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HomeMy WebLinkAbout02/12/92 TAPE #992 UNAPPROVED DRAFT ~ CITY COUNCIL MEETING MINUTE8 FEBRUARY 12, 1992 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, February 12, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Eileen Fitz, Hank Waibel, C.R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman Wayne Estes was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Lynn Horton and the Invocation given by Reverend Clayton Bonar of Bremerton Church Of The Nazarene. CONSENT AGENDA - None CLAIMS/WARI~%I~T 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 has been made available to the council. %0029 M/S/C/U(Waibel/Fitz) on February 12, 1992, the Council does approve for payment those vouchers included and further described as follows: 144212 through 144363 in the total amount of $432,921.74. COUNCIL MEMBER REPORTS Mr. Overson reported he attended a meeting, on Monday evening, relating to parking in the downtown. Discussion at this meeting centered on some interesting ideas and it is hoped improvement can be made in the parking situation, however possible. He encouraged the public to send in their suggestions. Mrs. Fitz stated this is National Vocational Education Week and she encouraged everyone to tour the "Vocational Skill Center" to see the facilities and products of student training. Mr. Colvin stated he had the privilege of attending the AWC Legislative Conference on February 5 and 6, along with Councilman Collins. He felt they had a very fruitful meeting as well as having the opportunity to meet with State Legislators Paul Zellinsky, Karen Schmidt, Ellen Craswell, and Tim Sheldon. He reported, with all our ills, Bremerton is not doing too bad after all - other cities are also having difficulties. While traveling to Olympia for the AWC Conference, he drove through some beautiful countryside and stopped to tour a modern dairy farm. TAPE 9992 City Council Reg. Mtg. Minutes February 12, 1992 Page 2 of 19 Mr. D&wkins noted continuing work going on, by Puget Power, undergrounding power utilities in the downtown area. Mr. Collins noted the City Council and Mayor have been taking quite a beating about the proposed Pre-Release Facility. When meeting with State Legislators during the AWC Conference, it was pointed out that the "city" doesn't know what it is doing - one side is saying one thing and the other side saying something else on the Pre-release issue. He suggested Council adopt a Resolution setting forth their support on this issue. #0214 M/ (Collins/ .... ) to approve a Resolution stating the following: "Be it resolved by the Bremerton City Council, and the Mayor concurring, that the City of Bremerton supports the siting of the Pre-Release Facility now under review by the Department of Corrections in the greater Bremerton area. However, the Department is urged to extend the scope of their site review to include those sites originally identified by the Mayor and Citizen Committee and attached hereto. The City believes these other sites are more compatible with long range planning than the site now under consideration. The present site is located in an area needed for future multiple and single family residential growth". President Horton questioned if Council comes to the point where this issue is brought before them as a land use issue and Council has adopted this kind of resolution, what does that do to their ability to sit on a land use decision? She did not want to negate the ability to hear such an issue and have to turn it over to a Hearings Examiner. Ian Sievers, City Attorney, stated on the appearance of fairness problems, as suggest a week or two ago, if this site is requested or applied for by the Department Of Corrections somewhere in the City, the City will be asked to approve a Special Conditional Use Permit as part of its zoning process. He believes the proposed resolution was phrased appropriately in terms of the scoping review that is now going on, and does not take a position prior to Council hearing that application on whether Council would approve or reject it - Council is simply passing on its opinions that better or more appropriate sites should be considered. He did not think this would qualify the Council prejudgment on the application that might come later. Mr. Colvin questioned if he was correct in that if he seconded the motion he would not be disqualified from sitting on the hearing of this issue at a later time? ~r. Sievers stated he did not believe so and that the resolution was in the nature of an appropriate scoping comment. Mr. Dawkins questioned if the State Attorney General's Office would agree with Mr. Sievers' opinion? Mr. S~evers stated he was not sure what position the Attorney General's office would take, however, he assumed they would agree with his opinion on that point. There is another doctrine that if this motion passes it would be by majority and doctrine of TAPE ~992 City Council k~g. Mtg. Minutes February 12, 1992 Page 3 of 19 necessity would say that when you receive a quasi-judicial matter later and so many people on the Council are disqualified because of the appearance of fairness doctrine that it deprives the city of a quorum of Council members to act on that quasi-judicial matter, that the Council members can set back up and take the action. He assumed if by definition this motion passes, the majority would be disqualified than therefore would be able to reseat themselves on the application later. Mr. Colvin stressed Mr. Collins did not state that he would not support section of the current site under consideration and questioned if the City Attorney felt Mr. Collins inferred that at all? Mr. Sievers stated he believed Mr. Collins' proposed resolution intended to infer that there are better sites but not that Council would reject the application or has made a decision on the application at this point. And, certainly any application is largely dependent on mitigating conditions that might be proposed in the final application that may result from this environmental review process. President Horton suggested changing wording in the resolution to say that this City believes other sites may be more appropriate rather than "other sites are more appropriate", that would leave the window open for some latitude in that Council is not saying these are better and making a predete£.Lined decision on any site. Mr. Collins agreed to change the wording "are more" to "may be". Mr. Overson pointed out presentation of this resolution at this time was not being done as it usually is, i.e, publishing it in the Council packet, which would give the public an opportunity to know what was in it. He was uncomfortable from "shooting from the hip" on this proposal without doing it through the normal process. Mrs. Fitz expressed concern that she did not have a copy of Mr. Collins' proposed resolution in front of her, in final form. She did not like being asked to approve something she did not have the opportunity to read/study ahead of time. Mr. Waibel explained the scoping phase of this project had been already passed and in fact the State was already in the E.I.S. stage and had eliminated the other options. He was afraid all the State would see would be the first sentence of the Resolution and that is that we support siting such a facility in Bremerton. Therefore, he would not support the resolution as presented. Mr. Dawkins stated he understood Mr. Collins' intent in presenting this resolution, however, he did not like wording that states "the City of Bremerton supports siting of the Pre-Release Facility now under review of the Department ..... " He felt it sounded like Council was supporting it on one hand but asking them to do TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 4 of 19 something else. He suggested just keeping Council's "hands off" until it came before them. Mr. Johnson stressed if the resolution is passed as presented, that language will be twisted around to a one sided thing that would get jammed down Council's throat in the future. The scoping process to date has been totally inadequate and incomplete. In his opinion the things on the Mayor's list were given a cursory look by the Citizens Advisory Committee and until they get a complete look this scoping process is not complete, however, the State's answer would be that they had already looked and rejected it. Then, all that is left in the Resolution is that the City wants such a facility located in Bremerton in the worst way. He did not believe this was Mr. Collins' intent nor that of the Council. Mr. Collins stated had the Attorney allowed him, he would have drafted different words, however, what he was trying to say was that the Mayor's original sitings were not considered and the current proposed site came out of "left field". He felt the City needs to go back to the Department Of Corrections and ask them to reconsider other sites. President Horton stated if the intent from Council is in fact that they feel the siting process was not complete, then maybe a resolution to that affect would be appropriate. Mr. Collins questioned if that wasn't what he just stated? President Horton stated no. Mr. Waibel stated Council should probably be saying that we would like for them to stop any further action until they have done it right. President Horton stated she was not in favor of engineering something to this affect at this point because this process will be several months long. She recognized the fact that there is a public meeting on this issue this evening and questioned if it was the intent to present Mr. Collins' resolution at that meeting? Mr. Collins stressed it was his intent to let the Department of Corrections know that they had not looked at every possible site and only one site was being seriously considered. President Horton pointed out Mr. Johnson would attend that public meeting and she felt he would convey that initial message and in the meantime effort can be made to develop a resolution with that language by next Wednesday. ~r. Collins re-emphasized the observation by State Legislators that Bremerton officials did not agree on what they wanted to do with the proposal to site a prison in Bremerton. With a resolution at least Council could stand up and say "you have not done an adequate job looking at the area". And, Council needs to, as a City, say whether we want such a facility and has everything been looked at. Mr. Waibel stated what we really need is for the residents of the City of Bremerton, who can speak without having to worry about future quasi-judicial hearings, to come out as they have in other parts of the State and state whether or not they feel that is the appropriate siting for such a facility. Mr. Overson stated Mr. Collins' interest is correct but he wondered if this was the vehicle and questioned if this was the time. Mr. Johnson stated he believed Mr. Collins was TAPE #992 ~ City Council R~g. Mtg. Minutes February 12, 1992 Page 5 of 19 on the right track and his comments to be made at the public meeting will pertain to the due process that has gone on to date. After the State makes their presentation on their process, there will probably be an analysis made finding it to be an incomplete or unacceptable effort to date. Maybe, in response to that analysis, Council could prepare a very strong resolution on what they feel needs to be done so that all sites have been given adequate consideration. President Horton stressed she did not want to end up doing something that will be regretted later. She wants to make sure that anything that is done will be to the City's benefit. Mr. Waibel stated this is a very complex issue and that is why it is very difficult to construct and he did not know how to convey that in a resolution at this time. Mr. Johnson stated he had heard reports about Senator Mattson, of Pierce County, coming out loud and strong against having the Pierce County site selected for such a facility. With that kind of reaction he imagined the Department of Corrections would be looking for any little crack that they could find a positive thing to take action. He did not want the City of Bremerton to offer them that "crack" inadvertently unless it is done properly through the process. President Horton stated from the beginning no one has known what the process was. The committee that was charged to look at this issue never had a clue what their responsibility really was, which was not a Council committee and not under the auspice of a Council mission. She felt Mr. Waibel and Mr. Johnson were right on target that the City needs, at this point, to specifically target the process that the State had gone through has, in fact, been flawed. This will keep Council on the straight and narrow with options open and still allows Council the latitude to sit on land use hearings later. Mr. Collins pointed out the E.I.S. review is on one single site. Mr. Johnson emphasized that was the concern several Council members were sharing. Mr. Waibel did not want anything said by Council to be construed by the citizenry that they do not themselves need to react what they think about that site. Mr. Colvin stated he did not want Mr. Collins' intent to be construed that he was favoring one site over another. He felt Council should "back off" due to the possibility of something stated at this time being taken out of context. President Horton questioned if Mr. Collins wished to press forward with his motion? Mr. Collins stated he would withdraw his motion if he could prevail upon the Mayor to relate what transpired at a recent prison hearing. Mayor Louis Mentor explained this was not a hearing but rather a meeting set up with Representatives Karen Schmidt, Paul Zellinsky, Tim Sheldon, and Dave Savage from Department of Corrections. The discussion included pros and cons of what was going on and he made those Legislative representatives aware how he felt about locating the Pre-Release Facility in Bremerton and how he felt the citizens felt on this issue. All nine Kitsap County Legislative representatives sent a letter to the head of the Department of Corrections stating that they did not feel the site TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 6 of 19 in Bremerton should be considered and should be withdrawn from the E.I.S Study. Also, prior to this meeting they had all individually called the Department Of Corrections and let them know of their position on this issue. A member of the Department of Corrections did have a misconception that people in the City of Bremerton were supportive of this siting. This misconception had also spread to comments being made in Pierce County public meetings held on this issue. Mayor Mentor will attend the meeting this date and will be speaking as to how he feels and how 80% of the citizens feel about the prison siting. Mr. Johnson stated if anyone had difficulty in forwarding their comments to the Department of Corrections, they could forward such comments to the Mayor or Council Offices, to be forwarded to the appropriate destination. Mr. Collins withdrew his motion. Councilman Johnson left the Council Chambers at 6:10 P.M. PUBLIC RECOGNITION Mayor Louis Mentor read a Proclamation acknowledging contributions of members of the Engineering profession and proclaiming February 16-22, 1992, as ENGINEERS' WEEK. Councilman Lon Overson accepted the Proclamation and stated Engineers help everyone and everything. Mayor Mentor reported he attended a parking meeting held Monday evening. He attended a Prayer Breakfast this date, along with Councilman Colvin. The guest speaker at this event was Carol Belas, Kitsap County Treasurer. He announced the Community Unity Banquet will be held Saturday, February 15, 1992, and the USS Truxton will also be returning to port on Friday. Betsy Harris, Animal Control Officer, presented the "Pet Of The Week" - Tootsie, a 2 year old female pure bred fox terrier. 6A - INFORMATION ITEM - BREMERTON OVERWATER PARK UPDATEr ~AB92-034 Dave Baker, City Engineer, reported he had issued Monthly Report #4 and was pleased to say the project is still on schedule and is still within budget. The pile caps beyond the pump station (near the Turner Joy) are being poured this date and it is anticipated those pile caps will be completed by February 27, at which time planks will be placed on them expanding the boardwalk area. Concrete was poured between the planks on the southern part of the boardwalk this date, which ties them together and forms one continuous surface. Mr. Colvin stated his appreciation for Mr. Baker's reports on this project. Mr. Waibel questioned what change order #7 and Baker stated he did not have that information at this time, however, he would provide it as soon as he looked it up. If some TAPE #992 ~ City Council Reg. Mtg. Minutes February 12, 1992 Page 7 of 19 of the change orders were numbered and then discarded, the number would not be used again. There were some change order proposals that were considered but a decision made that they were not valid. Mr. Waibel stated he hoped the attachment list was not updated from the previous project report since it states in the body that the estimated cash was dated January 31, and yet the attachment list talked about December 12 and December 31 as the listings for this attachment? Mr. Baker stated the cash flow list that was shown in the report is actually up to the end of January. Mr. Overson echoed Mr. Colvin's compliments and noted this structure is impressive from two standpoints: (1) project is moving right along; (2) its size! Mr. Colvin requested an explanation how change orders come about, such as Change Order Proposal #3. Mr. Baker stated Change Order proposal #3 was to provide a gangway and utilities to the Turner Joy, which included some changes in the overwater park structure, modifications to a gangway and the design for sewer/water/power from the shore out to the Turner Joy. Mr. Colvin questioned if that was in the original plan? Mr. Baker stated no it was not. Mr. Waibel raised the question of an updated map of the project and requested, in the near future, that a new updated map be provided. Mr. Baker stated he did intent to provide an updated map. He noted a larger map along with some pictures showing the progress of the project was posted in the Council conference room President Horton stated she was again concerned with the cash flow payments and the fact they seemed to be lagging. She questioned the reason why the billing was so delayed? Mr. Baker stated there is a reason - that being the project started two months later than anticipated. He pointed out July and August had no cash expenditure and the project did not really get started until early September and even then it was at a slow rate. In the month of October considerably more funds were expected and expenditure of funds in December was lower than expected. President Horton questioned since we started two months late did this mean that the project would be extended two months later? Mr. Baker stressed May 5 was the completion target date for the project. Mr. Waibel stated he did see a request in the report by the contractor for a 30 day extension. Mr. Baker explained that extension is for contractual purposes only...not that he intends to change the project schedule. The contractor did do some additional things and by law he is required to ask for the amount of time that would take in order to cover himself in case something should happen later that he would ask for that time. It appears there is no reason why that extended time should not be granted. 6B - PUGET POWER VEGETATION MANAGEMENT PROGRAM IN B~RMERTONt #AB92- TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 8 of 19 The Puget Power Vegetation Management Program is preparing to perform line clearance work for the purpose of system reliability and safety. Puget Power and the City of Bremerton are both aware of the strong public sentiment surrounding trees and the contribution they make to the liveability of any community. Therefore, both agencies are interested in providing information to the public to allow full understanding of the scope of the project and Puget Power's commitment to completing the work with as little disruption as possible. Vicki Vanneman, Director of Parks and Recreation, introduced Tom Brost, a member of the staff from Puget Power, who will provide, as information only, impending projects Puget Power has planned within the City of Bremerton. Tom Brost, Division Forester for Puget Power, stated he is responsible for all line clearance work in Kitsap and Jefferson counties, representing about 1600 miles of distribution and transmission lines, i.e., about 90,000 customers served in these areas. He provided a map showing the areas they will be working on in the Bremerton area along with some photos, which deal with safety and reliability issues for the customers in the City (approximately 12,500 customers served). He reviewed the type of work planned and their public relations program with City residents who will be impacted. Mr. Waibel requested a map of the Manette area. Mr. Overson questioned if Puget Power would take out the tree shown in one of the pictures that contained a tree house, swing, and branches between transmission lines? Mr. Brost explained there can be extensive problems with Douglas Fir trees growing under power lines. He was already working with the Parks Department and had conducted a field survey of vegetation on private property as well as City right-of-way. They are trying to determine if that particular tree was located on City right-of-way or private property. Initially they received a call from the customer to just cut the tree down, however, later they called and asked that it just be trimmed. He noted they will ultimately do what is appropriate to provide the safety aspect. Mrs. Fitz reported recently she read a news article about a similar program in the City of Port Townsend and that neighborhoods had banded together and talked with Puget Power as neighborhood groups. She questioned if that was something that could happen in Bremerton? Mr. Brost referenced an article that appeared two weeks ago regarding the tree trimming program in Jefferson County. The City of Port Townsend has a tree and brush committee, who are working with Puget Power to develop the appropriate pruning they desire in their neighborhoods. Mr. Overson stated from an engineering standpoint an intelligent move would be to resolve all of this through undergrounding all electrical wires. Mr. Bros% stated that potentially is a way to go TAPE #992 ~" City Council k=g. Mtg. Minutes February 12, 1992 Page 9 of 19 and the fact is they have a facility life expectancy of 50 years and even if they started putting wires underground today they would still have to maintain the overhead wires that are out there in the process. He suggested contacting Puget Power's Engineering Department if there was a specific area they were interested in seeing about undergrounding power lines. Mr. Waibel raised the issue of a massive infusion of trees into lines in the Ivy Green Cemetery area and felt this may be one of the areas the City would want to look at not destroying the trees, but to do whatever it takes to underground power lines. President Horton pointed out that may be an issue that should be discussed at a later date. From a past experience with the vegetation trimming work by Puget Power, she understands the intent of their program, however, she asked that they use a little more sensitivity when cutting down trees. Personally, she experience a situation where one of her trees was trimmed extensively on the sides that were interfering with the lines but left the rest as it was. She questioned if Puget Power felt it was up to the homeowner, at that point, to take care of trimming up the other half of the tree? Mr. Brost stated he understood her concern and that was why they stress pre-notification of the residents to discuss instances of radical pruning. The less trimming needed is most beneficial to the tree and they take that into consideration when work is being done. President Horton stated that may be true, however, in her particular case she would have anticipated the whole tree being leveled off rather than leaving it the way it was after being trimmed. At that time, Puget Power did not say they were going to cut 1/2 of her tree down, however, what actually resulted was disturbing. Mr. Brost stated he would provide some materials that discussed "utility pruning" so Council members could answer questions raised by their constituents. He stressed "utility pruning" was a lot different than "beautification pruning". He noted there would be notification in the local newspaper identifying the areas they would be working in and to offer the public the opportunity to obtain wood chips, a by-product of the trimming process. 7A - BID AWARD RECOMMENDATION FOR KENNELING SERVICES, ~AB92-036 Call for bids were prepared, advertised, distributed and received in accordance with accepted Call For Bid procedures for kenneling services required for the City's Animal Control Program. This is a two (2) year contract. Three bids were received and recorded as follows: OlvmDic Kennel Kitsap Humane Soc. Fairnall Kennel 1st Year $20,000.00 $39,800.00 $36,504.00 2nd Year 20,000.00 42,984.00 36,504.00 TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 10 of 19 Dog $7.00 $6.00 $7.00 Cat $3.00 $4.00 $5.00 Debbie Goodell, Supervisor of Animal Control, stated she would standby for any questions Council may have on this issue. Public comment - none. Mr. Waibel questioned the 100% difference between the low bidder and the other two bids? Ms. Goodell explained originally they were negotiating a proposed contract and it came back approximately 1/2 times more than the amount actually budgeted. The City Attorney suggested going to bid for this service, which they did. Several kennels were found that would be appropriate. They modified the bid proposal from 20, at one animal per run, to 10 that the City would have sole access to; and if there were 2-3 small dogs that were compatible then they could be kenneled in one large kennel run. She noted the lowest bid came in from Olympic Kennel, which covered kenneling and feeding only. They did not include a request for fee collection, adoption program, vaccination or euthanasia, etc. Kitsap County Humane Society's bid included euthanasia and the services of spay/neutering through their adoption program, their vaccination program and collections of fees, which would not have allowed Bremerton's own adoption program. As far as collections of fees and wording or verbal agreements between dog owners, the officer that was more familiar with the investigation could do the actual contract with the owner rather than a middleman. The higher bids are offering additional services that the City did not request. President Horton questioned when the bids came back did Ms. Goodell ask if they were willing to separate the bid so that the services were identified and the City could pick the services desired? Ms. Goode11 explained Kitsap County Humane Society could not break their bid down into separate services and that was essentially what ended up with the Farinall bid. Mr. Waibel pointed out in a competitive bid process if someone wants to bid on services that were not requested in the RFP, those should be separate from the essential requirements. President Horton stated technically, when going through a bid process, if some firms do not comply with the RFP, then that would negate the RFP. Mr. Waibel stated unless the bids are returned with the RFP separate and also offering additional services at an additional price, there is no requirement for the City to go back and look at them. He questioned who reviewed the bids? Ms. ~oode11 explained she and Gil Johnson, Purchasing Agent, reviewed the bids. President Horton noted there was a question at one time about liability factor in having more than one dog to a run and requested Ms. Goodell address that issue. Ms. ~oode11 explained it would be the same liability factor that the City of Seattle, King County, TAPE #992 " City Council Rug. Mtg. Minutes February 12, 1992 Page 11 of 19 Snohomish, City of Everett, and almost every animal control and humane organization would be subject to. At the point of impound, it is determined how an animal will be handled, i.e., quarantined, treated by a veterinarian or kenneled. When an untagged animal is picked up by Animal Control, they become "wards of the City". Mrs. Fitz expressed concern about putting more than one dog in a kennel because of the potential of the kennel cough disease. Ms. Goode11 explained kennels are prone to spread kennel cough regardless of how animals are housed, even at a veterinary clinic unless the animal was previously vaccinated. The greater concern, when kenneling more than one dog together, is fighting and they rarely have put several animals together except in the instance of puppies from the same litter. Mr. Overson stated it appears the City had spent approximately $30,000 annual cost for kennel services and questioned how 1992 costs would compare with fiscal outlay if the low bid was approved? Ms. Goode11 stated she believed it would be approximately the same as opposed to the kenneling contract. There was only one expenditure in the $700-800 range that they had hoped to obtain this year. Mr. Overson noted he believed there was a difference in transport time between the previous kennel and Olympic Kennel. Ms. ~oo~ell explained travel time from the City to Olympic Kennels is approximately 13 minutes. Mr. Overson stated Animal Control is a highly visible activity and questioned if the City was already using Olympic's services? Ms. ~oode11 stated yes. Mr. Overson noted the proposed contract did have a 30 day termination clause and expected the City to use that in the event something went wrong with services to be provided. Ms. ~oode11 stated yes - Olympic Kennel has been in business for five years and she was very impressed with its cleanliness. She visited this kennel unannounced on a weekend prior to Christmas and found the kennel was full and well kept. Mr. Collins questioned if a stray animal was picked up and was immediately inoculated would that animal be safe from any diseases? Ms. ~oodell stated no, it depends on the animal. The City of Seattle started such a program, however, it takes up to 21 days for a good immunity to be established. Incubation periods, depending on the disease, range from three days up to 14+ days. She does vaccinate every animal that is adopted and ones they think they will be able to adopt or if they know that an animal will be kept long term, such as in the event of a court case involving a vicious animal. They cannot vaccinate quarantined dogs during their containment period. Mr. Colvin requested a representative from Farinall Kennel speak on their perception of the bid package proposal. President Horton stated before having someone from Farinall Kennel speak she TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 12 of 19 requested Gil Johnson, Purchasing Agent, respond to Council's concerns over the RFP process and whether or not it was clear what the City was requesting. Also, were there any calls made to bidders clarifying the RFP? Qil Johnson stated the terms and conditions of the bid were submitted to all organizations that requested them, the advertisement for bid was published in The Sun, and there was a list of specifications required that prospective contractors responded to. He did not receive any calls during the bid process time from any organization. President Horton stressed if it was very clear in the RFP that the City only wanted services listed and if they provided more services it was incumbent upon them to break those services out. Mr. Johnson stated the specification for the services were prepared by the Animal Control Division, under Ms. Goodell, and appeared to be very specific on what were appropriate levels of service. Ms. Goodell stated Olympic Kennel's bid would have included handling of paperwork, however, it was the Departments desire to handle it themselves. The only amendment they made on anything was that said runs with indoor and outdoor areas as opposed we would allow just indoor. Most facilities located within a reasonable driving time are indoor kenneling facilities. President Horton noted Council had heard the City's process and Mr. Colvin was welcome to call on someone else to speak on this issue if he wished. Mr. Colvin stated his only concern was that he wanted to be fair to both parties and if everything was fair and aboveboard then he was satisfied. Mr. Waibel encouraged hearing additional information before making a decision. Lorraine Martinez,14637 NW Holly Road - co-owner of Fairnall Kennels, stated she was concerned with some misunderstandings. She reviewed the process of call for bid and in that bid there was specifications calling for specific amounts of chain link runs, so many cat units for cats and dogs, facility to be open so many hours per day, so many days per week; and very importantly facility will be staffed by personnel trained and qualified to perform animal care, feeding, adoption program services, perspective owner screening and temperament testing, promptly remitting licensing fees and fines to the City. She questions now how anyone could go for a bid when she finds out now there will be no paperwork required of the kennel, nor interacting with owners or licensing. She had talked with Kathy McCluskey, Director Of Administrative Services, and said there had been some miscabobulation going on in negotiations - it was made clear to her in negotiations, during the first call for bid as well in the second call for bid, that these were the basic requirements and services rendered...the entire adoption program would be handled at the shelter. President Horton noted when preparing a bid it is very helpful to have specific items broken down rather than a lump sum so when it comes time to negotiate can be determined where it may be adjusted. Mr. Waibel stated if what Ms. Martinez stated is in the second request for proposal, including those qualifications and the ability to remit, then the $20,000 was not responsive to TAPE #992 City Council k=g. Mtg. Minutes February 12, 1992 Page 13 of 19 that bid. Ms. Martinez stated they responded knowing that they would have the adoption program, which they handled for several years and knew the responsibility level and they did see an advancement in the adoption program, which they advocated and solicited to the Council in past years. They were then asking that we would be housing the animals, showing them and handling that responsibility for the City, which they agreed to do. President Horton questioned when Ms. Martinez made the proposal was it one lump sum or was there an itemized breakdown of services. Ms. Martinez stated there was never any call for breakdown in the bid - it was blatantly on the contract in the contract language to facilitate and house as many animals as the City of Bremerton would bring and the only breakdown was itemizing the auxiliary runs. The entire proposal was presented to accommodate the minimum specifications on the first proposal and the second call for bid eliminated the minimum but did say: "the City of Bremerton will accept sealed bids from qualified firms to facilitate and full care services of the animals for its Animal Control Program. Contractor agrees to provide the following facilities and services as specified here and in the attached services agreement". Her proposal was submitted to not only house the animals but to handle the adoption through the guidelines of Bremerton Animal Control. They did have some disparity when it came to immunizations. She stated for the record that going through animal shelters not only in Kitsap or King County but throughout cross- country travels, there is sometimes a call for need based on housing facilities to double up animals within good ration. There have also been many lawsuits that have facilitated cities and counties who have had to do that. We are talking about a contracted private boarding facility to accommodate quality service for your citizens and animals they hold. Kitsap County Humane Society regulates kennels in Kitsap County and they would be the first to emphasize that such a private kennel should know better than to house several dogs together in one kennel run. President Horton called for a wrap up comment by Ms. Martinez. Ms. Martinez stated in conclusion, that was the way the proposal was sent and that was what they bid on in the relationship that they understood to be both proposals in both October and December. Mr. Collins questioned if Ms. Martinez understood they were bidding only on the second RFP and nothing that had transpired before? Ms. Martine~ stated yes, they bid on the second and she noted October's proposal was identical to December's except for a different call for number of runs. Mr.. Collins questioned if Ms. Martinez understood she was bidding on only specific items? Ms. Martinez stated yes, kenneling, the adoption program, temperament testing. Mr. Collins stated if his understanding was correct, Ms. Martinez was not bidding on any kind of adoption program as it was not requested. Ms. Martinez stated it was her understanding that by the literature she received that was how they bid. TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 14 of 19 Mr, Overso~ emphasized the discussion should center on a specific contract and there is a process for protesting contracts and what was being done at this time was hearing a protest, which is not Council's function. Presi4ent NoNton stated what Council is trying to ascertain is whether or not the bid document was clear and concise. Mr. Overso~ stated if that is the case, Council needs copies of all documents so they can be studied. Mr. Waibel stated because of an incongruity in bid prices, he would like to have this item tabled for further review. #3290 M/S/C/U(Waibel/Overson) to table this issue for one week until the City Attorney and City Auditor can review the bid process to make sure the City is not out of compliance with bid procedures. ?B - AMENDMENT TO THE L~BOR A~REEMENT BY ~ BETweEN THE CITY OF BREMERTON AND TEAMSTER~S LOCAL 589~ ~AB92-037 A new classification titled Department Secretary has been added to the classification plan through the Civil Service Office. The City and Union have met and agreed upon the wage grade placement for this position as set forth in the Amendment. Caroline Marshall, Director Of Personnel, stated this is a straight forward amendment to the agreement to add a classification to the Labor Agreement. Public comment - none. #3350 M/S/C(Dawkins/Colvin) to amend the LaborAgreement between the City of Bremerton and Teamsters Local 589 to add a new classification to the wage grades contained in Appendix A as set forth in the amendment to the Agreement. Vote: In Favor: Collins, Dawkins, Colvin, Overson, Fitz, Horton Abstain: Waibel 8A - ORDINANCE NO. 4360 (SECOND READINg) CREATING PENDERGAST REGIONAL PARK CONSTRUCTION FUND~ ~AB92-029 Public comment - none. #3460 M/S/C(Waibel/Dawkins) to pass Ordinance No. 4360, on second reading, providing for the establishment of a fund to be known as Pendergast Regional Park Construction Fund. Mr. Collins stated he would abstain from voting on this item due to his having been absent during first reading of the Ordinance. Mr. Colvin stated he would abstain from voting on this item due to his having been absent during first reading of the Ordinance. TAPE #992 ' city Council Reg. Mtg. Minutes February 12, 1992 Page 15 of 19 Vote: In Favor: Dawkins, Overson, Fitz, Waibel, Horton Abstain: Collins, Colvin 8B - ORDINANCE NO. 4361 (BECONDREADIN~) ~ENDING THE DEFINITION OF "RECREATIONAL VEHICLE" IN CHAPTE~ ~ OF THE BREMERTON ZONIN~ ORDINANCE ~%ND TO REPEAL TITLE 19 OF THE BREMERTON MUNICIPAL CODEr #AB92-031 Public comment - none #3690 M/S/C(Waibel/Dawkins) to pass Ordinance No. 4361, on second reading, amending the definition of recreational vehicle in Chapter III of the Bremerton Zoning Code and repealing Title 19 of the Bremerton Municipal Code. Vote: In Favor: Overson, Fitz, Waibel, Horton, Dawkins Abstain: Collins, Colvin 8C - ORDINANCE NO. 4362 (SECOND READINg) PROHIBITING THE USE OF RECREATIONAL VEHICLES IN PUBLIC PL~CESe ~AB92-032 Kathleen McCluske¥, City Clerk, noted there is a correction as follows: Item (o) .... "Habitation shall mean occupation of the vehicle for 4 hours or more between the hours of 7:00 p.m. and 7:00 a.m.". Public comment - none. Mr. Collins noted he would abstain voting on this issue to his being absent during first reading of the ordinance. Mr. Dawkins questioned how this would affect people who would attend athletic tournaments in the City. Vicki Vanneman, Director of Parks and Recreation, explained nothing has changed from past practices. They frequently allow overnight RV use of Evergreen Park for softball or horse shoe tournament. They notify the Police Department of the length of time of the tournament and approved overnight use by RV's. Mr. Waibel questioned if this would allow the City better control over where RV's are parked? Ms. Vannemen stated yes. Mr. Colvin stated he lives across the street from Lions Field and observed many people with RV's using that area, many being from ogt-of-town. He was not present during the previous discussion and felt extenuating circumstances should be written into the ordinance. Ms. Vanneman stated language is included in the ordinance that as long as the area is "signed" that RV parking is allowed in that location then they would be within the intent of the ordinance. This would include Lions Field on a tournament-by- tournament basis. Mr. Colv~ noted he would abstain from voting on this issue due to his being absent during prior discussion on TAPE #992 City Council Reg. Mtg. Minutes February 12, 1992 Page 16 of 19 this issue. President Horton pointed out this is only trying to allow the City to get a better handle on the whole situation. Additionally, this ordinance talks about "habitation" - what we are precluding is habitation in RV facilities and not precluding having a RV parked on the street as long as the hours for parking comply with the same hours for a vehicle. Mr. Overson stated the City does not want people using City Parks as RV parks. He questioned what if an individual was living in his vehicle on the street and was that covered under this ordinance? Ian Sievers, City Attorney, stated unless it could be considered a camper conversion vehicle, the Citye may want to encourage people to pull over and sleep if they become too sleepy to drive safely, and is not included in the ordinance. Mr. Colvin questioned if people could sleep in their vehicle but not in their RV? Mr. sievers stated vehicles were not included in the definition as written unless it was structurally set up for living and that they are in fact living in it. Mr. Colvin questioned if someone driving an RV became sleepy and pulled it to the side of the street would this would be allowed? Mr. Sievers stated no. #3699 M/S/C(Waibel/Dawkins)to pass Ordinance No. 4362, on second reading, prohibiting the use of recreational vehicles for habitation in public places not officially designated for that use; including the correction of hours in Item (o) of Section 10.11.010. TAPE %993 Vote:In Favor: Overson, Fitz, Waibel, Dawkins, Horton Abstain: Collins, Colvin Motion carried. 8D - ORDINANCE (FIRST READING) AMENDING THE 1992 BUDGET, ~AB92-038 Recent Civil Service position audit reclassified the Office Assistant Senior working in Chief McNeal's Office as Department Secretary. It is necessary to delete one Office Assistant Senior position to add one Department Secretary position in the Police Department to approve this reclassification. Rich Hanna, City Treasurer, stated this was companion to Agenda Item #TB, which was previously approved. He pointed out for clarification of the public this does not change expenditure authority of the Department but does bring the staffing into line with recent Civil Service findings. Public comment - none. #0199 M/S/C(Fitz/Dawkins) to approve Ordinance, on first reading, amending the 1992 Budget for Police Department staffing and Appendix A-III and amending Ordinance No. 4351. Vote: In Favor: Overson, Fitz, Horton, Dawkins, Collins Opposed: Waibel TAPE #993 ~ city Council k=g. Mtg. Minutes February 12, 1992 Page 17 of 19 Abstain: Colvin Motion carried. President Horton announced Council would hold an Executive Session following the Council meeting to discuss "litigation". 8E - ORDINANCE (FIRST READING) DESCRIBING THE UTILITIES CAPITAL IMPROVEMENT pLAN~I~DA)LENDING ORDINANCE NO. 3887 ASA MENDED, ~AB92- 039 The attached exhibits update the schedule of utility capital improvements for which external financing has been authorized by Council. This represents the first step in securing the refinancing and new capital as described to Council in a recent Study Session. Councilman Dawkins stepped down from hearing this issue based on a possible conflict of interest. Rich Hanna, City Treasurer, pointed out "emergency language" is included in the ordinance, which will require a unanimous vote of Council. The reason for the "emergency language" is that the Federal Government, through the I.R.S., has recently put into place a new body of Federal regulation governing the financing of Municipal Bond projects. Those Federal regulations will become effective on March 1 and had been pending for about 1/2 years. He emphasized, on the advice of Bond Counsel, it would be in the City's best interest to have this ordinance take affect prior to those additional regulations. The primary the reason for doing that is simply to maintain as much flexibility leaving the City as many options as possible for making future financing decisions. Essentially, the amending ordinance will not change a financing plan that was originally put in place by Ordinance No. 3887, but updates Exhibit A, which is the list of capital improvement projects authorized under that plan. Councilman Collins left the Council Chambers at 7:45 P.M. #0442 M/S/C/U(Overson/Colvin) to approve'Ordinance, on emergency basis, relating to the combined water and sewerage system of the City, amending Ordinance No. 3887, as amended, declaring the City's intention respecting borrowing for additional system improvements, and declaring an emergency. ~ Councilmen Dawkins and Collins returned to the meeting at 7:47 P.M. 8F - RESOLUTION NO. 2375 SETTING HEARING DATE FOR VACATION OF TNR NORTH Z0 FEET OF KITSAP WY ADJACENT TO AND WEST OF LOWER OYSTER BAY ROADt ~AB92-040 James Robinson Company, Inc., which is the adjoining property owner, is requesting the vacation of the north 20 feet of Kitsap Way, adjacent to the west of the Lower Oyster Bay Road and Kitsap TAPE %993 City Council Reg. Mtg. Minutes February 12, 1992 Page 18 of 19 Way intersection. RCW 35.79.010 requires the setting of a hearing by Resolution not less than 20 days nor more than 60 days after Council passage of the Resolution. Ron Hough, Planning Manager, explained the process for setting public hearings on requests for vacations and noted the Planning Commission had dealt with this item as well as item 8G. Public comment - none. %0522 M/S/C/U(Waibel/Dawkins) to pass Resolution #2375, setting hearing date for the vacation of the north 20 feet of Kitsap Way adjacent to and west of Lower Oyster Bay Road. 8G - RESOLUTION #2376. SETTING HEARING DATE FOR VACATION OF 2~120 SOUAREFEET OF RIGHT-OF-WAYADJACENTTO 1144 C~R BOULEVARD, ~AB92- 041 Richard Berg, an adjoining property owner, is requesting the vacation of 2,120 square feet of right-of-way adjacent to 1144 Carr Blvd. RCW 35.79.010 requires the setting of a hearing by Resolution not less than 20 days nor more than 60 days after Council passage of the Resolution. Public comment - none. %0587 M/S/C/U(Waibel/Dawkins) to pass Resolution ~2375, setting hearing date for vacation of right-of-way for 1144 Carr Blvd., on March 4, 1992,at 6:00 P.M., or later. 8H - REBOLUTION ~2377 IN BUPPORT OF SENATE BILL 6450 - JUMBO FERRIESt ~AB92-042 The City Council is in support of the attached Resolution on Senate Bill 6450, which would authorize two hundred and ten million dollars in general obligation bonds to be used for vessel and terminal acquisition, construction and major and minor improvements. Kathlaen McCluske¥, City Clerk, read the Resolution into the record. Public comment - none. %0677 M/S/C/U(Waibel/Colvin) to pass Resolution #2377, by a unanimous vote, in support of Senate Bill 6450. TAPE #993 ' City Council k~g. Mtg. Minutes February 12, 1992 Page 19 of 19 With no further business the mee~ng,~ adjourned at 7:54 P.M. KATHLEEN McCLUSKEY, CITY CLERK APPROVED LY~~H ORTO~'N, C~oun c i 1 President city of Bremerton KLM/LH/me cc: Normal Distribution File/Vault