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HomeMy WebLinkAbout05/19/23TAPE #1108 UNAPPROVED DRAFT CITY COUNCIL HEETING MINUTES MAY 19, 1993 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 19, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Richard Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, Al Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Tom McCright of Trinity Missionary Baptist Church. CONSENT AGENDA A. Minutes of Meeting - May 5, 1993, #AB93-096 #0031 M/S/C/U(Waibel/Horton) to approve the Consent Agenda as presented. CLAIMS/WARRANT 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. #0045 M/S/C/U(Colvin/Dawkins) May 19, 1993, the Council does approve for payment those vouchers included and further described as follows: Regular Payroll for the period ending 5 - 15 - 93 in the amount of $502,047.14 COUNCIL MEMBER REPORT8 Mr. Colvin thanked the Bremerton Area Chamber Of Commerce and everyone involved with the Armed Forces Parade and festivities associated with the Armed Forces celebration. He also thanked everyone who patronized the Bremerton Central Lions Club Pancake Breakfast feed. He reported he is proceeding with a citizens survey concerning the possibility of changing the form of government and will make a comprehensive report to Council once that information is compiled. Today, he enjoyed the guest speaker at the Bremerton Central Lions Club lunch meeting - Mary McClure, who spoke on "change of government for TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 2 of 11 Kitsap County". He invited Ms. McClure to make a presentation on this topic to the City Council. Mr. Dawkins reported he had a good time as a participant in the Armed Forces Parade. He thought the number of people lining the parade route in some of the outlying areas was not as large as in past years, however, it was crowded in the downtown area. Mr. Collins reported a number of his constituents have asked his why the City is spending so much money downtown and why isn't more being done for the neighborhoods, i.e., fixing streets, etc. His general answer to such questions have been that there is a two edge sword...the City's primary sources of income are Property Tax and Sales Tax. If the City's Sales Tax continues to be depleted by decreasing business, then the only thing that can happen is the need to reduce some service because there are laws against raising Property Taxes beyond allowable limits. He emphasized "we must have a business base", and he stressed at the present time there is not a strong business base. Mr. Waibel added much of the money spent downtown could not be legally spent on neighborhoods or additional Police Officers, but was grant money for developing the kinds of amenities placed on the waterfront. Hopefully, the invested dollars in the downtown area will generate tax dollars that can be used to enhance neighborhoods. Also, he reported that the dedication ceremony held on May 15 was very nice. He noted several people pointed out to him, at that event, that he was the only Council member present except for Council President Eileen Fitz. He enjoyed all of the weekend activities. Mrs. Horton stated in reference to Mr. Collin's comment, she did not think that the community at - large saw the viewpoint from the residents prospective. She stressed the importance of educating one another as to why it is beneficial to both entities to start seeing things from the other entity's perspective. She felt there were lots of things businesses could give back to the community and by the same token she believes businesses deserve having our citizens patronize their businesses in Bremerton because that is what will help the City fund more Police and Fire personnel, more parks amenities, etc. On May 14 she attended the Senior Center Open House, which was a very nice event. She was quite impressed with the quality of craftsmanship in the many handmade items that were on display. She reminded everyone of the Teen Dance scheduled for May 22, 8:00 P.M. to 12:00 Midnight, for teens age 13 - 19, at a cost of $5.00. TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 3 of 11 Mr. Overson exclaimed "great Armed Forces weekend". Relative to the expenditure to funds downtown, much more was spent on the overwater park than Council intended. If there had been more and better planning, he felt there would be more amenities to show for the amount actually spent. If we are going to call improvements to the downtown an investment, it will be interesting to see when the return on that investment comes about. Mrs. Fitz stated Saturday was a beautiful day for a parade and all the activity on the boardwalk. She noted the new banners looked wonderful and the flower baskets will look really nice in a couple of weeks when they start blooming. PUBLIC RECOGNITION Mayor Louis Mentor reported on some added activities scheduled for the Teen Dance on May 22. Today he met with a group that is looking into putting on a "Celebrate America in 1995", which is a very ambitious plan to bring a lot of people into Kitsap County. Today he had the opportunity to attend presentation of the Zumwalt Award to Puget Sound Naval Shipyard for their BEQ. He pointed out an almost unbelievable headline in The Sun indicating PSNS might be on a "Shipyard Closure List" by the Navy, however, considering where it was printed wasn't unbelievable. He believed such a headline was so far removed from what could happen that it was a shame to have such a message sent out into the community. He viewed such an attitude setting back the County 2 - 3 months in its further development. He attended an event in Seattle where the State signed a contract to build new ferries within the State. He noted Armed Forces Day was a huge success with all events and activities well attended. He reported on a major effort by a number of people that included Emil Reynolds and his wife of Vanguard Office Systems and the Mayor's brother Joe, to put together a float for the Armed Forces Queen and her Court. He reported on a successful Literacy Council Spelling Bee held on Tuesday, May 18. A Sons Of Italy Convention starts on May 20, a first for Bremerton. He reported on May 22 the Star Of The Sea Catholic Church will hold a "garage sale", with proceeds going toward the "night ministers" program in Bremerton. On Saturday evening, Peace Lutheran Church will hold an auction to help fund their school. Bremerton Symphony will hold their Vienna Night on May 22, also a fund raising event. He received a call from a citizen who commented the Parade route looked much cleaner this year because people were using the new garbage cans. A very nice Dedication Ceremony was held on the Boardwalk on Saturday. He stated in response to Mr. Overson's comments, the City is already getting a return from the Sunday market on the boardwalk and the boaters who tie up at the TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 4 of 11 guest moorage. Fred Keller, Immediate Past President of the Bremerton Rotary and President of the Rotary Foundation, made a presentation of a check in the amount of 35,000 from the Bremerton Rotary Club to the Pendergast Regional Park project. Vicki Vanneman, Director of Parks and Recreation Department, accepted the Rotary donation and thanked the Rotary Club for their generosity. She had hoped to be able to announce the date of ground breaking, however, that date has not yet been determined, but it is getting closer. President Fitz added a special "Thank You" to the Rotary Club. Bob Wood, 327B Willow Street, spoke to previous comments that we have to "work harder" ... he thinks maybe we need to "work smarter". He thinks this community has been lulled by the Federal establishment, including our representatives, and probably ourselves. He believes the "Lon Oversons" of the City need to be heard. There are people who know about choice and he has toured Bremerton neighborhoods and is trying to work with people in the community to get more things out in the neighborhoods. He emphasized youth, senior citizens and the disabled need things and not all needs are limited to the downtown area. He has heard the Farmers Market and Port Marina are great, however, in his opinion they pale compared to what is offered in Port Orchard. Joan Allen, Secretary/Treasurer of Forget Me Not Florist Inc., stated their business has been located in downtown Bremerton for the past 54 years. Recently, in the past five weeks, she has been ticketed in the alley behind her store at her freight entrance for holding up traffic in the alley. Over the many years of using this alley, they have shared access with J.C.Penneys, Bremers, Weirs, Brinkerhoffs, The Fabric Store and all other freight that has been delivered along the alley along with the Bremerton Police Department. To date, they are the only people using this alley on a regular basis. Her wholesalers and delivery staff are the only ones left in this alley. She became angry over having received the ticket for blocking the alley and she took it to Court where it was dismissed. However, another problem came about... in the past week the City has realigned the no parking areas (painted in red) along Pacific Avenue, which caused the loss of six parking spaces, leaving only three spaces in front of her store instead of four. The Parking Regulator, who issued the alley blocking ticket, stated if flower shop was not loading or unloading the delivery van needed to be parked on the street. Mrs. Allen pointed out in the first parking space in front of Chrey's Jewelry a vehicle with a "Handicapped" TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 5 of 11 labeled parks from 7:00 AM to 3:00 P.M. She and her employees pay $150.00 per month to pay to park in private lots...she questioned why can't they? If she is not loading or unloading her van then she should be parked in the second spot, which leaves one parking place in front of Booth's Drugs, Forget Me Not Florist, The Book Gallery and Chrey's Jewelers. She questioned how advantageous is it for her customers to park and frequent any of the above named businesses? Since she received her ticket, the Parking person came to her waving ordinances and telling her that this is the way it is suppose to be and her response was OK, I'll work real hard to do that. During this same time, there have been people working in the Soriano Building for two weeks putting in sprinklers who parked their vehicles in the alley behind Brinkeroff's 8 - hours per day for two weeks. She noted 75 people park down that alley and if Brinkeroff's unload or load their truck with appliances, they don't come and go very quickly. What such a situation means to her is that her personal vehicle located in a paid lot cannot be taken out during those times the alley is blocked. She re - emphasized the contractor doing work on the Soriano building blocked the alley, however, the Parking Regulator did not issue them a citation and no one went down waving ordinances at them and this firm is from out - of - town...she has been paying B&O taxes for 54 years. In the alley closest to her business, during Mothers Day week (Wednesday - Thursday - Friday) there were two trucks parked from 2:00 P.M. to 5:00 P.M. in the alley while work was being done in the Bremer Building and neither truck was issued a ticket for blocking. On Thursday she had 15 wholesalers trying to delivery cut flowers for her business, but what they come up against was two trucks parked in the alley for 8 hours - no citation was issued and no ordinances were waived at them...this company is also from out - of - town. Yesterday, the day she went to Court, a Seattle company truck was parked for an entire hour in the alley and no one ticked them. She expressed her confusion over all of the instances of "different treatment" for different people. She feels she is being singled out and harassed and she felt it was uncalled for. Don Larson 135 Rainier Avenue, President of Washington Scuba Alliance, reported on a successful low tide event at Fort Ward State Park. On June 5 there will be a Gold Gardens Underwater Park Survey along with a clean up effort. Friday, May 21 is the deadline for submitting information for the Coast Weeks Journal. As part of the Coast Weeks activities in September, a litter pick up will take place at the First Street Dock on September 18. He was concerned that the new garbage cans placed around the City do not have lids. He pointed out the TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 6 of 11 City's ordinance requires everyone to have "covered garbage cans". He noted the boardwalk looks nice and he was pleased that the garbage containers in that area did have lids. He questioned why did the garbage cans on the boardwalk have lids and others placed around the City do not? Mr. Oversom stated the garbage cans in the downtown area were planned and installed by the Mayor. The City Council was not involved in the decision making or contract processes. Mrs. Horton stated each of the lids cost $150.00. The City Council was not included in the discussion over the garbage cans, however, evidently it was felt that having lids for all cans was too expensive. Roy McInnis, 2711 Maple Street, stated he thought it was great that the Rotary Club was in support of the Sports Complex. And, he was glad to hear Mr. Keller mention "a complex for future generations". When he moved into Bremerton some 20 years ago he felt at that time that Roosevelt Field was a sports complex that would belong to the City for a long period of time. He hopes that in the future if some property owners close to the sports complex decides to expand he wants to do something before the City falls into that same category of disposing of our future generations' sports complex. 6A - APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR UTILITY RATE STUDY - ECONOMIC AND ENGINEERING SERVICES, INC., #AB93- 097 The proposed contract will provide professional services necessary to conduct a rate study for the City's water and wastewater utilities. This study is needed to allow the City to properly plan the financial future of the respective utilities. This need is made more urgent by the rapidly changing regulatory environment of both utilities and by the required CSO improvements mandated for the wastewater utility. Rich Hanna, City Treasurer, stated included with the Agenda Packet is the contract itself, which is largely a "boiler plate" document. The real issue of the work being contemplated is contained in Exhibit A, labeled "Scope Of Services". This is largely a description of a by - the - book Utility Based Rate Study. This is something that has not been performed for the City's utilities for some time and the last rate study for the Wastewater Utility was done in 1983 and it has been even longer since the last Water Utility rate study. He felt it was timely to accomplish both of these in light of the Consent Decree relating to the CSO Basins and the changes in the regulations for drinking water as well as the City's consent contracts with the Sewer and Water Districts neighboring the City's service areas. TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 7 of 11 Mr. Waibel stated the compensation, shown on page 1 of the Professional Services agreement, reflects not to exceed $75,000. However, on a supplemental sheet identified as page 32A, it looks like the compensation is actually closer to $100,000, $25,000 for Phase I and $74,000 for Phase II. Mr. Manna stated that is correct and Phase I is a tough call and he would defer to the City Attorney to comment on that component of the work. The $75,000 cost of Phase II reflects that actual cost for the type of work identified in our size and complexity of utilities. Mr. Waibel questioned what should the agreement reflect for actual cost? Ian Sievers, City Attorney, stated it looks like the compensation is to include both Phase I and Phase II thereby correcting the compensation figure to $100,000. Mr. Overson noted the Agenda Packet information states funds for this proposal have been budgeted. He questioned if funding was in the 1993 original budget at $100,0007 Mr. Hanna stated funds were budgeted at a figure of $75,000. What was in the original 1993 Budget was the Phase II work. He noted the litigation phase work was not included in the original budget...that along with the other expenses related to that issue will be forth coming in a budget adjustment at a later date. Mr. Johnson stated he was concerned that this might be just a way to funnel money to Parametrix, Inc., and questioned who will do the actual work? He pointed out the President//Vice President of Economic And Engineering Services Inc., is to receive $95.00 per hour and they show subcontracting to Parametrix Inc., at an hourly rate of $110.00. Mr. Hanna stated that was related to the billing rates for the individual persons involved from the respective firms. Parametrix Inc., will be involved only with the engineering component and that is a relative minor part of the agreement. The City's administration felt Parametrix Inc., is a good sub- contract consultant and that is how it was presented by Economic and Engineering Services Inc., because of Parametrix's familiarity and location within the City. Mr. Johnson stated there is nothing in the contract that would stop Parametrix from doing the whole study with the other firm ublishing their results. Mr. Manna pointed out the contract is a "not to exceed" and if they pay more money to the sub - contractors it would not be in the best interest of Economic and Engineering Services Inc. He believes Parametrix's work will be limited to the engineering needed for the financial calculations. Mrs. Horton questioned, under the section addressing System TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 8 of 11 Development Charges, if the following the wording: "System development charges are an approach to sheltering existing customers from the impacts of growth, along with providing an equitable and cost based approach to recouping infrastructure costs", was a fancy way of talking about impact fees. Mr. Hanna stated what is being addressed is the facility and in our current rate structure we label them facility fees but they are very much developer or impact fees and they always have been. A new connection is in essence purchasing a proportional share of equity in the City's existing plant and that has always been the theory behind those fees. Mrs. Horton stated Council has talked informally about impact fees but have not addressed them as a policy decision. If we are going to diverge more in that realm from what we have in the past, then Council needs to discuss it as a policy issue. Mr. Hanna noted that is one of the things that will loom large in our rate making theory through this process. Mr. Overson stated in trying to get a better feel for the product, he could not identify anything that says really what the product will be. He questioned if the product would be recommended rates, or the computerization model that allows the development of the rates? Mr. Hanna stated it will be both. Within the context of this contract we will first develop the model and there will be decision making and policy setting steps followed by a set of rates. We will have in our possession, at the conclusion of the study, a manual and computerized financial model that will allow City staff to maintain the currency of Utility rates for a number of years so that the product of this contract will not grow stale the instant it is put into place. Mr. Overson questioned under Section D - Wholesale And Contract Customer Negotiations (Optional)"- what is meant by "Optional"? Mr. Hanna stated what the City wants to look at there is in a structural context. We want to look at all contracts as to costs and services analysis to make sure that the rates contained in each of those contracts makes sense and are current operating environment. Some of the contracts listed date back as much as 30 years. Having the results of this rate study and financial analysis will leave the City in a much better position to begin negotiations to update some of the contracts the City has with other districts. Mr. Overson questioned if it is the City's option it is electing? Mr. Hanna stated yes. Mr. Waibel questioned if the "not to exceed" is limited to the gross of $100,000 or is it the totals within each category as listed? Mr. Sievers stated the limit could be broken out into two limits, if Council prefers. Mr. Waibel stated he felt they should be broken out. Mr. Hanna stated he did not TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 9 of 11 foresee that as a problem and his primary concern is with Phase II. He felt confident that product could be brought in within that limitation. Public comment - none. #1666 M/S/C/U(Johnson/Colvin) motion to authorize the Mayor to sign the Professional Services Agreement with Economic and Engineering Services, Inc. for a utility rate study; including the discussion about breaking out Phase I at $25,000 and Phase II at $74,000. Mr. Johnson stated he believes it is Council's intent that engineering services are a minor part of this proposal. 7A - ORDINANCE NO. 4418 (SECOND READING) ADOPTING THE WASHINGTON STATE BUILDING CODE WITH MODIFICATIONS AND AMENDMENTS DESIRABLE TO INSURE PUBLIC SAFETY IN ALL STRUCTURES, #AB93-094 Kathleen McCluskey, City Clerk, stated recommended changes introduced at first reading have been included in the Ordinance for second reading. Mr. Collins stated the added wording addressing appeals processes does not satisfy his concerns. The new wording states there is an appeals process through Section 204E, the Uniform Administrative Code, however, he believes the City also has an ordinance that addresses appeals. The other thing he found after reading the documentation more closely is that there is no reference to material standards. Ian Sievers, City Attorney, stated he was not sure he understood Mr. Collins second point. The City does have two ordinances on appeals, however, for the Building Codes and Uniform Codes generally we have adopted either appeals in the separate code and we have adopted the Uniform Administrative Code by reference in our Building Code Ordinances. He noted the Hearings Examiner provides another appeal process and is used for different codes. Mr. Collins stated the City also has the appeal process in an ordinance that allows an appeal by someone who feels they are not being dealt with appropriately. He believed that process was part of the Housing Code. Mr. Sievers stated the Housing Code adoption is not very helpful in identifying what Mr. Collins' referenced. Mr. Waibel stated it addressed a subset of the Appeals Board for those purposes. Mr. Sievers stated he recalled what Mr. Waibel referenced and believes it was an ordinance that expanded the Building Code Appeals Board for Housing Code problems. Mr. Johnson suggested continuing this item for one week during TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 10 of 11 which time the City Attorney could research Mr. Collins' concerns. Public comment - none. #1914 M/S/C/U(Overson/Colvin) to continue this item for one week for staff to investigate those two concerns. 7B - RESOLUTION NO. 2432, SET PUBLIC HEARING FOR VACATION OF THE ARVON AVENUE RIGHT - OF - WAY, NORTH OF 16TH STREET, TO BE INCORPORATED AS PRIVATE STREET IN THE "ARVON VILLAGE" SUB - DIVISION; APPLICANT: RAS PROPERTY MANAGEMENT, #AB93-098 David Smith, owner of the property on the east side of Arvon Avenue is requesting the vacation of approximately 3,030 square feet (a portion of right-of-way 15' wide by 202' long) of Arvon Avenue, north of 16th Street. RCW35.79.010 requires the setting of a hearing by Resolution no less than 20 days nor more than 60 days after Council passage of the Resolution. Kathleen McCluskey, City Clerk, stated, if approved, the Resolution would set the Hearing Date for June 9, 1993, 6:00 P.M. or later. Mr. Waibel stated he understood that at this time Council was not addressing the merits of the proposal, however, he questioned don't we typically have half go to one adjacent property owner and the other half to another if there are two adjacent properties? He was concerned that it looked like notification was going to just one adjacent property owner. He wanted to see that was resolved prior to the public hearing date. Ms. McCluskey stated she would look into it. President Fitz questioned for clarification for the public...is there not compensation also required? Ms. McCluskey stated yes. Mr. Johnson noted there is an Administrative procedure where the City normally goes out and just tell them that usually the adjoining property folks get the property, however, it has not always worked that way. Public comment - none. #2005 M/S/C/U(Johnson/Colvin) motion approve Resolution No. 2432 to set a Public Hearing for the Arvon Avenue Vacation on June 9, 1993 at 6:00 P.M. or later, including resolution of Mr. Waibel's concern about notification to adjoining property owners. TAPE #1108 City Council Reg. Mtg. Minutes May 19, 1993 Page 11 of 11 With no further business meeting adjourned at 6:35 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault