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Home My WebLink About12/16/2009 � IL DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 16, 2009 `� 8 2 �� The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 16, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DiCKs GOVERNMENT CENTER 345 6 Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Roy Runyon, Adam Brockus, and Brad Gehring. Council Members Mike Shepherd and Dianne Robinson were absent. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith. A CouNCi� BRiEFiN� was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad Gehrinq followed by the invocation provided by Reverend Debbie Little of First Christian Church. President McConnell thanked all of the Pastors who have provided invocation for Council business meetings during 2009 and for prior years. This contribution from the community is appreciated. MAYOR'S REPORT • Mayor Patty Lent acknowledged the blessing that is provided prior to Council meetings; • Provided the highlights of several recent events she attended; • Read a letter from the Bremerton School District Security Department thanking several Bremerton City Police Officers for collaborating on the apprehension of a criminal; • Congratulated City employees and Pam Bykonen of Community Development for a successful United Way campaign; • Announced that there will be an Open House on January 11 to kick off the update to the Shoreline Master Program; • Wished the community Happy Holidays; and • Looked forward to working with the employees in the coming year. PUBLIC RECOGNITION Jeff Elevado from the City's Parks & Recreation Department invited the Council and the public to "Santa in the Park" on Monday, December 21 at Evergreen Park from 10:00 AM to Noon and at the Manette Playfield from 1:00 to 3:00 PM; and on Tuesday, December 22 from 10:00 AM to Noon at Lions Park and at the Kitsap Conference Center Plaza from 1:00 to 3:00 PM. Dave Rubie representing "Citizens for Good Schools" invited the community to attend a meeting on January 4 to discuss the proposed school levy as well as rallies on January 6 and 22; and provided a sign-up sheet for anyone interested in joining their efforts. Tim Henkel and several other representatives with "Friends of Evergreen Park" invited the Council and local residents to attend a Neighborhood Design Review Board Meeting on Sunday, January 10 at 1:00 PM at Samudra's Yoga Studio on McKenzie Avenue near Evergreen Park. CONSENT AGENDA A. Check Numbers 335059 through 335269; and EFT-9385 through EFT-9420 in the amount of $2,549,671.63; and Regular Payroll in the amount of $771,658.80 for the pay period ending November 30, 2009 B. Minutes of Meeting — December 2, 2009 C. Minutes of Study Session — December 9, 2009 D. Agreement with KiTSaP HuMANE SociETY for Animal Control Services City Council Reg. Mtg. Minutes Wednesday, December 16, 2009 Page 2 of 7 E. co.,,,,.o� I I/'` fnr D�rLinir Gnfnrnomon4 Coniino� Moved to General Business... , F. Ordinance No. 5100 establishing a Cable Television Franchise Agreement with WavE DivisioN IV, LLC G. Intergovernmental Cooperative Purchasing Agreement with Washington State Office of Procurement H. Award Contract to MICHELS CORPORATION for Construction of "Cambrian Avenue Sewer Repair" Project I. Amendment to Professional Services Agreement with PaRaMETRix, INC. for Construction Support of the "Gorst Sewerage" Project J. Amendment to State Revolving Fund Loan Agreements for the "Gorst Sewerage and Septic System AbandonmenY' Project K. Amendment to extend the Gold Mountain Golf Club "Greens Superintendent Professional Services Agreement" Wlth ED FAULK OPERATIONS LLC to December 31, 2010 L. Amendment to extend the term of the Gold Mountain Golf Club "Golf Management Agreement" Wlth SCOTT ALEXANDER'S GOLF SHOP INC. by one-year to December 31, 2010 M. Amendment to extend the Gold Mountain Golf Club "Pro Shop, Driving Range, and Cart Pad Lease Agreement" Wlth SCOTT ALEXANDER�S GOLF SHOP INC. by one-year to December 31, 2010 N. Amendment to extend the Gold Mountain Golf Club "Food and Beverage Agreement" with SCOTT ALEXANDER'S GOLF SHOP INC. for one additional year to December 31, 2010 05:47:00 M/S/C/U (Arends/Maupin) Move to approve the CotvSENT A�EN�a as presented, with the issue relating to `Diamond Parking' becoming Item 6A. GENERAL BUSINESS 6A — APPROVAL OF SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH DIAMOND PARKING SERVICES. LLC FOR PARKING ENFORCEMENT SERVICES: City Clerk Carol Etqen explained that the contract with Diamond Parking for general parking enforcement services expires on December 31, 2009. It is proposed that the agreement be extended on a month-by-month basis for six months to allow for a full analysis of the parking review study. The proposed agreement is for the same base management rate of $18,689 per month with an incentive fee of two percent (2%) also carried forward. City Attorney Roqer Lubovich reiterated that the City is currently conducting a Parking Review Study. Todd Best asked the Council to reconsider the amendment to the Professional Services Agreement with DIAMOND PARKING SERVICES LLC for Parking Enforcement Services; and encouraged Council to form a citizen advisory committee to come up with solutions to parking problems. Garv Saulsberrv does not think that the City needs Diamond Parking to enforce the parking of its residents. Terrv Enners expressed concerns over enforcement practices on Summit Avenue; and hoped neighborhoods would solve the problem themselves by petitioning for exemption from enforcement and the unreasonable two-hour rule. City Council Reg. Mtg. Minutes Wednesday, December 16, 2009 Page 3 of 7 Andv Graham believed that parking rates in Bremerton are high for the area, especially when compared to Seattle; and found it interesting that Diamond Parking controls a high number of parking lots in Bremerton which seems to be a conflict of interest. Brent Warner commented that the system needs to be fixed so that people are not ticketed multiple times in one day, especially in front of their own homes. Tim Henkel stated that in order to avoid tickets he has to prove ownership of rental property on Highland Avenue just to obtain a parking permit to take care of needed maintenance. Katherine Schmidt emphasized that Diamond Parking could improve its relationship with residents by instructing them of proper parking practices rather than cause residents to continually waste time in the courts. 06:00:15 The Main Motion was made and seconded, as discussion began by the Council... Will Maupin agreed with the comments made by the citizens and emphasized these are some of the reasons why the City is conducting a parking study. Rov Runvon asked for a scope of the outline of the proposed study. Finance Director Andv Parks stated that the study will include observation of conditions in residential and downtown areas, and to consider what the appropriate next steps may be which will factor in public input later in the year. Carol Arends commented that this is a temporary measure so that the City can address the long standing parking conflicts created by the Navy that impact nearby neighborhoods. Adam Brockus was supportive of short term extension; and believed it would be difficult to put parking enforcement in the hands of the police since there are fewer officers available. Nick Wofford was pleased to see citizens volunteering their time to serve on a committee to study this issue; and hoped that residents from various neighborhoods could be represented in the process to develop solutions. Cecil McConnell stated that he has been on the Council for a long time and parking has always been a major issue yet no solution has been found; and hoped that this problem may finally be solved next year. 06:07:05 M/S/C/U (Maupin/Wofford) Move to approve the second amendment to the Professional S2NIC2S Agl"@et71@flt Wlth DIAMOND PARKING SERVICES, LLC for parking enforcement services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 66 — PROFESSIONAL SERVICES AGREEMENT WITH LORAX PARTNERS. INC. FOR DESIGN, MANAGEMENT. AND MARKETING OF "PARK AVENUE PLAZA GARAGE" PROJECT: Garv Sexton, Redevelopment Projects Administrator, stated that this item is a Professional Services Agreement with LoRAx PaRTNERS, INC. for architectural, engineering, project management, and marketing for Park Avenue Plaza parking structure, plaza design, and retail marketing. There were no questions or comments from the public... 06:19:00 The Main Motion was made and seconded ... 06:19:27 An Amendment was made and seconded, as discussion on the amendment began by the Council... City Council Reg. Mtg. Minutes Wednesday, December 16, 2009 Page 4 of 7 Adam Brockus emphasized that a"bonus" is only to be paid for good work. Will Maupin supported the proposed amendment. Nick Wofford summarized that the change would give the Council discretion to continue or discontinue the agreement. Brad Gehrinq believed that the firm should meet the requirements of the contract and no changes are needed. Rov Runvon encouraged the use of an incentive program either in this agreement or to consider that at a later time. Cecil McConnell asked if other cities use a scale for setting "upper limits" for contracts. G� Sexton answered that broad language was used and that particular provisions were not discussed; and added that contract language is discretionary which may be decided by Council. Mr. Runvon clarified that if additional work requires a change in the contract, that amendment may be brought before Council. Carol Arends did not support changes to the contract. 06:31:15 A-M/S/C (Runyon/Gehring) Move to amend the Professional Services Agreement between City of Bremerton and LORAX PARTNERS I►vc. for Design, Management, and Marketing of Park Avenue Plaza by removing the third paragraph, page 6 of 9. Voted in favor of Amendment: Runyon, Wofford, Gehring, McConnell Voted opposed to Amendment: Arends, Maupin, Brockus Amendment approved: 4-Yes; 3-No Council returned to discussion on the Main Motion... Adam Brockus asked if this action will increase taxes. Garv Sexton replied no. Brad Gehrinq raised concerns about not having a letter of intent. Garv Sexton stated that there is potential for the site but not having the use defined allows for some flexibility. Will Maupin believed that this is an excellent location for a parking garage; and asked if Mr. Sexton would have any ideas on how to manage the conflict between shipyard workers and other temporary uses. Garv Sexton responded that the City could address those issues either during construction or after completion of parking garage. Carol Arends emphasized that the Conference Center garage is a clear example of how parking works but acknowledged that additional parking is needed. Rov Runvon believed that there is an adequate supply for parking in the downtown and wondered if additional parking at the garage will reduce revenue; and was concerned about proceeding with design when no development agreement is in place. Brad Gehrinq asked for clarification on DCPM. Gary Sexton answered that DCPM is a reference to project manager. Cecil McConnell expressed concerns about project costs. City Council Reg. Mtg. Minutes Wednesday, December 16, 2009 Page 5 of 7 06:57:30 M/S/C (Arends/Brockus) Move that the City approve the Professional Services Agreement with LORAX PARTNERS ItvC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as amended. Voted in favor of Motion: Arends, Maupin, Wofford, Gehring, Brockus, Runyon Voted opposed to Motion: McConnell Motion carried: 6-Yes; 1-No 6C — DESIGN/BUILD AGREEMENT WITH DILLON WORKS! FOR CUSTOM SCULPTURE AT 4 STREET & PACIFIC AVENUE: Garv Sexton, Redevelopment Projects Administrator, summarized that D��oN WoRKS! will design, engineer, fabricate, deliver, and install a pair of custom sculptures on opposite corners of 4` & Pacific Avenue. The sculptures are approximately 14 feet tall and depict a whimsical fish catching a fisherman. D��otv WoRKS! will provide all, design, labor, materials, and equipment necessary to complete the project. Carlos Jara asked if the money has to be used for art or can it be used for other things? G� Sexton stated that the money has been appropriated for a very specific purpose, infrastructure, streets, sidewalks, and art work. 07:19:25 The Main Motion was made and seconded, as discussion began by the Council... Nick Wofford asked for more information on the selection process and if any local artists applied. Andrea Spencer explained that several projects including sculptures and banners to be placed between Evergreen Park and downtown are funded by the 1% for the Arts Program which did include local artists. Rov Runvon suggested bike lanes and awnings for store fronts downtown instead of sculptures. Will Maupin believed that more traditional artwork is more appropriate for the location. 07:27:00 An Amendment was made and seconded, as discussion on the amendment began by the Council... Adam Brockus, Roy Runyon, Nick Wofford did not support changes to the concept for the sculpture. Cecil McConnell, Carol Arends, Brad Gehrinq agreed with Mr. Maupin's comments in support of traditional art and what fits culturally downtown. 07:30:00 A-M/S/C (Maupin/Gehring) Move to amend agenda bill to include `fisherman catching a fish'. Voted in favor of Amendment: Maupin, Gehring, Arends, McConnell Voted opposed to Amendment: Wofford, Brockus, Runyon Amendment approved: 4-Yes; 3-No � Council returned to discussion on the Main Motion... Brad Gehrinq offered comments in support of the project. Rov Runvon believed that the funds could be used in other ways. Cecil McConnell expressed concerns about the amount of money being used for this project; and suggested that the funding be returned to the State. 07:38:25 M/S/C (Arends/Brockus) Move that the City approve the design/build agreement with D��oN WoRKS! for the custom sculptures at 4 & Pacific Avenue; and authorize the Mayor to City Council Reg. Mtg. Minutes Wednesday, December 16, 2009 Page 6 of 7 finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Wofford, Gehring, Brockus, Arends, Maupin Voted opposed to Motion: Runyon, McConnell Motion carried: 5-Yes; 2-No 6D — ORDINANCE NO. 5101 TO AMEND ORDINANCE NO. 5071 WHICH ADOPTED THE FISCAL YEAR 2009 BUDGET, AND ORDINANCE NO. 5079 WHICH AMENDED THE FISCAL YEAR 2009 BUDGET: Andv Parks, Financial Services Director, explained that the Bremerton City Council adopted the 2009 Annual City Budget by Ordinance No. 5071 on December 17, 2008. On April 1, 2009, the City Council adopted Ordinance No. 5079, amending Ordinance No. 5071 to reduce appropriations due to reduced revenue. Subsequently, certain actions have been taken and conditions changed since the budget adoption and amended budget adjustment which had an impact on the City's 2009 Budget, resulting in a need to amend the 2009 Budget. There were no questions or comments from the public... 07:39:57 The Main Motion was made and seconded, as discussion began by the Council... Rov Runvon asked if amending the budget is a common practice. Caroline Tompson responded that additional appropriations are accounted for at year-end through a budget adjustment. 07:40:45 M/S/C/U (Runyon/Brockus) Move to approve Ordinance No. 5101 amending Ordinance No. 5071, which adopted the Fiscal Year 2009 Budget and Ordinance No. 5079 which amended the Fiscal Year 2009 Budget. COUNCIL MEMBER REPORTS Nick Wofford thanked Cecil McConnell for his service this past year as Council President and as short term Mayor Pro Tem; and wished everyone a Merry Christmas and Happy New Year. Will Maupin thanked Brad Gehring for his past 6 years of service as a Council Member. Carol Arends echoed previous remarks for Cecil McConnell and Brad Gehring; and welcomed Cecil back to Council. She also reported on her attendance at the Kitsap Transit Board and Emergency Management meetings; and looked forward to new assignments in 2010. Rov Runvon announced that there will be meals offered on Christmas at The Salvation Army at 832 6 Street from Noon to 2:00 PM; dinner will be served on Christmas Eve at Coffee Oasis at 822 Burwell Street; and dinner will be served on Christmas Day at the Coffee Club Diner from 1:00 to 6:00 PM at 417 Park Avenue. He also thanked Brad for his service to the citizens. Adam Brockus was pleased to hear good reports about Winter Fest; and also thanked Brad for his service and wished him well in the future. Cecil McConnell presented a plaque to Brad Gehrinq in recognition of his 6 years of service as a Council Member for the City of Bremerton; President McConnell then thanked City Attorney Roger Lubovich for carrying him through the past 5 plus months as Mayor Pro Tempore; and wished everyone a Merry Christmas and Happy Hannukah, as well as a Happy New Year. With no further business, President McConnell adjourned the Council Meeting at 7:50 PM. City Council Reg. Mtg. Minutes Wednesday, December 16, 2009 Page 7 of 7 Prepared and Submitted by: � - L RI SMITH Legislative Assistant �/H�%J�".�.,�.� ��.c�-, CHRISTINE GRENIER Council Assistant Attest: r` CAROL TGE , City lerk , City Co President i �!' M:CE:Is:cg