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HomeMy WebLinkAbout11/12/86TAPE #397 UNAPPRUv~ I~Agr #0052 #0068 CITY COUNCIL MEETING MINUTES November 12, 1986 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, November 12, 1986, at 5:30 p.m. with- Council President Spencer Horning presiding. Council Members present were Morris Dawkins, Marry Crutcher, Hank Waibel, "Tiny" Collins, Mary Lou Long, A1 Colvin and Russ Johnson. Also present were Acting City Attorney Lorna Corrigan and Deputy City Clerk Gil Johnson. Absent was Lon 0vetson. The meeting opened with the Pledge of Allegiance led by President Hornin~ with Council Member Colvin giving the Invocation. Mr. Horninq noted that Item #6C - Budget Adjustment 303 Civic Improvement Fund, #AB86-429, was pulled indefinitely. CONSENT AGENUA Item #A - Minutes of November 5, 1986, #AB86-425, and Item #B - Change Order No. 2 to Contract C-2 Oyster Bay Force Main, #AB86-426. M/S/C/U/(Waibel/Long) to approve the Consent Agenda as pre- sented. CLAIMS/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 November 12, 1986, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #26374 - #26426 in the total amount of $57,309.70. COUNCIL MEMBER REPORTS Mr. Johnson stated there will be a Public Hearing on the Mayor's proposed 1987 Budget recommendations at the regular City Council meeting, Wednesday - November 19, 1986, 6:30 p.m. or after. Mr. Colvin supported the efforts of Mr. Johnson in meeting the timelines of a difficult Budget year. Mrs. Lonq reported (1) the Public Works Council Committee met last Friday which included Messers Dawkins, Crutcher, Collins and herself. Also present was Mr. Bill Duff¥ and Mr. Ken MacKenzie who along with the committee reviewed the areas within the City that experienced flooding recently. (2) Contacted the City Treasurer and, to date, there has been no reimbursement from the "Parks & Recreation Bond Levy Committee" for the cost incurred by the City for placing the issue on the ballot. She said the committee stated it would pay for all costs incurred. She requested that City Council send a letter to remind the Committee of it's obligation to the City. Mr. Waibel stated he took the opportunity to ride with a Police Sergeant on Halloween night which was a very enlightening event. Mr. Crutcher spoke about the Council Safety Committee meeting held today, and responded to Mr. Roy McGinnis TAPE #397 ._~ City Counci eg. Mtg. Minutes November 12, 1986 Page 2 of 7 concerning whether or not to replace a "Yield-the-Right- Away" with a "Stop" sign at Fir Avenue. He also conferred with the Police Department regarding the reference accident that Mr. McGinnis had previously inquired about and was satisfied with the response from the Department. Mr. Crutcher stated that four accidents in four years does not justify a priority area that should be changed to a "Stop" sign. Mr. Horning stated he was honored to be the keynote speaker at the Veteran's Day Celebration held at the Middle School. PUBLIC RECOGNITION Ms. Dorothy Christensen, 419 Plum, complained about the planter trees on downtown streets and the fact that many of the cement squares surrounding the trees pose a hazard such as occurred to her today when she caught her heel but did not fall. She felt it left the City with possible liability. She suggested grates or guards be placed surrounding the drop-off of each square. Ms. Christensen also was concerned about the employee morale which is at one of the lowest ebbs in many years. She thought more management should possibly be replaced or eliminated to correct the problem. Mr. Roy McGinnis, 2711 Maple, thanked Council Member Crutcher for his investigation of his complaint regarding an accident at Fir and Callahan. He stated he had contacted his own City Council District member who felt it would not be a problem to replace the Yield sign for a "Stop" sign. Mr. Joe Stadler, 908 McKenzie, felt Ordinance #4061 and Ordinance #4062 (Mentor) be repealed. He stated that Joe Mentor is not executing the Site Plan as specified and Planning and Building Departments seem not to care. He distributed pictures of how the fence and materials used was erected. Mr. Stadler noted that "planters" were installed on top of fresh asphalt with evergreen trees and dirt placed within the 2" x 4"'s. A local nursery stated they would die within a few weeks without being buried in the soil. He presented Council with the pictures of the site and complained that the drain system also did not meet codes. Mr. John Durst, (Owner) of rental/917 McKenzie, also offered pictures and noted the inferior fencing will impact his ability to rent, sell or improve his property. He felt the City is not being responsive to the neighbors concerns. Mr. Randy Loun, Legal Counsel - (J.Stadler), stated the conditions, as Mr. Mentor is developing, pose possible liability to the City. When substantial rains do occur, it is questionable the drain installation will carry the flow which could cause flooding of the immediate area and residences. Vehicles may be damaged using the alley which all are time consuming and cost money defending. Mr. Horninq asked that the City Attorney bring Council up to date with Ms. Corriqan stating she will advise progress at next weeks City Council meeting and will meet with Mr. Don Pratt to determine sequence of events to date. Mr. Brooks Synder 416 South Lafayette, Representing Senior Citizens and Retired Services Exchange, stated his organization (SCARCE) has rented property from Tacoma Screw at 9th & Wycoff. He stated they have notified the group that their lease will expire, however, they proceeded to do some remodeling which damage some of their stock. He asked that verification of a Building Permit be done because he TAPE #397 _. City Counci! ~g. Mtg. Minutes November 12, 1986 Page 3 of 7 #1138 felt the work. Mr. Snyder also reported kids stuffing pumpkin refuse down a storm sewer drain on South Lafayette. Mr. HorninG announced that in order to vote on the CDBG Funds, Council members must have artended the Hearings before the Public. Both Mr. Dawkins and Mrs. Lon~ stepped down. ALLOCATION OF 1987 CDBG FUNDS, #AB86-427 The Mayor's 1987 CDBG proposed program was submitted to Council October 24, 1986, and a public hearing was held on October 27th. Federal rules require submittal of our 1987 CDBG application no later than November 31th. Estimated amount of 1987 CDEBG grant is $S50,000. Recommendation to Council is as follows: #87-001 Mainstreet Association #87-003 YWCA's Alive Shelter Project #8?-006 Urban Renewal Plan #87-00? Revision of Shoreline Master Plan #87-008 Adolescent Unit - Residential Treat- ment Center Construction #87-010 Kitsap Co. Pro3ect Family #87-011 Rape Response-Legal Advocacy #87-013 Waterfront Development Manager #87-014 Public Beach Access Tower at East End of Fourth Street #87-018 Rehab. Exterior of Warren Avenue Girl Scout Hall #87-019 Evergreen Park Picnic Shelter & Play- ground Equipment #8?-020 Summer Recreation Program for Special Populations #87-O21 Warren Avenue Playfield Renovation #87-022 Retrofit Bremerton Municipal Swim Pool #87-023 Kitsap Community Action Program-Medi- cal Referral Line #87-024 Smith School Building Roof Repair #8?-025 CDBG Administration #87-026 Housing Administration $ 11,250 3,000 19,486 18,272 25,000 3,750 3,600 20,395 49,750 14,600 22,124 15,388 19,957 71,148 6,075 10,713 20,992 14,500 $350,000 Mr. Donald Pratt Planning Director, stated that the Mayor's Community Development Committee, composed of Bob Moore, Faye Doyle and Bruce Larson recommended approval as presented. · M/S/C/U/(Collins/Crutcher) to (1) Adopt the 1987 CDBG pro- posed program; (2) Council authorize the Mayor to execute the final Block Grant application, and (S) authorize the Mayor to contract with subgrantees for 1987 funds. Dawkins a Long returned to the meeting. REVISED EQUIPMENT MAINTENANCE RATES FOR STREET DEPARTMENT, 8AB86-428 Equipment maintenance rates, for 1987 have been revised downward. In light of the Street Departments projected budget deficit it seems prudent to change the reates paid by the Street Department to the new schedule effective as of October 1, 1986. Mr. Ken Brees, Street Superintendent, explained that this would reduce costs in an already strained budget until years end. Mr. Rich Hanna, City Treasurer felt there is no impact other than a possible savings to the Street department of $24,000 in their 1986 Budget. He also emphasize that this would not affect other departments. TAPE #397 City Counci. eg. Mtg. Minutes November 12, 1986 Page 4 of 7 #1441 M/S/C/U/(Waibel/Colvin) to approve implementation of 1987 maintenance rates by Street department, effective October 1, 1986. CONTRACT FOR PROFESSIONAL SERVICES FOR THE STUDY OF THE POLICE DEPARTMENT PER SLI 18(b), #AB86-417 The City Council, through SLI 18(b), requested an outside study of the Bremerton Police Department and allocated $15,000 for this purpose. The Audit Committee prepared an RFP; responses were received from three qualified agents. Public Administration Services was evaluated to be the LEAST COST/best qualified vendor with a final bid price for the City's scope of work of $25,750. The City Council has been kept apprised of the Audit Committee's RFP process through its Study Sessions on March 25th and August 4, i986. The Committee's selected best qualified bidder submitted a price that exceeds the Council's allocation for the project. The Audit department budget has $16,550 available and a Budget Adjustment of $9,200 is needed to effect the contract negotiated price. The Treasurer and Budget Analyst have affirmed that the needed funds are unencumbered in the Animal Control budget. Ms. Judith Katsirubas gave a brief history of the need to proceed with this Study. She stated a similar action was requested in 1983 however fell short of funding. The Police department risk assessment must be objective and subjective. She stated the purpose of the study is an audit of areas that need to be addressed but she clarified, even the most qualified Auditors, having never served in Uniform/Emergency Services would probably be unable to perform the type of Audit necessary to effectively make recommendations for improvement within the structure of the department. Ms. Katsirubas gave an overview of the individuals, making up the "Public Administration Services" (recommended contractor), and their particular expertise in Police Science. An individual who will direct the audit team has served on Kansas City Police department and has extensive Police background. Mr. Stan Christensen, 419 Plum, President/Sheridan Park Neighborhood, was encouraged to hear an evaluation was going to be done on the Police Department. He asked if Public would be allowed to have imput or be interview by the audit team. Ms. Katsirubas explained to Mr. Christensen that this is not an investigation of the department but an audit and result will be public after the audit is comDieted and accepted. Lorna Corriaan added that the purpose of the audit is to outline a better way of accomplishing results with less cost, and not an investigation. Mr. Roy McGinnis expressed concern that the Study is costing much more than appropriated and how will the transfer of money from Animal Control impact it's operation. He was advised that it was surplus to Animal Control needs for 1986 budget because one position was not filled. Ms. Dorothy Christensen concurred that Chief Christensen had attempted to bring in the Washington Chief & Sheriff's Association to do a study except the funding, as stated by Ms. Katsirubas, was not made available but the job needs to be done. Mrs. Long asked what was the basis for the $15,000 cost estimate. Ms. Katsirubas stated there was no basis but it was felt that it was a reasonable cost. Mr. Colvin and Mr. Waibel both supported the study. Mr. Crutcher thanked the City Auditor for the superb preparation and also Mr. Johnson's efforts and direction. Mr. Dawkins noted that the highest quotation was approximately $39,000, therefore this recommendation seems reasonable and he would support. Mr. Johnson appreciated the comments by Mr. Crutcher, but noted other individuals responsible for the extensive program. TAPE #397 City Council g. Mtg. Minutes November 14, 1986 Page 5 of 7 //=2993 · M/S/C/U/(Johnson/Colvin) to approve the Budget Adjustment Request to move $9,200 to the Audit Department Professional Services category for this project and approve the contract between the City and Public Administration Services. REIMBURSEMENT AGREEMENT FOR EXTENDED WATER LINES, AB86-430 The owners of Easelwood Honda, 520 West Hills Boulevard (off Werner Road), installed at their expense, an extension of the existing distribution system which was required in order to be provided domestic and fire protection services to their new facility. The owners have now requested that a Reimbursement Agreement be entered into with the City, per the provisions of Bremerton Municipal Code 15.04.500, which would permit them to partially recover their costs of the water line installation from any other developer that wishes to be provided water service from said water line extension. Mr. Bill Duffy, Water Utility Superintendent, stated there would be a 5 year Sunset Clause included in the agreement. He recommended Council approval. Mr. Stan Christensen, 419 Plum, does not feel the City should be in the collection business for private business. Mr. Duffy explained there are only four parcels that would be served and he said it was doubtful the original owners would make any additional money from the Agreement. TAPE #398 #0~21 · M/S/C/U/(Waibei/Dawkins) to approve a Reimbursement Agree- ment and authorize the Mayor and the City Clerk to sign the Agreement in behalf of the City of Bremerton. AMENDMENT OF CONTRACT #2616 - PROFESSIONAL SERVICES, ECONOMIC AND ENGINEERING SERVICES, INC. #AB86-431 The current contract for operation and maintenance of the Utilities Wastewater Treatment Plant and related appurtenances is due to expire at the end of this year. Due to recent revisions to Federal Tax laws governing service contracts of this type together with a lack of in-house technical and support staff, and further, to avoid any possibility of a conflict of interest with respect to the selection process, the Utility is recommending that the City enter into a professional services agreement with the consulting firm of Economic and Engineering Services (EES), Inc. of Olympia. EES shall have the responsibility for the preparation and review of requests for proposals from all qualified contractors for the operation of the treatment plant facilities, as well as the development of an improved contract which meets current Federal, State and City regulatory requirements. The estimated cost is not to exceed $20,000. Mrs. Long asked why the City does not have employees competent enough to prepare the specifications and bid with City Attorney Lorna Corriqan stating she feels it would be unethical and against the Canon-of-Ethics for her to represent the City with the influx of new tax laws. Mr. Horninq agreed, and since this a multi-million contract for operation of the new Wastewater Plant, worth getting the best contractor. Mr. Duffy estimated the City will probably obtain a 5-year contract therefore this similar expense will not occur often. #0918 · M/S/C/U/(Collins/Johnson) to authorize the amendment of contract #2616 with Economic and Engineering Services, Inc. of Olympia to assist the Utility in negotiating a service contract for the operation of its Wastewater Treatment Facilities per the attached Scope of Work. Recessed from 7:40 - 7:50 p.m. TAPE #398 City Council 'g. Mtg. Minutes November 14, ~386 Page 6 of 7 #1005 #2i43 s OLYMPIC CABLE T.V.FRANCHISE, ~AB86-424 The Cable Franchise requires payment of 5% of gross receipts to the City. Jackson Park and PSNS are serviced by Olympic Cable. They are paying an administrative fee to the Navy for this contract. They refuse to pay the City the franchise fee on the basis that they are only to pay one fee either to the Navy or the City. The transfer to Rock Associates was contingent upon payment into escrow of the fee. It appears that Olympic transferred all assets except those in the Bremerton franchise are to Rock Associates in order to get around this requirement. To date no payment has been received for Jackson or PSNS. Mr. Johnson stated it would mean cutting service for these areas but there is substantial financial losses to the City by lack of cooperation of this Cable firm. · M/S/C/U/(Johnson/Colvin) to direct City Attorney Corriqan to commence necessary legal action. ORDINANCE (FIRST READING) PARKING VIOLATORS PENALTIES AMENDING ORDINANCE 2848, REPEALING ORDINANCE ~3664, #AB86- 432 The proposed Ordinance would reduce the penalty for late payment of parking infractions to five ($5.00) dollars from the present twenty-five ($25.00) dollars. This will set the penalty rate at a more reasonable level, comparable to that used by other cities in the area. Mr. Rich Hanna noted that he was reviewing the Municipal Code and discovered, although a penalty of $25.00 dollars was to be assessed on the second notice, it has never been enforced nor noted on the Parking tickets. Mr. Stan Christensen felt $25.00 is a harsh fee for a parking infraction. After Council discussion it was noted that several other areas within Ordinance #2848 should be addressed, along with this proposed change with City Attorney Corriqan concurring. Section #7, Section #8 - Holidays, Section #12 - authority for collection (Police or City Treasurer), the addition of notification of the Department of Licensing of unpaid Parking infractions, Repeat offenders, etc. Ms. Corriqan recommended the ordinance as a whole be amended at one time rather than spot amendments and it is obvious that it will need more attention than requested on tonight's action. Ms. Cottitan also recommended against DOL notification and instead using the verbiage "may be notified". There was concern by Mr. Collins that it would do any good in submitting offenders of unpaid infractions in DOL, especially if the local license tab center was not on computer. M/S/C/(Waibel/Coivin) to table first reading of an amending Ordinance to Ordinance #2848, and remand back to the Council Public Safety Committee to address the ordinance as a whole with a recommendation back to City Council. VOTE: In favor: Dawkins, Crutcher, Waibei, Collins Colvin, Johnson & Homing Opposed: Long Motion PASSED. ORDINANCE (FIRST READING) RELATING TO UTILITY OCCUPATION TAX AND AMENDING ORDINANCE #3988, #AB86-433 An apparent typographical error in Ordinance No. 3988 resulted in the Ramp-down of the water occupation tax being scheduled to occur at the rate of 1/10% per year instead of the intended 1% (one-percent) per year. The proposed ordinance corrects this error. Mr. Hanna stated the ramping down will not be implemented until January 1, 1987, with a #2383 T~PE #398 City Council '~. Mtg. Minutes November 14, ~86 Page 7 of 7 10.0~ based figure commencing Katsirubas noted line 7, para. Correction so noted. January 1, 1986. Ms. 2 should be...lO.0%... M/S/C/(Long/johnson) to approve an ordinance, first reading, relating to Utility Occupation Tax on Water and Wastewater Utilities and amending Ordinance #3988. VOTE: In favor: Dawkins, Crutcher, Waibel, Long, Colvin, Johnson & Homing. Abstain: Collins Motion PASSED. With no further business, meeting adjourned at 8:21 p.m. APPROV : ER HORN~ ' CC: Coun 1 President Normal Distribution File/Vault Clerk