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HomeMy WebLinkAbout09/30/87TAPR #484 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 30, 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, September 30, 1987, at 5:30 p.m. with Counctl Vice President Hank Waibel presiding. Council members present were Morris Dawkins, Mary Lou Long, C. R. "Tiny" Collins, Shirley Marry Crutcher, Russ Johnson. Absent were Councilmen Spencer Homing, A1Colvin and Lon Overson. Also present were City Attorney Ian Sievers and Gil Johnson, Deputy City Clerk. The meeting opened with the Pledge of Allegiance led by Council Vice President Hank Waibel and the Invocation given by Reverend Talmage Wilson of Charleston Baptist Church. CONSENT AGENDA A. Minutes' of Meeting held September 23, 1987, #AB87-255 #0040 M/S/C/(Collins/Long) presented. Vote: In Favor: Abstain: to approve Consent Agenda as Crutcher, Dawkins, Wajbel, Collins, Long Johnson #0063 CLAIM/WARRANTS REGISTER 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 which has been made available to the Council. M/S/C/U(Crutcher/Dawkins) on September 30, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 31649, 31650, 31651, 31748. 31845. 31846, 31847. and 31852 through 31982 in the total amount of $161,140.02 and Retiree Payroll in the total amount of $47,632.31 Vote: In Favor: Abstain: Crutcher, Dawkins, Watbel, Collins, Johnson Long PUBLIC RECOGNITION Charles Hamilton, 205 S. Lafayette~ expressed his concern over a large mud hole in the area of a parking'strip on his street and asked Council what could be done to resolve the problem. James Skirvinc, 1555 Marguerite, expressed his concern relating to parking strips and vehicles parking on sidewalks. He stated his belief that a street is an easement and not real property and everyone should have the right to park on the street and that the Police should not be able to ticket vehicles parked in from of the owner's home. TAPE #484 City Council Reg. Mtg. Minutes September 30, 1987 Page 2 of 9 Larry Carter, 224 S. Lafayette, spoke in favor of making Lafayette a one-way street due to parking problems and impact of having to drive vehicles over curbs onto a parking strip area and damage done to vehicles during this process. CO~]NCIL MEMBER REPORT Mr. Crutcher reported that the Council Operations Committee is studying the parking strip issue and invited anyone interested to attend the Study Session on Monday, October 5 where discussion will be held on consideration of making some streets one-way. Mr. Johnson reported he had completed two weeks of Military Reserve Duty in Washington D.C. Mr. Johnson expressed his concern that property owners receive proper notification when a public hearing is scheduled on a request for Rezone of a nearby piece of property. Mrs. Long expressed her concern that the public is not fully aware of the impact the proposed new Zoning Ordinance may have on properties and the opportunities before them to voice their objections/concerns. Also, the City Council is aware of the parking strip issue and she feels the City has the responsibility to correct the problem. Mr. Collins thanked his neighbors for attending the Council meeting and sharing their concerns regarding parking problems on Lafayette Street. Mr. Collins also shares these concerns and stated that the City requires the property owner' to repair a sidewalk if damaged due to vehicles parking on it, however, the City does not pay for damages to vehicles which are caused by having to drive vehicles over a curbing to reach parking space on parking strips/sidewalks. Mr. Collins stated he believed Council could have some type of plan in a one month period to deal with this problem. Mr. Waibel artended the Grand Opening and dedication of the YMCA facility and stressed how well the City and YMCA cooperated to accomplish this goal when others, around the nation, said it would never work...getting the YMCA and City together. to accomplish a project such as this. 6A - BID AWARD RMCOMNDATION - POLICE VEHICLES, #AB87-256 Call for bids was prepared, advertised and distributed and bids received in accordance within accepted Call for 'Bid procedures for ten (10) Chevrolet Celebrity police vehicles. Council had previously authorized lease/purchase of five (5) vehicles appropriated in the 1987 budget. Due to production problems, the order could not be processed. Because of the fleet condition, staff urges acceptance of the 10 vehicle replacement to upgrade the Police fleet to full safety and operational status. Bidders were given the opportunity to bid 1987 or 1988 models. Bids received were for 1988 models. Specifications were those recommended by ,PAS Study. Invitations to bid were sent to three firms. Two. bids were received and tabulated as follows: Brooks Biddle Chrevolet Co. Price Ea.: $11,874.7~8 Delivery: 90 Days GreyChevrolet Inc. Price Ea.: $12,989.00 Delivery: 120 Days TAPE #484 City Council Reg. Mtg. Minutes September 30, 1987 Page 3 of 9 Mr. Dawkins pointed out that there were no bids received from Bremerton area auto dealers. Gil Johnson, Deputy City Clerk, stated that requests for bids were sent out but only the two listed were received. Mr. Johnson questioned whether or not the size of vehicles ordered was that which was recommended in the ~PAS Study. Chief Lynn Coney, Police Chief, stated he based his decision on his knowledge and experience ,that the mid-sized vehicle with a V-6 engine was best suited for municipal work. Mr. Crutcher stated his understanding that five vehicles were approved in the 1987 budget and an additional five vehicles are being requested for 1988 funds. Gil Johnson, Deputy Clerk affirmed Mr. Crutcher~s understanding. Rich Hanna, City Treasurer, stated in the 1987 budget funds placed were not adequate to purchase vehicles outright - they would be purchased On some type of time'payment Plan. The plan was to purchase five vehicles in 1987 and make monthly payments through 1987, if purchased early in the year - all of those funds remain available at this time. Mr. Waibel pointed out that whether five vehicles were ordered in '1987 or 10 vehicles in 1988, there would not be adequate funds to purchase them - where are the additional funds coming from? Rich Hanna stated that was a correct statement and it was understood, whether five or 10 vehicles were proposed, there would be obligation of 1988 funds to continue to pay for the purchase of the vehicles. Mr. Waibel questioned if the Police Chief had included in his 1988 budget proposal method of payment for the 10 vehicles? Chief Coney stated yes, he is not asking for any additional sworn personnel in the Police Department for 1988. Chief Coney stated that the major emphasis for 1988 will be for capital expenditures for patrol. Mr. Waibel stated that the Council is putting their spot of approval on the first step ~in 1988 budget for the Police Department if this request is approved. Chief Coney gave a brief description of ~hat is required to ready a vehicle for service, outlining costs and equipment. Mr. Collins asked how much equipment could be salvaged from the old vehicles and when will the old vehicles be disposed of? Chief Coney etated that approximately 86,000 - $10,000 worth of equipment wtll be utilized on the new vehicles and the old vehicles will be disposed of as soon as the new vehicle comes On line. Mrs. Long questioned how much total monies would be expended on the purchase and retrofitring of the 10 vehicles? Chief Coney etated the basic ten vehicles would cost $118,747.80 and would then need the installation of light bars (utilizing 86,000 of current equipment), purchase of a first aid kit, crime scene investigation equipment, traffic investigation devices, communications equipment for each vehicle. Chief Coney stated that the 'proposed CAD equipment will not be purchased at this time as CENCOM is not prepared for connection of such computertzed equi~ment and may not be available until mid 1988. Some of the old equipment will not fit into the new vehicles. Chief Coney cited a 30% increase in efficiency can be expected when the CAD system is instituted. Mr. Johnson questioned how much of the 1987 funds were utilized for the refurbishing of four older vehicles? Rich Hanna stated within the m~intenance and operations contract TAPE #484 City Council Reg. Mtg. Minutes September 30, 1987 Page 4 of 9 #1421 with ARA Services, in addition to routine maintenance, they have been able to perform the rehabilitation work on the patrol vehicles - final accounting is not available at this time' but if they continue at the rate they are presently going, the contract will be $30-$40,000 under budget. Mr. Johnson pointed out that in the first quarter of 1983 the Council approved purchase of 15 police vehicles and 15 new light bars...are we to understand that the cars and light bars are worn out in that period of time. Chief Coney stated that the vehicles are worn out but that the light bars will be refitted to the new vehicles, however, he noted they have very nearly reached their obsolescence Mr. Crutcher expressed his concern that the City has not raised B&O Taxes to help the businesses in Bremerton but here is a situation where not one local auto dealer submitted a bid. Chief Coney stated that he and Captain Maves made several trips around the area visiting car dealers and asking them to 'respond to this process. Mrs Long questioned how many patrol cars are out on patrol at one time. Captain Maves stated there are 5 or 6 per shift. M/S/C(Dawkins/Collins) to authorize contract to acquire ten (10) vehicles be awarded to Brooks Biddle Chevrolet as to specifications and low bid in the total amount of $118,747.80 plus tax; and that the City Treasurer is authorized to negotiate a financing agreement for acquisition of the vehicles in the best interest of the City. Mrs. Long made an amendment to the motion that the City award the contract for 5 vehicles at the bid price. Motion died for lack of second. Vote: In Favor: Oppose: Johnson, Collins, Watbel, Crutcher, Dawklns Long 6B - SURPLUS OF CONFISCATED VEHICLE - B~RTON POLICE DEPARTNENT, #AB87-257 The City acquired a vehicle that is surplus to present needs. A declaration of surplus is necessary to allow disposal. Seizure of above vehicle by the Police Department granted under: 1. The RICO Act (Racketeer Influenced Corrupt Organization Act; 2. RCW 69.50.505. Mr. Dawkins questioned if the City can sell this vehicle since it has a lien against it? Rich Hanna, City Treasurer, stated that the vehicle is in above average condition and has a book value of 'approximately 86,000, which is a significant difference between the lien on the vehicle and the market. Mr. Johnson questioned statement that if the vehicle was not sold the SIU fund would not be reimbursed. Mr. Hanna explained that the SIU fund and Police Department have incurred expenses associated with this case - the Law allows any proceeds from confiscated property under this Act over and above the cost incurred in the development of the case are to be split equally between the Treasury and municipality - which provides a type of recovery of cost on a case. TAPE #484 City Council Reg. Mtg. Minutes September 30, 1987 Page 5 of 9 #1771 #1832 Mr. Collins questioned the Ctty's responsibility for a lien...the City confiscated a truck, it now belongs to the City of Bremerton. Ian Sievers, City Attorney, explained that' liens are not erased by the law...the City took the vehicle but it is sub3ect to the lien.. Mr. Sievers stated that another way to get reimbursement to the SIU fund is through the conviction of the defendant and have that person make some restitution. M/S/C/U(Johnson/Collins) to dec/are this confiscated vehicle surplus and direct that it be sold in the best interest of the City, with the proceeds going to the Bremerton Police Department S.I.U. Fund for expense, investigation and sale. The balance is being distributed pursuant to RCW 89.50.505. 8C - REQUEST FOR ASSIGNMENT OF LEASE MCCAW/PACIFIC NW CO~e~ONICATIONS TO WESTMRE'TELMPAGM, INC., #ABSY-258 McCaw is in the process of consolidating its subsidiaries in Washington into Western Telepage, Inc. Pacific NW Communications will be dissolved. This is a request for Consent to Assignment of our lease with Pacific NW CommunicatiOns to Western Telepage, Inc. M/S/C/U(erutcher/Long) to approve Western Telepage, Inc.. Assignment of Lease to 6D - CDBG S~IBGRANT AGREEMENT TO ECAP AND CITY OF BREMERTON FOR ~EPAIRS TO SMITH SCHOOL, #AB87-262 KCAP was awarded grants from the 1986 and 1987 Block Grant budgets for repairs to the Smith School roof. ECAP has a long term lease (10 years, exp. 5-97) of the facility from the City. The City approved the grant provided it was repaid by ECAP over 20 years. Since the social service agency does not own the property and the grant was used for real property, improvements with an extended life, the HUD program requires secured repayment if the qualified services are discontinued during this useful life. The contract is a novation adding the City as co-grantee and pledging the general fund as surety for CDBG fund reimbursement if required. Ian Sievers, City Attorney, stated the City provided matching funds for less than 50% roofing 3oh - it was provided in two parts in the 1986 and 1987 Block Grant budgets. The City Council approved the application only on the condition of repayment by KCAP, an interest free loan at 20 year repayment schedule of $2,000.00 per year. Basically the City provided an interest free loan for the roof for a City owned building with the Block Grant mechanism. As the roofing pro3ect nears completion it was found that the paper work on this application had not been completed providing for a promissory note for repayment by KCAP to the City and a guarantee for repayment if the qualified program is discontinued before the life of the improvements expires. The agreement being presented adds the City as co- applicant and grant recipient as owner along with KCAP as lease holder. It provides that the Clty'$ General Fund will repay the Block Grant fund if the social services is discontinued through loss of the building, sale of building or if agency vacates and ceases to use the building. TAPE #484 City Council Reg. ~tg. Minutes September 30, 1987 Page 6 of 9 #2362 Sue Motsan, 327 S. Charlotte, expressed her confusion in understanding the presentation and stated for clarification the ~ctions described and levels of City's responsibility in the event the social agency is no longer housed in this facility. Mr. Collins requested the City Auditor to give background data on this proposal. Judith Katsirubas, City Auditor, stated the prior Council's intent to repair the roof on Smith School but due to shortage of funds were unable to provide a funding source from the General Fund accounts. ECAP came to the City with a proposal... if they could borrow $40,000 from the Block Grant program they would raise $40,000 in their own private funds to repair the roof. They requested the City agree to a long term lease to insure if they made the improvement, they would be the beneficiaries of it. About two years. ago Joe Fabre started putting together the Block Grant program for this. It was determined that because the City was already funding the public service it would be appropriate to provide program funds not loan funds to KCAP for repair of the roof. Funds were disbursed in two different program years because the Block Grant fund did not have the funds to meet the grant all in one term, approximately 810,000 the first year and approximately $29,000 the second. At this point in time the roof is near completion, however, KCAP has not had the benefit of the Block .Grant funding. Ms. Katsirubas concluded with the statement that the transaction as presented is totally eligible for Block Grant funding. M/S/C/U(Crutcher/D~wkins) to approve Agreement for execution by the City. of Block Grant #2658 ?A - ORDINANCE (FIRST READING) PROVIDING FOR COPIES OF NEW NONUNION B~NAG~ CONTRACTS TO THE CITY COUNCIL AND AMENDING B.M.C. 2.49.050, #AB8Y-259 At its September 2, 1987, meeting the CAt~ Council approved a revised Personal Service Contract for nonunion management employees. Following a discussion of hiring procedures for these employees, Council requested an ordinance amending B.M.C. 2.49.050 to provide the Finance and Budget Committee an informational copy of new contracts where the employee's contract does not otherwise require Council approval. Ian Sievers, City Attorney, stated this issue came up when Council approved the new standard form contract and requested an opportunity to be informed of all nonunion management contracts which are not included under the positions to be confirmed by Council Mr. Johnson questioned the word "provisional" and wanted to be assured that Council would not be giving up any confirmation rights. Ian Sievers, stated that the City has a definite limit on length of a "provisional"' appointment and those positions that are confirmed by Council are so designated by Ordinance. Mr. Sievere also indicated that this does not expand the confirmation requirements. M/S/C/U(Collins/Crutcher) to approve ordinance on first reading, providing informational copies of the new nonunion management contracts to the City Council and amending B.M.C. 2.49.050. TAPE #484 City Council Reg. Mtg. Minutes September 30, 1987 Page 7 of 9 #3084 ?B -RESOLUTION #2182, SUPPORTING EVERGREEN BOAT LAUNCH IAC GRANT APPLICATION, #AB8W-260 This resolution is in support of the Port of Bremerton's application for Washington State Inter-agency Committee for Outdoor Recreation (IAC) funding for boat launch improvements at the City owned Evergreen Park. In continuing cooperative efforts to coordinate marine recreational development of selected waterfront improvements, the Port Commission has agreed that if the IAC application is successful, the local half of funding will be provided by the Port, the balance being IAC funded. The project was previously planned for 1987 performance by IAC, but was in competition for grant funding with the Kitsap Lake Project and was pulled by the Port. There is no competition in 1988 for the funding, therefore the application submittal is requested at this time. The Bremerton Parks Board has unanimously endorsed the application process and project. If the application is approved, the grant funded project will provide the City with an asset appropriate to its waterfront enhancement, the only cost being maintenance, which is also grant eligible. Arvilla Ohlde, Parks Director, introduced Ken Atteberry, Port of Bremerton representative. Mr. AtteberrV reported that he had met with IAC staff and they indicated their funding levels are favorable this year and they felt the Port's project was good. The Port has been seeking to find a location in Bremerton where some of the tax resources gained from city residents can be re-applied and feel the Evergreen boat launch is a good location. A good boat ramp near future waterfront development is important. Mr. Collins questioned what would the Port benefit from an Improvement such as this. Mr. AtteberrV described what the Port has accomplished in other locations, of the County on properties that they have purchased or leased. However, the Port does not own any land in Bremerton, except the First Street Dock, and in order to invest those resources must look to other public ownerships where projects, which the Port can legally develop, could be developed. ! Mr. Johnson raised point of who would be responsible for maintenance after the improvement is made. Ken Artsherry stated that the Port normally is responsible for maintenance on their "owned" properties, however, the City of Bremerton is the owner of the boat launch. However, as outlined in the Resolution the Port is open for discussion on this point if the request is approved. In the case of piling and float system the Port may have some expertise that the City could utilize or call on to maintain that portion of it, otherwise being a part of the Evergreen Park complex there may be benefit to have City crews, as part of their routine, maintain other portions of the project. M/S/C/U(Dawkins/Crutcher) to adopt Resolution #2182 supporting Port of Bremerton's application for an IAC grant to fund improvements and enhancements to Evergreen Park Boat Launch. 8A - PUBLIC HEARING AND ORDINANCE (FIRST READING) - REZONE R-2 TO LP AT 1014 FOURTH STREET, APPLICANT: DIAMOND PARKING INC. (RZ-11-87), #AB87-261 ~TAPE #484 City Council Reg. Mtg. Minutes September 30, 1987 Page 8 of 9 APE #485 On September 15, 1987, the Planning Commission voted 9 to 0 recommending approval of the proposed fezone from R-2 to LP. The City Council may sustain, overturn, or modify the Planning Commission's recommendation. Acting President Waibel asked the "Appearance of Fairness/Conflict of Interest" question with all Council members present being seated. Jack Allincham, Planning Department, stated the major issues during the review of this proposal were the goals, objectives and policies of the Comprehensive Plan, satisfaction of the fezone criteria, mitigation of potential environmental impacts and storm drainage and run off. The Planning Commission generally found that the fezone application was~ consistent with the Comprehensive Plan citing the recent Comprehensive Plan Limited Parking Overlay District. The change in circumstances - Planning Commission found there was a need for'parking around Puget Sound Naval Shipyard and the clash between residents and PSNS commuters and the relative inadequate parking that occurs around the shipyard. By rezoning the parcel to the LP District by implementing Section 745-754 of the parking chapter of the Ordinance should mitigate adverse environmental impacts regarding aesthetics and landscaping. Finally, the Commission found that the fezone would bear a substantial relationship to the public we/fare - that public would be served by this fezone by continuing to allow non-conforming use of "parking vehicles" on this property and alleviate some of the on street parking competition. By rezoning this to a Limited Parking District it creates a less non- conforming situation, landscaping will be provided and use will be a permitted use under the LP zone as it is not in the R-2 zone as it presently exists. Jack Alltnuham reported that the applicant Mr. Jim Lambert would not be able to attend the hearing. Mr. Collins took exception to language used in reference to the parking needs in the area and what the shipyard does or does not provide and the impact on residential areas. Mr. Collins stated that if someone really wanted to park inside the Shipyard they really could and he is concerned that someone in the area is painting a rather dim picture of the primary employer of the area. Mr. Alltnoham stated that these are direct quotes from the Planning Commission. Mrs. Long expressed concern regarding the storm drains that flow into a combined storm/wastewater sewer system and the types of residue/oils that could enter the sewer system from run off of the parking area. Ed Davis, Planner, passed out a letter to Council members from the Engineering Department regarding the Engineering Department's standards regarding storm water detentions. The Planning Department did address this issue but determined that it was a much larger issue than this particular fezone composes and felt 'it was not the applicants problem but the City's. Washington State is in the process of adopting legislation studying this type of problem - treatment of storm water waste. The Planning Commission is preparing a Resolution to send to City Council requesting that City Council address this issue. Mr. Waibel raised question as to the lot size and if it would require a drainage plan. Mr. Allin~ham stated that it would require a drainage plan. ' TAPE #485 City Council Reg. Mtg. Minutes September 30, 1987 Page.9 of 9 Mr. Johnson raised question that since we currently have parking on this property and once approved to LP zone wouldn't it be appropriate to put a date at which all the requirements of the LP Zone are affectire. Ian Sievers, City Attorney, suggested adding a Concomitant Agreement to assure that the current development is upgraded within a certain period of time. Mrs. Long questioned how the inequity can be resolved with a non-conforming use whereby it is being used as a parking lot and presently being serviced by a storm water/sewer water system. Ed Davis stated that it is their understanding that the State Water Quality people are culminating rules and regulations for treatment of storm water run off and should have some information to cities within two weeks. As the Engineering Department reviews this development the applicant will be required to put in a floating retention/detention system . #0691 M/S/C/(Johnson/Dawkins) to approve ordinance, on first reading, amending the use and area maps of Ordinance #1792 upon application of Rezone from R-2 to LP and subject to various requirements and other applicable laws and regulations - Diamond Parking; including a concomitant Agreement which included the requirements listed in the Engineering letter from Mr. Baker to Mr. Pratt as well as some restrictions on landscaping in the area along with a mandatory compliance date. Vote: In Favor: Oppose: Johnson, Collins, Waibel, Dawkins, Crutcher Long With no further business meeting adjourned at 7:45 p.~. APPRO NCER HO cil President m KLM/SH/me ccsss: Normal Distribution File/Vault