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HomeMy WebLinkAbout01/24/2007 AGENDA I 'w.~ .-"==-J I' 1 1,,1 ~_C~~'~'~~'C~'-;:I [.:~~'f;;5"::2;' ':i FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 * * * AMENDED* * * JANUARY 24, 2007 CITY COUNCIL MEETING AGENDA 1, PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCil CONFERENCE ROOM 603 A. General Council Business B. Presentation on "Purchase of Excess Liability and Excess Workers' Compensation Insurance" - Peggy Lesser, Risk Manager [Action will be taken later on the agenda...] C. 20-Minute EXECUTIVE SESSION on "Potential Litigation" per RCW 42.30.110 (1) (i) 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 (#ABOT-015) B. Minutes of Meeting - January 17, 2007 (#AB07-016) C. Purchase of Excess Liability and Excess Workers' Compensation Insurance (#AB07-017) 5. GENERAL BUSINESS A. Appeal of the Department of Ecology (DOE) Phase II NPDES Permit (#AB07 -018) 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 ch.ange... 1. Tourism Promotion Services Agreement with the Bremerton Area Chamber of Commerce - Paula Johnston, City Clerk 2. Contract Award for Jarstad Aquatic Center Clearstory Window and Skylight Replacement - Jeff Elevado, Parks Department 3. Name Change of "Lions Community Playfield" to "Lions Park" - Wyn Birkenthal, Parks Director 4. Continued the EXECUTIVE SESSION on "Potential Litigation" per RCW 42.30.110 (1) (i) 5. Reclassification of a Firefighter position to a Lieutenant position- Chief AI Duke, Fire Department 6. Appointments of John Ales, David Dinkuhn, Lea Duffy, Kirk Leaf, and Abbey Salmans to the Design Review Board - Mayor Bozeman [There will be no presentation on this item...] 7. Proposed Ordinance to adopt the West Park Sub Area Plan and amend Section 20.80.080 of the Bremerton Municipal Code (Approx. 45 Minutes) - Geoff Wentlandt, Department of Community Development II 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. AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# {J7-Q/S;- LfA DATE SUBMITTED: ..a.............m..aa.....................a.........u.Da..a............a................ SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: 1- ;X c; -() 7 Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMP ACTS (Include Budgeted Amount): APPRO V ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA ISI ; FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~~ ~ RECOMMENDED MOTION: Move to app ove: 1) Check#'s 3/i.f/5'9- 3/Lf 300 EFT's 9Lf// - 9Y~ V $ ~ Lf70)::?/ ~. c2i $ 7/?57s' 03 2) Regular Payroll for / - ( S- - 0 7 3) Retiree Payroll for $ COUNCIL ACTION: ~ove D Deny D Table D Continue D No Action DATESUBMITTED: if I CO /07 AGENDA BILL CITY OF BREMER TON CITY COUNCIL BILL # 07-0/6 '16 .......s................................................................................ SUBJECT: Minutes of Meeting - ~V\ ua..ry /7,:We::. 7 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A I/d-Lf/o7 City Council Will Maupin, Council President (360) 473-5280 Phone: SUMMARY: Attached are the minutes for the Council Meeting held ;::ra VI u atr y 17) :.:2D67. ATTACHMENTS: Minutes for YCA.V1 Ua.Jr7 /71 ;)007 FISCAL IMPACTS (Include Budgeted Amount): 0 APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass tHe Con'~nt Agenda as presented. I CONSENT AGENDA [2] I COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 17, 2007 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, January 17, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Nick Wofford 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 Gehring followed by the invocation provided by Pastor Eric Roberts of New Life Assembly. President Maupin announced that a Pre-Council Session to discuss General Council Business and a 15-Minute Executive Session to discuss "Litigation" per RCW 42.30.110 (1) (i) was held prior to the meeting. MAYOR'S REPORT - There was no MA YOR'S REPORT tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus congratulated Dianne Robinson for being this year's recipient of the "Dr. King Drum Major Award" for excellence and leadership in Kitsap County. President Maupin acknowledged the hard work in the community by Council Member Dianne Robinson. Mike Shepherd announced the next District 5 Community Meeting would be held on Saturday, January 2th beginning at 10:00 AM at the Augustino Cafe located at 1223 McKenzie Avenue across from Evergreen Park. Topics will include Evergreen Park Expansion Project; Sheldon Avenue Improvement; and Boardwalk from Evergreen Park to Downtown Project. Susan Brown expressed her concern that Kitsap Transit has an item on the ballot to increase passenger only ferries before nature has had adequate time to repair the beach and shoreline from the damage of previous passenger only ferries. CONSENT AGENDA A. Check Numbers 313777 through 314158; and EFT-9453 through EFT-9476 in the amount of $2,516,902.34 for the period ending December 31,2006; and Regular Payroll in the amount of $651,473.17 for the pay period ending December 31,2006 (#AB07-006) B. Minutes of Meeting - January 3, 2007 (#AB07 -007) C. Supplement NO.8 to Professional Service Agreement with EXEL TECH CONSULTING, INC. for the Downtown Bremerton Pedestrian/BTC Access Improvement Project (#AB07-008) D. Contract Award to CONSTRUCT COMPANY of "Auto Center Way Improvements: 6th Street to Southbound State Route 3 On-Ramp Project" (#AB07 -009) E. Resolution No. 3020 authorizing the City to receive a State Revolving Fund Loan from the Washington State Department of Ecology for the Bremerton Combined Sewer WWTP Upgrade Project (#AB07 -010) F. Ordinance No. 4995 amending Section 2.46.100 of the Bremerton Municipal Code relating to "Employee Recognition and Awards" (#AB07-011) G. Ordinance No. 4996 amending and restating the City of Bremerton's 457 (b) Deferred Compensation Plan; and dissolving the Deferred Compensation Committee (#AB07 -012) There were no comments from the public. 05:39:44 M/S/C/U (PriesUArends) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, January 17, 2007 Page 2 of 3 GENERAL BUSINESS 6A - ORDINANCE NO. 4997 ANNEXING APPROXIMATELY 84 ACRES IN TRACYTON TO THE CITY OF BREMERTON. AND SETTING AN EFFECTIVE DATE OF FEBRUARY 1.2007 (#AB07- 014): Andrea Spencer, Community Development Director, stated that the City received a petition for annexation of approximately 84-acres in the Tracyton area to the City of Bremerton. All of the requirements for annexation have been met and staff recommends approval of the annexation under the terms and conditions of the proposed ordinance setting an effective date of February 1, 2007 for the annexation. There were no comments from the public. 05:43028 M/S/C/U (Gehring/McConnell) Move to pass Ordinance No. 4997 annexing approximately 84 acres to the City of Bremerton and setting an effective date of February 1, 2007 for the annexation. PUBLIC HEARINGS 7 A - "CLOSED RECORD HEARING" RESOLUTION NO. 3021 APPROVING THE BRANDYWINE FINAL PLAT AND PLANNED UNIT DEVELOPMENT (PUD) FOR 69-UNITS [FILE BP06-001881 (#AB07-012): Nicole Ward, Department of Community Development, explained that the action before City Council is to approve the Brandywine Final Plat and Planned Unit Development (PUD). The Council previously took action on this project by passing Resolution No. 2970 in July 2005 which granted preliminary Plat and PUD approval to divide 9.45 acres on Pine Road, located approximately 200-feet south of Roswell Drive. The applicant has met all of the conditions of the Preliminary Plat and PUD, and therefore the City Engineer and Community Development Director are recommending approval of the Final Plat and PUD. Because this was a closed record hearing, no new public testimony was taken. President MaulJin read the Appearance of Fairness Doctrine and asked that all Council Members should now give consideration as to whether they have 1 )demonstrated bias or prejudice for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue prior to the hearing the facts on the record; or 4) ex-parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council Member should answer in the affirmative, then the Council Member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists. President MaulJin then asked if any member of the public believed any Council Member should excuse themselves due to a conflict with the Appearance of Fairness Doctrine, or for another concern, to please state the reasons now. All Council Members remained seated. There were no comments from the public. 05.:49:35 M/S/C/U (Arends/McConnell) Move to pass Resolution No. 3021 approving the Final Plat and PUD for Brandywine, and authorizing the City Council President to sign the mylar. COUNCIL MEMBER REPORTS Carol Arends enjoyed a week at home due to the snow, but reported that last week she attended the Kitsap Regional Coordinating Council Board Meeting; the Kitsap County Health Board meeting; and a meeting of the Public Works Committee. Dianne Robinson mentioned that she will present an update on the work planned for Anderson Cove to the City Council immediately fOllowing the business meeting tonight. City Council Reg. Mtg. Minutes Wednesday, January 17, 2007 Page 3 of 3 Mike Shepherd reported that he was inspired to get involved with helping youth in our community after attending the "Youth Mentoring Month Kick-Off Event" last Monday. Wendy Priest also congratulated Dianne Robinson for receiving the "Dr. King Drum Major Award", and pointed out to the public that Ms. Robinson not only works hard for the Council and for the Community, but is also a local historian. Adam Brockus acknowledged the great season for the Seattle Seahawks NFL football team. Brad Gehring commented that the City's Police Department and Municipal Court would be moving into their new locations soon. Will Maupin reiterated earlier comments about the number of meetings that were canceled due to the weather and looked forward to everything getting back to "normal". With no further business, President Maupin adjourned the Council Meeting at 6:00 PM. The Council reconvened for a STUDY SESSION in the Council Conference Room to hear an "Update on Anderson Cove" from Council Member Dianne Robinson. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: January 18, 2007 BILL # D7-.0I7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4C ...a..s...a................................................................a....8....... SUBJECT: Purchase of Excess Liability and Excess Workers' Compensation Insurance Committee Meeting Date: j'af1lA(J~.}at> 7 COUNCIL MEETING Date: January 2z[206~ Department: Financial Services Presenter: Peggy Lesser tJJ<. Phone: 473-5302 SUMMARY: Bremerton's excess liability insurance and excess workers' compensation insurance will expire February 1,2007. Risk Management recommendations for replacement coverage are detailed on the handout provided to City Council members ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been included in the 2007 Risk Management Fund budget. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: 1fJ~ 4~ ~~=IDENT: jt)~.p- -u-. RECOMMENDED MOTION: I move that the Brem~n City Council authorize the Risk Manager to purchase excess liability insurance and excess workers' compensation insurance as recommended by the Risk Manager, to be effective February 1, 2007. FISCAL/BUDGET: I CONSENT AGENDA ,q COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ",,;' 2007 EXCESS LIABILITY INSURANCE RENEWAL PROCESS I. Current Situation A. Insured with Illinois Union Insurance Company (ACE) B. $5 million per occurrence limit ofliahility C. $5 million aggregate limit tor Puhlic OtIicials, Employment Liahility, and Law Ent(Jrcement Liability D. $ I 0 million aggregate limit tor General Liability D. $250,000 per occurrence self-insured retention (SIR) E. Cun'ent premium is $227,328 F. Expires 2/1/07 II. Renewal Objectives A. Maintain $5 million per occurrence limit of liability B. Maintain $250,000 self-insured retention but explore the cost trade offs of higher self-insured retentions C. Stay within budgeted 2007 premium of$239,000 (5% increase) III. Renewal Quotes A. Illinois Union has now offered to renew the existing coverage tor $165,798 - a decrease of approximately $61,000. This is approximately $53,000 less than the company's original quote from late last week. The insurer has also agreed to delete some objectionable exclusions (e.g. liability for failure to arrest or detain a person), modify some objectionable conditions (e. g. that claims be handled by a third party administrator) and will include access to an employment practice liability helpline at no cost and with no obligation. Bremerton must agree to adopt and implement a sexual abuse prevention program for which the insurer has agreed to fund $5,000 in consultant fees. B. Genesis Insurance Company - $5 million per occurrence/$1 0 million ag,gregate with a $250,000 self-insured retention - $415,000 C. Munich-American Risk Partners - $5 million per occurrence with $5 million aggregate tor errors and omissions and employment practices and a $250,000 self-insured retention - $240,000. D. Everest National Insurance Company - $5 million per occurrence with a $5 million aggregate on products-completed operations, errors and omissions, employment practice liability, and employee benetit liability with a $250,000 self.insured retention except tor a $500,000 self-insured retention on employment liability - $ I 68,500. " IV. Analysis A. Genesis' premium is much too high B. Munich-American is better but still too high C. Everest National is competitive but requires a $500,000 se\f..insured retention for employment practices liability and costs a bit more than the Illinois Union coverage. V. Recommendation - Purchase excess liability insurance from Illinois Union Insurance Company with a $250,000 self-insured retention and a $5 million per OCCUITence limit. EXCESS WORKERS' COMPENSATION INSURANCE RENEWAL I. Current Situation A. Insured with Safety National Casualty Company B. Statutory limits for workers compensation exposures C. $1 million limit for Employers Liability D. $300,000 per occurrence self-insured retention (SIR) except for USL&H and Maritime which is $750,000 E. Current deposit premium is $23,290, subject to audit F. Policy expires 1/31/06 II. Renewal Objectives A. Maintain $300,000 per occurrence self-insured retention B. Stay within 2007 budget of$24,455 (5% increase) III. Renewal Quote - Safety National will renew our policy at the same rate charged for 2006. The deposit premium will be $23,857, subject to audit for actual hours worked. This is a slight increase over the 2006 deposit premium, due to the increase in the staffing level for 2007. IV. Recommendation - Renew coverage as presently written, subject to a $300,000 self- insured retention, with Safety National Casualty Company. January 2 007 Jf Ae D 7 - (9 I B 5A unicipal Phase II NPDES Permit ASSOCIATION OF WASHINGTON CiTiES Prepared by AWe in consultation with Western and Eastern Washington Stormwater Managers The State of Washington Department of Ecology (DOE) issued a Municipal Stormwater Permit on January 17, 2007, that will affect 101 cities (see list on following page) throughout Washington. Information about the permit, including scheduled workshops, can be found on DOE's website at www.ecy.wa.gov/programs/wq/stormwater/ municipal/index.html. Proposals over the past year to DOE from AWe to help craft this permit towards one that cities can fully support have been met with mixed results. Issues/Status/I m pacts I. Meeting permit requirements in cities with varying levels of Stormwater Management experience and expertise presents a challenge. . DOE is sensitive to this and because the Federal Clean Water Act recognizes that the permit is implemented in stages, DOE is allowing what some consider to be "reasonable" implementation timeframes over the next five years. . Cities that haven't yet done much with stormwater will have the most difficult time meeting requirements and DOE is prepared to work with AWC to provide information and briefings to impacted cities and elected officials. . The permit will likely be appealed by multiple stakeholders. There will be uncertainties associated with trying to meet implementation timelines and obli~tions during the appeal period as the "clock" continues to tick. 2. Meeting Permit Requirements will be COSTLY and ONGOING. . Most of the requirements come as a result of an unfunded Federal Mandate through the Federal Clean Water Act requirements. . Cities can (and most do) establish Stormwater Utilities and commit the revenue to capital and administrative obligations included in the permit. . Requirements, like the redevelopment standards applicable in Western Washington, are being added by the state. There are costs and potential legal liability associated with these provisions that if maintained in the permit, cities will need the state to help cover. Currently the Governor's proposed 2007-2009 Budget includes some funding, but clearly not enough. It also does not address potential legal liability. 3. The Redevelopment Standards, applicable in Western Washington to property already developed, aren't required by the Federal Clean Water Act and burden cities and property owners in Western Washington with significant added costs and potential liability with questionable environmental benefit. . They greatly increase economic development costs. Stormwater system costs would increase up to 1200% for private developments and could be "triggered" by actions such as a small business remodel. . Transportation CIP stormwater system costs could double. Costs would not be apportioned equally across jurisdictions. . Redevelopment of tightly constrained sites may become cost prohibitive due to "forested" conditions analysis requirements (Le., manage run-off as if the site was forested and bare of impervious surfaces, even though it may have been completely paved for years). Such requirements do not take into consideration vested rights, relocation of existing utilities, existing site constraints, and the potential to trigger other requirements such as street frontage improvements that further drive up redevelopment costs. . Beyond new public and private infrastructure requirements, for most jurisdictions this permit will lead to significant programmatic cost increases. Required cost increases will be a result of increased staffing, expanded programs such as system mapping, system cleaning, and monitoring of outfalls. Further, the proposed permit will require extensive annual reporting in the first permit cycle and expensive water quality monitoring in future cycles. Some firefighting programs may even be affected. Association of Washington Cities 0 1076 Franklin St SE 0 Olympia, WA 9850 I . www.awcnet.org continued . They could result in potential property rights takings claims for which local governments in Western Washington will be responsible. The permit will require most jurisdictions to achieve the same stormwater runoff characteristics from developing and redeveloping areas as would be expected from forest lands. . Property owners may decide to abandon redevelopment projects because of added costs - thus thwarting state and local Growth Management efforts to redevelop and intensify uses of urban lands. 4. In tandem with the State's Construction Stormwater Permit (currently under appeal), require duplicative permitting for construction sites greater than an acre by the State and local jurisdictions . DOE is aware of this and is willing to approach the Legislature with ways to "fix" this regulatory overload. . Cities want to help, but don't want to take on added permitting, inspection and liability issues. 5. Requiring Cities to adopt and use DOE's "Advisory" Stormwater Manual which has never been adopted through an official rulemaking process. . Cities choosing not to use it must demonstrate that any alternative results in equal or better stormwater management. For More Information Dave Williams, davew@awcnet.org or 360-754-4137 Tim Gugerty. timg@awcnet.org or 1-800-562-8981 NPDES Phase II - West City of Aberdeen City of Algona City of Anacortes City of Arlington City of Auburn City of Bainbridge Island City of Battle Ground City of Bellevue City of Bellingham City of Black Diamond City of Bonney Lake City of Bothell City of Bremerton City of Brier City of Buckley City of Burien City of Burlington City of Camas City of Centralia City of Clyde Hill City of Covington City of Des Moines City of DuPont City of Duvall City of Edgewood City of Edmonds City of Enumclaw City of Everett City of Federal Way City of Ferndale City of Fife City of Fircrest City of Gig Harbor City of Granite Falls City of Issaquah City of Kelso City of Kenmore City of Kent City of Kirkland City of Lacey City of lake Forest Park City of Lake Stevens City of Lakewood City of longview City of lynnwood City of Maple Valley City of Marysville City of Medina City of Mercer Island City of Mill Creek City of Milton City of Monroe City of Mountlake Terrace City of MountVernon City of Mukilteo City of Newcastle City of Normandy Park City of Oak Harbor City of Olympia City of Orting City of Pacific City of Port Angeles City of Port Orchard City of Poulsbo City of Puyallup City of Redmond City of Renton City of Sammamish City of Sea Tac City of Sedro-Woolley City of Shoreline City of Snohomish Town of Steilacoom City of Sumner City ofTukwila City ofTumwater City of University Place City of Vancouver City ofWashougal City of Woodin vi lie Town of Yarrow Point NPDES Phase 11- East City of Asotin City of Clarkston City of East Wenatchee City of Ellensburg City of Kennewick City of Liberty lake Town of Millwood City of Moses lake City of Pasco City of Pullman City of Richland City of Selah City of Spokane City of Spokane Valley City of Sunnyside City of Union Gap City of Walla Walla City of Wenatchee City of West Richland City of Yakima ASSOCIATION OF WASHINGTON CiTiES 1076 Franklin St SE Olympia,WA 98501 www.awcnet.org