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HomeMy WebLinkAbout04/15/87TAPE #442 UNAPPROVED DRAFT #0026 CITY COUNCIL MEETING MINUTES APRIL 15, 1987 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, April 1987, at 5:30 p.m. with Council President Spencer Horning presidinG. Council members present were Lon 0verson, Morrie Dawkins, , Hank Waibel, C. R. "Tiny" Collins, Mary Lou Long, A1 Colvin, Russ Johnson, and Shirley Marry Crutcher. Also present were City Attorney Ian Sievers and City Clerk' Kathleen McCiuskey. The meeting opened with the Pledge of Allegiance led by President Horninq with Councilman A1 Colvin Giving the Invocation. President Hornin9 announced that 'Item #B under Consent Agenda will be heard as a separate item bONSENT AGENDA Item #A - Minutes of' April 8, 1987, #AB87-115 M/S/C/U(Waibel/Collins) to approve Minutes of meetinG held April 8, 1987 as presented. PROCLAMATION Ms. McCluskey read proclamation whereby Mayor Gene Lobe proclaimed the week of APRIL 13 - 19 as WEEK OF THE YOUNG CHILD, to work toward the well being of all children in our City. SPECIAL AWARDS Gary Scott, Battalian Chief Bremerton Fire Department, presented a Resolution of Commendation to Douglas Fairweather and Rene Reidel for their CPR life savings assistance to Marion Brewer who was in cardiac arrest in j. C. Penneys on December 11, 1986; and a Resolution of Commendation to Helen Westover and Betty LaGer for their CPR life savings assistance to Harold Zehm who was in full cardiac arrest at the Family Pancake House on December 13, 1986; and a Resolution of Commendation to Dave Oaks and Brian Hoffman for their prompt action in reporting a house fire in progress at 1309 Crawford Drive and assisting the occupant out of the burning residence, thereby saving both a life and a home. Item 2B - Bid Award Recommendation - Public Defender Services, #AB87-116 Requests for Statement of Qualification and proposals were prepared, advertised and received in accordance with accepted Call-for-Bid procedures for Public Defender Services for indigent defense in Bremerton Municipal Court. Seven proposals were received. Proposals were reviewed by two attorneys representing the Kitsap County Bar Association. The review of Statements of Qualification reflected that all firms are qualified to provide the requested services. Review also included the firms' attorney and support capability relative to staff size. The final phase of review considered financial proposals received. For purposes of public disclosure, a member of the recommended law firm is the spouse of the Director of TAPE #442 City Co_u~cil Rag. Mtg. Minutes April 15, i987 Page 2 of 7 #1557 Administrative Services. Ms. McCluskey was not involved in the bid process, she will not be supervising or evaluating the contractor and she does not approve payments. These areas are the responsibility of the Municipal Court. An Executive Session was called at 5:40 p.m. with Council full Council reseated at 6:25 p.m. Mr. Waibel'excused himself due to a conflict of interest. Gil Johnson, Purchasing Agent, briefly outlined the public .notice for bid procedure and noted that Ms. Childtess, Assistant Court Administrator, and himself were present during the bid opening and review process. Lena Swanson, 2123 Snyder Avenue, Ralph Spear, Glenn Jarstad,- 2823 Hefner, spoke in favor of awarding the contract as recommended, with a show of support that there was not a conflict of interest issue involved. Art Anderson, 1712 Ohio Avenue, Bert Gegner, 934 Washington spoke in opposition, citing Ordinance No. 3967, Ethics Ordinance and questioning appearance of fairness issue. Mr. Jim Sells, a principal in the recommended firm, offered to standby for any questions Council may have. Mrs. Long raised questions as to the appearance of fairness issue and wished to contact the Attorney General's office for an o~inion before proceeding with awarding of bid and also reqr.:st the Ethics Commission to review this issue and provide Council with a recommendation. Ian Sievers, City Attc-ney stated that the Ethics Commission is currently reviewing the Ethics Ordinance and will bring suggested changes to Council for their apptovai. Mrs. Long pointed out that a handout, given out shortly prior to Council meeting by Mr. Johnson, included an additional name of bidder which was not included on the information provided in Council Agenda. Mr. Colvin thanked citizens for their comments and due to the appearance of fairness question desired to investigate this further and would llke an opinion from the Ethics Commission. Mr. Collins stated that the firms more highly qualified are the those which are currently serving the city as Public Defender, Steve Bennett and Bartholomew & Johnson,. who serve as a backup. M/S/C(Cqllins/Overson) to continue for one week during which time CoUncil directs the Court to make an evaluation of 'the two firms, who are presently performing the Public Defender functions for the City of Bremerton, and to provide Council with an evaluation of these two firms for their consideration. Vote: In Favor: Collins, Long, Colvin, Johnson, Overson, Horning Abstain: Dawkins Mr. Waibel re3oKned Council. CLAIMS/W~RRANTS REGISTER Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement TAPE #442 City Council Rag, Mtg. Minutes. April 15, i987 Page 3 of 7 #1606 claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. M/S/C/U(johnson/Colvin) on April ]5, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants 28977 through 29080 in the total amount of $86,932.91 PUBLIC RECOGNITION Phil Drouin, 103 Olympic Avenue, spoke on behalf of the Busy Hands Extension Group regarding the State wide Spring clean up which is titled, "Spring Rally". He gave update on use of City Jail inmates and thanked Council members for the abandoned car ordinance which is helping to clean up the City. Dick Brinkerhoff0 347 N. Callow, who is a downtown business owner, stated his concern for adequate police protection in the downtown area. He also expressed concern over th~ possibility of one-way-streets and the financial impact such a change had on business in other cities who implemented such a plan. Glenn Jarstad, 2823 Hefner, voiced his concern that the City of Bremerton is giving away Rescue One services to surrounding areas and the possibility of no~ being available to service the citizens of Bremerton aaequateiy during times of emergency. Bert Gegner, 934 Washington, expressed his concern as to the implementation of the Abandoned Vehicle Ordinance, particularly relating to long termed, parked vehicles with Residential Permit stickers. RoV McGinnis, 1711 Maple, stated that the Ethics Commission is reviewing the Ethics Ordinance and will be coming before Council with some recommended changes. Also, the Commission was concerned that a Hearings Examiner is not named and whether or not reference to same should be deleted fllo~n the Ethics Ordinance. Lena Swanson, 2123 anydot, voiced her concern over non-- uniformed City employees being treated fairly and paid an equitable salary. 6A - INFORMATION ITEM - ARMED FORCES DAY PARADE AND OUTDOOR LIVING FAIR, #AB87-~17 The Bremerton Area Chamber of Commerce has applied for a special event permit for the annual Armed Forces Day Parade to be held oA May 16, 1987. In conjunction with the Armed Forces Day celebration Bremerton Main Street Association has applied for a special event permit for their Outdoor Living Fair to be held on 4th Street in front of City Hall and in the former Sears Building. This event will commence after the Parade and continue through Sunday May 17. COUNCIL MEMBER REPORTS Mr. Colvin, reported that he visited the City of Everer~ and met with the City Manager and shared information of similarities between the cities along with a number of differences,( i.e, no parking meters, no B&O Tax, etc.). 7A - PROFESSIONAl, SERVICES COT~TRACT __.~gOTT ALEXANDER, GOLF P_ROFESSInNAI., #AB~7.718 #2960 #3165 TAPE #442 City Council Re~. Mtg. Minutes April 15, 1987 Page 4 of 7 It is the request of the Golf Course Board of Directors to renew Scott Alexander's contract for one year period (1987). With the exception of minor housekeeping changes and a percentage compensation basis rather than an annual salary, the contract is similar to his previous contract with was for the last 27 months. The approved Golf Course Bugget estimated Green Fee Revenues of $335,000.00. The Golf Professional salary was $35,500.00. Based on the percentage formula, if the $335,000.00 is achieved the Professional would receive $35,250.00. Green Fees received above $335,000.00 would result in additional income for the Professional as would the Golf Course 407 Fund. Ray Foley, Parks Superintendent, cited the efforts to improve the Golf Course, noting an increase in Green Fees over the past two years. Mr. Dawkins, Mr. Johnson and Mr. Colvin commended Mr, Alexander for doing a fine job. Mr, Dawkins raised question as to reason for increase of revenues, noting that there was an increase in Greens Fees during this period. M/S/C/U/(Waibel/Coillns) to approve Professional Services Contract for Steve Alexander, Golf Professional. Scott Alexander, Golf Professional, expressed appreciation for the cooperation he has received. his 7C - LEASE AGREEMENT - GOLF COURSE CONCESSION, #AB87-120 It is the request of the Golf Course Board of Directors to renew Scott Alexander's Concession Lease Agreement. This agreement is the same as the Agreement that was executed for 1986. Scott Alexander was available for any questions arid stated he was keeping the restaurant open longer hours and providing services toward the needs of the golfers. Mr, Waibel stated since the contract before Council retroactive to January 1987, u:~.der ~Lat a ~hol"i tU was Fr. Alexander operating current operations? Mr. Alexander stated that his previous contract had a "roll-over" clause which was in effect until a new contract was negotiated. M/'S/C/U(Collins/Colvin) to approve Concession Lease Agreement between City of Bremerton and Scott Alexander. 7B - PROFESSIONAL SERVICES CONTRACT - STEVE MILLER, #AB87-119 It is the request of the Golf Course Board of Directors ~o renew Steve Miller's contract for a one year period (1987). With the exception of minor housekeeping changes and provisions for a salary increase the contract is similar to his previous contract which was for two years. Steve Miller's annual salary 1985 - 1986 was $34,000.00. The new contract is recommending a $38,000.00 salary. RaV Foley, Parks Superintendent, was available for any questions. Steve Miller, Green ~eeper, stated he is doing the best he can with what is Oeing provided and is making progress in i;nBr{:ving the golf co,first.'. TAPE #442 City Council Reg. Mtg. Minutes April 15, 1987 Page 5 of 7 #3342 M/S/C/U(johnson/Waibel) to approve contract between City of Bremerton and Steve Miller as Greens Keeper. #443 #0067 #0091 8A - ORDINANCE (FIRST READING) RELATING TO ISSUANCE AND REVOCATION OF MASSAGE PARLOR LICENSES AND AMENDING CHAPTER 5.92 OF T]~E BREMERTON MUNICIPAL CODE, #AB87-121 City Council directed that the Council approval of Masseuse Ordinance be deleted as Council does not approve other license and permits and the guidelines for obtaining a license are clearly set by State and City laws. With further amendment to include the Hearings Examiner provision as contained on other licensing ordinances. M/S/C/U(Dawkins.'Johnson) to approve Ordinance on first reading relating to the issuance and revocation o~ Massage Parlor Licenses and amending Chapter 5.92 of the Bremerton Municipal Code. 8B - ORDINANCE #4105, (SECOND READING) ANNEXATION OF KITSAP LAKE DIVE--IN PROPERTY, #ABS?-llO On February 18, 1987, after a Public Hearing, the City Council voted to approve acceptance of the Kitsap Lake Drive-In Property. Ordinance was approved on first reading on April 8, 1987 M/S/C/U(Waibel/Dawkins) to approve Ordinance #4105 on second reading providing for annexation of certain territory to the City of Bremerton and incorporating the same within the corporate limits and assigning a portion of it to be the manufacturing zoning use classification. 8C - RESOLUTION 2165, COMMUTERS, OCCASIONAL FERRY RIDERS, PROPERTY OWNERS IN THE CITY OF BREMERTON AND STATE OF WASHINGTON TAX PAYERS OPPOSE ANY REDUCTION IN CAR/PASSENGER FERRY SERVICE, #AB87-122 Councilman Mary Lou Long submitted this Resolut~o~ stating: "all statements on Resolution and on Dellall of those Bremerton residents we represent and all property owners in Bremerton and for the good of all those Washington Ferry riders, I feel it our responsibility to request a full evaluation of the performance and test trial run results of ~he foo. t ferry service and that this Council in at1 official capacity stand firm against any reduction in service of the car/passenger feFries. The following individuals spoke in opposition to any changes of ferry service to and from Bremerton: Michael Lyman 1015 Perry Avenue; Jim B~sh, Seattle; Joe St. Aubin, Seattle~ Lena Swanson, 2123 Snyder Avenue; Merle Curry, 1143 Magnuson Way; Bob Smitter, 1511 Park Avenue; Bernard Holland, 1801 S. Marine Drive; Mark CamerOn, 5105 Werner Road; Daue Henderson, 1115 Walnut; issac Soriano, 5'20 Burwell; Lloyd Sheldon, 3061 Lake Flora Rd., Port Orchard, Violet O'Donnel, 704 Chester; Ruth Davies, 1511 Park Avenue; Mert Gegnan, 7109 Treemont Lane; Karen Hoover, 646 Wilbert Avenue; Kenneth Martin, 440 Washington Avenue #12; George Allen, 1300 NE Dawn Road; Howard Haggar, Bremerton business owner; Bert Gegner, 934 Washington Avenue; S. Tuai, Port Orchard. The major issues brought up by these individuals included: handicap accessibility on passenger only ferry, dependable schedules, equiplnent maintenance and safety, i:u'~:stlgation !:~c l'~,~!'~!~p S~,~ l~iI:S ~'~]at i:tC tO i: ~,:a~c~ L,~ TAPE #443 City Council Reg. Mtg. Minutes April 15, 1987 Page 6 of 7 ~PE #444 #1418 #1548 receipts for Bremerton rldership, City Council support of ferry rider issues and continuance of a dependable ferry service to and from Bremerton. Mrs. Lonq introduced her proposed Resolution in its entirety and challenged fellow Council members to make a strong stand against the State Department of Transportation making any changes which would lessen the ferry service to and from Bremerton. Mr. Waibel, Mr. Colvin, Mr. Collins, Mr. Johnson, Mr. Overson and Mr. Horninq supported taking action to contact legislators directly and by letter stating concerns and the desire to work cooperatively to help resolve some of the concerns pointed out by the ferry users. Mr. Waibei oc~inted out the personal and direct efforts by himself, Mr. Collins and Mr. Dawkins in talking with State Legislators on the ferry issue. Mr. Johnson stated he could not support a Resolution which inferred the City would file suit if changes to decrease ferry service were made by the Department of Transportation. M/S/C(Waibel/Collins) moved to continue the City Council meeting to Thursday, April 16, at 5:00 PM, to address the Resolution which was introduced, in order to prepare for presentation of a Resolution at the DOT meeting on Monday, April 20. Vote: In Favor: Oppose: 0vetson, Dawkins, Waibel, Collides, Colvin, Johnson Mary Lou Long 9A - PUBLIC HEARING - CONTINUATION OF HEARING STREET VACATION PORTION OF KITSAP WAY NEAR INTERSECTION WITH CORBET DRIVE, APPLICANT JOE MENTON, #AR87-074 ' President Homing asked the "Appearance of Fairness/Conflict of Interest" question with all Council remaining seated. Don Pratt, Planning Director stated ~he Planning Cf~mmlssion at their February 17, 1987 meeting unanimously approved a Street Vacation request for a portion of Kitsap Way near Corbet Drive, with several conditions. The major issues that they found included protection of City and private utilities by easements, survey requirement to clear uncertain property and right-of-way boundaries and compensation .to the City for the vacated portion of the right-of-way. Additional]y, a pre~;io~s hearin~ hel~ one month ago at which additional issues were raised relative to need for this right-of-way for future expansion of the road relative to an intersection ad3acent to the property. The applicant, Joe Mentor, was aware of tonights meetings but is not present. Mr. Pratt noted that he had distriOuted a documents, prior to Council meeting, which addressed questions raised at the previous hearing. M/S/C/U(Overson/Johnson) moved to disapprove request for vacation of street. Meeting recessed at 10:38 p.m., to be reconvened at 5:00 p.m. on Thursday, April 16, 1987 TAPE #444 City Council Reg. Mtg. Minutes April 15, 1987 Page'7 of 7 ?APE 445 APRIL 16, 1987 Council Meeting reconvened at 5:07 PM, in the City Council Chambers, .of the City of Bremerton. Mr. Crutcher joined the meeting. Mr. Johnson mad~ a presentation which included identifying the target organization/agency to approach, unity of ferry user/business community groups, identified ultimate goal which included elements of better scheduling, better boat mix, handicap accessibility, better maintenance, coordination with other mass transit and resolution of the ridership statistic issue and additional steps to work toward resolving major problem areas, Part of this proposal was to work closely with the legislators amd representatives on the Transportation Commission, particularly Those representing Western Washington. Mrs. Long strongly urged her fellow Council members Eo not dilute the strength of their effectiveness and to adopt the Resolution as she proposed including the statement that the City would file suit if lesser ferry sec.~ic~s' ~,~'e implemented. Mr. Sievers, City Attorney, explained that individuals had more rights to bring suit against the State than municipalities and that he has an ethical code which does not allow him, as an attorney, to file unnecessary suits. Mrs. Long urged Council to move forward and not put off taking immediate steps to adopt the Resolution as presented. President Homing pledged to the ferry riders that he would prepare a letter to the State Transportation Committee, with cop~es to key legislators, stating the importance of maintaining the current level of ferry service. #2943 M/S/C/U(Collins/Waibel) moved that Council President direct the Legislative Affairs Officer to draft a resolution incorporating acceptable portions of Mrs. Lung's proposal and further endorse in a coalition to follow the fer~"y i~sne with Council representatives and that members of this Council work with the ferry riders to develop a Plan of Action and that said resolution will be acted upon a the next City Council meeting on April 22, 1987. With no further business meeting adjourned at 7:20 p,m. KAT~LEEN L. MCCLUSKEY, CItY CLERK APPRO D SPE ER HORNI il President KLM/SH/me ccs: Normal Distribution File/Vault