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HomeMy WebLinkAbout12/23/96 COUNCIL APPROVED JAN 8 1997 TAPE #1430 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES DECEMBER 23, 1996 #0046 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, December 23, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and Acting City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Lawrence Robertson of Emmanuel Apostolic Church. President Law made the following announcements: (1) Council concluded a Study Session prior to the Council meeting where they discussed an update from Michael Laine on his business enterprise and ownership of the 4th Street Building. (2) Council also concluded an Executive Session after the Study Session to discuss "potential litigation". CONSENT AGENDA Mr. McConne11 requested Item 2A be heard as New Business Item 7C. 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. M/S/C/U(Colvin/Montgomery) on December 23, 1996, the Council does approve for payment those vouchers included and further described as follows: 204566 - 204614 in the amount of $355,986.99; and Regular Payroll for the period ending 12/15/96 in the amount of $680,028.92. COUNCIL MEMBER REPORTS Mr. Winters wished everyone a Merry Christmas and a happy & safe Holiday Season, and offered a get well wish for his wife. Mr. Montgomery welcomed his daughter, son-in-law, and grandson, who are visiting from Montana; and wished everyone a Merry Christmas. Mrs. Huff-Menees wished everyone a happy and safe Christmas, and thanked the elves who left the goodies. TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 2 of 12 Mr. Farr noted the excellent work done on the sidewalk in front of the Admiral Theater and wanted to acknowledge Fred Hill Materials, Inc. for donating the concrete, Ace Paving for laying the concrete free of charge, and Northwest Laborers Employers Training Program of Kingston for performing the artistic hands-on treatment on the cobblestones. This Saturday, volunteers from the International Brotherhood of Electrical Workers No. 46 and numerous JATC apprenticeship program participants will work on installing new decorative light fixtures in the theater. Mr. Neville wished everyone a safe and happy holiday. Mr. Overson echoed all previous wishes! Mr. McConnell wished everyone a Happy Holiday, and thanked the staff and administration of the City of Bremerton for all the work done this year. Mr. Colvin brought up the issue of the Oakland School Administration and their recent decision regarding the teaching of a "separate" language for black students. After quoting "evil prevails when good men do nothing", he told of action he intends to take, including writing letters, because he disagrees with this decision; He mentioned a letter written to the editor of the Sun about the USS Missouri, and how the City of Bremerton should stop their efforts to keep the ship here. He disagreed with that position and supports all efforts to retain the USS Missouri in Bremerton. He advocates establishing a center with computers where senior citizens could teach young students how to use them. He congratulated James & Lillian Walker for being named "Citizens of the Century" by the Martin Luther King Scholarship Fund. He wished all citizens a healthful and happy holiday and also for the whole year to come. Mr. Law wished a Happy Holiday Season to all. MAYOR'S REPORT Mayor Lynn Horton reported she had an opportunity on Friday to view the inside of the Admiral Theater and was very impressed. She stated the work done was tremendous and will be a showcase for the community. She described the motif which will include a floor that looks like the bottom of the ocean, a panoramic mural depicting ocean life on the walls, and lighting that will make the walls shimmer, truly giving the sense of being on the ocean floor. She concluded by reminding citizens not to drink and drive, and to have a good holiday! PUBLIC RECOGNITION Kal Leichtman passed out a letter he received from the City TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 3 of 12 regarding Sidewalk Defects, which states "...the only settlement made was $18,000 with one claimant and was for damages that specifically alleged planter strip defects rather than sidewalk defects." He then read the definitions for the words specific and alleged, and stated the letter is confusing, and is unclear whether the City paid the claim without proof. He requested copies of the original claim, and all other paper work connected to the $18,000 payment. In addition, he wanted to know who is responsible for calling "concrete parking" strips, "planting" strips"? Vern Borah, who owns a house on Marguerite, is upset about the parking regulations. He questioned if any Council members live in an older section of Bremerton with the narrow streets? After counting four out of nine, he stated they would understand why he asked that question, if the Sun newspaper prints his letter to the editor. He asked how will emergency vehicles get through if parking is no longer allowed on the parking/planting strips and cars are forced to park on the narrow streets? He raised the following questions: (1) what section of the State law prohibits parking on these strips? (2) if these are "planting" strips, who is going to plant on them? (3) What about the concrete that is already there? (4) Is the City going to remove it? (5) Does the City have an ordinance on the books that they can not enforce? (6) Citizens have been parking on the strips for years and years with no problems... why is the City is trying to correct a "problem" that does not exist? Tom Dorton illustrated the importance of parking in this area by telling a story of working for the shipyard for over 38 years before earning the status of achievement of his very own parking spot. Upon retiring, instead of pleas for him to stay, there were only arguments over who would get his parking spot! He appealed to Council to put a lot of thought into this, because if it goes through, it will disrupt his whole neighborhood and affect the way they live their lives. Reverend Cleveland Williams, Ebenezer A.M.E. Church, invited all City of Bremerton Council members, Administration, staff, and all residents of Kitsap County to the third annual Martin Luther King celebration program to be held at the Kitsap County Pavilion on January 20, 1997, 10:30 A.M. to 1:00 P.M. This is a united effort for all residents of this area to come together under one roof to celebrate the legacy Dr. King left for ALL people. This program will be sponsored by the Kitsap County Commissioners, the City of Bremerton, and Ebenezer A.M.E. Church. The theme for this event is "A Man Who Climbed Mountains." Del Knauss brought a Christmas and New Year "wish list" for the Bremerton City Council and Mayor: (1) I wish that the City Council TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 4 of 12 would answer the public's questions in a timely manner; (2) I wish the Council and the Mayor would develop a plan to stabilize the sewer rates with no more increases; (3) I wish the Council and the Mayor would develop a plan that lets Department Heads and their staff do their job, instead of paying millions to consultants; (4) I wish the Council and the Mayor would fix our existing streets and alleys before they worried about grand speed ways into town; (5) I wish the administration would not tamper with the Comprehensive Plan or the Water Access Plan just to please one or two people; (6) I wish the Council and the Mayor would develop a plan to spend HUD loans on blighted neighborhoods -- $1.3 million would be a good start; (7) I wish for a Council that has equal information for ALL members, not a select few; (8) I wish for a Council and Mayor that don't think that they know better, or more, because they are in an elected position -- the public puts you in office, and should have the same information; (9) I wish the Council and Mayor would take a hard look at the Sinclair Landing Project and insure that the public will not be left footing the bill; (10) I wish the Council and the Mayor would give the public the total taxpayer's amount for the Sinclair Landing Project; (11) I wish the Council would take a close look at the Boards they sit on, and ensure there is no conflict of interest when related issues come to Council for vote; (12) I wish for a Council and Mayor that would balance residential concerns against developers; (13) I want to thank the Council and Mayor for the long hours they put in, and wish them a Merry Christmas, and remind them if they are fair to the public, the public will be fair to them. 7A - APPROVING CONTRACT FOR MEDICAL & DENTAL INSURANCE COVERAGE (KPS AND WASHINGTON DENTAL PLAN F), #AB96-293 In October 1995, the City hired Melvin R. Smith, Employee Benefits Consulting, to assist with the selection of medical, dental, and life insurance providers. An Insurance Benefits Committee was formed comprised of representatives from each union, management, the Mayor's office, Jim Meith from Human Resources, and Kathleen McCluskey, Administration Services. The committee has met on a monthly basis since October 1995 to develop an RFP outlining our insurance needs, evaluate responses, interview vendors, and make a final recommendation. The selection criteria included: cost, financial responsibility, flexibility, member satisfaction, quality of care, and range of service. Seventeen vendors responded (including life insurance providers). Four companies were granted interviews for the health and dental coverage. It is the recommendation of the Insurance Benefits Committee that the following contracts be awarded: Kitsap Physicians Service - medical 0% Group Health (AWC) - medical -2.75% #1045 #1064 TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 5 of 12 WDS Plan F + 9.69% The medical services provided by both KPS and Group Health are essentially the same as 1996. The dental program offers identical benefits with an annual maximum of $1,500 rather than $1,000. Kathleen McCluskey, Administration Services Director, added staff worked with the consultant Melvin R. Smith throughout the process. He provided an extremely detailed analysis of very complicated information, breaking it down to make it easier to understand. The entire committee interviewed the four vendors, and were unanimous on their recommendations. As far as the dental plan, the employees were polled to find out what they would like to see if additional benefits were offered, and the increase to $1,500 annual maximum was the highest priority requested. It is understood, however, that this is a one-year contract only, and may not continue to be offered if rates go up in future years, or if the financial situation of the City changes. The overall rate increase is only .73% for both medical and dental which calculates out to $12,300 of about a $1.5 million medical benefits budget. Public comment - none. Mr. Neville asked for clarification on the requirements for separate motions on this issue. Ms. MoCluskey stated a separate motion is required on the dental contract because a proposal is being made to change plans to a higher benefit; and KPS is a separate contract that requires a separate motion. No motion is required for the Group Health contract. Mr. Neville thanked the committee for their excellent work. Mr. Colvin asked if the dental program was for both permanent and temporary employees? Ms. McCluskey stated it was for permanent employees only. Temporary and seasonal employees do not receive medical or dental benefits. M/S/C/U(Neville/Overson) to approve and authorize the Mayor to sign the contract with Kitsap Physicians Service for the period 1/1/97 to 12/31/97; and M/S/C/U(Neville/Farr) to approve the implementation of WDS Dental Plan F for the period 1/1/97 to 12/31/97. 7B - 1997 AMBULANCE RATES -- APPROVAL FOR 911 BLS AID CALLS, #AB96- 287 Ms. Johnston stated this item was before Council the previous week, where both ambulance companies presented their rate-increase proposals. They also provided a second proposal, which was a direct 5% across-the-board increase for all rates. This item was held over a week to give the Fire Department a chance to review the second proposal and provide Council with a recommendation. TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 6 of 12 A1 Duke, Assistant Fire Chief, stated the Fire Department has reviewed the second proposal as requested by the Council. Before giving their recommendation, he pointed out the Fire Department is either directly or indirectly in competition with the private ambulance companies, and do not know what their operating costs are, so that cannot be taken into consideration. Therefore, the Fire Department's recommendation is based totally on what is comparable to other operations in the area. The Department recommends the 5% increase over the last two years. This will allow a smaller increase, and citizens will only be charged for what they actually use. Kim Doyle, Bremerton Ambulance, thanked Mr. Duke for speaking for them, and stated she was available to answer any questions. Public comment - none. Mr. McConnell, asked when the "wait time" starts? Ms. Doyle explained "wait time" is only charged if, for example, they were requested to pick up a patient at the hospital at a certain time, but the paperwork was still being completed and the patient was not ready at the requested time; "wait time" isn't started until after 30 minutes. Another example may be if a patient must be taken to another facility for radiation or MRI exams, and instead of charging two base rates, a trip there and a trip back, they would only be charged a "wait time" for the time it would require them to get their treatment. Mr. McConnell questioned for clarification then "wait time" does not begin at the scene? Ms. Doyle stated no, never. Mr. McConnell questioned how an ambulance company is called to a scene? Ms. Doyle stated CENCOM calls are monitored by the ambulance companies and they respond when in-city medical emergency 911 calls are dispatched to the Fire Department so that they can provide back up assistance. Mr. Montgomery repeated his comments from the previous week, that costs are going up higher than salaries and he would only support a COLA, not a 5% direct increase which is excessive to him. Mr. Winters asked how long Bremerton Ambulance has been serving the City of Bremerton? Ms. Doyle stated she has only been with the company since March, but as far as she knows it has been at several years; and the last rate increase was January 1, 1995. Mr. Winters stated the one thing he has learned since being a Councilman, is that citizens feel health and safety are very important, so he supports this increase because it will give the citizens a quality ambulance company in the City. #1320 TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 7 of 12 Mr. Farr thanked City staff for looking into this issue, and will honor their recommendation. Mr. Colvin asked if the City has any way to determine the operating expenses versus income? Mr. Sievers, City Attorney, stated the information to rely on is what are the comparable rates being charged in other cities, and the current rates being charged in Bremerton are less. M/S/C(Farr/Winters) to approve the proposed 5% rate increases for 1997, based upon the survey and the relative lower costs for services offered by Olympic and Bremerton Ambulance companies. Vote on motion: In Favor: Huff-Menees, Farr, Neville, Overson Colvin, Winters, Law Motion carries. Opposed: McConnell, Montgomery 7C - RESOLUTION #2579, REGARDINGAMENDMENT TO PREFERRED ALTERNATIVE FOR SR3/304 BREMERTON FERRY TERMINAL TO GORST VICINITY TRANSPORTATION IMPROVEMENT PROJECT, #AB96-292 At its meeting of December 11, 1996, the City Council held a public hearing on the reconsideration of the preferred alternative for the Burwell Street portion of SR304 as established in Resolution No. 2534 for the SR3/304 Bremerton Ferry Terminal to Gorst Vicinity Transportation Improvement Project. A modification to the preferred alternative was selected, and staff was directed to prepare the attached Resolution memorializing the amendment to the preferred alternative for inclusion in the Final Environmental Impact Statement. Randy Witt, City Engineer, stated the Agenda Bill is fairly clear, and memorializes what was previously talked about at the December 11, 1996 Council meeting into a Resolution form for inclusion in the Final Environmental Impact Statement. De1 Knauss referenced Mr. Witt's earlier comments about letters being sent to the State before the citizens committee's final recommendation, and emphasized if those citizens had waited to send in letters after the committee's final recommendation was presented it would have been too late to do anything. The letters stated facts that people living on Burwell would lose parking if it was made into a one-way corridor. Secondly, he felt wording should be included in the Resolution that says the City will improve alley roadways along that corridor and that any off-street parking provided by the City be in place prior to the elimination of parking on Burwell. Thirdly, he wanted Council to agreed that any change would not happen until increased traffic justifies that TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 8 of 12 action. Kal Leichtman, Bremerton resident, expressed concern that anyone attempting to cross Burwell at the intersection of High Avenue would find it very hazardous if Burwell was made into three traffic lanes. He witnessed a blind man with his seeing eye dog almost hit at that intersection. Therefore, before Burwell Street is made into three lanes it is important to take into consideration some measures to provide safety for pedestrians crossing the street. He suggested Council review Amendment 14 of the Constitution, particularly regarding the equal protection clause, as it relates to the City taking away parking from residents along Burwell Street. He stated maybe Council should take way parking in downtown Bremerton. Mr. Colvin asked the City Attorney what responsibility did the City of Bremerton have to provide parking for residents? He referenced the time when parking was removed from Warren Avenue and how that affected the residents in that area. Ian Sievers, City Attorney, explained in neither case does the City have to provide financial compensation or in-kind replacement parking. The error is in calling it "their parking", it is not a property interest that they have in the City's right-of-way that requires a due process before the property owner can be deprived of that property. Mr. Colvln asked what obligation does the City have to provide compensation if parking is taken away? Mr. Sievers stated none. Mr. Witt pointed out the proposed Resolution and the project lay out a method of providing off-street parking to account for the on-street parking that is removed. Mr. Colvin stressed that action may set a precedent to provide similar parking in other neighborhoods. Mr. Sievers stated it would not set a legal precedent, the City tries to provide as many amenities for all neighborhoods as financially feasible. In this neighborhood it may be providing parking lots. It is not an equal protection argument that can be enforced. Mr. Colvin asked if consideration had been given to the safety of pedestrians along the Burwell Street corridor? Mr. Witt explained that was addressed in the Resolution with the City committed to review the safety, specifically at High Street and State Street. Mr. McConne11 asked when was the hold by the State put on the project and who caused that action? Mr. Witt stated the record of decision was put on hold by the Portland Office of the Federal Highway Administration, who were aware and supported the Value Engineering process that the City conducted last summer. The hold was placed pending the decision to either not review it or if they chose to review it the conclusion of the review. Mr. McConne11 asked if the State arbitrarily put a hold on the record of decision without being asked or told? Mr. Witt stated they were aware of the Value Engineering Study recommendation and they made the #1808 TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 9 of 12 decision to initiate the hold. Mr. Witt felt that was a wise decision and if they had not placed a hold on the record of decision and it had been published in the Federal register, the City would have additional steps to go through to modify that record of decision than what is required at this point. Mr. McConnell asked who in the city requested the Olympia Office to take action? Mr. Witt stated no one, they were aware of the project and the process the City was going through. In addition, they were observers/partners on the Executive Steering Committee and funding of the project. Mr. McConnell asked the time frame for implementing the 3-lane plan on Burwell Street? Mr. Witt stated he anticipated implementing that plan either summer of 1997 or in the next 1-1/2 years. M/S/C(Montgomery/Huff-Menees) to adopt the attached Resolution No. 2579 regarding the preferred alternative for the SR3/304 Bremerton Ferry Terminal to Gorst Vicinity Highway Improvement Project. Mr. Montgomery restated to his knowledge people living in the city are not guaranteed parking on any city street in the United States, nowhere does their Property Deed reflect such ownership. Mr. Winters stated he was concerned over Mr. Knauss's request that wording be included in the Resolution that pre-situated alley parking be provided. He pointed out there are alleys and people do use them for parking at this point, but he could not find any reference to them in the Resolution. Mr. Witt stated for clarification he believed Mr. Knauss was speaking to the conditions of the alleys and how people access parking garages or parking spaces behind their residences. Mr. Winters was correct in that the project has never addressed alleys, condition of alleys or improvements to the condition of the alleys. The City is proposing to construct pocket parking areas, which would be essentially acquiring a lot and converting it into parking. He believes the condition of alleys is a separate responsibility of the City. Mrs. Muff-Menees stated since questions were raised during this meeting with respect to some of the safety issues discussed in the Public Hearing, specifically Mr. Leitchman's comments about State and High Avenue, several of those safety issues were acknowledged by the City Council and incorporated into the Resolution. She asked the Acting City Clerk to read what is to be provided. Paula Johnston, Acting City Clerk, read a portion of Resolution #2579 as follows: "Revise the Executive Steering Committee recommendation for that portion of Alternative C-3, between Callow Avenue and Washington Avenue from a one-way couplet on 6th Street and Burwell Street, to provide for: Three lanes of traffic on Burwell Street generally from Hewitt Avenue to Pacific Avenue, with two lanes eastbound and one lane westbound; retaining parking on one side of TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 10 of 12 the street; off-street parking to offset the removed on-street parking as appropriate; "bulb" out curbs at intersections; landscaping on Burwell Street; improvements to traffic signal coordination system on Sixth Street to address westbound traffic; improvements to the Burwell Street and Warren Avenue intersection; safe pedestrian movements across Burwell Street, particularly at State Avenue and High Avenue." Mr. Witt stated for clarification that in the preamble of the recommendations it speaks about revising the Executive Steering Committee's recommendation for that portion of Alternative C-3 between Callow Avenue and Washington Avenue from a one-way couplet on 6th Street and Burwell Street. He referenced Resolution 2534, dated November 21, 1995, and reminded Council that in 1995 there were a series of Executive Steering Committee recommendations that were being either approved or modified and in that Resolution it stated "we'll modify the one-way couplet to a "do nothing" alternative. This goes back to that original Resolution that stated we'll modify that one-way couplet to include the items read into the record by the Acting City Clerk. Vote on motion: Motion carried. In Favor: Farr, Neville, Overson, Colvin, Montgomery, Huff-Menees Opposed: McConnell, Winters Abstain: Law 8A - ORDINANCE #4581 (SECOND READING) ANNEXING ANAREAKNOWNAS THE WERNER ROAD AREA, AND FIXING THE EFFECTIVE DATE OF ANNEXATION, #AB96-283 President Law asked the "Appearance Of Fairness/conflict Of Interest" question with all Council members being seated. Ian Sievers, City Attorney, stated a change was made to the Ordinance between first and second reading, which was based on a new State Statute that involves the Assessor where property values counted for the Auditor whether it is registered voters counted for all City petitions, including Annexation Petitions, Referendums and Initiatives. He noted the Ordinance now will be conditional upon seeking that determination before it goes into affect. Butch Duke, 5820 Harlow Drive, stated he was also representing his mother. He pointed out during first reading of the Ordinance the majority of the people in the annexation area voiced their opposition to being annexed. Unfortunately, by State law it only takes 75% of property value to bring about an annexation. He quoted the following from the Staff Report under "Public Works and Utilities: "The main issues in this area are the street widths and (the fact that) they do not have curbs, gutters and sidewalks. Most of the streets are below City standards. There are not City funds (designated) to bring them up to this standard. It could be #2293 TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 11 of 12 accomplished through Local Improvement Districts or new development." He questioned what City standards were referenced in that statement? He is aware of many City streets that are narrow, without sidewalks, curbs or gutters. Also, at the first reading of the Ordinance there were two proposals provided by Terrie O'Neill, Municipal Services Coordinator, now he would like to know which proposal was approved by the City Council? Mr. Bievers stated he was not sure the proposal for annexation was changed or that an alternate proposal was submitted at the time of first reading of the Ordinance. The annexation area is a portion of the Werner Road area that was approved on 10%, and it is within the Council's power and prerogative to only approve a portion of that on final annexation, which is what is contained in the 75% petition. The area in the attachment, both legal description and map, were the proposal for final annexation. In regard to street standards, the City requires new construction to meet current City standards. Streets and sidewalks and other right-of-way development that has been developed in the past probably was installed under different standards. M/S/C(Montgomery/Huff-Menees) to pass Ordinance No. 4581 on second reading, annexing the Werner Road Annexation. Mr. McConnell stated he believed the second option was to exclude the Tweed area. Mr. Bievers stated Ms. O'Neill and the Administration recommended the proposed annexation area; however, the Council did have the authority to reduce the annexation area. Mr. Colvin pointed out issue relating to street standards was not part of this discussion and should not detour the annexation action. Vote on motion: In Favor: Colvin, Montgomery, Huff-Menees, Farr, Neville, Overson, Law Opposed: McConnell, Winters Motion carried. President Law thanked the TV camera crew for their services: Rob Rupe, Patricia Mathis, and Jim Campbell. TAPE #1430 City Council Reg. Mtg. Minutes December 23, 1996 Page 12 of 12 With no further business meeting adjourned at 6:53 P.M. \~'~ City Clerk KATHLEEN L. , J~.~LAW Council President City of Bremerton KLM/JL/1 s/me cc: Normal Distribution File/Vault