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HomeMy WebLinkAbout09/15/99 TAPE #1647 CITY COUNCIL MEETING MINUTES September 15, 1999 The weekly 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, September 15, 1999, at 5:30 P.M. with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council member Carlos Montgomery was absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by former Council member AI Colvin. Council President Shepherd made the following announcements: (1) City Council held a Study Session prior to the meeting to discuss general Council business. City Council convened to the Council Conference room for a 15-minute Executive Session to discuss "Real Estate Acquisition", per Chapter 42.30. 110(1)(b); and returned to continue the City Council meeting at 5:50 P.M. CONSENT AGENDA A. Minutes of Meeting - September 8, 1999 #AB99-184 #0027 M/S/C/U (McConnell/Olsen) Motion 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. #0053 M/S/C/U (Arends/Farr) On September 15, 1999, the Council does approve for payment those vouchers included and further described as follows: 234375 through 234542 in the amount of $257,967.78. COUNCIL MEMBER REPORTS John Law announced the next monthly District 3 meeting will be held Tuesday, September 21, 1999 at 7:00 P.M. at the Senior Center on E. 13th & Nipsic. Citizens will have an opportunity to hear a presentation on the "Manette Neighborhood Plan", with Cindy Stahl, the City's contracted Planner. Lon Overson artended the Grand Opening Gala for the new Port Orchard City Hall last Friday evening, which he noted, was beautifully designed by local architect, Eric Anderson, of Art Anderson & Associates. He also artended the Rededication Ceremony for Evergreen Park on Saturday, and thanked Cecil McConnell for his assistance in cooking and serving over 200 hot dogs! David Farr stated the thoughts of the Council were with Carlos Montgomery, who could not attend the meeting tonight due to the illness of his wife, Detores. Mr. Farr reported that Bremerton was well represented at a Summit held recently in Port Orchard, which was facilitated by the Economic Development Council. Five of the area's nine Legislatures were also in attendance, and he believes they are now well aware of the City's concerns. He further stated the top issues affecting the economy of the West Sound were discussed, including the ferries and transportation, telecommunications, infrastructure, policy issues, and endangered species. TAPE #1647 City Council Reg. Mtg. Minutes September 15, 1999 Page 2 of 6 Carol Arends artended the Economic Development Council Summit, and echoed the comments of Councilman Farr. She felt it was a worthwhile meeting, and was pleased to see a lot of major issues important to the City brought out and discussed. She also attended the Evergreen Park Rededication event, which she thoroughly enjoyed. As the representative for District #7 she commented on the progress being made with the Gateway project and additional business in the Callow Business District President Shepherd reported in further detail on the Rededication of Evergreen Park, which he described as a phenomenal success. He was happy to see the number of families who turned out to enjoy themselves, and offered thanks to all those who contributed goods and services. He reported that he too attended the Economic Development Council Summit, and felt it was a remarkable step forward. Mr. Law felt it was important to note that, at the Summit, the Legislatures made a commitment to the City to form a coalition with Legislatures from other Counties affected by ferry service to join efforts in working on this important issue. President Shepherd announced the Constitution Day Luncheon to be held this Saturday afternoon, and the Habitat for Humanity Dinner & Auction to be held Saturday evening at the Admiral Theater. In conclusion, he offered his condolences to the family of Bud Moen. MAYORS REPORT Mayor Horton reported members from the Loftus family, who contributed property for the Evergreen Park expansion, were here from California, and were able to attend the Evergreen Park celebration. She thanked the organizers of the event. She concluded by providing an update on plans for rehabilitating KPS. Mr. Farr thanked Mayor Horton for all her efforts in this endeavor. LEGISLATIVE REPORT- There was no report this evening. PUBLIC RECOGNITION Gordy Byrd reported on his attempt to follow through on his walkathon. He questioned the lack of curb cuts at 11th Street & Cogean Blvd. and 11th & McKenzie; and also questioned why the main post office in Bremerton was not handicap accessible. Don Larson thanked the City for the celebration at Evergreen Park last Saturday. He announced various activities as part of "Washington Water Weeks", and stated citizens can call 1-800-RECYCLE for additional information. He again encouraged the City to develop an underwater park. Jeff Flood. representing the Martin Luther King Memorial Scholarship Fund, invited the Council and the public to attend the Constitution Day Luncheon this Saturday, September 18, beginning at 12:30 P.M., at the Kitsap Golf & Country Club. The distinguished guests will be the Tuskegee Airmen from WWII, who wile share stories of their experiences. Citizens may call 874-2259 for more information. John Becker asked why citizens could not speak at City Council Study Sessions. He wanted to know if the entire Council packet with details of each Agenda Item could also be included on the City web site, along with the Council Agenda and Minutes. Susan Brown handed out fiyers from the Parent Educators Network, announcing another conference at Bremerton High School on Friday, October 8, 1999, offering training for working with children affected by Fetal Alcohol Syndrome, along with the annual Youth Access Fair. She asked that people keep their minds open and remember that ferry issue is not just an economical issue. TAPE #1647 City Council Reg. Mtg. Minutes September 15, 1999 Page 3 of 6 President Shepherd noted that in order to meet the 6:00 estimated time for the start of the Pubtic Hearing, Item I OA would be moved ahead of the schedule and be heard at this time... 10A - PUBLIC HEARING FOR DETERMINATION OF NON-CONFORMING USE SIGN SHOP AT 1533 SHOREWOOD DRIVE, #AB99-189 President Shepherd announced this was a Ouasi-Judicial issue, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine ", and if they should be excused. President Shepherd then asked members of the pubtic if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine': All Council members remained seated. Jon Holan, Planning Manager, requested City Council to continue this scheduled public hearing until September 22, 1999 in order that additional information may be gathered regarding the subject use. There were no questions or comments from the pubtic. #1140 M/S/C (Farr/Arends) Motion to continue the public hearing to September 22, 1999. Vote on motion: In favor: Overson, Farr, Arends, Olsen, McConnell, Law, Shepherd Abstain: Reed Motion carried. President Shepherd reminded the Council members that this was a continued hearing, and the "Appearance of Fairness Doctrine" would remain in effect during the continuance. 10B - PUBLIC HEARING FOR SPECIAL USE PERMIT APPROVAL FOR LESS INTENSIVE NON- CONFORMING PREVIOUS USE: APPLICANT: PAUL A. SALVAGE, JR.; LOCATION: 1502 THOMPSON DRIVE. #AB99-190 President Shepherd announced this was a Quasi-Judicial issue, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". All Council members remained seated. Jon Holan, Planning Manager, stated Mr. Salvage was requesting a Special Use Permit in order to operate a bus sales lot on a site located at 1502 Thompson Drive, and provided the staff report, with brief history of the site. He further stated that on August 17, 1999, the Planning Commission recommended approval of the special use permit, with a minor change in days of operation of Monday through Saturday from 8:00 A.M. to 6:00 P.M., instead of Monday through Friday from 8:00 A.M. to 6:00 P.M. The additional day would be used for paperwork in the office. As a Non- Administrative Special Use Permit is processed as a Type III Application, final approval is required by the City Council. Paul A. Salvage, St. spoke on behalf of his son, and addressed the concerns of the Council. He explained that 95% of their sales will not actually be done at this location, and the site will mainly be used for storage. He assured the Council that only new vehicles would be stored on this site, other than an occasional trade-in. Mr. Holan stated a condition was added to identify a route for the busses to minimize impact on the residential area. TAPE #1647 City Council Reg. Mtg. Minutes September 15, 1999 Page 4 of 6 There were no questions or comments from the public. #1 518 M/S/C/U (Arends/McConnell) Motion to approve the operation of a bus sales/storage lot as it is less intensive as the previous non-conforming use. 9A - PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENDER DAVID ROVANG, #AB99-185 Kathleen McCluskey, Administrative Services Director, reported the proposed contract is for a three- year period commencing January 1, 2000 through December 31, 2002. The contract amount of $8,555 per month is the same as 1999. Mr. Rovang has provided the services since 1994. The contract history is attached. as well as a survey of amounts paid by other cities and district court. John Becker questioned why the City did not try to obtain competitive bids, or preference for a local professional. Ms. McCluskey stated if qualified staff is not used, it could end up costing the City more in the long run. In the past, the City did look for other proposals, and there were no takers. She provided information to show Bremerton is paying comparable fees per case. Mr. Law stated the Council spent time asking detailed questions when this item was brought before the Operations Committee, and although a professional could have been found for less money, it may not have been good professional service, which he reiterated could end up costing the City more. Mr. Reed stated quality is "priceless". Mrs. Arends added that the Fiscal & Budget Committee also addressed this item thoroughly, and concurred with the Administration's decision. #1898 M/S/C/Arends/Olsen) Motion to approve Professional Services Agreement for legal representation for indigent persons. Vote on motion: In favor: Law, Overson, Arends, Reed, Olsen, McConnell, Shepherd Abstain: Farr Motion carried. 9B - INTERLOCAL AGREEMENT FOR ELECTRICAL FRANCHISE NEGOTIATIONS GROUP, #AB99-186 Kathleen McCluskey, Administrative Services Director, reported the City's franchise with Puget Sound Energy expires December 31, 1999. Due to the potential effect of ongoing deregulation efforts, lack of competitive electric rates and concerns regarding reliability of power, the City has joined with a group of cities to engage in investigation jointly. The attached interlocal agreement brings together four cities to investigate issues related to electric power franchises, deregulation, negotiations and possible services alternatives. Each city will contribute $5,000 to defray the cost of consulting services. There were no questions or comments from the public. Mr, Farr asked if there was an option to offer reduced power rates for low-income residents? Ms. McCluskey responded it was her understanding that there was no option, because the WUTC sets power rates, and the City can only lobby and raise objections to proposed rates at WUTC public hearings. She further explained that tariffs affect the rates, which are passed "fast and furiously", and the City is not always informed of them. TAP E #1647 City Council Reg. Mtg. Minutes September 15, 1999 Page 5 of 6 President Shepherd asked if the opportunity to participate was offered to other nearby cities. MS. McCluskey stated she did not offer, and was unaware if Port Townsend did, but offered to look into this issue further. She believes that cities with franchises that were about to expire were targeted. #2180 M/S/C/U (Overson/McConnell) Motion to approve Interlocal Agreement with the cities of Olympia, Bainbridge Island, and Port Townsend to investigate issues related to electric power franchises and contribute up to $5,000 towards consulting costs. 9C - INTERDEPARTMENTAL AGREEMENT FOR IRRIGATION WATER SUPPLY AT GOLD MOUNTAIN GOLF COMPLEX, #AB99-187 Gene Sampley, Public Works & Utilities Director, reported the present contract for irrigation water service at the City's Gold Mountain Golf Complex expires in December of this year. The proposed agreement has been prepared by staff to replace the expiring contract and to convert the basis of the agreement from a purchase/sale of surplus to that of an interruptible water supply contract. The pricing in the agreement is derived from the water utility's most recent rate study and from an analysis of the golf course water storage capacity irrigation requirements. He stated this Interdepartmental Agreement was negotiated earlier this year, and it is a 10-year agreement, effective January 1,2000. There were no questions or comments from the public. Mr. Reed asked what formula was used to determine the rate. Mr. Sampley responded whatever the increase would be to the other consumers (residential and commercial rate users), that percentage would be applied to the City. #2432 M/S/C/U (Farr/McConnell) Motion to approve the Interdepartmental Agreement for Irrigation Water Supply. 9D - CONTRACT AWARD FOR SEWAGE PUMP STATION CW-2 1999 MODIFICATIONS, #AB99- 188 Gene Sampley, Public Works & Utilities Director, reported that Pump Station CW-2 requires modification as part of the City's Anderson Cove CSO Reduction Facility Plan, approved by the Department of Ecology. These modifications will result in rehabilitation of the pump station to increase its pumping capacity more than 300 percent. Bids for construction of these improvements were opened on September 14, 1999. The Engineer's estimate is $400,000. A total of 3 bids were received. Pease & Sons, Inc., submitted the lowest bid of $323,732.00, and Pacific Crest Construction, Inc. submitted the second lowest bid of $332,129.77 (All bids include applicable tax). The recommended action before the City Council is award of the contract with Pease & Sons, Inc. for construction of Sewage Pump Station CW-2 for $323,732.00, and in the event that Pease & Sons, Inc. does not enter into the contract, that the City Council award a contract to Pacific Crest Construction, Inc. for $332,129.77 for construction of the same project. This project must be completed by year-end, which is why two contract bids are being presented. He clarified that the money for this project was in the current budget. There were no questions or comments from the public. TAPE #1647 City Council Reg. Mtg. Minutes September 15, 1999 Page 6 of 6 #2666 M/S/C/U (Farr/McConnell) Motion to award contract for $323,732.00 (including taxes) to Pease & Sons, Inc., the lowest and best bid, for construction of Sewage Pump Station CW-2 and in the event that Pease & Sons, Inc. does not enter into the contract, award a contract to Pacific Crest Construction, Inc., the second lowest bidder, for $332,129,77 (including taxes) for the same project; and authorize the Mayor to execute the same in accordance with City policies and procedures. With no further business meeting adjourned at 7:05 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File