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HomeMy WebLinkAbout05/28/97 TAPE #1466 CITY COUNCIL MEETING MINUTES MAY 28, 1997 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 28, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, John Law, And Al Colvin. Council members Sherril Huff-Menees and Cecil McConnell were absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Randal Wilkinson of St. Paul's Episcopal Church. President Farr announced the City Council will hold a Study Session on Monday, June 2, 1997, 5:30 - 7:30 P.M., in the Council Conference Room. Topics of discussion: Sinclair Landing Association Update; Charleston Neighborhood Plan; Economic Development Council Campaign Office. CONSENT AGENDA A. Minutes of Meeting -- May 14, 1997 #AB97-109 B. Single Source Purchase of a Fairway Mower and #AB97-110 Triplex Greens Mower for Gold Mountain Golf Course #0042 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0064 M/S/C/U(Colvin/Montgomery) on May 28, 1997, the Council does approve for payment those vouchers included and further described as follows:209205 through 209293 in the amount of $305,329.28; and Retirees Payroll for the period ending May 31, 1997, in the amount of $95,772.22. COUNCIL MEMBER REPORTS Mr. Winters reported he and his son enjoyed the cruise on the USS Nimitz on May 24. Captain Richardson and the Nimitz crew did their best to provide a very enjoyable day and show the magnitude of the Nimitz and what it represents. He extended a special "thank you" to the members of the AD Hoc Telecommunications Advisory committee TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 2 of 11 (Dr. John Richardson, Councilman Carlos Montgomery, Derek Lyons, David Greenlow, Floyd Bright, Klaus Golombek, Gerard Fitzpatrick, John Stockwell and Donna Burke), for sharing their expertise on that committee . Over 40 hours of volunteer effort were put in to the development of a proposed Telecommunications Ordinance that the Committee feels is best for the City. The Committee was somewhat disappointed that the City Attorney was not available to provide the legal review requested in order to meet the Committee's May 28th deadline. He and Councilman Montgomery will be meeting with Mayor Horton to discuss the Committee developed ordinance. Mr. Montgomery reported he had the opportunity to attend three different Memorial Day services on May 26, i.e. Retsil, Forest Lawn Cemetery and Ivy Green Cemetery. He complimented the Parks Department for the beautiful condition of the grounds at Ivy Green Cemetery. He announced Olympic College has named a new President, who will take over the leadership of the College on August 4, 1997. Mr. Law congratulated Council's Legislative Assistant Merilynn Erhart and her husband on their 37th Wedding Anniversary. Mr. Colvin reported recently he was "surfing" the Internet and came across information about Keri McCallum, who was raised in Port Orchard and is a bulldog freshman in the Southeast Conference and qualified for the All South Region Conference with a batting average of 427. He extended congratulations to Ms. McCallum and her family, who he has known for many years. He thanked the citizens for sharing opinions, concerns and complaints with him as he appreciates receiving all kinds of input from his constituents. Mr. Farr stated it was good to be back in Bremerton after visiting North Dakota for two weeks. He also extended his thanks to the Captain and crew of the USS Nimitz for their hospitality on the May 24 cruise. During his time in North Dakota, he had the opportunity to visit Grand Forks where he viewed firsthand the devastation brought about by the flooding of the Red River. That community is about the same size as Bremerton and as he traveled down residential streets their planting strips were heaped with 6-8 foot high piles of debris that had to be removed from their homes due to flood damage. That city also had undertaken renovation of their downtown area including restoration of historical buildings, which was totally destroyed by the flood waters. In reading their local newspapers, he learned that the Grand Forks City Council will be responsible for making the final decisions where the rebuilding can occur and will involve interfacing the new plans for the diversion of the Red River and the dike and levy systems. A large portion of that community's residents and businesses lives are on hold pending decisions by the City Council, who are waiting for information from TAPE #1466 city Council Reg. Mtg. Minutes May 28, 1997 Page 3 of 11 other governmental agencies. In his travels, he met a Community Development Director from East Grand Forks, Minnesota, who was volunteering to help the Grand Forks community rebuild in their planning, and in her capacity held the offices of Planning Director, Building Official, Building Inspector and clerical staff. MAYOR,S REPORT Mayor Lynn Horton reported today she met with Puget Sound Naval Shipyard Commander Captain Baugh, who provided her with an update on construction projects within the shipyard. It appears the Olympic Lodge, the replacement of the Officers Club, is expected to open in August-September time frame. Captain Baugh also shared the fact they are looking into cost effective ways to enhance the visual impact of the shipyard, i.e. landscaping that would blend with what the City will be proposing for the Gateway project and the sinclair Landing project. She greatly appreciates the shipyard's desire to forge greater bonds with the city. Mayor Horton announced a Fund Raising Spaghetti Dinner will be held at the Bremerton High School on May 29, 5:30 - 7:30 P.M., with the proceeds going towards medical expenses of retiring teacher Al Smith's son, who is being treated for leukemia. Mayor Horton read the following Proclamations: (1) JUNE 1997 as HIRE A VETERAN MONTH, which was accepted by Dennis Maddox, Veterans Employment Representative/Bremerton Job Service Center/Employment Security Department. Mayor Horton thanked Jim Spencer, Parks and Recreation Director and Parks Department staff for the work that has been done at Ivy Green Cemetery. Earlier in the year, the City received some criticism about the lack of maintenance at the cemetery and she was pleased to report the City responded in a positive manner and the community can enjoy the results of that effort. Ray Wiggs, Bremerton Fire Prevention Officer, gave an overview of his training and involvement with the "Learn Not To Burn Champion" fire safety program that is being introduced into elementary schools. With the help of the Naval Avenue School Principal Ed Dubord and teacher Jenny Munger, who recruited 13 teachers including the School Librarian, the program was introduced to approximately 375 students from the Pre-School to 3rd grade levels. In recognition of the cooperation and assistance given by the Naval Avenue teaching staff and Principal, Officer Wiggs presented a plaque which read: "PARTNERS IN FIRE SAFETY EDUCATION IN RECOGNITION AND APPRECIATION TO NAVAL AVENUE ELEMENTARY TEACHERS - PRE-SCHOOL THROUGH 3RD GRADE AND LIBRARIAN - FOR SUCCESSFULLY COMPLETING THE "LEARN NOT TO BURN FIRE SAFETY PROGRAM" FOR SCHOOL YEAR 1996-1997." Naval Avenue School Principal Ed Dubord, TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 4 of 11 Jenny Munger and the School Librarian accepted the plaque on behalf of everyone involved with the fire safety program. PUBLIC RECOGNITION Don Atkinson announced that Seahawk player Warren Moon will be speaking on the new proposed football stadium in Seattle at the Bremerton Athletic Roundtable on June 4, 6:00 P.M., at the Ail Star Lanes in Silverdale. He also announced the Unity Church, located on Trenton Avenue will be celebrating "Circulation Day", a garage sale type event, on May 31, 9:00 - 4:00 P.M. Richard Chrisinger, part time resident of Bremerton and Springfield, Missouri, read a letter he prepared and sent to Senators and Congressmen regarding the retention of the "Mighty MO" on the mainland. He feels strongly that if the decommissioned USS Missouri is moored in Hawaii, the majority of U.S. citizens will not have the opportunity to tour it as a historical monument, due to financial constraints of families across the mainland. He encouraged others to write their Senators and Congressmen to voice their opinion on this issue. Roy McInnis, Bremerton resident, expressed his hope that the Bremerton community will never experience the kind of racial tension as that experienced in the city of Tacoma. On two occasions he has had the opportunity to sit in on meetings between members of the community, City of Tacoma elected officials and Department Heads in an attempt to address racial issues within that community. Philip Heggen, Bremerton resident, expressed his opinion that if the City of Bremerton fluoridates the City's water system they are obligated to warn susceptible subsets of the population, who may be adversely affected by fluoride. Carol Atkinson, Bremerton Main Street Association, reported due to weather conditions they were unable to install the inscribed bricks and granite blocks on the boardwalk last week as previously announced. Del Knauss, Bremerton resident, raised the following questions: (1) In the near future is anything going to be done to allow recycling businesses to issue receipts to the residents proving they recycled and deduct recycle charges from their garbage bill? (He cited County residents are allowed such an option under their recycling program.) (2) The City is currently tearing up the roadway at the entryway into Bremerton (Farragut and Callow)...is this being coordinated with the Gateway project? TAPE #1466 city Council Reg. Mtg. Minutes May 28, 1997 Page 5 of 11 (3) Gorst sewer problems...if the City agrees to tie Gorst into our sewer plant what, if any, will it cost City residents? And, how much capacity does the sewer plant have left? Does the City have a projected date for when an additional sewer plant may be needed? (4) Bremerton sewer plant upgrades for odor control...What has the total cost been to upgrade the plant, including consultants' fees, condemnation fees, purchase of the land for an odor easement zone, and attorneys' fees. (5) Is it true that start up equipment is going to cost between $150- 200,000 to fluoridate the City's water system? If not, what is the start up cost? Mr. Knauss read the newspaper article about the possibility of the City acquiring the Illahee Trust lands. Back in 1991, the Kitsap County Commissioners were nominating open space that they could purchase out of fees they collect from the City; however the Illahee Trust lands did not get selected. He passed onto the Mayor a book that lists everything about the Illahee Trust lands, which was part of that open space consideration. Lastly, during the fluoridation hearing it was evident that a City Council member made it very "personal" from the podium when he attacked the anti- fluoridation group about the manner in which they were gathering signatures on petitions and tied them into the Anderson Creek group. 7A - PARKING LEASE AGREEMENT WITH DOCTORS CLINICt #AB97-111 The Doctors Clinic has requested a 10-year lease for 75 spaces in the City Garage. The garage is currently at approximately 55% occupance and has 291 total spaces. Kathleen McCluskey, Director Of Administrative Services, stated the proposed lease for parking spaces coincides with the lease the Doctors Clinic has entered into for their office space located on 4th Street. This lease will leave approximately 50+ spaces available in the garage, and according to Diamond Parking there are several hundred available parking spaces throughout the downtown area. The City is pleased to have the Doctors Clinic's Administrative staff locate in the downtown area. Public comment - none. Mr. Winters asked the total amount of revenue that will be generated to the City minus the cost of administration and security? Ms. McCluskey stated the annual revenue in years 1-2 will be $18,000 less approximately 15%, which would be paid to the City's contractor as well as some State taxes; in years 3-4 the TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 6 of 11 amount goes up to $22,000; and years 5 and up will be based on the current market rate less the discount provided for group rentals. Mr. Winters questioned if the City will continue contracting with Diamond Parking during years 3-4 of this lease and will they continue to receive 15% or higher? Ms. McCluskey stated they may or may not be the contractor; however, the 15% rate has been in place for a number of years. If the City had a problem with that percentage, a decision to go out for bid may be made. It is her hope that the parking revenue will go up as more spaces are filled and then Diamond's receives added revenue; however the percentage does not increase. Mr. Winters congratulated the Mayor and staff for their effort in working out details so that this group could relocate to the downtown area. Mr. Overson questioned the type of termination clause used in this contract? Ms. McCluskey stated the proposed contract has the same termination potential as the company's office lease - eight years. Mr. Overson pointed out as the lease is written the City cannot terminate the lease. Ms. McCluskey stated Mr. Overson was correct; however, there is a clause that states if they reduce the number of spaces, the price will go Upo The proposed price is based on leasing 75 parking spaces° President Farr questioned why the City would pay the full 15% to the management company when some of the workload will be reduced? Ms. McCluskey stated that issue was discussed. The monthly passes for parking in the city garage are sold at City Hall as well as by Diamond Parking. She emphasized management of the garage is more than just collecting fees and involves making sure adequate spaces are available, to control the garage, maintain the garage and provide security service. The City did not feel a reduction of percentage was appropriate in this instance. Also, the City uses some of the parking facilities on the waterfront and in the garage as trade stimulators to bring in people into the City for festivals, which does have an affect on the percentage collected by the contractor. Mr. Winters questioned who funds the security for the parking garage? Ms. McCluskey explained the City through its contract with Diamond Parking; however, Diamond contracts out that service. #1433 M/S/C/U(Colvin/Montgomery) to approve 10-year lease with Doctors Clinic for 75 parking space in the City' Garage. 7B - CABLE FRANCHISE CONSULTANT AGREEMENTt #AB97-112 The City hired MuniCom to negotiate the TCI and Falcon Cable franchises. The TCI negotiations have taken longer than expected, and will exceed the original compensation estimate of $115,600. The attached addendum extends the contract to 3/31/98, and TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 7 of 11 increases compensation not to exceed $10,000. We are very close to completion of TCI negotiations and hope to have a contract before you within the next 60 days. Because the Falcon franchise covers a very small population (less than 100 homes) we expect to complete those negotiations over a period of a few months. TCI has agreed to payment to the City of the $5,000 application fee and reimburse $15,000 of the consultant fee costs from the .21 pass-through. There is no budget adjustment necessary. Kathleen McCluskey, Director of Administrative Services, stated she expects the cost for the consultant will be lower than $10,000 and more in the range of $6,000; however, she requested the full amount so that she would not have to come back to Council, if the contract negotiations ran the full year. She anticipates the TCI franchise negotiations will be completed within a couple of months, but was not sure how long it will take to complete negotiations with Falcon Cable T.V. A budget adjustment was not necessary since there are enough funds budgeted for Professional Services and combined with the $20,000 that TCI has tentatively agreed to it will more than cover what she expects for the remaining costs. Public comment - none. Mr. Winters questioned the name of the first consultants hired by the City to handle the franchise negotiations, how long did the City use their service and what was the cost to the City? Ms. McCluskey stated 3H Cable Consultants were used for slightly less than one year and completed Phase I and II of their contract, which was the original RFP and involved some community surveys. The cost of that service was $8-10,000. Mr. Winters questioned the number of staff hours attributed to franchise negotiations? Ms. McCluskey stated it amounts to a significant number of hours. Mr. Winters stated he was concerned that the City has already gone through one consultant and Council was being asked to extend another consultant's contract yet it is anticipated the franchise will be wrapped up in two months. He found it interesting that the City had to spend approximately $30,000 in consulting to negotiate with TCI when they turn around and pass it through to the ratepayers again so that the City doesn't have to pay the full consulting fee. In his opinion, City staff have the expertise to conclude the negotiations without having to extend the consultant contract. Ms. McCluskey emphasized the importance of having a consultant available during the final negotiation' process since City staff does not have the technical expertise in the Telecommunications Act, FCC Rules, etc.. The consultant has provided the technical expertise to assure the City gets a decent contract. If the City ends up paying the full $30-35,000 for the consultant, it is not out of line for services received in the development of a 10-year franchise. She believes changing consultants was a benefit to the TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 8 of 11 ratepayers. Mr. Colvin questioned the ratio of consultant fees to the revenue generated? Ms. McCluskey explained revenue generated from cable television franchise fees is approximately $250,000 per year over the life of the contract, and the cost of consulting service would be approximately $30,000. #2053 M/S/C(Montgomery/Colvin) to approve contract addendum with MuniCom. Vote on motion: In Favor: Montgomery, Neville, Farr, overson, Law, Colvin Opposed: Winters Motion carried. 7C - INTERLOCAL DRUG TASK FORCE AGREEMENT, #AB97-113 This agreement is renewal of the Interlocal Drug Task Force Agreement and its duration is three years. The effective dates for this Agreement are July 1, 1997 through June 30, 2000, but it may be reviewed annually by mutual agreement of the parties.s There is no change to the City of Bremerton's contribution. Police chief Paul Du Fresne pointed out the significant change to this agreement over the past agreement was the term of the contract from one year to three. He noted the legalities of having to renew the contract annually was reviewed and determined that it would not have any adverse affects by extending it to three years. He also noted the agreement no longer included Jefferson County. Public comment - none. Mr. Neville stated from the information Council received, the history of this unit is it is a well run organization that is working well and making a difference in the participating communities° Mr. Colvin questioned the City's contribution to the Task Force? Chief Du Fresne explained the City provides one Police Officer and his necessary support of wages and benefits. #2155 M/S/C/U(Neville/Montgomery) to authorize execution of this Interlocal Drug Task Force Agreement. 7D - BID AWARD AND BUDGET ADJUSTMENT FOR SENIOR CENTER HVAC SYSTEM, #AB97-114 A call for bids was prepared with two bids being received in accordance with established procedures for removal/disposal of the existing furnace and installation of new HVAC units at the Bremerton Senior Center. The low bidder was Western Furnaces with TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 9 of 11 a bid of $17,555.44, including WSST. The low bid is in excess of the amount budgeted for this project, and necessitates a budget adjustment to move appropriations from other projects which have excess expenditure authority. Jim Spencer, Parks and Recreation Director, stated this proposal would eliminate problems with the existing furnace system, which has been inadequate for a long time, and will provide an air conditioning system that will be of great benefit during the summer months. Public comment - none. Mr. Law stated the proposed improvements are much needed and the patrons of the Senior Center will welcome the warmth in the winter and cooling in the summer. Mr. Neville questioned the life expectancy of the Senior Center? Mr. Spencer stated he could see it being useful to the City for 10+ years. Mr. Neville questioned if there were any immediate plans to move the Senior Center to a different location? Mr. spencer stated he felt there was a good possibility that the Senior Center could be moved due to the need for a larger space to carry out the Senior Program; however, that building would provide opportunities for other program, such as a pre-school. He emphasized the City would benefit from the money invested in the proposed improvements for quite some time. Mr. Winters brought up the issue of the City doing business locally and asked who bid on this project? Mr. Spencer explained bids were received from Western Furnace of Tacoma and Rays HVAC of Bremerton. Mr. Winters asked if the project included the development of specifications for the bid? Mr. Spencer stated yes. Mr. Winters, stated he believes the City wants to do business locally; however, if there is a difference in cost estimates, the City must go with the firm where the taxpayers will save the most money. #2651 M/S/C/U(Law/Colvin) to award this contract to Western Furnaces as low bidder and to authorize the Mayor to execute the same subject to city Policies and Procedures. #2685 M/S/C/U(Law/Colvin) to approve Budget Adjustment No. 97-11. 7E - BUDGET ADJUSTMENT FOR $30,000 TO REPLACE USED 10-YARD TANDEM DUMP TRUCK, #AB97-115 The Street Section of Public Works is in need of purchasing a replacement 10-yard Tandem Dump Truck to provide more efficient operation. The money for this purchase currently resides in the Equipment Rental Reserve Account as excess reserve. TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 10 of 11 Bob Tulp, Public Works Operations Manager, stated this proposal identifies funding out of the Rental Reserve Fund 510 and is not tied to a piece of equipment. This purchase would replacement a previously owned 10-yard tandem dump truck. He noted the replacement would be a used truck rather than a new truck. Public comment - none. Mr. Overson asked if Mr. Tulp felt he could purchase a used vehicle that would fit into the Equipment Rental Reserve and have the savings as identified? Mr. Tulp stated yes. #2811 M/S/C/U(Montgomery/Colvin) to release $30,000 held in reserve from the Equipment Rental Reserve Account to Public Works Street Section budget for purchase of 10-yard Tandem Dump Truck. 8A - PUBLIC HEARING ON RESOLUTION #2601, REGARDING RECOVERY OF FEE~ FOR THE REMOVAL OF GARBAGE AND DEBRIS ON THE PROPERTIES LOCATED AT 60 AND 2230 SCHLEY WAY, ~AB97-116 On 4/22/97, the City removed garbage and debris from the properties located at 60 and 2230 Schley Way, after the owner, Timothy Duffey, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $929.30. Council must now decide if the fees are just and reasonable. Judy Johnson, Building Development Permit Manager, stated the City started on this clean up in January with letters being sent to the owner in January, February and March; however, none of them were received by the owner. The property was posted on March 21, 1997 and on April 22 and 23 the Public Works Department carried out the removal of debris. Public comment - none. Mr. Law asked when would the City start charging the $600 Administrative Fee for abatements? Ms. Johnson explained that fee would be charged for abatements that were started after the ordinance implementing that fee become effective. Any abatements started prior to that effective date would not be charged that fee. Mr. Colvin asked if there was some way to display the pictures of abatements so that the public is aware 6f the kinds of conditions being cleaned up by the City? Ian Sievers, City Attorney, pointed out the City had displayed photographs of abatements in the lobby of City Hall. Mr. Winters stated he supported the City's position on this abatement. He was also aware of the potential in a run down TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 11 of 11 property based on his personal experience and hoped the owner of this site would make improvements that would again make it a habitable residence. He encouraged other owner of run down properties to clean up their properties because they do have more value when in good repair. #3032 M/S/C/U(Montgomery/Colvin) to adopt Resolution #2601, and order that the fees incurred for the removal of garbage and debris on the properties located at 60 and 2230 Schley Way be collected as reasonable abatement costs and become a personal judgement against the owner, Timothy Duffey, which if not collected within 30 days shall become a lien against the property. President Farr thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes and James Nobel, Jr. With no further business meeting adjourned at 7:11 P.M. City of Bremerton PJ/DDF/me cc: Normal Distribution File/Vault