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