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
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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.
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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
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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"
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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
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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.
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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
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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
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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
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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.
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With no further business meeting adjourned at 6:35 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
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