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HomeMy WebLinkAbout06/27/84TAPE ~153 ~0000 CITY COUNCILM~ZrINGMINUTES June 27, 1984 The regular meeting of the City Council of the City Of Bremerton, Washington, was held in the City Council Chambers, 239 Fourth Street, Bren~_rton, Washing- ton, Wednesday, June 27, 1984, at 5:30 p.m. with Council President Art Ander- son presiding. Also present were Councilmen Bill Amo, Jim ~zlrian, Phil DroLLin, Spencer Homing, Russ Johnson, Roy Mosely and Clyde Pachek; City Attorney Bill Broughton, Mayor Morrie Dawkins and Kathleen McCluskey, City Clerk. Absent Councilman Sturdivant. The meeting opened with the Pledge of Allegiance and the invocation was given by Councilman Clyde Pachek. ~0049 CONSENT AGEINDA #AB84-313 & 335-340 City Clerk McCluskey read the consent agenda to include, Minutes of June 13, 1984, Change Order #11 to Contract C-l; Change Order #5 to Contract C-3; Change Order #10 to Contract C-4; Change Order #4 to Contract C-5; Change Order #6 to Contract C-5 and Change Order #7 to Contract C-5. M/S/C/U/(Drouin/Pachek) to approve the Consent Agenda, items A - G, as listed. CLAIMS FOR DAMAGES #AB84-328 City Clerk read Claims for Damages received by Dennis Northcraft, Minder's .Meats & Grocery, Hazel Martinez and Elmo Fau/k. #0086 CI2LIMS/VaRRANTS Ms. McCluskey read a list of special warrants in the amount of $7,992.55, #3721 - #3726 which was audited and certified by Darlene Herrmann as required by RCW 42.24.090 and recorded on listing made available to City Council. M/S/C/U/(Adrian/Johnson) to approve claims as presented. MAYOR' S REPORTS - COUNCIL MEETINGS/a SCHEDULE The Mayor presented a m~no of suggested changes of Council meetings for the months of July and August inclusive. He proposed Council Study Sessions at 3:30 p.m. with Council meetings ccranencing at 4:00 p.m. Further he suggested land use hearings be scheduled on the first and third Wednesday's only, ccranenci~,, at 5:00 p.m. ~0114 M/S/C/(Adrian/Amo) to approve suraTer schedule for City Council meetings. VOTE: In favor; (Adrian, Amo, Pachek, Mosely,Anderson, Drouin & Johnson) Against; (Spencer Homing) Motion passed PLANNING CC~tISSICN CONFIRMATICIq #AB84-329 Clerk McCluskey read memo, dated June 12, 1984, fr~n Mayor Dawkins recc~mending the appointment of Norbert Gegner to fill the existing vacancy on the Planning Ccassion. ~0143 M/S/C/U/(Adrian/Pachek) to approve Mr. Gegner's appointment. ATTORNEY'S REPORT - CENSUS IMPACT City Attorney Bill Broughton gave a short report on the follc~-up filing of an appeal to the State of Washington regarding the Census figures for the city of Bremerton. The State originally denied the City's request for an adjustment to the Census figures. He stated the action was filed in Thurston County, because the suit is against the State. PUBLIC RECCX2qlTION Mr. Glenn Vockrodt asked if there was any report on his concerns about the land- fill on Wheaton Way and the City Attorney stated his office is handling Mr. Vock- rodt's complaint. The City Attorney said the Wastewater Project Manager is due to have a report back in the next few days on Mr. Vockrodt's concerns about the pipe material left on the beach, end of Park Avenue. Mr. Vockredt expressed concerns about getting the proper agendas and copies of the City Council meeting minutes. Councilman Amo stated that the Charter at Ccnraittee is progressing nicely and meeting regularly with the next meeting schedule tcraorrow, Thursday June 28, ].984, at 7:00 p.m. in the Council Conference roc~nwhere they will be discussing progress and meeting deadlines. City Council Reg. Mtg. }'t~nutes Jm~e 27, !984 Page 2 of 7 U~j{PPROVED DRAFT ~1454 CounciLman Drouin gave a short narrative on the Wastewater Committee meeting held last thursday and expressed pleasure with the audit report frcm the firm of Ernst Whinney. It did indicate there were corrections needed in the opera- tion of the project's program but overall, a very good report. He welccmed any interested parties to meeting at the project office tcmorrcw at 9:30 a.m. for informal discussion meeting where the Ccr~nittee deals with problems and solutions. NEW E-911 COMvK/NICATiONS PROPOSAL #AB84-330 Councilman Mosely introduced Mick McKinley, District #1/Silverdale - Fire Cc~nissioner and Mr. ~icheal Jordan, representative free Pacific Northwest Bell who ga~ a presentation on expansion of the present #911 system now run by CenCcm. Mr. Jordan stated that our CenCee system is one of the first of its k~d in the State but he and Mr. McKinley were here tonight to explain the need for the E-911 sfstem. Mr. McKinley who also represents the county Fire Cc~nissioners as President stated that his association ~s endorsed the pro- gram, along with Puget Sound Governmental Conference/Traffic Safety which Mayor Dawkins, ~ Councilmen Anderson and Homing sit on. A November ballot measure proposes a .50¢ per month phone tax to cover the expenses of the E-911 system. Mr. Jordan explained that the system will have the capability of lock- ing in the phone number of the caller with a ccmputer print-out system, giving important data such as address, etc. which is presently on hand written run cards. Ms. Brenda Hostetter, Director of CenCee said that the Fire agencies are very mmxious to get information on present run-cards into the cemputer system but, even if the issue passes in November, it will take between 18 - 24 months to be h~ full operation. She stated that, if the telephone tax is validated it will ~ance the present 911 system and computer aid dispatching. PUBLIC RECOGNITION MS. Elizabeth Buell, 1722 High Avenue, ccmnented on a cement block at the No. end of High Avemue and stated she had talked toms. Shirley VanHoover who told her it had to be constructed that way. ms. Buell felt it was dangerous. She ccmplained of a rude young man working for the construction project under no supervision. Mr. Isaac Soriano, 520 Burwell, asked about additional inccme above the debt SeFJice for the Sewer project. Further, he stated he met with former Cc~missioner Stewart and indicated copies of parking meter collections showed revenue in excess of $352,000 for the period of January - December of 1983 with over $142,000 balance on books after expenses. Three years ago there was a surplus of over $300,000, so why was the City's parking garage refinanced 3 tires when the debt was due to be paid-in-full during 1980, and how come the money was not used to improve parking or satisfy existing debt. Mayor Dawkins advised Mr. Soriano that he would look into his inquiries and get a report for Mr. Soriano and the Council. Mr. Soriano mentioned in closing that he was disappointed with the new Bremer- ton Sun's logo on the front page that excludes "Bremerton" in the caption. Mr. Glenn Vookrodt expressed concern that there is no further hearings scheduled for the Loidhammer/Lindsey rezone because nothing was said about a fill, although the cwner is making a fill up to the street level. He requested that the Council reconsider and that the matter be put back on the agenda for a hearing. Ms. Mary Kuhlman, whose husband is confined to a wheelchair, thanked the Council for their efforts on behalf of the handicapped and hoped that her husband could soon attend the meetings in person with the installation of the elevator. The Mayor stated that the elevator is in the process of going out for bids and should be installed and working within 2½ - 3 months. Mr. James Fisher, 2315 Burwell, Post-Ccnm~nder of the Bremerton DAV said he has authorization to offer the DAV facilities (former Church of Nazarine) as an alternative site for Council meetings where the handicapped could have access. ms. Margaret Winters, was concerned that the physically handicapped citizens need to be able to attend the Council meetings end was encouraged that the ele- vator will soon be installed. #1541 #1901 ~1919 #1940 City Council Reg. Mtg. btinutes june 27, 1984 Page 3 of 7 UNAPPROVED DRAFT PUBLIC RECOGNITION (Cont.) MS. Jean Jackson, Chairman of the Mayor's Ccranittee for the Hand/capped, quoted a portion of RCW 49.60 which states "you must offer the same service to anyone". She invited the Councilmen and Mayor to spend 24 hours in a wheelchair to see precisely what these individuals go through in daily living. Councilman Amo said he would not encourage anyone to do that and felt the Council sincerely understood the handicap issue. Recessed 7:30 p.m. Reconvened 7:41 p.m. ORDINANCE (1ST READING) REPFAL3~G SEC. ll(e) OF ORDINANCE #2822, #AB84-331 City Attorney Broughton gave background information relating to openings in massage parlor doors and a recent Superior Court decision in Pierce County. He stated that he carefully reviewed the decision and opinions which prcmpted him to draft an ordinance, repealing similar language in Ordinance #3822. M/S/C/U/(Pachek/Horning) to approve an Ordinance on first reading, repealing Section ll(e) of Ordinance No. 3822 relating to openings in massage parlor doors. ORDINANCE (1ST READING) MT. ZION REZONE #AB84-332 The Brewerton Planning department presentedan Ordinance, for approval of the Mt. Zion rezone. M/S/C/(Drouin/Adrian) to approve, on first reading, an Ordinance amending the use and area maps of Ordinance 1792 upon application of rezone frcm R-1 to R-2 and subject to various requirements and other applicable laws and regulations. (Mt. Zion Missionary Baptist Church). VOTE: In favor; (Adrian, Drouin, Homing, Johnson, Anderson, Mosely & Johnson ) Abstain; (Amo) Motion Passed ORDINANCE (1ST READING) K~VI~JCKY Fprm~ CHICIq~ ~AB84-333 The Brenerton Planning department presented an Ordinance, for approval of the Kentucky Fried Chicken fezone. M/S/C/U/(Adrian/Amo) to approve on first reading, an Ordinance amending the use and area maps of Ordinance 1792 upon application of rezone frcm R-1 to B-2 and subject to various requirements and other applicable laws and regulations. (Kentucky Fried Chicken) ORDII~ANCE #3910 - "DCWNTCYaN REDEVELOPMII~rf" LID #AB84-327 City Clerk read for the record, a memo received by the Council Secretary, relating that the owner of the Elk's Building, Mr. Gene Merlino, wanted the Council to know that he was in favor of going a[ead with the redeveloF~ent idea at this time. He was unable to get a letter to the Council, on time, because he had been out of town. Mr. Lou Weir, was present to encourage the Council to go ahead with the pro- ject on the second reading of the Ordinance. He felt the Cross-Sound Center will be a focal point of the Peninsula and if we back out now, the bad publicity will ruin the downtown area. He thought it was vital that the City Council support the "Downtown Redevelepment". Mr. Weir read for the record, a letter received frcm Sam Kahn, Mike Wynn, and Janelle Kahn Cain, owners of Kahn's Incorporated, stating they fully support the proposed covering of the downtown core that is now being considered by the Council and were unable to attend the meeting because of previous ccranit- ments. Mr. Field Ryan, 2727 Marine Drive, again encouraged the Council to pass the LID ordinance and stated, people he has talked to are encouraged about the project. City Co~ci]. Rec. Mtg. Minutes J~e 27, 1984 Page 4 of 7 UNAPPROV~D DI~Ri'T ~2160 ~2590 ~2646 ~3190 Ms. Elizabeth Buell said she was in full agreement with Mr. Ryan's ccrmmts. Mr. Erik Jackso~ Brernerton Businessman, said he noted improvements already underway and listed examples such as Boatshed, Sinclars, Flynn's Theater, etc. and feels the attitude by the mjority of the businessmen is to progress. Herb Effron, businessman, still felt the public should have confidence in the City government before proceeding with a project of this magnitude. He was impressed with the sidewalk cleaning effort recently and stated this is the attitude of concern he felt the City officials should display. Councilman Drouin gave a prepared statement in sLIDport of ~e project which is on file in ~e Clerk's office. M/S/C/(Drouin/q{orning) to pass, on second reading, Ordinance ~3910 ordering the ccnstruction of local improvements in the City's Central Business District No. 325 and ordering the carrying out of the prcposed improvement; providing that painTent for the improvement be made in part by special assessments upon the property in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of lccal improvement district warrants rede~nable in cash or other short-term financing and local impro~t dis- trict bonds. Councilman Mosely still opposed the project and approving of Ordinance #3910 because of the unresolved issue of parking and his disagreement of the bound- ary lines. VOTE: In favor; (Adrian, Am, Homing, Pachek, Anderson, Drouin & Johnson) Against; (Mosely) Motion passed ORDINANCE #3911, AMEND~G ORD. #3622, SEC. 3, ADDING ITeM #6 - #AB84-317 City Attorney Broughton gave a short su-~nary of the purpose of this Ordinance relating to ambulance application updates. He said that equipment operating in the city of Bremerton must be inspected annually, however, after inspection scme ambulances are taken out of service and substituted with inferior equip- ment possibly not able to pass inspection standards. The ordinance deals with additional language requiring the updating of applications when equipment is changed during the year. M/S/C/~J/(Adrian/Pachek) to approve, on second reading, Ordinance #3911, an Ordinance amending Ordinance No. 3622, Section 3 by adding item (6) referring to updating of an ambulance application when there is a change in any of the informational items listed in Sections 1 through 5, BMC 5.50. 303. REQUEST FOR ~ATER/SEWER BILL ADJUSTMENT - MR. TCM TRUDF/,LF. #AB84-344 Ms. McCluskey read a letter of request for a water/sewer adjustment on his bill frc~ Mr. Trudelle, stating the circtnnstances leading up to the request. Counci/man Drouin stepped down frcm the meeting stating conflict of interest. Councilman Amo asked the City Attorney if the Council had the pcwer to do anything with the request and Mr. Broughton stated he thought not as the Ordinance prohibits a second adjustment in a 12-month period. Councilman Anderson did not agreed with the present Ordinance because special circumstances should be taken into consideration and that most of the bill is probably the new sewer rates, not water. Mr. Anderson asked if the City Attorney could research the percentage of the water bill that is assessed for sewer charges. Mr. Bill Duffy, Supt. of Water Department, requested an opportunity to meet with the City Attorney to discuss the Ordinance before any action. M/(Amo) to direct the City Attorney to provide an Ordinance that will not lim/t adjustments to one par year. Councilman Adrian asked why the 12 month period was in the Ordinance and Mr. Duffy stated it was to encourage citizens not to use the band-aid approach in repairs. ~Ir. Broughton asked if Mr. Duffy could determine the percentage breakdewn of water vs. sewer charges. He said he did not know but would find out. Councilman Adrian felt it was premature to ask for a redraft of the Ordinance until the issue is further researched but stated he may support a second to Mr. Arco's motion when the information is available. Councilman Am withdrew ills motion. Council asked the Staff to ft~ther re- view th/s matter ~ report back. City Council Reg. Mtg. Minutes june 27, 1984 Page 5 of 7 UNAPPROVED DRAFT TAPE ~154 #0502 · #0599 · PRACTICE ~ING FACIL/TY-P~qINSUIA WILDERNESS CIIjB #AB84-344 blr. Bob Duffy, Club member, gave a narrative of the purpose of the request to construct a rock climbing facility on City property located near the bk~nicipal Pool. He stated there would be no cost to the city for construc- t_ion and there were no conflicts with plans of area usage. The Club' s intent is for the City to take responsibility for the facility after construct/on with the Parks Department managing it's use. Councilman Mosely asked Mr. Duffy the height of the proposed facility and expressed concern about the liability for the City such as the protection for children playing on the site. Mr. Duffy responded the rock will be appro- ximately 30 ft. high and felt there would be no problem with children as it would be patroled regularly after the City asst~nes responsibility. Councilman Adrian suggested tabling the request until problems can be worked out between the City, the Club and the Risk Manager as they just received the recxTaTe_ndation frcrn the Risk Manage yesterday. M/S/C/U/(Adrian/Pachek)to table the request to approve the Practice Climbing Facility, on City property, until the Council had a chance to review all the infolTeation sukmlitted and the appropriate parties, could meet. Discussion followed regarding accepting public input after a motion to table. M/S/C/(Johnson/Adrian) to suspend the rules to allow testimony. VOTE: In favor; (Johnson, Adrian, Anderson, Amo, Pachek & Homing); Against; (Drouin/Mosely) ;Passed Mr. Bert Gegner, said he could not understand why the City would not encourage this effort. FIr. Pete Flynn, Member of the Club, was talking as a climber instead of a busi- nessman and felt the Club is not trying to jeopardize the City in any way but there is a need for what the Club is trying to accomplish. MOTORCYCLE PARK/NG CN SIDEWALK SO. SIDE OF FARRAGJT, ADJACENT TO PSNS GATE #AB84-342 Since the Bremerton Municipal Code prohibits parking on the sidewalk, action by Council is required to implement a request frcrn Brenerton Police Deparh~ent/ Traffic Division to allow motorcyele parking on'the south side of Farraqut adjacent to the PSNS gate. The sidewalk on the south side is not used by pedestrians. Using the south sidewalk for motorcycle parking would help solve an enforcement problem caused by nLr~_rous motorcycles parking on the north sidewalk which is heavily used by pedestrians. The request is to eliminate the sidewalk and use as a Parking area. Councilman Pachek stated he is familiar with the area and thinks it is a good move. Councilman Drouin said the North side cannot be used presently for a side- walk therefore he agreed it was a good move. M/S/C/U/(Drouin/Adrian) to grant the request to allow motorcycle parking on the south side of Farraqut adjacent to the PSNS gate. REPORT ON TRANSPORTATION DMSION #AB84-343 Mr. Court Prisk, Field Services Director, and Mr. Dave Patmon, Support Services Supervisor gave a detailed report on the progress of the past 6-months of opera- tion in the Transportation Division formerly the EquiFxnent Rental department. Contents of their report and presentation are available in the Clerk 's depart- mont. Mr. Prisk indicated that the facility has been cleaned up with the only major expenditure beinq fluorescent lighting fixtures. Mr. Patmon submitted letters frcrn Water and Police departments commending the facility for it's professionalism. He identified the two priority areas as (1) servicing the present fleet and, (2) equiFr~_nt purchasing and maintenance. He stated he was before Council to ask for their endorsement to continue operating the Transpor- tation Division and changing the title of the job "Service Foreman" because of the need for both a foreman and coordinator within the division. b~r. Prisk stated that the Service Foreman is the present Crew Chief and it is not a new position nor difference in pay, merely a change in the name. He also stated there was a savings, due to the preventive maintenance program, of $12,000 annually in reduction of insurance premitFns. He said that in the police depart-. meant alone, a projected savings of $4,500 quarterly is realized because of the new covered gas fill on site. Councilman Adrian asked if the city has received the $12,0007 City Clerk McClus- key stated she did not know anything about any savings or reduction in insurance preniums. Councilman An~ thought we got rid of the gas on site and went to the credit card system. Councilman Drouin expressed concern of the traffic con- gestion off a busy street such as Warren Avenue. Councilman Amo asked how much money has been spent to date in the reorgaD_ization of this department with Mr. TAPE ~155 ~0001 ,, City Council Reg. Mtg. ~vLinutes June 27, 1984 Page 6 of 7 UNAPPROVED DRAFt Prisk responding that the only major outlay was the light fixtures. The balance has been co~netic repairs and cleaning out ~bsolete parts and equip- ment. Councilman Amo felt, with the state of the City Hall roof, maybe our priorities are out of line. Councilman Pachek said he did see a difference in the facility to the good. Councilman Adrian thought that the Council, when first considering closing the garage, was going to give it a 6-month trial period and audit the results. He feels this information is not what was requested. Councilman Adrian said an audit needs to be done by the City Auditor. Mr. Homing felt there were several questions he still has unanswered and was not ready to make a further cc~Nnitment for an extension at this time. He further stated many areas would need investigation before he would want to grant another 6 months of operation. Mr. Prisk stated his concern for the employees involved. Mr. Adrian w~nted tl~e information Council requested before taking ~ny action. Councilman Johnson expressed concerns that all the CounciLmen did not take the opportunity to pay the facility a visit. They were invited by Mr. Prisk and mybe their questions would have been resolved at that time. }~/S/(Johnson/~Dsely) to concur with the concept and operation of the garage for another 6 Fonths and that the "Crew Leader" be renamed "Service Foreman", no change of pay or duties and the City Auditor perform an audit in this time period. VOTE: In fa~Dr; (Am, Anderson, Johnson, Mosely, Pachek, & Drouin) Abs~mined; (Adrian & Homing) Motion passed CCINTRACT OPERATICINS AND }9_IlVl~ENANCE WASTE~qATER FACILITY #AB84-334 Mr. Prisk presented a detailed narrative of the proposal received by the City to contract out the operation of the new Wastewater Treatment facility and introduced Mr. Justin Hardy, a consultant to review the proposals and Mr. Robert Jordan, P.E. with Professional Services Group, Inc. (PSG). He stated that the City has completed an intensive review of the desirability and feasibility of contract operations of the Wastewater Facilities with consultation with the Council Wastewater Ccr~mittee. The Director of Field Services requested quali- fications from seven corporations offering Contract 0 & M services. The list was screened d~wn to 2 corporations felt most qualified to provide the services needed by the city of Bremerton. After review PSG was determined to be the best contract offer. %~ney indicated they could provide contract operations and maintenance for a minimum of $83,000 less than the City over the twenty-nine (29) months of the contract. Once the contract is in force and the new facili- ty is operational, PSG would provide services at $151,000/year less than the City. It was his recoamendation that Council approve entering into a contract for the Operations of the Wastewater Facility, and to authorize the approval of an agreement with Professional Services Group (PSG) to provide contract 0 & M for the pericd of Auqust 1, 1984 to December 31, 1986, inclusive. FLr. Justin Hardy, explained in detail the method of analysis. He stated the three quantifiable cost elements that can be expected to be different City and PSG operation are Operating Costs Without Electricity, Installation of a Management Information System, and Ch2M Hill Contract Costs Avoided. Under PSG operation, the City will have a knew fixed cost for O&M. Under PSG opera- tion, the City is guaranteed a maximum usage of KWH of electricity and CCF of natural gas within the treaOment plant(s). The other large cost categories, i.e., operation of the collection and sludge subsystems, all non-preventive maintenance, and pump station electricity consumption, will be paid for on an actual. cost basis. Because of the way the PSG proffered contract is construct- ed, the City, will maintain ccn]plete control over the whole system during the life of the contract. Mditionally, the City can cancel the contract on ninety days (90 days) notice without any penalty, and step right in and run the System as it then axists. Although it is hard to quantify, PSG operation should sub- stantially reduce the time spent by various City management personnel on adm~istering the whole wastewater system function. PSG will guarantee dis- charge compliance, so long as the state requirements are within the plant design capacity, and will pay most fines for non-ccmpliance. This is especially impor- tant during startup and training. He recc~m~nded the City approve and sign the PSG contract, concurring with ~oth Mr. Prisk's reccr~nendation and Dr. Proctor, Supt. of Wastewater Trea~nent facility. Councilman Johnson expressed concerns regarding the present city employees who may be displaced or lose their Civil Service benefits. Mr. Bob Jordan, of PSG, assured Mr. Johnson that the benefit would meet or exceed the existing benefits. ~0289 City Council Reg. ~" ~. Niinutes T'~APPRCVED DRAFT June 27, 1984 Page 7 of 7 Ccuncilman Adrian asked if any client, with a PSG contract, ever used the 90 day cancellation option? Mr. Jordan responded -No. Dr. Don Proctor stated he has worked 8 years to achieve this goal, for the city of Bremerton, to establish a new facility and never thought he would give it up easily but had to strongly rec~nend this was the way to go. City Attorney Broughton stated he had reviewed the contract, negotiating changes and it has now been signed off by himself. Councilman DroLLin asked what we would do should we want to take back the facility at a later date and what would happen to our original e~ployees? Mr. Prisk said the city owns the facility and there is an ordinance being prepared by the City Attorney, which will be ccrpleted in approximately a w~_k, protecting the rights of those employees affected which will grant their return to the City's Civil Service System. M/S/C/U/(Drouin/Mosely) to enter into a contract agreement with Professional Services Group (PSG) to provide contract operations and maintenance for the period of August 1, 1984 to December 31, 1986, inclusive. With no further business, meeting adjourned at 9:37 p.m. APPRCArED: City Council cc: Normal Distribution File