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Home My WebLink About04/13/2016 AGENDA i ;Y I'� � ;i i� CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 � Phone (360)473-5280 *** 2^aAMENDED*** APRIL 13, 2016 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation;no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the Council, the items will be placed on the Apri120, 2016 City Council Meeting Agenda. A. NO PRESENTATION PLANNED— The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Confirm Appointment of Jack Edwards to the Lodging Tax Advisory Committee 2. Master Service Agreement, Statement of Work, and Service Contract with CodeSmart for the OCourt System 3. Amend Police Department Authorized Staffing to add a Lieutenant Position and eliminate a Corporal Position , 4. Approval of Joint Powers Agreement with National Joint Powers Alliance 5. Purchase of a 2016 Schwarze A7 Tornado Regenerative Air Street Sweeper from EnviroClean Equipment, Inc. of Gresham, Oregon 6. Ordinance to amend Section 15.06.030(a)(2) of the Bremerton Municipal Code (BMC) entitled "Temporary/Construction Water Meters" 7. Sole Source Purchase of two Flygt Dry-Pit Submersible Pumps from Whitney Equipment for Pump Station CE-4 8. Goods & Services Agreements for purchase of 1)the 2000 Road Bridge from Rapid-Span Structures; and 2) the 3000 Road Bridge#2 from Big-R Bridge to be installed at the Watershed 9. Contract Award to Coatings Unlimited for"Reservoir 16— Exterior Coating Replacement Project" 10. Letter to Kitsap Regional Coordinating Council (KRCC) to Acknowledge Obligations Associated with Federal Funding B. BRIEFINGS � FULL PRESENTATIONS 11. Resolution authorizing an Application to the Washington State Recreation 8 Conservation Office for a Washington Wildlife 8� Recreation Program Local Parks Grant to Renovate Manette Playfield 12. Resolution authorizing an Application to the Washington State Recreation & Conservation Office for a Youth Athletic Facilities Grant to Renovate Manette Playfield 13. Resolution authorizing an Application to the National Recreation & Parks Association for a Great Urban Parks Campaign Grant to Renovate Manette Playfield 14. 2016 Budget Adjustment for Harborside Fountain Upgrades C. EXECUTIVE SESSION 0 15-Minutes to discuss Potential Litigation per RCW 42.30.110(1)(i) Action is anticipated... D. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (4/05/16 Meeting)—Chair Greg Wheeler o Cancelled o Other General Council Business (As necessary...) E. ADJOURNMENT OF STUDY SESSION � Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at(360) 473-5323 at least 24 hours prior to the Council meeting. �� Move to; Authorize the City Attorney to finalize and execute the tolling agreement between the City and Cascade Natural Gas Corporation, relating to the superfund site located on the south shore of the Port Washington Narrows at Pennsylvania Avenue, with substantially the same terms and conditions as presented. TOLLING AGREEMENT This TOLLING AGREEMENT ("Agreement"), effective as of April _, 2016, is made and entered into by and between CITY OF BREMERTON, a Washington municipal corporation (the "City"), and CASCADE NATURAL GAS CORPORATION, a Washington corporation ("Cascade"). Recitals A. WHEREAS, the parties assert they may have claims against one another ("Claims") for environmental contamination at and around the location of a former manufactured gas plant ("MGP") once operated on real property and beachfront ori the south shore of Port Washington Narrows between Thompson Drive and Pennsylvania Avenue in Bretrierton, Washington (the"MGP Site"). B. WHEREAS, absent this Agreement, the parties could commence litigation against one another to prosecute the Claims. C. WHEREAS, the parties wish to avoid the expense and burden of litigation at this time and allow an opportunity for the parties to attempt to resolve the Claims through negotiation. . NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: Agreement 1. Tollin Pg eriod. The parties hereby stipulate that all statutes of limitations and other legal or equitable limitations periods, whether,statutory, common law, or otherwise that apply to the Claims, shall be suspended and tolled from the effective date of this Agreement until this Agreement is terminated pursuant to.Section 2 (the "Tolling Period"). The Tolling Period shall not be included in computing the time limited by any statute of limitation or other legal or equitable limitation period applicable to the Claims. No party shall assert, plead, or raise against the other party in any fashion, whether,by answer, motion, or otherwise, any defense based on ` the running of any statute of limitation or other legal or equitable limitation period that applies to the Claims, during or as a result of the Tolling Period. Further, no party shall f le suit or otherwise commence litigation against the other party concerning any of the Claims during the Tolling Period. 2. Termination. This Agreement may be terminated by any party at any time by delivering written notice of termiriation to the other party. The effective date of termination shall be the day that is thirty(30) days after the notice of termination is delivered to the other party. 3. No Admission. Nothing in this Agreemeiit shall constitute an admission of fact, responsibility, fault, or liability of any kind, or constitute a waiver or limitation of any legal claim or defense available to any party. This Agreement shall not be offered into evidence or used by any party iu any judicial proceeding for any purpose except an action to enforce terms of, or for damage for breach of, this Agreement. 4. Confidentialitv. Except as required by law, the parties shall not disclose this Agreement to any third party, other than the parties' affiliates and their respective insurers, officers, directors, attorneys, experts,or agents. 5. Notices. All notices regarding this Agreement shall be in writing, shall be directed to the persons and addresses set forth in this Section, and shall be deemed duly given: (a) when personally delivered to the other party; or (b) two (2) business days after being posted by certified or registered mail. All notices shall be delivered as addressed below. Any party may change its authorized representative and address upon written notice to the other party. To the City: Roger A. Lubovich City of Bremerton Norm Dicks Government Center 345 - 6th Street, Suite 600 Bremerton,WA 98337 To Cascade: c/o Daniel S. Kuntz MDU Resources Group, Inc. P.O. Box 5650 1200 West Century Avenue Bismarck,ND 58506-5650 6. Governing Law and Venue; Interpretation. This Agreement is to be construed in accordance with the laws of Washington and all proceedings to interpret or enforce this Agreement shall be brought in a court of competent jurisdiction in Kitsap County, Washington. In any action between the parties to interpret or enforce any of the terms and conditions of this Agreement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including those incurred at trial or on appeal. No adverse interpretation shall be applied against any party for drafting any portion of this Agreement. 7. Amendment. This Agreement may not be changed, modified, or amended except by writing signed by all parties. 8. Successors� Assi ng,�ment. This Agreement shall be binding on, and inure to the benefit of, the parties and their respective successors and assigns, and their respective affiliates, subsidiaries, parents, and related companies. No party may assign its rights or obligations under this Agreement without the consent of the other party, which consent may be withheld in the sole discretion of such party. 9. Unenforceable Provisions. If any provision of this Agreement is invalid, illegal, or unenforceable, such provision shall be considered severed from the rest of this Agreement and the remaining provisions shall continue in full force and effect as if the invalid provision had not been included. . 'f 10. Authority to Execute. Each person executing this Agreement represents and warrants that he or she is fully authorized to execute this Agreement on behalf of the party he or she represents. 11. Counterparts. This Agreement may be executed in counterparts, and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all parties, and each such counterpart, upon execution and � delivery, shall be deemed a complcte original, binding on the parties. An email copy of an original signature shall be deemed to have the same force and effect as the original signature. IN WITNESS WHEREOF, the parties hereby execute this Agreement. CITY OF BREMERTON, a Washington municipal corporation By: Printed Name: Title: CASCADE NATgJRAL GAS CORPORATION, a Washington corporation By: Printed Name: Title: PUBLIC WORKS COMMITTEE MEETING APRIL 5, 2016 Called to order at 4:32 pm by Councilmember Greg Wheeler Attendees: Councilmember Wheeler, Chair; Councilmember Davis, Vice Chair; Councilmember Huddy; Public Works Director Chal Martin; Public Works Administrative Division Manager Milenka Hawkins-Bates; Finance Director Cathy Johnson; Utility Operations Manager Wayne Hamilton; Water Resources Division Manager Kathleen Cahall; AD Financial Services Mike Riley; WWTP Manager Pat Coxon; City Engineer Tom Knuckey; Utility Billing Supervisor Ann Finnegan; Steve Rice, Rice Fergus Miller; Dean Kelly, Rice Fergus Miller; Downtown eremerton Association President Michael Goodnow, Downtown Business Owner Carlos Jara and minutes by Office Assistant Senior Hillary Hamilton. General Issues 1. Downtown Business Owner Carlos Jara and Downtown Business Association President Michael Goodnow presented two (2) proposals. First proposal: additional parking on Burwell between Pacific and Washington. Currently there are twelve to thirteen (12-13) parking spaces on the North side of Burwell and the parking is limited to one (1) hour while the South side has no parking. Their proposal is to add eleven (11) parking spaces on the South side of Burwell and adjust the parking time to reflect three (3) hour parking. Finance Director Cathy Johnson mentioned that there is a parking study in process and Finance is reviewing proposals for a parking plan. Second proposal: Install flashing pedestrian signs that are solar powered to help with pedestrian safety. Two intersections they had in mind were 2"d Street x Washington Avenue and 4th St x Washington Avenue. Carlos will e-mail the presentation he had to committee members. 2. Steve Rice and Dean Kelly with Rice Fergus Miller presented an idea that the 4"' St Action Group created to preserve trees on 4ih St while bringing more business to downtown Bremerton. The proposal is to have two (2) way traffic on the eastern half of 4th St and continue to have one (1) way traffic on the western half, pedestrian only traffic at night and have commercial only buildings while converting others to business on the bottom and residential on the top all while preserving a majority of the trees. 3. Greg Wheeler, Billing Supervisor Ann Finnegan and Milenka Hawkins-Bates were approached by Amy Roszak, President/Acting Treasurer Congregation Beth Hatikvah in regards to reducing the Congregations water/sewer/storm bill. Per Amy's e-mail, the Congregation would like to be classified as a multi-family unit to reduce rates since they have little to no consumption. Currently they are classified as a Commercial 1; the City of Bremerton policy is to go by what the building(s) are classified at. Per Ann,there are two hundred and two (202) Commercial 1 accounts that have 0-1 hundred cubic feet (HCF). 4. The City of Bremerton was approached by Verizon Wireless to implement a Small Cell Program. This program consists of a Master Lease Agreement and streamlined permitting process, whereby Verizon would install small cells on light poles and traffic signals. Milenka Hawkins-Bates provided a few graphics. Phase 1 — Main Roads, site count of 35; Phase 2 — Secondary Roads, site count 42 and Phase 3 — Neighborhoods, site count 20. Currently other jurisdictions have cut deals with Verizon already. Public Works Comm�ttee Meetmg 4/,`�i/1 fi 1 5. Pat Coxon and Milenka Hawkins-Bates discussed the purchase of two (2) bridges for Forestry, which will be installed in the watershed to meet DNR (Department of Natural Resources) RMAPS (Road Maintenance & Abandonment Plan) requirements. A request for bids was sent out March 11, 2016 and eight (8) proposals in total were received. Rapid-Span Structures was the lowest proposal for the 2000 RD bridge at $69,624.52 and Big-R Bridge was the lowest proposal for the 3000 RD bridge at $60,552.42 (both prices include freight and tax). 6. Pat Coxon discussed the Sole Source purchase of two (2) Flygt dry-pit submersible pumps from Whitney Equipment for Pump Station CE-4. The two (2) existing Dresser Pumps were installed in 1989 and have reached the end of their useful life.This pump purchase is budgeted through the Wastewater CIP, and has a budgeted amount of$400,000. The total cost for the purchase of two (2) new Flygt dry-pit submersible pumps is$184,723.53 which includes tax and freight. 7. Kathleen Cahall briefly discussed the Mayor's Water Challenge. The National Mayor's Challenge for water conservation is an outreach campaign for environmental awareness put on by Wyland Foundation and runs from April 15t—April 30t''. The City of Bremerton is currently in 15Y place. 8. Kathleen provided a handout and discussed climate change in the Puget Sound area and the potential effects for the City of Bremerton Utilities. The Bremerton Water Utility is partnering with EPA and its Climate Resilience Evaluation and Awareness Tool (CREAT)through 2016. 9. Wayne Hamilton briefly discussed an ordinance revision for temporary construction water meters. Temporary/construction water meters are limited to six (6) month duration currently, but with the ordinance revision that figure would change to twelve (12). The twelve (12) month limitation allows for billing meter calibration and yearly testing of backflow prevention devices. If the applicant requires longer than twelve (12) months, they must reapply. Study Session April 13, 2016. 10. The City was approached by the Health District to look into sewer service in the Enetai area due to failing septic systems. Per Tom Knuckey, there are quite a few septic failures on NE Franklin St and a couple on NE Wyoming St. No path forward,just informational at this time. 11. Reservoir 16 bids — recommendation to go to 2"d low bidder. Per Tom Knuckey, a requirement for all bidders was to have three (3) projects of similar scope completed. Five Star was the low bidder but due to them not meeting the requirement, their bid was rejected. 2"d low bidder is Coatings Unlimited. Study Session April 13, 2016. 12. Tom Knuckey provided two (2) handouts and discussed the ADA Transition Plan process. AI King with King Technologics, PLLC created the ADA Transition Plan Background Report. The goal is to have the Transition Plan adopted by the City Council in December 2016. 13. Tom Knuckey provided a graphic and briefly discussed Callow Ave/6th St Crosswalk upgrade.This project is part of the Highway Safety Improvement Project. Consultant is working on the design. Bid in July, completed end of the year 2016. Pubhc Worlcs Comm�ttcc Meeting 1/5/16 2 General Issues continued 14. Chal Martin briefly discussed three (3) grant applications. First: 1.9 million request for Warren Avenue Bridge (wider sidewalks). Second: $750,000 to overlay parts of 6`h Street between Callow Ave & Pacific Ave.Third: One (1) million dollars to upgrade signal system. 15. An issue with the signal at 6th and Warren was reported to Greg Wheeler by a business owner. In the afternoon/mid-day it seems like everybody is sitting at the traffic light and nobody is moving. Chal Martin will have our Electronics Division look into this. 16. Tom Knuckey discussed securing easements to relocate obstructions for ADA Compliance. The City has estimated six hundred (600) easements to secure just for utility poles, and spent several months last year (2015) trying to get four (4) and at present only have one (1). Engineering will coordinate with Legal to develop a procedure that will include condemnation for easements. More information to come. 17. Tom Knuckey updated the committee on a meeting he had with Waste Management on April 4, 2016. Currently there is $750,000 in unpaid charges. Waste Management intends to revise the content of their letters to follow their standard format used statewide. The intent is to begin sending the new letters in early June. Study Session May 11, 2016. Capital Prolects There was not enough time to go through items 1-15. Chal Martin stated that all projects are "ok" and if anything changes, they can be discussed at the meeting in May. Meeting adjourned at 8:05 pm Next meeting on Tuesday, May 3, 2016 Pubhc Worlcs Committee Meeting 4/5/16 3