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HomeMy WebLinkAbout01/15/97 TAPE #1434 CITY COUNCIL MEETING MINUTEB JANUARY 15, 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, January 15, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. President Farr announced Council held two Executive Sessions prior to this meeting to discuss "Labor Negotiations" and "Potential Litigation". CONSENT AGENDA A. Approval of Partial Settlement #AB97-010 #0065 M/S/C/U(McConnell/Montgomery) to approve 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. #0078 M/S/C/U(Colvin/Montgomery) on January 15, 1997, the Council does approve for payment those vouchers included and further described as follows: 204693 and 204753 - 205097 in the amount of $833,058.07. COUNCIL MEMBER REPORTS Mr. Montgomery reported he attended the Opening Session of the Legislatures in Olympia on Monday along with nine members of the MOM Committee. He described the session as a "circus", and can now understand why not much gets done! Mr. Neville reminded citizens of the meeting to be held Tuesday, January 21, 1997, at 7:00 P.M. at Memorial Lutheran Church at 10th & Yeneta to discuss "Removing of Parking from Planting Strips"; He TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 2 of 8 also thanked all the neighbors who attended the meeting on Park Avenue last night at the KCAP Building. Mr. Overson reported on January 14 he attended an Open House at the ferry terminal where the future of the ferry system was discussed. He recommended anyone interested in this topic to attend one of these meetings. The next such meeting will be held on January 27, 1997, 6:30 - 8:30 P.M., in the Council Chambers. Mr. Paul Greene, head of the Ferry Commission, will be in attendance, as well as other staff members. Mr. Law announced the next District #3 Neighborhood Meeting will be held on January 21, 1997, with the topic "Calm After the Storm" to discuss current conditions of the City with Bob Tulp, Operations Manager, Public Works & Utilities; and Sgt. Kevin Long, Bremerton Police Department. In addition, Bob Tulp will discuss the "Lighting of the Manette Bridge", an on-going project. Mr. McConnell stated the February 1997 issue of Golf Magazine contained an article about Gold Mountain Golf Course, with many positive comments, as well as comparing it to courses in Scotland] Mr. Colvin welcomed Jim & Lillian Walker, recently declared "Citizens of the Century", and all their friends who joined them in the audience. He questioned the City Attorney about liabilities to the City when citizens assemble on the sidewalk, waving signs, distracting motorists, and possibly causing accidents? Mr. Sievers stated the City would not incur any liability for not passing an ordinance against assembly on sidewalks. He emphasized these types of Ordinances are tough to pass because they restrict the exercise of free speech. If traffic is disrupted from such an assembly, there are laws that can be enforced addressing that issue. MAYOR'S REPORT Mayor Lynn Horton announced contrary to the rumor that is going around, Bob Tulp, Public Works Operations Manager reported there is no snow in the forecast for this week. Recently, she was provided a copy of a magazine article where the Olympic Course at Gold Mountain was rated among the top 10 courses in the nation and the only one to have green fees listed. Later she learned that most of the other 10 courses had much higher green fees per round, such as $125.00, which included a golf cart. The golf course staff were thrilled over the recognition and the Mayor complimented John Harbottle for a job well done on the design of the course. Mayor Horton announced the city is seeking five citizens to serve on the Council Salary Setting Committee and anyone wishing to submit their application may do so by calling her office. The Human Resources Manager is already collecting comparison data from TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 3 of 8 other cities and the City Treasurer will provide an overview of the City's budget capacity in order to come up with a fair salary for the City Council. Mayor Horton attended a briefing on the upcoming welfare reform package passed down by Congress to the Washington State Legislature. Because of changes in the welfare program, the City could anticipate, most likely in the short term, seeing a greater need in the low income population. One of the first issues that will be implemented is a 20% reduction in food stamp allotments, which means the local food banks will be inundated with people. Also, according to the Congressional Reform Package, there will be a maximum of 60 months (5 years) of assistance in a person's lifetime and she believes the "clock" starts now, they do not count past years. The State, at its option, may impose a lower limit and approximately 30 states have applied and the President has granted waivers, which means they have up to 10 years to waive some of the restrictions within the Congressional Reform. Governor Lowry proposed to keep the welfare system as is in the State, although a couple years ago the "step program" was initiated, which tries to get people back into work conditions. From what she is hearing neither new Governor Elect Locke nor the Legislature likes Governor Lowry's welfare package. If Council desired a briefing on this issue, a meeting with Larry Eyer, Executive Director of Kitsap Community Action Program, could be set up. Mayor Horton presented James and William Walker with a Certificate of Achievement as "CITIZENS OF THE CENTURY" for over 100 years (combined) civic service, some of which include the YWCA, PTA, Boy ScoUts, Kitsap Regional Library Board, NAACP, KCAP, Voter Registration, Boundary Review Board, Democratic Party, NARFE, EbenezerAME Church. Mayor Horton thanked the Walkers for all the years of service and dedication to the community. Mr. Walker thanked Mayor Horton and noted when he first came to Bremerton he knew it was a good town and was glad he stayed. Mrs. Walker stated they came to Bremerton June 20, 1941, and the first thing they did after obtaining housing was to join the Ebenezer AME Church in October 1941. The next action they took was to register to vote. Because they encountered discrimination, they help start the NAACP and worked to put stronger laws in place against discrimination, which was not to just benefit them, but anyone being discriminated against. She listed the many organizations and groups that they participated in within the community. The following individuals spoke of the many contributions the Walkers made in their years of service to the community: Tom Dotton, Bremerton resident; Linda K. Joyce, Executive Director YWCA; Reverend Cleveland Willjams, Ebenezer AME Church; Marie Greet, Bremerton resident. TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 4 of 8 PUBLIC RECOGNITION Kal Leitchman, Bremerton resident, thanked Ian Sievers, City Attorney, for providing him the information he had previously requested relating to a $18,000 settlement on a lawsuit that involved a claim against the City for an injury resulting from a fall on a planting strip. He referenced various sections within that documentation that, in his opinion, were evidence against the claimant's charge that the City was liable for the injury when it was actually a pre-existing physical problem. He was still adamant against the City's proposed action to ban parking on planting strips. Joyce Lorenzen, Bremerton resident, stated her opposition to the City's proposal to remove parking from planting strips. She believes it will disrupt the quality of life she now experiences and that it will also cause more congestion and devalue her property. Tom Dotton, Bremerton resident, asked the Council members to visit his neighborhood and see the parking situation for themselves. He urged them to drive west on 6th Street turning right onto Chester Avenue and note that the parking strips are bear and there is approximately 10 ft. clearance on the street due to vehicles being parked on the street. He asked that they continue heading north on Chester and turn left onto 9th Street heading west where they will see vehicles parked on parking strips and leaving 25 ft. clearance on the street. In making this drive, he asked Council to bear in mind that the area can be very difficult, especially in snow, heavy rains or at night. They, the concerned citizens, will await council,s response. He wants to know what use the City plans for the hard packed clay and graveled parking strips that have been used for many years by the citizens as parking for their vehicles? In his view, there would be more of a chance of the City having liability with the vacant space than if vehicles were parked on them. He feels the City's reason for wanting parking removed from planting strips due to liability is nil. Gordy Byrd reported on his recent visit to the State Legislative Session in Olympia. He requested Council members Law and Huff- Menees to step down on issues having to do with Kitsap Transit. Kevin Thurston brought up some personal issues that were not appropriate to present and was requested to refrain from further comments of a personal nature. Ed Pietras, Martin Luther King Jr. Scholarship Fund, reminded everyone of the Martin Luther King Jr. Scholarship Fund Luncheon scheduled for January 19, 1997, 2:00 P.M., at the Kitsap Golf and Country Club. He noted the Walkers will be honored at this event. TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 5 of 8 Reverend Cleveland Williams, EbenezerAME Church, invited everyone to the third annual Martin Luther King Jr. Celebration Program on January 20, 1997, at the Kitsap Pavilion. 7A-RESOLUTION NO. 2583, AWARDING CONTRACT FOR CALLOW AVENUE BASIN PRIORITY I, PHASE 2, STORM DRAINAGE SEPARATION, #AB97-005 Bids were opened for the Callow Avenue Priority 1, Phase 2, Storm Drainage Separation on December 5, 1996. Nine bids for this project were received. The low bid from R.L. Alia Company was $3,458,034, however, they requested to withdraw their bid on December 6, claiming a bid error of $687,000. R.L. Alia Company's bid and claimed bid error total $4,145,034. The second low bid was from Thomco in the amount $4,914,962.50. The City Attorney has reviewed this and reconumended award to R.L. Alia Company at an amount of $3,458,034 as compromise and settlement of it's request for equitable relief. The engineer's estimate for this project was $4,270,000. The 1997 budget included $3,534,000 for this project. Public Works Trust Fund and Centennial Clean Water Fund Loans totaling $5,344,000 have been approved to finance this project. To make adequate funds available for this project, a budget adjustment increasing the Wastewater sources and uses of funds in the amount of $1,810,000 is necessary. The action before the City Council is approval of a budget adjustment establishing a project budget of $5,334,000 and approval of contract award with R.L. Alia Company. Gene Sampley, Public Works Director, stated due to the circumstances surrounding this particular Agenda item he asked the City Attorney to comment. Ian Sievers, City Attorney, stated Council held a brief Executive Session to discuss litigation issues involved with the award to the second bidder. Art expedited trial date of Tuesday, January 21, has been set to resolve this matter. The issue is somewhat complex in that the City does not want to concede that there was an error made that would allow withdrawal of the low bid and that is why Council is being asked to award the bid. The City would agree to settle for the corrected amount, which will be decided on January 21. There are contingencies involved with the temporary restraining order and the Resolution does list several contingent actions that Council is being asked to approve. Mr. Sampley pointed out this is a significant issue with the City because it involves approximately $750,000.00. Virgil Elkington, Bremerton resident, asked the start date of the project involved with this issue and what part of Callow Avenue will be affected? Mr. Sampley stated the location is along SR304 from the Missouri Gate connecting with the last project, which will be completed in four stages. The timing of the project will depend on when that project can be awarded and the contract signed, which TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 6 of 8 will most likely be late winter/spring. Mr. Elkington asked if this project will happen at the same time as the highway improvement project into Bremerton? Mr. Sampley stated no, there will be a substantial period of time between the two projects. It is essential that this project be completed prior to the SR304/Gorst-Bremerton project. Mr. Elkington asked if there would be any savings if this project happened concurrently with the Gateway project? And, if there are any savings why is the project being built now rather than waiting? Mr. Sampley stated there is only savings by undertaking the project prior to the Gateway project since it is a different form of construction work and the street improvement could not be done in conjunction with that project. Mr. Sampley pointed out the City is under mandate to complete the subject project, which cannot be delayed until the transportation project. Mr. Elkington stated he has been investigating the transportation project from the State and he felt the State had not figured out exactly what they are going to do in the Callow Avenue corridor. Again, he is seeing one government isn't talking to the other government. He felt before any vote was taken to spend more money it should be reviewed to make sure money wouldn't be spent twice for the same thing. Mr. Sampley pointed out the City is managing both of the projects and staff members are talking internally. Mr. Winters stated when this issue was discussed in the Operations Committee it was stated there was some difficulty with this particular contractor's availability and eagerness not to construction the project. He asked how has the City resolved that by holding them to the bid? Mr. Sievers stated their letter in the Agenda packet certainly demonstrates an unwillingness to go forward at their uncorrected original bid price. The unwillingness is due primarily to an extreme financial loss that they would take performing at that price. The contractor is well experienced, a reasonable contractor and a responsible bidder on the project. Since that original committee meeting, the contractor expressed a willingness to take on the project if the City would correct their bid, which will still make them the low bidder. #2288 M/S/C/(Montgomery/Overson) to approve the attached Budget Adjustment 97-1, establishing a project budget of $5,344,000. Vote on motion: In Favor: Montgomery, Huff-Menees, Neville, Farr, Overson, McConnell, Colvin, Law Opposed: Winters Motion carried. Mr. Overson pointed out it appeared the Budget Adjustment request had not been presented to the Fiscal and Budget Committee prior to being presented to full Council? He also noted the Agenda Bill had TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 7 of 8 not been signed. Mr. Sampley explained the Budget Adjustment request was presented to the Fiscal and Budget Committee at the time the project was submitted to the Council Committee. Mr. Overson recommended support of the funding and as Mr. Sampley pointed out this item is required to be completed before the right- of-way changes that will be made as part of the Gateway project. #2376 M/S/C/(Montgomery/Huff-Menees) to approve the Contract Award for a corrected bid amount of $3,458,034 with R.L. Alia Company for Callow Avenue Basin Priority 1, Phase 2 Storm Drainage Separation and authorize the Mayor to execute the same; and adopt Resolution No. 2583. Vote on motion: In Favor: Montgomery, Huff-menees, Neville, law, Farr, Overson, McConnell colvin Opposed: Winters Motion carried. 7B - ANIMAL SERVICES KENNELING CONTRACT - MCDONALD FARM KENNEL, #AB97-008 This is a request for changing the City Kenneling Contract from Olympic Kennels to McDonald Farm Kennels. The City has had a kenneling contract with Olympic Kennels in Belfair since 1992, and is currently paying $23,000 annually. The current kennel supplies 10 indoor dog kennels and 10 indoor cat cages, with accommodations for 5 additional dogs @ $8.29 per dog per day, and 5 additional cat units @ $3.29 per cat per day (approximately $24,407.75). It is necessary to make one to two trips to the kennel a day, usually around heavy traffic hours through the Gorst corridor. McDonald Farm Kennel has agreed to enter into a similar three year contract beginning March 1, 1997 for $23,000 annually, and would supply 10 combination indoor and outdoor dog and 10 cat units along with 6 additional combination indoor/outdoor dog @ $6.00 per day and 6 cat units @ $3.00 per day. McDonald Farm Kennel has several convenient routes, is closer, and takes considerable less travel time. The McDonald Farm Kennel has more accommodations to offer than Olympic Kennel, for less money, time, and effort. Public comment - none. #2519 M/S/C/U(Huff-Menees/Montgomery) to approve the change of the current kenneling contract from Olympic Kennel to the new proposed contract with McDonald Farm Kennel. 8A - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUE OF A $1,250,000 TAX ANTICIPATION NOTE, ACCEPTING THE PURCMA8E OFFER OF TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 8 of 8 SEAFIRST BANK, #AB97-009 As indicated in the exhibits attached, the City's General Fund will run a cash deficit for several months during the year, unless some form of cash flow financing is provided. Analysis indicates that a Tax Anticipation Note is the most advantageous method of providing the necessary cash flow financing. Rich Hanna, Treasurer, stressed this is the most financially advantageous means available to the City to finance the General Fund's cash flow, which is affected by the timing of receipt of tax revenue and disbursements within the General Fund. The General Fund will generate a modest cash surplus through the course of the year, but the primary dynamic is the collection schedule of property taxes. Public comment - none. Mr. McConnell pointed out the contract did not contain an interest percentage and questioned if that would be negotiated between the first and second reading of the ordinance? Mr. Hanna stated yes. Mr. McConnell asked at what point of the year does the Tax Anticipation Note get repaid? Mr. Hanna stated it would have a start date of February 1, 1997, and mature January 31, 1998. #2768 M/S/C/U(Montgomery/Colvin) to approve the ordinance on first reading, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; providing for the sale of those notes to Bank of America NT&SA, doing business as Seafirst Bank of Seattle, Washington. President Farr thanked the TV camera crew for their services: Rob Rupe, Jammie Campbell and James Noble. With no further business meeting adjourned at 7:00 P.M.. City of Bremerton KLM/DDF/me cc: Normal Distribution File/Vault