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HomeMy WebLinkAbout04/09/03TAPES #1886 & #1887 '~"'r~l:lbt CITY COUNCIL MEETING MINUTES APR April 9, 2003 The weekly 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 9, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council member Wayne Olsen was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell., followed by the invocation provided by Reverend Ron Whitney of Neighborhood Christian Center. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting Agenda; and 2. Item 9(D) has been pulled from the agenda tonight. CONSENT AGENDA A. Minutes of Meeting - March 26, 2003 (#AB03-048) B. Reimbursement of Right-of-Way Vacation Cost to KPS (#AB03-049) C. Bid Award to H.D. FOWLER COMPANY for Purchase of Ductile Iron Pipe for 2003 (#AB03-050) #0035 M/S/C (McConnell/Short) Move to approve Consent Agenda as presented. Voted in favor of Motion: McConnell, Nygren, Rollman, Shepherd, Maupin, Short, and Arends Abstained: Younger Motion carried: 7-Yes; 1-Abstention CLAIMS & CHECK REGISTERS 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 that had been made available to the Council. riff)075 M/S/C/U (Younger/McConnell) On April 9, 2003, the Council approved payment for Check Numbers 279808 through 280074 in the amount of $1,101,642.63; Regular Payroll for the period ending March 31, 2003 in the amount of $1,104,371.68; and Retiree Payroll for the period ending March 31, 2003 in the amount $145,571.70. COUNCIL MEMBERS Cecil McConnell announced a District 1 & 2 Town Meeting would be held to discuss the "Public Safety Bonds" and "Downtown Projects" next Thursday, Apri~ 17 from 6:30 to 8:00 P.M. at the Sheridan Park Recreation Center located at the corner of Clare Avenue & Lebo Blvd; and provided a briefing on the favorable First Quarter Report from the Gold Mountain Golf Complex. Daren Ny!:lren cautioned the public that persons not affiliated with the F.O.E. Eagles are illegally selling raffle tickets, and to call 911 if approached to purchase one of these tickets. Ed Rollman explained that because of his wedding anniversary, he was unable to attend the last Parking Committee meeting held on Monday, however, he agreed with the four main options being offered to the public. He also was happy to see that the bulldozers have begun TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 2 of 9 on the Conference Center; and lastly, announced a spring cleanup is planned for City of Bremerton residents Monday, April 21 through Saturday, April 26. Mike Shepherd discussed his attendance at the First Friday Art Walk last week; and the upcoming Armed Forces festivities planned for the weekend of May 17 & 18. Will Maupin summarized the issues discussed at the Kitsap Regional Coordinating Council meeting; and the Kitsap Health Board and the Kitsap Transit Board meetings. Mike Short thanked the Parks Department for organizing the well-attended event to celebrate Arbor Day this afternoon at Evergreen Park. Carol Arends reported that she also attended several of the events previously mentioned including meetings with the Kitsap Regional Coordinating Council, Kitsap Health Board, and the Kitsap Transit Board meeting; the Arbor Day ceremony today; and that tomorrow she would be attending the Puget Sound Regional Council Transportation Policy Board meeting. MAYOR'S REPORT Council President Carol Arends read a proclamation on behalf of the Mayor to proclaim April 9, 2003 as the 130TM "Arbor Day" in the City of Bremerton, and to also recognize the City of Bremerton as a "Tree City USA" by the National Arbor Foundation for the 7th straight year. It was noted that Mary Ruth Urwin had accepted the proclamation this afternoon during the Arbor Day ceremony, which included a tree planted in honor of the late Donald L. Urwin. · Michael Wilson, Finance Director, provided a briefing on Finance issues, indicating that the City will focus on finding new revenue sources to sustain City services; will review financial management policies with respect to the budget process to improve accountability and to conduct business in the most cost effective way possible; and will seek ways to minimize duplications in policies and procedures for purchasing, accounts payable, and payroll. · Sandra Howe, Chairman of the Chamber of Commerce Armed Forces Day Committee, introduced 6 of the 8 contestants for the Armed Forces Day Scholarship Program; and invited the Council to attend the "Speak Off" on Tuesday, May 6, from 7:00 to 9:00 P.M. in the Theater at the Keyport Museum. PUBLIC RECOGNITION Allen Shute continued to express his concern that citizens have not been appointed to the Parking Committee. Gordy Byrd discussed his campaign to collect tooth brushes for those in need. Capt. Tom Wolfe of the Police Department, provided a follow-up to a previous citizen concern regarding the crosswalk at 11th & Callow Avenue. It was noted that that after a preliminary investigation, believes that with the signage already in place, the intersection is as safe as it can be, however, his Department will continue to monitor the situation. Roy Runyon congratulated the City for supporting the downtown library, which he believes is a true asset to the entire community. Norman Monson asked for help in resolving a parking infraction received on Anoka Avenue. TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 3 of 9 Gene Sampley announced some bridge closures (approx. 2-hour durations) at the Manette Bridge on Tuesday, April 15 beginning at 9:00 A.M.; Wednesday, April 16 beginning at 1:00 P.M.; and Tuesday, April 22 beginning at 1:00 P.M. H. Emily Mosha¥, "Positively Bremerton", encouraged citizens to join "Positively Bremerton" and try "Heavenly Foods Cafe", which recently opened on Callow Avenue (phone 782-0723). M. Shane Shrodt., "Positively Bremerton", was excited about all the exciting things happening in Bremerton, but finds it unfortunate that an apartment belonging to three military personnel has been broken into several times while they are away serving our Country. Paul Drnievic announced the next Bremerton Community Concert event would be pianists "Simon & Son" on Thursday, April 10 at the Bremerton High School Performing Arts Center; and encouraged. K¥1e Krueqer, "Positively Bremerton", announced severat upcoming events at the Evergreen Park; and noted that a petition has been started to create a "dog park" area. 8A - CHANGE IN TITLE AND JOB DESCRIPTION OF THE "MUNICIPAL SERVICES COORDINATOR" TO "EXECUTIVE COORDINATOI~' (#AB0:~-051): Michael Wilson, Finance Director, explained that over the last few months, the job description and title for the position of "Municipal Services Coordinator" has been reviewed. It is proposed that the job description be modified to fit the responsibilities of the position in order to support the Mayor in the effective administration of the City's business. President Arends emphasized that all discussion would be limited to the job description and change in title, and not salary issues. H. Emily Mosha¥ stated that she was in attendance at the Council Study Session when this issue was discussed, and was impressed with the way the Council wanted to do the right thing, and to follow the law in resolving this issue. She also expressed her support for this action. Del Knauss maintained his opinion that this position was not necessary for any of the previous Mayor's, and noted that a previous employment contract for a "Municipal Services Coordinator'' has already been approved and signed by all padies involved, and did understand why it is being rewritten. Bill Hoke also attended the previous Council Study Session on this issue, and noticed the "tremendous amount of work" the person in this position will have to do, and therefore believes the new title was warranted. Roy Run¥on expressed his concern over the appearance that the creation of this new position was really a means of changing the form of government in Bremerton to a "City Manager" form of government. Allen Shute commented that the City already had a Mayor and therefore did not need a "City Manager"; and that the public elected the Council to "have the power" in the City's government. Paul Drnievic acknowledged that he basically agreed with the goals of "Positively Bremerton", but did not support the proposed changes to the title and job description as presented. He expressed his concern that this action was really a "round-about" way of changing the form of government to a City Manager form of government, and urged further study by the Council. TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 4 of 9 RoRer Lubovich clarified that this action was to change an existing job description, not to change the City's form of government. Mr. NyRren also assured the public that this action was not to change the City's form of Government, and pointed out that this position already exists in the Mayor's Department. He expressed his support for the added duties to this job description to address the current needs of the City. Mr. YounRer agreed that the position of "Municipal Services Coordinator" has been in place for quite awhile, and understands that one of the main reasons for creating the position in the beginning was to address annexation issues, which the Council has listed as one of their main priorities. He therefore proposed an amendment to the Motion to again emphasize "annexation issues" in the new job description; and for the title to remain "Municipal Services Coordinator". Paula Johnston, Deputy City Clerk, recommended that the Main Motion, as is, should be provided first, and then any Amended Motions could be proposed. Mr. Short established that he and the Council President spent a considerable amount of time on this issue for the last several months, and that he studied the issue further with legal advisors from Municipal Services Research Center. Much work was involved to assure that the final draft of the job description eliminated all controversial issues, and any suggestion that the position was creating a "City Manager" form of government. He supported the job description as it is being presented tonight. Lastly, he responded to public comments agreeing that it is time to move on to other issues, however, emphasized that it was the responsibility of the Council to follow the Bremerton City Charter and to deliberate these type of issues. Mr. Maupin reiterated that the Mayor was the Chief Executive Officer for the City, and that this job description did not change that. He established that other Mayors in Mayor-Council forms of government have utilized "Assistants" or "Deputy Mayors" while still maintaining "strong- Mayor" forms of government. He commented that when this issue first came up, he believed the Council was correct in wanting to assure that there were no violations to the City Charter, or that the duties did not conflict with the duties of the Council President. He believes that it is important for the Council to agree with all the functions performed by this position, but did not believe that the "title" of the position was important. He supported the job description and job title ("Executive Coordinator") as is currently presented. Mr. McConnell declared that the current situation was created by violations to the City Charter, and therefore believed the proper solution would be to return the position back to the way it was prior to it coming to the attention of the Council. He does not believe that the Council should authorize changes that were made in violation of the City Charter and ordinances, and did not want to lend credibility to the statement that "rules were made to be broken". #2920 Main-Motion/S (Maupin/Nygren) Move to approve a change in title of the position of "Municipal Services Coordinator" to "Executive Coordinator", and to approve the attached new job description. No vote was taken at this time, as discussion continued... Mr. Shepherd stated that based on the number of calls he has received from citizens on this issue, he was still concerned that this action gave the appearance of a change in the City's form of government without a vote of the people. TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 5 of 9 Mr. Shepherd proposed an amendment to include "Attends afl City Council meetings...", which died for lack of a second. Mr. Rollman added that this issue was first brought to the Council's attention by the City's Audit Committee, and that if the Council did not take steps to correct this issue, it could result in an unfavorable Finding by the State Auditor. Referring to the job description, he was pleased to see that the person in this position would "Coordinate and consult with the Mayorand City Council President on legislative issues", to keep communication open between the Council and the Administration. However, he had concerns that such an important position should have higher education requirements, therefore proposed an amendment to reinstate an MBA or MPA as minimal requirements. #3255 Amendment to Main Motion/S/W (Rollman/McConnell) to reinstate a Masters of Business Administration or Masters in Public Administration as a minimum education requirement. No vote was taken at this time, as discussion continued... Mr. Youn,qer pointed out that Mr. Rollman's concerns were actually addressed under "MINIMAL REQUIREMENTS" where it is noted that in place of higher education, the applicant can have a combination of "...any equivalent combination of education, background, and experience that provides the required knowledge, skills, and abilities." Mr. Maupin feared that this amendment to require higher education requirements would actually be leading the Council in the opposite direction - toward creating a "City Manager". Mr. Short agreed. Mr. Nyqren reminded the Council that the job qualifications were already thoroughly discussed at the Committee meeting, and therefore did not agree with the amendment. Mr. Lubovich pointed out that at the Council Study Session on this issue, it was first requested for language to be included indicating that an "MBA or an MPA was preferred', but after further discussion, a consensus was reached to remove that language requiring the higher-level education. Mr. Rollman and Mr. McConnell agreed to withdraw the amendment in its entirety. Mr. Rollman further noted that no decisions are made during a Study Session - it is only a time for "fact gathering". TAPE #1887 #0015 Amending Motion #1/S/C (Younger/McConnell) Move to approve the attached new job description as amended, changing the position title back to "Municipal Services Coordinato?'; and modifying the language to include the words "Conducts annexation planning and..." to the annexation duty currently listed. Voted in favor of Amending Motion #1: Rollman, Shepherd, Younger, Short, McConnell, Nygren, and Arends Voted opposed to Amending Motion #1: Maupin Motion carried: 7-Yes; 1-No #0085 Amending Motion #2/S/C (McConnell/Rollman) Move to approve the attached new job description as amended, replacing the word "Manages" (used three times) under "REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES", with "Reviews", "Chairs", and "Carries out". TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 6 of 9 Voted in favor of Amending Motion #2: Shepherd, Younger, Maupin, Short, McConnell, Rollman, and Arends Voted opposed to Amending Motion #2: Nygren Motion carried: 7-Yes; 1-No #0145 Main-Motion (as amended)/S/C (Maupin/Nygren) Move to approve a change in title of the position of "Municipal Services Coordinator"to "Executive Coordinator'; and to approve the attached new job description; including Amendment #1 (to retain the "Municipal Services Coordinator" position title; and modifying the language to include the words "Conducts annexation planning and..." to the annexation duty currently listed); and Amendment #2 (replacing the word "Manages" (used three times) under "REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES", with "Reviews", "Chairs", and "Carries cue'). Voted in favor of Main Motion as Amended: Younger, Maupin, Short, Nygren, Rollman, Shepherd, and Arends Voted opposed to Main Motion as Amended: McConnell Motion carried: 7-Yes; 1-No 8B - PURCHASE OF A 2003 TORO GROUNDMASTER 4000-D MOWER (#AB03-052): Jim Orton, Fleet Manager, stated that the Parks & Recreation Department is requesting a purchase of a 2003 TORO GROUNDMASTER 4000-D Mower at a purchase price of $46,690.09. The expenditure of this amount for a mower is authorized in the approved 2003 budget but not specific to the brand and model requested. Funds are available through the 510 Fund (Equipment Rental Reserve) from vehicles 1837 and 1855. ER&R will fund all but $1500, which will be provided by the Parks & Recreation Department. There were no comments from the public. #0258 M/S/C/U (Short/Rollman) Move to authorize the purchase of a 2003 TORO GROUND MASTER 4000-D Mower in the amount of $46,690.09. 8C - BID AWARD TO ASSOCIATED UNDERWATER SERVICES, INC. FOR THE CATHODIC PROTECTION AND PILE WRAP OF THE BREMERTON BOARDWALK (#AB03-053): Jim Spencer, Parks & Recreation Director, said that bids were opened on Monday, March 10, 2003 for the Bremerton Boardwalk Cathodic Protection and Pile Wrap Project. A total of seven (7) bids were received for this project. The Iow bidder is ASSOCIATED UNDERWATER SERVICES, INC. from Spokane, WA for the lump sum bid of $201,381.21. The total contract amount, including Washington State Sales Tax is $218,381.21. It was explained that if the repairs were not made, it would ultimately lead to further degradation of the pilings. In conclusion, it was noted that Project Manager Dan Miller was instrumental in putting together this package. There were no comments from the public. Mr. Maupin asked if there were any concerns about the experience of the Iow-bid contractor who submitted a bid much lower than the other bidders. Mr. Spencer expressed his confidence regarding the reputation of ASSOCIATED UNDERWATER SERVICES, lNG for quality work. Mr. YounRer asked if the City could retain the remainder of the $500,000 grant since this project only required $218,381.21. Mr. Spencer indicated that he was reluctant to ask the State that question until he found out for sure that the Council approved this contract. #0470 M/S/C/U (Rollman/Short) Move to approve the contract award to ASSOCIATED UNDERWATER SERVICES, INC. of Spokane for the Cathodic Protection and Pile Wrap of 131-steel TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 7 of 9 pipes at the Bremerton Boardwalk in the amount of $218,381.21, and authorize the Mayor to execute the contract subject to current City Administrative Policies and Procedures. Additionally, approve the related budget adjustment subject to current City Administrative Policies and Procedures. 8D - APPLICATION FROM SEATTLE OUTBOARD ASSOCIATION FOR HYDROPLANE AND RUNABOUT RACE ON KITSAP LAKE FOR MAY 3 & 4, 2003 (#AB03-054): Jim Spencer, Parks & Recreation Director, summarized that the Seattle Outboard Association {SCA) has applied to the City of Bremerton for permission to host a hydroplane/runabout race on Kitsap Lake. A meeting of affected City Departments (i.e. Police, Fire, Risk Management, City Attorney, and City Clerk) was convened to determine what added requirements were necessary in order for the event to be considered, and a letter transmitting these requirements was forwarded to the applicant. Written concerns received from the Washington State Department of Fish and Wildlife, were addressed and resulted in the rescheduling of the event for May 3 and 4, 2003. A public meeting, with directly impacted neighbors, was held on March 10, 2003 to discuss the possibility of holding this event. During the event, the lake wilt have to be closed to alt other activity. Camp McKean has stated they will approve this application if the City provides approval. There were no comments from the public. John Erickson, Kitsap County Representative for the Seattle Outboard Association, indicated that traffic issues have been considered; and Mr. Short reiterated that he held a District 9 meeting in early March to allow citizens an opportunity to ask questions and express any concerns. #0865 M/S/C/U (Short/McConnell) Move to approve the Seattle Outboard Association's application, including the added requirements documented on Exhibit 2, to hold a hydroplane/runabout race on Kitsap Lake on May 3 & 4, 2003. 8E - AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES WITH ACRES INTERNATIONAL, CORPORATION (#AB03-055): Mike Mecham, City Engineer, pointed out that the Public Works & Utilities Department has negotiated an amendment to the Casad Dam Intake Tower Seismic Upgrade Project Professional Services Agreement for design services with ACRES INTERNATIONAL CORPORATION. This amendment adds scope and budget for coordination with the Department of Ecology, preparation of additional bid documents, and additional review of testing information. The amendment adds $24,838.00 to the existing contract, for a revised contract amount not to exceed $212,971.00. There are sufficient funds within the DWSRF loan to fund this amendment. The requested action before the City Council is approval of Amendment No. 2 to the existing Professional Services Agreement with ACRES INTERNATIONAL CORPORATION, in the amount of $24,838.00. There were no comments from the public. #0960 M/S/C/U (McConnell/Maupin) Move to approve Amendment No. 2 to the Professional Services Agreement with ACRES INTERNATIONAL CORPORATION in an amount of $24,838.00, for a total contract amount not to exceed $212,971.00, and authorize the Mayor to execute the same. 9A - ORDINANCE NO. 4851 (SECOND READING) AMENDING SECTION 6.32.100 OF THE BREMERTON MUNICIPAL CODE (#AB03-046): The first reading of this ordinance was heard at the Council meeting on March 26, 2003. RoRer Lubovich, City Attorney, was available to TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 8 of 9 summarize the purpose of this amendment, and to address any concerns or questions. There were no comments from fhe public. #'1035 M/S/C/U (Shepherd/McConnell) Move to pass Ordinance No. 4851 on second reading. 9B - ORDINANCE (FIRST READING) REPEALING AND REPLACING CHAPTER 2.78 OF THE BREMERTON MUNICIPAL CODE RELATING TO REAL PROPERTY TRANSACTIONS (#AB03-056): Ro.qer Lubovich, City Attorney, stated that the current provisions of Chapter 2.78 of the Bremerton Municipal Code relating to real property transactions are burdensome and result in the inefficient administration and processing of real estate transactions. The proposed ordinance simplifies the process for real property transactions by requiring all sales and purchases of real property by the City be subject to City Council approval upon terms and conditions as approved by the City Council, and further, by providing other provisions related to real property transactions. There were no comments from the public. Mr. Short thanked the Legal Department for the excellent job in streamlining this process. Mr. McConnell wanted assurance that all previous regulations were carried over into this proposed ordinance. Mr. Younger asked what initiated the changes proposed for Chapter 2.78. Mr. Lubovich explained that whenever he looked at the code to deal with a real estate transaction, he realized that there were a number of policies in place that were not being utilized, and that City staff was not being consistent when applying the code to surplus property. He cited the importance for the Council to be involved with all real estate transactions. Mr. Younqer expressed his concern that the "non-utilized" policies such as the inventory analysis should be followed rather than removed; and also expressed an interest in knowing why the last revisions were made to this code in 1994. #1655 M/S/C (Short/Nygren) Move to approve the proposed ordinance on first reading. Voted in favor of Motion: Nygren, Rollman, Maupin, Short, McConnell, and Arends Voted opposed to Motion: Shepherd and Younger Motion carried: 6-Yes; 2-No 9C - RESOLUTION NO. 2888~ AUTHORIZING AN INTERFUND LOAN FROM THE CONTINGENCY RESERVE FUND TO THE GENERAL FUND (#AB03-057): Michael Wilson, Finance Director, emphasized that the General Fund has a history of cash flow deficiencies occurring twice each year due to the collection cycles of property taxes and as a result, the General Fund has an immediate need for an inter[und loan in order to meet cash flow needs. The Contingency Reserve Fund was established to provide funding to support and protect the General Fund in the event of unforeseen and unfounded emergency situations. It is proposed that the Council authorize the Director of Finance to make and inteffund loan from the Contingency Reserve Fund (Fund 103) to the General Fund (Fund 001 ) in the amount not to exceed $800,000 to meet the cash flow needs of the General Fund. This loan shall bear no interest rate since the Contingency Reserve Fund was created for the purpose of providing direct financial support and acts as a reserve for the General Fund. This loan shall be repaid to the Contingency Reserve Fund from the General Fund on or before December 31, 2003. There were no comments from the public. TAPES #1886 & #1887 City Council Reg. Mtg. Minutes April 9, 2003 Page 9 of 9 Mr. Youn,qer indicated his preference to leave the Contingency Reserve Fund alone, and instead, to eliminate the Discretionary Reserve Fund and, and place the money back in the General Fund. Mr. Wilson agreed that the Discretionary Reserve Fund should be analyzed, but did not recommend eliminating the Fund at this time. #24'15 MIS/C/U (Younger/Short) Move to approve Resolution No. 2888 authorizing the Director of Finance to make an interfund loan from the Contingency Reserve Fund (Fund 103) to the General Fund (Fund 001) in the amount not to exceed $800,000. VAC~.T!.?Z .~. PORT!ON OF THE ~.LLEY-' ,~,'.^'rcn_ -... -- --=='"'u==k~...--.. p ^,'.,=,,'..._...- -;- ,",~= ^k,__~ --... _ ............... -&--14 ~) Item was pulled. AVC_.~!UE__.~ ^k[r~ nC~A,=Ck[ ,~:m :m With no further business, the regular meeting of the City Council was adjourned at 8:27 P.M. Prep ed and Submitted,b/y: L0~RI'SMITH Attast.~ ~ /~ Legislative Assistant ~A~LA JDi-IN~/~O-'~, ~eputy73ity Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge