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HomeMy WebLinkAbout07/24/96TAPE #1394 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL APPROVED AUG 7 1996 JULY 24, 1996 0025 #0046 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, June 24, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Jeffery Pulse of Peace Lutheran Church. President Law announced item 7D had been pulled off the Agenda. CONSENT AGENDA A. Minutes - July 10, 1996 #AB96-154 M/S/C/U(Neville/Farr) 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. M/S/C/U(Colvin/McConnell) on July 24, 1996, the Council does approve for payment those vouchers included and further described as follows: 199643 through 199987 in the amount of $1,021,795.13; and Regular Payroll for the period ending 7-15-96, in the amount of $729,686.31. COUNCIL MEMBER REPORTS Mr. Colvin made the following report: (1) asked that the appropriate department check on a potential traffic hazard of vegetation blocking view of traffic at the corner of Sylvan and Pine Road; (2) Offered his supply of political signs to other political candidates; and (3) his attendance at the Walmart Grand Opening event. Mr. Farr congratulated Emily Moshay on the recent newspaper article about her volunteer efforts within the community. Mr. Winters reported on Clam Run 1996, which was sponsored by the Hombre Motorcycle Club, where he acted as the event's Master Of TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 2 of 17 Ceremonies. The weekend event included motorcycle demonstrations, a performance by the Seattle Cossack Motorcycle group and various other activities. Mr. Law reminded residents that there will not be a District #3 Neighborhood meeting in August. MAYOR'S REPORT Mayor Lynn Hotton reported on a very successful City Employee picnic and softball game between four teams at Lions Field on July 19. The teams were Public Works, Fire Department, Police Department and the Parks Department. She presented the First Annual Softball competition trophy to the Parks Department team, which was accepted by Jim Spencer, Parks and Recreation Director. Mr. Spencer stated because his team was representing the Parks and Recreation department they felt they had to win. Mayor Horton noted this past week the City interviewed for an EDA grant and during that process they were up against some stiff competition. In 1995 they applied for the same grant in the amount of one million dollars for infrastructure improvements in the Werner Road and Auto Center Way area, but the City ended up being ranked third. This year, the City ranked #1 and still has a ways to go in the process, but did receive the official blessing from the Economic Development District Board. The next step is to see that Congress puts money into the 1997 budget for Economic Development grants. The City was a previous recipient of an EDA grant for the boardwalk project. She extended special thanks to Earl Smith, of the EDC, and Rich Hanna, City Treasurer, for their effort in the interview process. PUBLIC RECOGNITION Terry Dupee, North Cambrian, stated it took a couple of years to get a speed limit sign on North Cambrian, and she was pleased to report traffic has slowed down. She has observed people littering and urged the public to not litter public streets. Bill KamDs, Vice President of the Hombre Motorcycle Club (Peninsula Chapter), made a special presentation to Councilman Winters for his participation as Master Of Ceremony/Official Greeter for the 1996 Clam Run that was held at the Kitsap County Fairgrounds this past weekend. Mr. Winters stepped in and assisted them at various times making their weekend program a truly professional event. He noted the Clam Run also benefitted the Bremerton Food Line. Tita Fabelinia, representing Sylvan Way Baptist Church and the Visayah Club of Kitsap County, commented on two subjects: (1) the availability of the movie "JESUS" to members of the public through the Sylvan Way Baptist Church; (2) described the various kinds of TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 3 of 17 activities of the Visayan Club of Kitsap County including an upcoming event on September 7, 1996. Tickets for the September event can be obtained by writing Visayan Club Of Kitsap County, P.O. Box 634, Tracyton, WA 98393, or calling 479-8061, 373-3385, or 692-4207. Shirley Mowerton, 1002 Dibb Street, asked the following questions: (1) why is there such a disparity in City franchise fees on utilities; (2) why is Bremerton's garbage service costing twice as high as other garbage companies; (3) is Brem-Air selling the items they collect under the recycling program, and if so, why should the citizens have to pay a recycling fee when they are making a profit? President Law assured Ms. Howerton someone from the City would respond to her questions at a later time. CDR Jay Spurr, 241 5th Street, expressed his concern over the lack of residential parking for residents residing in an apartment buildings on 5th Street. The apartment building where he resides has 24 units and is surround with approximately 180 different commercial parking spaces, most of which are owned by Diamond Parking. In the past two days, he received two parking tickets having parked in the wrong spot resulting not only from his own ignorance, but also possibly with some misinformation from the apartment building owners and the people managing the parking lots. He is interested in finding out if there might be some relief for his parking needs. The City Treasurer's office informed him that there are two locations two blocks from his apartment building that are "no pay parking", but do require a City Parking sticker. He has received conflicting information about the Residential Parking Program and would like that information clarified. The two "no pay parking" locations cited to him were Highland Place and Pleasant Avenue. He suggested the City look into putting the fine situation on the ticket or somehow illustrate that to the general public. His suggestion would be if it was impossible to place it on the sleeve of the ticket, to list it in the Telephone Directory or provide handouts to be distributed by property management offices or real estate companies that own residents within the City. He understands that Ms. Karen Fisher had an opportunity to discuss this issue with the former Mayor, but now he is asking if Council will consider, if they choose not to rezone 5th Street as residential, to take the like number of spaces at the two identified locations and give them to the residents of his apartment building. Obviously, that would be a precedent setting move for everyone living in an apartment that has the same parking situation. He found it very difficult finding out where he should go to learn about the City's parking policy on 5th Street and he hoped there would be some way to provide that kind of information to people moving into the area. TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 4 of 17 Don Larson, President Washington Scuba Alliance, talked about the availability of some broken up concrete from a test track at the Paccar Technical Center in Mt. Vernon,'which could be used as a foundation for an underwater park. It was his hope that the City of Bremerton would be willing to accept the donation of the concrete, which would be transported at no cost to the City. The State Parks Program was not prepared accept such a donation at this time. He was pleased to announce his group will receive a mini grant from the Puget Sound Water Quality Authority for a clean up of the Sinclair Inlet shoreline on September 21, 11:00 A.m. - 2:00 P.M.. The grant funds will be used to purchase materials used in the clean up as well as education materials. Also, the Olympic Coast National Marine Sanctuary gave his group a mini grant to undertake a clean up and to study marine life in the Olymic Coast National Marine Sanctuary near Neah Bay on Labor Day weekend. That event is open to the public and information can be obtained by calling Mr. Larson at 373-5367. Gordy Byrd commented on: (1) "Just Good Food, a new restaurant in downtown Bremerton; (2) cautioned the public to be aware of the danger in leaving children or animals inside a vehicle during the hot weather; (3) Concerts In The park. Terry Dupes cautioned everyone to be careful during the hotter weather, especially children of all ages. Ed Rollman, 600 Block of Highland Avenue, stated he was pleased that the attempt to institute 12-hour shifts for Police Patrols was defeated by the Police officers themselves. He emphasized ideas are the foundation of any city or democracy and then cited people and events in history that supported that idea. He also supported the idea of a new City Hall facility and the possibility of using the vacant Penneys building for such a facility. 7A - BID AWARD, RESERVOIR 8 AND 21 REHABILITATION, #AB96-155 Bids were opened for the Reservoirs 8 and 21 Rehabilitation Project on June 17, 1996. Three bids for this project were received. The low bid from R.D.S. Construction, Inc. was $72,912.37. The engineer's estimate for this project was $110,000. The action before the City Council is approval of a contract for the Reservoir 8 and 21 Rehabilitation with R.D.S. Construction, Inc. Tim Richard, Senior Engineer, stated this proposal consists of rehabilitating the exterior coating on two City reservoirs - Reservoir #8 located on the west end of Werner Road behind the UPS facility and Reservoir #21, located within NAD Park. The rehabilitation system for the two reservoirs is to pressure wash and re-coat the exteriors with three coats of epoxy. This was the same system used to rehabilitate Reservoirs #17 and #20. Because the scope of work is considered maintenance, the funding source for #1367 TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 5 of 17 this project is the Water Operations Fund. The firm of R.D.S. Construction, Inc., is new to the City and a background check was made that revealed they are a 2-owner operation, who were former members, Superintendent/Project Mangers, of Diamaco, Inc., who performed reservoir rehabilitation work for the City in 1995. The City was very satisfied with the previously performed work. Several other references were checked and the responses received were "very satisfactory". Public comment - none. Mr. McConnell pointed out an approximate $24,000 difference between the two lowest bids. He questioned if possibility R.D.S. Construction might have missed something in the bid? Mr. Richard stated no; however, they did speak with the firm about the difference in cost and their response was that the job could be done for the bid amount. Mr. Neville asked if Mr. Richard could reassure the public that the City will not run out of water as a result of work being done on the two reservoirs. Mr. Richard explained the work on the reservoirs will have no adverse affect on the water supply since only the exterior is being re-coated. Mr. Overson questioned the expected percent of materials that should be in the average bid? Mr. Richard stated he did not have an answer to that question; however, they determined the estimated cost from information provided by the supplier of the coating system...price per square foot/tank applied. Mr. Overson wanted to be assured that the contractor would not undercut on materials. Mr. Richard explained an inspection program has been identified that measures the specific thicknesses required for each coat of the system and those will be checked using two kinds of measuring equipment. Mr. Overson questioned the length of time to complete the work? Mr. Richard explained the contractor has 30 working days and will start within 10 days of the Notice to Proceed, which is given to them at the time they sign the contract and the City was satisfied with the insurance forms, and performance and payment bonds. M/S/C/U(Farr/Huff-Menees) to approve a contract for $72,912.37 with R.D.S. Construction, Inc. for the Reservoir 8 and 21 Rehabilitation and authorize the Mayor to execute the same. 7B - REVISION TO COUNCIL RUES AND PROCEDURES FOR QUASI-JUDICIAL HEARINGS, #AB96-148 Ordinance 4550 established interim procedures for land use permits pursuant to ESHB 1724 (RCW 36.70B) including procedures for a closed record hearing or appeal before the City Council where there TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 6 of 17 has been a prior open record administrative hearing on the application or appeal. Current Council rules set a procedure for an open record hearing where new evidence is introduced and must be amended for a closed record hearing based on the record from the prior hearing, argument of parties, and "limited new information or evidence as allowed by Council rules of procedure". [Ord 4550 Sec 2(2)] Ian Sievers, City Attorney, stated as a result of Council's Study Session on July 22, Rules 11 and 12 were revised per Council's direction. He noted the following corrections: Rule 11, 2)(b) - no change to the appearance of fairness inquiry; Rule 12, 2, 1) Hearing Procedure - under the closed hearing Council desires that the record will be in the form of a written transcript thereby striking the following words: "the audio tape, audio/visual or". Under Rule 12, 3, - deleting the entire sentence because there will be no public testimony and all argument will be taken in written form prior to the hearing. Gordy Byrd requested clarification of the intent of Rule 11 and 12. Mr. Sievers explained land use permits are now required to have only one full public hearing where evidence is taken. Any subsequent hearing, either on the final decision or appeal, has to be what State law calls a "Closed Hearing", meaning there will no new evidence introduced at that hearing, but rather Council will use the record developed at the underlying hearing, which would be the Planning Commission in the City of Bremerton. The change from the copy of the rules in the Agenda packet resulting from Council's Study Session on July 22, primarily introduced a new section - Rule 12, that instead of oral argument taken at the Closed hearing, Council has substituted a procedure for submitting written argument by the parties both in favor and opposed to either the Planning Commission's commendation or decision. The procedure for submitting argument is set forth in Rule 12, 1. Mr. Montgomery stated even though he feels the adopted State law is preposterous, he recommended approving the rule changes as presented, including the corrections identified by Mr. Sievers. Mr. MoConne11 stated the City Council is the people's contact with the City government and SHB1724 (RCW 36.70B), as passed by the State Legislature, more or less takes the Council out of the picture when it comes to public contact concerning land issues. In his opinion, by not allowing public contact and testimony it reinforces the opinion that some people have that the Council does not listen to them. The rule change would not only address decisions from the Planning Commission, but also on any TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 7 of 17 recommendations they bring forth to the Council on land use issues. His previous comment still stands..that is the City of Bremerton should tell the State of Washington to stay out of City business. He will vote "no" on this issue not because the procedure is not well written and covers what the State mandates, but because the State says Council is required to do as they say. Mr. Oolvin asked if the City had any latitude under this new law? Mr. Slevers quoted directly from the State law and concluded that there was very little latitude. This requirement is sort of integrated into growth management and the State wants to impose this approval process on jurisdictions that operate under growth management. Mr. Colvin stated then we must abide by State law. Mr. Sievers stated Mr. Colvin was correct and if not, the City would be corrected by the Courts for not being in compliance. Mr. Montgomery stated he believes there is a loophole in the law that says the City can hold hearings by making a few modifications and that is have the Planning Department hold public meetings verses open hearings. Mr. Farr asked the City Attorney if he was correct in understanding the legislation was designed to speed up the permit approval process? Mr. Sievers stated that was certainly the expressed intent of the legislation in its Purpose Section. This particular procedure of opened/closed hearings does not necessarily speed up that process because it does not eliminate the second hearing, in fact it may make the second hearing more delayed because the City would have to produce a written record of the hearing. Mr. Farr wanted to avoid the misconception that the City Council will no longer hear the facts as the public might have been lead to believe by earlier comments. There has to be extra care taken by appellants and others involved in this process, but the City Council is required to hear and review everything that was presented at the open hearing. Mr. Overson stated he disagreed with the law and its intent in that it does tend to take away the right of the local people to control what happens in their community. It is important to have that control because we have to live in our own communities. He pointed out and as emphasized by Mr. Farr, this is not a change in right of the citizens, but it changes the process so it becomes a more closely aligned process in order that the decisions made are hopefully better understood by all parties. Mr~ McConnell stated contrary to Mr. Overson's comments, the statements he made did not say anything about the Council not receiving the facts, it will come in a type written form similar to what is presented in Court. What he did say was it removes the Council from contact with their constituents when it involves land use issues. The public will be able to present their oral arguments in front of an appointed #1894 TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 8 of 17 Planning Commission, not in front of their elected officials. M/S/C(Farr/Huff-Menees) to approve Revised Rule 11 and 12, including the modifications identified by the City Attorney. Vote on Motion: Motion carried. In Favor: Opposed: Overson, Farr, Neville, Overson, Colvin, Huff-Menees, Law McConnell, Montgomery, Winters 7C - DEPARTMENT OF NATURAL RESOURCES (DNR) COMMUNITY FORESTRY GRANT, #AB96-156 The City has been awarded a fourth $50,000 Community Forestry Grant from the Department of Natural Resources (DNR). This funding will be used for hazardous tree removal, select pruning, Neighborhood Block tree removal and replanting projects, expansion of Pendergast tree planting, and other urban forestry projects throughout the City. The action before the City Council is approval of the grant. Jim Spencer, Parks and Recreation Director, stated this particular grant was included in his department's 1996 budget; however, as the year progressed it looked a little bleak as to whether or not the City would be successful in actually being awarded the grant in 1996. A few weeks ago, he learned that DNR, through the good work of the City's Urban Forester, had earmarked $50,000 to be used to continue the enhancement to the City's urban forest. A number of projects have been highlighted to be funded under the grant. Terry Dupes asked what specific projects are being consider? Mr. Spencer stated grant funds would be exclusively used for the City's urban forest, which would include: removal of hazardous trees, enhancements to several parks, specifically phase 2 of Pendergast Regional Park, tree planting at Lions Field/SR-3, neighborhood trees removed and replaced. Mr. Winters reported a UPS driver contacted him and requested that someone from the City trim some trees that are causing a traffic hazard. Mr. Winters asked how does someone from the public find out where they should report problems relating to trees within the City? Mr. Spencer explained the City's recently revised Tree Ordinance addresses those issues and it becomes a matter of educating the public and making them aware systems are in place to deal with those kinds of problems. An internal policy within the City was included as part of the ordinance that clearly, in matrix form, identifies which department is responsible for what concerning problems within rights-of-way and parks. Mr. MoConne11 asked if the grant required matching funds? Mr. Spencer stated there is a match, but that match comes in a variety ) #2249 TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 9 of 17 of forms. Not only will the City provide labor as a source of match, the City's Urban Forester has been very successful in soliciting volunteer support and those hours can be applied. Mr. Overson complimented Mr. Spencer and the Urban Forester, Jim Trainer, for their work on the Urban Tree Program. Mr. Colvin echoed Mr. Overson's comments and asked if DNR inspects what the City has done with the grant funding? Mr. Spencer stated yes, approximately three months age two people from DNR were given a tour of Pendergast Regional Park, Forest Ridge Park, the newly created tree nursery and library. Their response to that tour was very positive and Mr. Spencer believes that visit may have been the catalyst for the City receiving this grant. In addition, the City has been encouraged to submit an grant application to Tree City USA, which receives national recognition. The City did make out an application, which has been forwarded through DNR to the State Urban Forester for review. M/S/C/U(McConnell/Winters) to authorize and direct the Mayor to accept the Community Forestry Grant from DNR in the amount not to exceed $50,000. 8A - RESOLUTION NO. 2551 AMENDING EMPLOYMENT APPLICATION PROCESS FEE, #AB96-158 The Civil Service Commission has recommended that the Application and Testing fees apply to uniformed positions only. Jim Meith, Human Resources Manager, stated this issue has been before Council at a couple of Study Session as well as before the Civil Service Commission. This proposal would repeal the resolution that puts the application and testing fee into effect for all positions and would limit it only to "Uniformed" positions. Gordy Byrd asked for the definition of "Uniformed employees"? President Law stated that would apply to Police and Fire personnel. Terry Dupes asked how the funds collected were used? Mr. Meith explained the application processing fee is used to partially offset the cost of processing the application, basically staff time and materials to carry out that responsiblity. He estimates that his department spends approximately $30.00 per application. In regards to the testing fee, it is a straight through charge on some tests. Mr. Winters stated it was important that Mr. Meith brought out the fact that this proposal will not eliminate the testing fee for all applicants. Mr. McConne11 asked if the application fee and testing fee are two separate charges and do testing fees vary in cost? Mr. Meith TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 10 of 17 stated yes, and in some instances he does not know the cost of the testing fee until they determine how many applicants will be tested. Mr. MoConnell questioned the Civil Service Commission's rational for retaining the application fee for uniformed personnel only? Mr. Meith stated he believed the Commission's determination was based on practices in other jurisdictions. Mr. McConnell stated it bothers him when someone does something just become someone else is doing it. He questioned if the current application fee was the same for both uniformed and non-uniformed employees? Mr. Meith stated yes, $15.50. Mr. McConnell asked why is the application fee being left in place for the uniformed personnel? Mr. Meith explained the original intent was to recoup the cost of processing applications. After much study by the City Council and two meetings of the Civil Service Commission, the Civil Service Commission felt the application fee relating to the non-uniformed personnel was not something that was traditionally done in the industry and or in other jurisdictions. Mr. McConne11 stated he would vote "no" on this proposal because he believes the application fee should be applied to all employees, not just the uniformed employees. Mrs. Huff-Menees emphasized Council McConnell is within his right to vote against this proposal, however, we would all do well to remember that this has been given a very thorough study and it comes back before Council because members of the public told Council over and over that the issue to be revisited. In reference to an earlier comment made by Mr. McConnell that sometime the public does not feel they are being heard by Council, in this instance the public has been heard. Also, Council asked the Civil Service Commission to make a recommendation to them on this resolution and she believes Council needs to adopt that recommendation. Mr. Montgomery asked how much does the City spend, dollar-wise, on processing applicants? Mr. Meith stated the total budget for Human Resources is $210,000 and based on a study conducted earlier this year approximately 75% is spent on application processing. Mr. Montgomery questioned the amount collected under the City's current application fee structure? Mr. Meith stated the application fee was instituted in April of 1995, and since that time $25,549.00 has been collected. Mr. Montgomery noted even with an application fee, the department did not come close to breaking even. Mr. Meith pointed out it was never intended that the application fee structure would allow them to break even. Mr. Overson asked Mr. Meith to convey his appreciation to the Civil Service Commission for their review of this issue and making a recommendation to the City Council. #2717 TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 11 of 17 M/S/C(Overson/Huff-Menees) to approve Resolution No. 2551, fixing the charges to the public for employment application processing and testing for uniformed positions and to repeal Resolution No. 2505. Vote on motion: Motion carried. In Favor: Winters, Huff-Menees, Farr, Neville, Overson, Law, Colvin Opposed; McConnell, Montgomery 9A - ORDINANCE (FIR8T READING) AMENDING B.M.C- CHAPTERS 2.76.100, 2.76.200, 2.76.300, 2.76.600 FOR PROCUREMENT OF MATERIALS. EOUIPMENT, AND SERVICES, #AB96-159 In 1994, City Council adopted Ordinance No. 4492 for the Procurement of Materials, Equipment, and Services. The proposed changes address standardization of terms; provides additional definition of exceptions to bidding requirements; and provides for Mayoral approval for the expenditure of funds in the event of an emergency. Gil Johnson, Deputy City Clerk, referenced Section 2.76,100,200 Definitions, and noted the dictionary definition for supplies refers to quantity or amount of commodities available, which does not describe what the City is attempting to put forth in the proposed ordinance. A better word is "goods", which means something that has economic utility, personal property having intrinsic value, commodities, and merchandise. These terms have been changed in the applicable chapters and additional changes proposed are to provide clarity to the chapters. Mr. Johnson referenced Secton 2.76,300 and noted there have been occasions when questions have arisen as to whether a needed service is a professional service or not. In order to provide a more adequate description, the following definition of Purchased Services has been proposed for inclusion in Chapter 2.76,300: "Purchased Services are defined as general support services provided by a vendor to accomplish routine, continuing and necessary functions. These include but are not limited to: Court reporting, data entry, word processing, language translation, equipment repair and maintenance, landscape maintenance, cleaning and janitorial services". As described in subsection (a) of Section 2.76,300, immediately following the Purchased services definition, it is proposed that contracting procedures for Purchased Services be conducted in a similar manner as Professional Services so as to maintain competition and by pre-qualification of vendors. The pre- qualification process occurs annually or as needed by advertisement in widely circulated publications, such as The Sun, Daily Journal Of Commerce and Northwest Dispatch. At the present time, TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 12 of 17 Professional Services is an Open Roster, that is new contractors can apply and be added to the roster at any time during the year. It is proposed that Purchased Services will also be an Open Roster. At the present time, the Professional Services Roster includes approximately 200 companies representing 41 disciplines. This process insures that firms submitting proposals for either Professional or Purchased Services are qualified to provide the requested services, while maintaining the spirit and intent of formal budding principles through competitive negotiations relying not on price alone, but also on qualifications. Bids for construction projects, and goods, materials and equipment in amounts greater than $10,000.00 will continue to be solicited by advertised call for bids procedures. At the last session of the State Legislature, computer hardware and software were exempted from formal bidding requirements, providing that procurement is made through competitive negotiations. The rationale is that technology of systems need to be tailored to specific applications and that hardware and software purchases are not driven by price, but rather by system performance necessary to meet the needs of the City. Therefore, a new Section 7 is proposed as follows: "Acquisition of electronic data processing and telecommunications systems, hardware and software or related services is conducted through competitive negotiations." Another recommended change is Mayoral expenditure of funds in the event of emergency. At the present time, there is no provision for expenditure of appropriated funds in the event of a natural disaster or other catastrophic event resulting in the absence of incapacitation of members of Council necessary to constitute a quorum needed to conduct City business. Therefore, it is proposed that a new Section 8 be added as follows: "In the event of a natural disaster or other catastrophic event which results in the absence or incapacitation of a quorum of the City Council necessary to conduct City business, the Mayor shall have the authority to issue an interim emergency proclamation and to approve expenditure of appropriated funds necessary to respond to the emergency. It is proposed that Section 7 in the present ordinance be deleted. The decision as to whether a purchase, lease or rental falls within exceptions to bidding is moot because the exceptions are listed. Additionally, Council will continue to approve contracts greater than $10,000. The approval process includes review by appropriate directors, recommendation to/by the Mayor and Council committees' review and ultimately action by the full Council in a public meeting. TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 13 of 17 Public comment - none. Mr. Farr asked if he understood correctly that the $10,000 limit does not apply to computer software and hardware regardless of the price? Mr. Johnson yes, and the $10,000 cap applies to bringing a contract before the City Council for approval and award. TAPE #1395 Mr. Farr stated he wanted assurance that the City was not giving away the advantage the City receives by going to lowest bid. Mr. Johnson explained based on his experience there are disadvantages going by the lowest bid and the City has not always benefitted by taking the lowest dollar amount. He believes by pre-qualifying vendors and by having competitive negotiated contracts with those vendors the City is not only getting a qualified product and service, but also getting the best possible price. Mr. Farr asked Mr. Johnson to tell him how we can achieve the same thing on a competitive bidding on award on lowest price, if you prepare the bid procedure with restrictions that would allow the City to receive the services or quality that is needed? Mr. Johnson stated on a sealed bid process there have been instances where the City has been stuck with a bid that was not the most beneficial to the City. In the instance of a negotiated bid, the process can be reviewed, talked through and understand fully before the contract is completely negotiated. Mr. Farr stated even after Mr. Johnson's explanation he could not support the proposal as presented. Mr. McConnell questioned if the City was restricted negotiating with more than one company on a negotiated bid? Mr. Johnson stated no, and an example is the City's Small Works Roster, which has 150 contractors for a variety of services, i.e. plumbing, roofers, etc. The City conducts those negotiations for purchased services much like the small works projects. Mr. MoConne11 stated his support of a negotiated contract for computer software and hardware. Mayor Lynn Hotton explained in a construction project there is a design, specifications and is something that is fairly straightforward. Since she has been with the City, she has witnessed many times when software has been ordered only to find that it was not what we thought we were getting and ended up either having to "gerry rig" something to make it work or send it back, or spend a huge amount of time and effort on training for something we thought was fairly simple. Getting a product that you are really satisfied with is sometimes an art, not a science. Mr. Winters stated since his tenure on the Council he has seen the lowest bid on major construction contracts often come back to Council Committee with change orders. Based on that, he felt that the negotiated contract process should be applied to construction projects as well, since it provides the City with more control of the product or services they are to receive. #3065 TAPE #1394 City Council Reg. Mtg. Minutes July 24, 1996 Page 14 of 17 M/S/C(Montgomery/Farr) to approve ordinance on first reading, revising procedures for the procurement of materials, equipment, and services by the City of Bremerton, and amending Chapter 2.76,100, 2.76.200, 2.76,300, and 2.76,600 of the Bremerton Municipal Code. Vote on Motion: In Favor: McConnell, Colvin, Winters, Montgomery, Huff-Menees, Neville, Overson, Law Opposed: Farr Motion carried. 10A - PUBLIC HEARING, PRELIMINARY PLAT, 6 LOT SUBDIVISION, APPLICANT: JERRY VERGER/CHARLES PARR; LOCATION: ADJACENT TO AND NORTHWEST OF MCCLAIN AVENUE AND SHERIDAN ROAD (628 SHERIDAN ROAD); AND APPROVAL OF RESOLUTION NO. 2552, #AB96-160 On June 25, 1996, the Planning Commission recommended approval to City Council for the Preliminary Plat for 6 lots. The City Council is the decision-making body responsible for evaluation of Preliminary and Final Plats. The City Council shall either: 1) Approve the preliminary plat and pass the approving resolution; 2) Deny the plat; 3) Modify in whole or part the conditions as recommended by the Planning Commission; or 4) Remand the matter back to the Planning Commission for further consideration. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question. Councilman MontgomerY announced he visited the subject site and Councilman Farr stated he sold a personal property to one of the applicants. Ian Sievers, City Attorney, determined that no one had a conflict and that all Council members could be seated. Jack A11in~ham, Planner, stated this is an application for a Preliminary Plat approval to subdivide approximately 3.65 acres. The applicant is Jerry Vergeer and the property owner is Charles Parr. The site is located just north of Sheridan Road and just to the west of McClain Avenue. The site is relatively vacant and had developed with a single family residence, the Parr's residence. In late 1994/early 1995, Mr. Parr short platted four lots on his property, the remainder is now being requested to be further subdivided. The lots primarily front McClain Avenue. The site is zoned Single Family 3 (SF-3), and SF-3 has a minimum lot size of, at the date of this application, of 4,800 sq. ft. The proposed lots are substantially larger than the 4,800 sq. ft., at approximately 9,000 sq. ft. in size, 75 feet in width and 120 feet in depth; and are similar in configuration to lots on the east side of McClain Avenue. TAPE #1395 City Council Reg. Mtg. Minutes July 24, 1996 Page 15 of 17 Access to lots #2 and #3 will be off of McClain Avenue and lots #4, #5 and #6 will use a common driveway, which will access onto Sheridan Road. The plan proposes a preliminary storm drainage system that will consist of an underground storage tank in the area of the shared driveway and will discharge into the City's stormwater system. The Planning Commission heard substantial testimony from neighboring residents, primarily concerned whether or not the lots would be in-filled to raise the site up to McClain avenue, which would raise the elevation and potentially block views. The applicant stated for clarification that there was no intention to fill in the site and in order to gain access to the lots a shared driveway would be provided. It was indicated the houses would have a frontage appearance on McClain Avenue, but the access to lots #4, #5 and #6 would be via the shared driveway. There was also testimony about the need for street lighting along McClain Avenue. Currently, houses along the east side of McClain Avenue provide a "yard" light at the entrances of their homes along their driveways and requested the side of the street to be developed provide street lighting in the same character. The Planning Commission is recommending that street frontage lighting of the same character be provided for the subdivision. Finally, there was concern that a shallow water table moves along the soil and is flooding foundations on existing houses, which were built under the short plat and that there needs to be some sort of a system, i.e. curtain drains,'to direct the water around the foundations for this site. The Planning Commission is recommending that curtain drains be provided as necessary; however they did not mandate that for every structure since it may not be needed in every instance. The determination whether or not such a drain would be necessary would be up to the builder/developer of the property. Furthermore, the Planning Commission recommends that the applicant/developer construct a sidewalk the full length of McClain Avenue. For the short plat that was approved, the developer constructed a curb and gutter all the way down McClain Avenue and a side walk fronting the earlier short plat lots. As part of the new development, the sidewalk will be extended down to Sheridan Road. The developer will also be required to provide temporary erosion control, develop underground utilities and a stormwater retention system, which has been submitted and reviewed by the City's Engineering Department. Based on the conditions as outlined in the Resolution, the Planning Commission recommends approval. Craig Baldwin, West Sound Engineering, 217 SW Wilkins Drive, Port Orchard, and representing Jerry Verger, stated he would be happy to answer any questions. He complimented Jack Allingham on the completeness of his presentation of the proposal. He pointed out TAPE #1395 City Council Reg. Mtg. Minutes July 24, 1996 Page 16 of 17 some people might call this project an "in-fill" in an area with an established neighborhood. As indicated by Mr. Allingham, by ordinance the developer could use smaller lots, but Mr. Verger has not elected that option because he wants to maintain the consistency of the neighborhood, which is also a good marketing tool. Mr. Verger was involved with Mr. Parr in the short platting of the lots to the north, lots #B, #C and #D, which have homes built on them. During that process, they learned it would be to everyone's advantage to run sanitary sewer lines from the back of the lots instead of connecting to the sewer main in McClain Avenue; thereby not having to have the interruptions or excavation to McClain Avenue. The water main is already located behind the curb and gutter and will require only running simple water meter connections to the lots. A hydrant will be installed at the corner of Sheridan Road and McClain Avenue for fire protection. The preliminary engineering is shown to demonstrate the developer can comply fully with the requirements and regulations for development, the Stormwater Managements Manual, developed by the Department Of Ecology, and not change the character of the remaining land owned by Mr. Parr. There was a lot of discussion about groundwater and the problems neighbors across the street on McClain Avenue were experiencing. During those discussions, it became evident that the owner of Lot B does have some problems with water under the foundation, but the homes on lot "C" and "D do not have that problem. So, there is evidence and proof that a groundwater problem exists in certain areas within the neighborhood and the developer feels the Planning Commission's recommendation is appropriate that foundation drains be installed where necessary. To require foundation drains on every home might be a little onerous and precedent setting. He would recommend that at the time footings are dug and formed the builder and building inspector review the concern for groundwater problems and require curtain drains be install, if there is evidence of groundwater and that evidence can be found in two ways. In the winter time, if there is evidence of water under the foundation a problem exists, but in the summer water tables can go down. During the dryer months of the year, to determine if groundwater is a problem, the soil can be examined to see if there is any mottling, which reflects intermittent presence of water. Kate Billings stated she was not opposed to the project and the concerns that she and other neighbors sent into the Planning Commission have mostly been answered, and Mr. Baldwin's explanation about the groundwater issue helped her better understand that concern and how it will be handled. Gordv Byrd asked what give a city the right to tell people what they can do with their property. President Law pointed out Mr. Byrd's question was not relevant to the issue being discussed and #0774 TAPE #1395 City Council Reg. Mtg. Minutes July 24, 1996 Page 17 of 17 could be answered at another time. Mr. McConnell stated it is unusual to have something other than apartment complexes proposed and he was pleased that the developer was proposing to build single family homes on the site because he believes that is what will continue to maintain this city. Mr. Overson pointed out one of the functions of a city is to be urban and that means density. He agreed this is a good proposal, but he is also pleased with some of the good apartment developments that have been established in the City providing quality living spaces and he encourages those as well. Mr. Montgomery emphasized the system works, the residents of the area brought their concerns to the Planning Commission and they were reviewed and acted upon. M/S/C/U(Colvin/McConnell) to adopt Resolution No. 2552, accepting the preliminary plat of "Parr's Corner", located adjacent to and northwest of McClain Avenue and Sheridan Road (628 Sheridan Road), Bremerton, Kitsap County, Washington. President Law thanked the TV camera crew for their services: Nadine Price, Terry Bowlby, Dave Noble, Bruce Hall. With no further business meeting adjourned at 7:36 P.M. KATHLEEN L. McCLUSKEY, City Clerk ~Co;"~uncil President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault