals. 3. SEWER PROJECT - Tom Knuckey The existing sewer problems and possible alternatives were explained. Limits of City/Project Responsibility Ken Atterbery asked about replacing the main, not the laterals. Tom Knuckey explained that the current laterals vary in materials. The clean out will be at the toe of slope. Bill Webb explained that the concrete support structures City of Bremertoll Brcmcrtoll BoardwalkCity of BrcmertoIl255-1896-063 Boardwalk Advisory CommittccOctobcr 24, 2006 2 255-1896-063 Meeting Minutes Meeting Minutes (continued) at the base of the hill will be replaced by textured concrete and potentially covered with woody debris This won't . . Increase wave erOSIOn. Amy Burnett asked if there will be incentives for homeowners to tie in to the main sewer line. Phil Williams answered that they have reviewed the ideas but have decided to cut off the City's liability at the bottom of the slope. He also mentioned that the municipal codes are going to be changed to be specific on what types of materials can be used for replacement of laterals. Mark Goldberg - Aesthetic design on laterals is needed now. Phil Williams - Use black pipes - easier to conceal. Tom Knuckey - Black pipe disappears - put hook on it and anchor large woody debris to hide laterals. Mark indicated that black or green piping would improve this dramatically. Brad Rucker - Are there problems for homeowners when old laterals are cut off? Tom Knuckey - some problems. Phil Williams - carefully disconnect. Design Process/Next Steps - Tom Knuckey Cleanouts on Boardwalk - provides access structure for vactor truck. Ability to clean 500' from access point is required to maintain the sewer line. Connections are planned as follows: . 11 th Place - intent is to install landing to clean sewer and public access. . 6th Street - perfect location for cleaning access facility. Phil Williams - New bridge pedestrian facility/landing - we need to make a connection to the bridge. We are trying to coordinate a meeting with WSDOT. 4. FUNDING PURSUITS - Tom Knuckey We are currently working on a funding strategy memo. The funding memo will: . Identify various established grant programs we will be pursuing . Identify various foundations, businesses, private donations (park benches or bricks) A memo detailing the funding strategy will be provided to this group at the next meeting. Phil Williams - Naming rights - is this a suitable idea for this project? Approaching politicians for funding should be a last ditch effort. Tom Knuckey - naming rights should be held back as a last ditch effort. Where we are: So far, $9 - $10 million have been obtained through the following various means: . Pursued three lAC Grants >- # 1 in state in trails--$2 Million >- $300,000 from local parks grant City of Bremertoll Bremertoll BoardwalkCity of Bremertoll255- J 896-063 Boardwalk AdvisOlY CommitteeOctober 24, 2006 3 255- J 896-063 Meeting Minutes Meeting Minutes (continued) ~ ALEA - $500,000 . Parks Department - $100,000 for acquisition of Plumbers Bldg . Ecology - Agreed Order - process for coming to agreement on level of remediation on site is what we are pursuing. This could pay for 50% of remediation costs. Other mechanisms have been evaluated, including: ~ Voluntary cleanup program, reimbursement requires a no-further action, and has a funding limit. ~ Agreed Order - Reaching agreement with Ecology and if they agree with what we are doing, they will match our 1/2 of our clean up costs. ~ Consent decree - seeking letter from Ecology saying we won't have to do anything more. . $4 million to come from waste water utility . $1.5 million from East Park sale Phil Williams - the Boardwalk costs will vary depending on the width, amenities, stairs, and number of upland connections. Brad Rucker - Have we looked at Environmental Foundations? Bill Webb - ALEA is for that, and the City received a $500k grant from that program. 5. COMMUNITY INVOLVEMENT - Joseph Coppo Community Involvement Plan Goals . To get public's input on project . To share information . Help and maintain support for the project Completed Events Public Meetings -we have had several public meetings and public outreach opportunities. Project Feedback Biggest complaint - why is the project not getting done sooner? Next Steps No more public meetings for some time. We will be maintaining the website and producing a newsletter. 6. BOARDWALK PROJECT -Bill Webb City of Bremerton Bremerton BoardwalkCity of Bremerton255-] 896-063 Boardwalk AdvisOI)I CommitteeOctober 24, 2006 4 255-1896-063 Meeting Minutes Meeting Minutes (continued) Boardwalk Pre-design Studies Bathymetry - We are very lucky, the mean high high water - 25' contour is relatively nearshore, and we get into a, deep water situation rapidly. Geophysical - The sediment thickness is thin, average 6" - I'. Residual sediment is washing back and forth rather than accumulating. There is no evidence of extensive algae beds or kelp or eel grass. Geocoastal - These studies will evaluate wave action, tides, and currents. Data points have been collected to establish baseline conditions. This will allow us to evaluate movement of sediment and show what effect our pilings will have on sediment flows This study is getting a nice economy of scale, as the, same firm is doing the work that is doing the fast ferry surveys and using the existing data as well for this evaluation. Bill Webb - we are looking at removing Evergreen Park debris, expanding beach - but we can't create a situation that will erode the point. Geocoastal is looking in to this to advise us on how we need to proceed. Geotech - Two components are being evaluated . Stability of pilings with offshore borings . Test pits for main sewer line placement Drilling will be done in late November due to equipment problems. Mitigation - Bill Webb-two biggest issues we have identified are: . Creating shading . Noise during construction We are contracting with Battelle to come up with ideas to prevent or mitigate problems from noise/shading. . Concrete piles instead of steel . Smaller piles . No constructing during fish migrations or if areas are present Battelle will evaluate the habitat to determine effects of width on the ecological system. Pilings and debris cleanup - we are getting rid of everything in project area. We had a Pre-application meeting with the Army Corp of Engineers - very favorable meeting. We may only have to do biological assessment and Ecological Evaluation rather than EIS. Steve Kalinowski - Area Impact needs to be evaluated. Bill Webb - NEP AlSEP A could be shortened if we do not have an EIS. ESA may be a long period for consultation with National Marine Fisheries Services (NMFS) and National Oceanic and Atmospheric Administration (NOAA). Weare hoping to avoid formal consultation. Ci/y of Bremer/on Bremer/on BoardwalkCity of Bremerton255-l896-063 Boardwalk AdvisolY Comll1iUeeOc/ober 24. 2006 5 255-1896-063 Meeting Minutes Meeting Minutes (continued) Design Process - Bill Webb We are going to put it at approximately the 25' contour (MHHW). By next meeting we will have sketches. We will talk about the alignment at the next meeting. Width - Zero people wanted 12' wide, standard consensus - 20' -30'. Tom Knuckey - Our intent for the next meeting is to bring alternatives and get consensus. Wendy Priest ~ Need to discuss structures on Boardwalk. Bill Webb pointed out that businesses on the Boardwalk are not viable, significant costs with the land lease. Phil Williams explained that the thought is that this will create commercial opportunities, building permanent things on the Boardwalk. But, this gets us in to permitting issues. There are existing houses - opportunities for connection, zoning issues and compliance planning issues. Steve Kalinowski suggested using the two connection points (bump outs) for commercial activities. Tom Knuckey said that at the next meeting we need to come to terms and agreement on width. Wyn Birkenthal asked ~ based on pilings placement, is there an ability to construct wider in the future? Phil Williams said we will seek permits for maximum width. Bill Webb ~ going for average widths. Steve Kalinowski wants to see Battelle data. Tom Knuckey said we believe no macro algae is in area, using Battelle evaluation to confirm this. Steve Kalinowski said there is a new series of conditions if a water related project - can bring up other questions. Alison O'Sullivan asked if this presentation can be presented to tribal council with materials, 15-20 minutes, really simple presentation. Show widths and illustrations. Tom and Alison to coordinate. 7. PARK DEVELOPMENT Park Remediation - David Dinkuhn History of Park investigations: . 1988 ~ Floating fuel up to 4' thick, associated contamination in soil and groundwater. Soil vapor extraction used to cleanup majority of floating fuel by 1994. . 2003 - up to 3/4" floating fuel was measured. . Today ~ No floating fuel measurable. Smear zone contamination remains. Clean up ideas: . Contain with slurry wall. . In situ remediation - enhance natural biological remediation by injecting oxygen releasing compounds into contaminated areas. · Chemical oxidant can be used to treat concentrated source areas on contact. City of Bremertoll Bremertoll BoardwalkCity of Bremerton255-/896-063 Boardwalk Advisory CommitteeOctober 24, 2006 6 255-/896-063 Meeting Minutes Meeting Minutes (continued) Ecology is under pressure from the Governor to clean up rather than contain contamination. Bill Webb explained costs scenario with clean up. Phil Williams mentioned the potential funding opportunity from Ecology - they will potentially match expenditures. Biggest concern - can we get to an answer quickly on park remediation approach. David Dinkuhn talked about sediments - there are only a couple places where petroleum was detected; one location exceeded sediment standards and bioassay was performed using soils from that location. Bill Webb said bioassay results passed with flying colors. Park Design - Wyn Birkenthal 1 1/2 acres of park being added. Elements needed: . Parking . Beach Access Requests from public: . Off-leash dog area - most requested . Centerpiece . Ampitheatre Wendy Priest asked if there was a use for the Plumbers building? Mark Goldberg said building is really bad, we need a commercial building on this property. Steve Kalinowski pointed out that iflarge trees are going away, there is a need for large trees for birds of prey. Stephanie Vail suggested a fountain for kids to play in. Wyn said special designed water features are popular. Phil Williams said it is a great spot for a water feature. Bill Webb discussed his idea for Ampitheatre plans. Wyn Birkenthal said that we need to start discussions now for commercial structures funding issues. 8. PLANNING - Bill Webb DNR land lease Other studies: . Noise . Light . Traffic/Parking Western Shore Heritage Services, Inc. is being retained for the Cultural Resources Assessment. City of Bremertoll Bremertoll BoardwalkCity of Bremerton255- 1 896-063 Boardwalk Advisory CommitteeOctober 24, 2006 7 255-1896-063 Meeting Minutes Meeting Minutes (continued) 9. PERMITTING - Joseph Coppo A memo written by Jenny Bailey was included in the packets. This memo explains, in layman's terms, the permitting process. 10. PROJECT ISSUES - Tom Knuckey Issues between this meeting and next: . Width and alignment . Confirming uphill access locations 11. TWO MONTH LOOK AHEAD - Tom Knuckey . More information on Chevron property . No more talk on sewer operations . Width . Alignment Next meeting - Thursday, November 16th at 3:00 p.m. Ci/y of Bremerton Bremer/on BoardwalkCity of Bremerton255- / 896-063 Boardwalk AdvisolY CommitteeOc/ober 24. 2006 8 255-1896-063 Meeting Minutes f":(W~~7';-::~~'''~~'f'r''!'1.l;.~ ).~'.,." ",~.~..~..~~~r.~~~~,'8"''r-~~~~_,jJl:'r~_ (; Q / ~~<-~-::> N--__._ ~-'" """f-, "'" ~, "'~" ..., .. ':'::" -, , . ~"-------~~~'"'-',.. -------'-, I ......'^.I....J ',/ """. #' / , 30'/20' W~lOllE 84,562 S.f. . i g' lY~1'd4 A~ ",. '...... !Y!!. ....,.~ 'i- '--,. ',," ..~ ., '~..".~:!bt\'~1,,_.....,~... ...~~ "..~ .,........ SINCLAIR INLET . ~ '\ ~ ."'.4,...----.;~.. . ~ """"" .'" ............ .'" .. -', . _I, .,./ .- :.. :. ~,~ ~ ~ "~.t~" -- \..,..., . ..~ ~~ ~il'l-'" ." ,'. .", ... ".t.!:$'. iJj....__'___~~f'''-..~'"'- .,~,,,,, '-' ....."...,..-....... IlI'iJ""~ .". ./'.. .. '.... . ,-, ..y..... .~ --, ....... """""'" PlAN ~ ~,() S~l.~ ' ' o~ .,'-...,..... 'fl" \ ....-..___~~":ri-';r"""',lr':1': ../' . /"..... "." ~ .,-" ~ ....~;.~,.. - ".," -.". SINCLAIR INLET ...;;--,-....::. ,"'-' .," .~.., "'.... PROPOSED BOARDWALK T AC PREFERRED Al TERNA fIVE OPTION 6 CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT W~/e;Vl ;fA \'{ler- PUBLIC COMMENT TO THE BREMERTON CITY COUNCIL ON 13 DECEMBER 2006 By Helen Miller, Bremerton GOOD EVENING COUNCIL PRESIDENT McCONNELL AND COUNCIL MEMBERS. I WOULD LIKE TO THANK PRESIDENT McCONNELL AND VICE PRESIDENTARENDS FOR THEIR QUIET, COMPETENT, AND UNASSUMING LEADERSIDP THIS PAST YEAR, A PLEASANT CHANGE FROM THE FLAMBOYANT SHOWY STYLE WE'VE SOMETIMES ENDURED. THE PUBLIC MAY NOT BE AWARE THAT AT THE FIRST MEETING OF THE YEAR THE COUNCIL SELECTS ONE OF THEIR NUMBER TO BE COUNCIL PRESIDENT; AND THE PUBLIC HOPES THAT ALL COUNCIL MEMBERS THINK LONG AND HARD AS TO WHO THEY CHOOSE TO LEAD THEM. BREMERTON IS LIKE A CORPORATION; THE MAYOR IS THE CHIEF EXECUTIVE OFFICER, THE CITY COUNCIL ARE THE BOARD MEMBERS AND THE SHAREHOLDERS ARE THE CITIZENS. WE ALL HAVE A VESTED INTEREST TO SEE THAT THE MOST QUALIFIED PEOPLE ARE IN LEADERSIDP POSITIONS; AND TO SEE THAT THE COUNCIL OPERATES IN AN OPEN, FAIR, AND TRANSPARENT MANNER. SINCE THEY CAN, AND DO, RAISE ALL MANNER OF FEES, TAXES, AND CHARGES WITHOUT OUR KNOWLEDGE, VOTE, OR PERMISSION. AS I SAID, CITIZENS ARE SHAREHOLDERS IN THIS CORPORATION - AND SOME COUNCIL MEMBERS ARE MAKING PROMISES TO INDIVIDUAL COUNCIL MEMBERS WITHOUT THE ENTIRE COUNCIL BEING AWARE OF THESE BACK ROOM DEALS BEING MADE IN EXCHANGE FOR THEIR VOTE FOR THE COUNCIL PRESIDENCY. TRADING PROMISES IN SECRET IS NOT FAIR, OPEN, OR TRANSPARENT GOVERNMENT. IT IS INDEED A VIOLATION OF THE PUBLIC TRUST; AND ANY COUNCIL MEMBER SHOULD HAVE THE DECENCY AND INTEGRITY TO PUT THEIR "GRUBBY" CARDS ON THE TABLE AND INCLUDE ALL COUNCIL MEMBERS IN OPEN DISCUSSION IN THE COUNCIL CONFERENCE ROOM - STATING WHAT THEIR REASONS AND QUALIFICATIONS ARE FOR WANTING TO BE COUNCIL PRESIDENT, AND WHAT THEY CAN DO FOR THE CITIZENS OF BREMERTON. MY QUESTION IS WHY DO SOME OF OUR COUNCIL MEMBERS WANT POWER SO BADLY THAT THEY ARE GOING TO PULL AND "ENRON" ON US. ~~ BILL# {)~-2&7 DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL l/A ......................................................................................., SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: /r:XJ-/'3 ~O~ Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA I~LI ~'i~~ RECOMMENDED MOTION: Move to approve: 1) Check#'s 3/3c;t ('f.: - ~ / ~ 3 ~ 9 EFT's 9.9'0 / -951:2- $ 0/~SZJKs/ $ M 71 / d C;, ::l.--~ , 2) Regular Payroll for /1-- 30 - ()& 3) Retiree Payroll for COUNCIL ACTION: ~rove $ o Deny 0 Table o Continue 0 No Action DATE SUBMITTED: 1;;;"/, /0 (p AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # _DCa - ;).7 0 ~& ........................................................................................ SUBJECT: Minutes of Meeting - 1)ec.ewdoQ;y- 0/ ~ 0 CO Committee Meeting Date: N/A COUNCIL MEETING Date: ~c.e ~ay J 3 , d.oO ~ Department: City Council I Presenter: Cecil McConnell, Council President Phone: (360)473-5280 SUMMARY: Attached are the meeting minutes for the Council Meeting held ~~ VYL Ioer-- G / ::l.e:, 0 &; A TT ACHMENTS: Meeting Minutes for 1)-e c~M.loeA-- ~ /' ~ 0 <;0 FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ,:,e":i~~::~;;,,;I/??:;~~~~~:<:':,~':! ':'<1;:;'/:(:[ RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. l~~()NSENT AGENDA ~ I COUNCIL ACTION: [2J Approve [] Deny 0 Table n Conrinue Lr-I No Action ~-' DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 6, 2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, December 6,2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Adam Brockus, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Reverend Ron Anderson of the Manette Community Church. President McConnell announced that a Study Session to hear presentations on agenda items originally scheduled for review on November 29, 2006 were heard in Council Conference Room 603 beginning at 4:30 PM; followed immediately with a Pre-Council Session to discuss General Council Business. Action on the items discussed at the Study Session will be taken tonight as well as items originally scheduled for action on the cancelled November 29, 2006 Council Meeting. He also announced that Item 7C under GENERAL BUSINESS was postponed until December 20, 2006. MAYOR'S REPORT There was no MAYOR'S REPORT tonight, but Council President McConnell, acting on behalf of the Mayor, attended the Gold Star Banner Ceremony for Fallen Soldiers on Saturday, December 2, 2006 to honor SerQeants Christopher Bunda and Michael Burbank for their courage and love of country, and observed that "We owe a great deal to these two men who without thought oftheir own safety gave their utmost to keep their Country and its people safe..." PUBLIC RECOGNITION & ANNOUNCEMENTS Mike Walton, Marketing Director for the Kitsap Family YMCA, provided a monthly update of the activities taking place at the "Y", including Military Date Night the first Saturday of each month; Military Family Month in November; signups for Youth Instructional Basketball, Power Yoga, Run/Walk Series, and ballet; Teen Late Night every Friday (except during Christmas break); Splash & Jam; and the Christmas Social. CONSENT AGENDA A. Check Numbers 312841 through 313217; and EFT-9359; EFT-9364 through EFT-9400 in the amount of $3,285.088.04; and Regular Payroll in the amount of $689,171.13 for the pay period ending November 15, 2006; and Retiree Payroll in the amount of $79,180.36 for the pay period ending November 30, 2006 (#AB06-257) B. Minutes of Meeting - November 15, 2006 (#AB06-258) C. Purchase of 2 Video Detection Systems from KAR-GOR, INC. for the Tunnel Detour Route (#AB06-261 ) D. Contract between Kitsap County and City of Bremerton for Incarceration of City Prisoners 2007 -2008 (#AB06-262) E. Request by the Parks and Recreation Department to demolish the house at Kitsap Lake Park (#AB06-263) F. 2007 KPS Premium Rates and Underwriting Criteria (#AB06-264) City Council Reg. Mtg. Minutes Wednesday, December 6, 2006 Page 2 of 3 G. Resolution No. 3015, confirming the City of Bremerton's desire to be included in the boundaries of the Kitsap County Public Transportation Benefit Area (#AB06-265) H. Resolution No. 3016, declaring Emergency to Waive Bidding Requirements for Relocation of Municipal Court (#AB06-266) I. Request to hire Managing Engineer at Pay Band 16, Rate 8 (#AB06-267): 05:38:35 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 7A- ORDINANCE NO. 4989, SETTING RATES AND FEES FOR 2007 (#AB06-259): Laura Lyon, Financial Services Director, stated that in conjunction with preparation of the 2007 Proposed Budget, the administration is recommending that certain fees and rates found in Chapter 3.01 Rate Tables be amended. Specifically, Rate Table E - Fire Department proposes rate increases in fire engine and aerial ladder hourly rates that reflect the increase in costs of providing these services; Rate Table F- Parks and Recreation Department establishes a 'Not-to-Exceed' rates to reflect rising costs of various programs; and Rate Table G - Public Works and Utilities permit fee increases reflect the rise in inspection costs. There were no comments from the public. 05:41 :30 M/S/C/U (Arends/) Move to pass Ordinance No. 4989 amending Chapter 3.01 of the Bremerton Municipal Code updating rates and fees for 2007. 7B - ORDINANCE NO. 4990, SETTING UTILITY RATES FOR 2007 (#AB06-260): Phil Williams, Public Works & Utilities Director, explained that the City hired an independent rate consultant in 2004 to conduct a complete rate analysis and Cost of Services Study (COSA). That effort resulted in a three-year recommended package of rate adjustments for the City's three utilities. The first phase of those adjustments was effective on November 1, 2004; the second (phase) was effective on January 1, 2006. After updating and confirming the revenue requirements during this year's budget preparation process it was determined that the scheduled third phase of the rate study recommendations for water and stormwater could be decreased from 20% and 15% respectively, to the required CPI rate of 4.2%. The wastewater rate increase for 2006 already included the second and third phases of the rate study recommendations, so in accordance with BMC 15.06, only a CPI increase of 4.2% is required. Finally, the General Facility charges for all three utilities are increased by 3.5% according to the annual change in the Seattle Construction Index. There were no comments from the public. 05:47:25 M/S/C/U (Brockus/Priest) Move to pass Ordinance No. 4990 adopting the 2007 Utility Rates and General Facilities Charge effective January 1, 2007 and amending Appendix A of Section 15.06.015 of the Bremerton Municipal Code. 7C LEASE AGREEMENT WITH CLJ\REMONT EAST RETIREMENT APARTMENTS (1f!\"B06 ~ Item has been postponed to December 20,2006... PUBLIC HEARINGS 8A - FINAL PUBLIC HEARING ON ORDINANCE NO. 4991 APPROVING ANDADOPTING THE 2007 BUDGET (#AB06-268): Laura Lyon, Financial Services Director explained that the City of Bremerton prepares its budget on an annual basis under the authority granted by Chapter 35.33 RCW. The budget process is designed to meet the operations and service needs of the City by integrating the planning and implementation of City programs and objectives with the allocation City Council Reg. Mtg. Minutes Wednesday, December 6, 2006 Page 3 of 3 and implementation of City programs and objectives with the allocation of resources sufficient to support such services and programs. A preliminary annual budget for fiscal year 2007 has been prepared and filed with the Office of the City Clerk. Public hearings have been held for the purpose of fixing the final City Budget and the City Council has deliberated and made adjustments and changes deemed necessary and proper. President McConnell opened the "Public Hearing"on proposed Ordinance 4991. Sylvia Klatman, on behalf of the Bremerton Chamber of Commerce, thanked the Council for their consideration of the B&O tax exemptions, accepting the funding recommendation of $42,000 to be allocated to the Chamber by the Lodging Tax Advisory Committee, and lastly, thanked the City for their assistance in providing the new location for the Chamber offices at 286 4th Street. President McConnell closed the "Public Hearing" to public comment, and opened to Council... 05:55:15 The Motion was made and seconded, as Council discussion continued... Mr. Maupin, Mr. McConnell, Mr. Gehring, Ms. Robinson, and Mrs. Arends commended Laura Lyon, Finance Director, and her staff for the excellent work they did in presenting a smooth and easy-to- follow process for the Council to study and understand the budget. Mr. Brockus added that there were several issues the Council had hoped to address but were not able to this year including more asphalt for City streets, an extra fireman for Fire Station No.1, and more police officers. 06:02:15 M/S/C/U (Arends/Maupin) Move to approve Ordinance No. 4991 adopting the City of Bremerton 2007 Annual Budget. COUNCIL MEMBER REPORTS Adam Brockus mentioned that his mother recently retired, and expressed to all retirees that Bremerton is a nice place to settle down in, Will Maupin reported on his attendance at the First Friday Art Walk activities last week, including the Tree Lighting event in Manette. He also reported on his attendance at several meetings including the Puget Sound Regional Council (PSRC) Growth Management Policy Board Meeting last Friday, a meeting on Monday to address School Siting, and the Bremerton Housing Authority meeting yesterday where he learned they have a good chance of receiving a $20 million grant for the redevelopment of Westpark. With no further business, President McConnell adjourned the Council Meeting at 6:07 PM. pr~p red and Submitted by: . ~~ , /J ~ '\ A.... i1f7/J I mhc7f~/ ') Le)Ri SMITH L/ Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg