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HomeMy WebLinkAbout09/23/87TAPE #483 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 23, 1987 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, September 23, 1987, at 5:30 p.m. with Council Vice President Hank Waibel presiding. Council members present were Mottie Dawkins, Mary Lou Long, C. R. "Tiny" Collins, Shirley Marry Crutcher, Lon Overson. Absent were Councilmen Russ Johnson, Spencer Homing, A1 Colvin. Also present were City Attorney Ian Sievers and Gil Johnson, Deputy City Clerk. The meeting opened with the Pledge of- Allegiance led by Council Vice President Hank Waibel and the Invocation given by Reverend Win Swanson of The Church Of The Nazarene. CONSENT AGENUA A. Minutes of Meeting held September 16, 1987, #AB87-252 #0180 #0204 M/S/C/U(Dawkins/Crutcher) to approve Consent Agenda corrected - "approving Minutes of September ~, 1987 ". as SPECIAL PRESENTATION Pollce Chief Lynn Coney read a Letter Of Commendation citing the exemplary actions taken by Reserve Officers Mike Livick, Dennis Gillam and John Blough in the apprehension of Daniel Yates, alias Michael Wayne Smith, on the night of September 18, 1987. Daniel Yates was wanted in connection with the possible rape and assault involving three teenagers in the Silverdale area of Kitsap County. The suspect was regarded as possibly armed and dangerous. Chief C~ney introduced the officers' wives and presented each officer with a "Medal of Merit". Mayor Gene Lobe presented each officer with a framed Letter Of Commendation. CLAIMS/WARRANTS REGISTER Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. M/S/C/U(Long/Crutcher) on September 23, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 31753 through 31844 in the total amount of $149,029.33 and Regular Payroll in the amount of $320,851.38. PUBLIC RECOGNITION GeorGe Allen, 1300 N.E. Bond Road, brought up a point of Parliament Procedure whereby the public would be able to comment or rebut after the Council have had an opportunity to speak to an issue. He strongl;y supports this suggested procedure as it allows additional input from the public. Also, Mr. Allen supported the City charging a flat rate of $1.00 per square foot for repair of sidewalks...he also felt the City's liability on fie sidewalk repair issue was not TAPE #483 City Council Reg. Mtg. Minutes September 23, 1987 Page 2 of 5 clear just who had the liability, the property owner or the City considering the City's legislation on parking on par~ing strips in some areas. Roy McGinnis, 2711 Maple Street, stated he was glad to be back in attendance of Council meetings, he had been away for a short time. He also thanked the Council for recent actions taken which provided for removal of junk vehicles in his neighborhood. Andrew ParVpa, 1122 Hayward, supported the suggestion that Council allow public input on second readings and felt that whatever the Council decision on this issue that they should be consistent in the future. Also, Mr. Parypa expressed his concern on the sidewalk repair issue and requested Council to consider changing Chapter 11 of the BMC to show the Council's intent that if parking is allowed on parking strip areas that the abutting land owner is not responsible for damage and cost of repairs. Kate Lacey questioned if anything was being done or planned to be done for the street kids in Bremerton. Due to the recent attack on the three young people she felt there is a need for some type of shelter program. After looking briefly into this issue she found that there is State and Federal monies for adult programs but nothing for street kids. Ms. Lacy expressed her commitment to volunteer to head'up such a program if there is enough community support. Andrew Parypa, 1122 Hayward, reported that a tremendous amount of act.on has been taken on the concerns and conditions he reported to Council previously, via pictures, and would hope that more people would become involved in helping to clean up residential areas. COUNCIL MEMBER REPORT Mr. Dawkins reported the Ferry Riders Coalition met with staff of the Ferry system along with Admiral Parker. Things are looking up - more people are riding the ferries. Admiral Parker indicated that the two passenger ferries would probably be going to Vashon and Bremerton with the third boat used as a back up. The Ferry Riders Coalition group will be meeting with Governor Gardner next month. Mr. Crutcher artended Council Operations Committee meeting where the issue to sidewalk repair and parking issues were discussed. He noted that Council is aware of the concerns and problems and are working on ways to correct problems. Mr. Collins also is concerned with sidewalk repair and the issue to parking on "strips" and that City staff is looking into the issue as it affects the whole city and ways to better to handle the issues. Mr. Collins stated the City is old and needs many things and the City should look at each individual case and not try to build a very exacting distinct "do everything for everyone" process. Mrs. Lone stated she liked the format of having Public Recognition held prior to Council Member Reports as it gave Council members the opportunity to respond to a citizen's question or concern. The issue of allowing vehicles to park on parking strips and who is held liable for damages is a serious concern and one that the City is looking into. Also, Mrs. Long supports the suggestion of have a $1.00 per sq. ft. charge for sidewalk repair and whatever City policy TAPE #48~ City Council Reg. Mtg. Minutes September 2S, 1987 Page S of 5 is - it should be consistent. Mrs. Long supported the suggested policy of allowing citizen input on second readings/hearings; and she also supports a strong ferry service out of Bremerton and believes that the passenger only service can still become a fine service but never to be considered a replacement for car/ferry service. Mr. Waibel had the opportunity to stop over in England over the weekend and found that municipal governments are similar around the world. He artended a meeting with the Mayor, Legislative Representatives and Mr. Bill Kamps to discuss Ferry service and reported that a consensus is that Bremerton needs to have a more united voice and consistent plan. 6A - SATELLITE PARKING AGREEMENT FOR YMCA ATHLETIC COMPLEX, #AB87-253 1985 Concession Agreement providing for construction and long term use of the athletic complex in Eastpark by the YMCA required that "parking area plans and/or joint use of parking must be approved by the City Council". (Sd) The Planning Commission approved a special use permit for this project based on the 3oint parking plan in conjunction with the municipal pool. This plan is incorporated in the attached agreement for Council approval. The Planning Commission also conditioned the permit upon approval of the City Attorney of improvements and maintenance of the lots and sidewalk connecting the lots to the facility. This cond'ition is met in Sections i and ~ of the Agreement. Mr. Crutcher questioned who would be responsible for the long-term maintenance? Arvilla Ohlde, Parks Director, cited Section 3 of the agreement which stated - "YMCA/City Operating Committee shall assign responsibility between the parties to this agreement for the cost and completion of necessary repairs to and maintenance of, parking lots and sidewalks". Ms. Ohlde gave a brief history of the original wording which stated there would be a split of the lots, YMCA taking five and City of Bremerton maintaining three of the lots. In the Fee Committee meeting of last month an issue of sidewalk repair of the Homer Jones strip which is 760 total feet of repair, was presented. What it said on their agreement was that Ace Paving had destroyed 90 feet of that sidewalk and it was their responsibility to repair that portion of the sidewalk. The City Street Department, in repairing that sidewalk, determined that the whole sidewalk needed repair and that with materials alone would come to a cost of $2,600 to do the whole trip. At that time the YWCA negotiated and said they would like to pay for total cost rather than just the 90 feet and in exchange for that the City would maintain all of the lots around the Eastpark area rather than 50/50. Ms. Ohlde briefly outlined the YWCA's complying with the City's Building Code relating to parking requirements and their agreement to re-surface all of the old existing lots. The agreement before Council now states who maintains the lots. Mr. Overson stated the reason it is established this way is the complexity of issues that might come before Council in the maintenance of these facilities. The Fee Committee has responded to other problems and made recommendations to Council for funding. Mr. Waibel expressed concern that Paragraph 3 of the agreement is allowing the Fee Committee to tell Council what TAPE #483 City Council Reg. Mtg. Minutes September 23, 1987 Page 4 of 5 #1627 their responsibility will be and would suggest that this be changed to reflect that the Committee's position come to Council as a recommendation. Ian Sievers, City Attorney, stated that Paragraph 3 starts off by not putting the City in a bad situation. Any responsibility that the Committee assigns to the YMCA would be to the Ctty's benefit. Also, it was the Committee's intent that the Committee assign responsibility but not enter into a binding contract to bind the Council to an amount to pay for maintenance. Some additional wording to the agreement may be needed to clarify that the responsibility for maintenance costs are subject to Council budgetary considerations. M/S/C/Collins/Crutcher) to authorize the Mayor to execute a Parking Agreement for YMCA Athletic Complex with the City Attorney inserting language reflecting concerns of the Council. Mrs. Lona expressed her concern that the Attorney may not have a clear understanding of the wording which will reflect the feelings of the Council. Also, she referenced Section One and noted there were no time limits specified and on sharing costs of ma3or costs in the future it would be near impossible to divide the parking areas and suggested that a 50/50 split be considered for covering costs of repairs. Vote: In Favor: Oppose: Crutcher, Collins, Overson, Dawkins Waibel Long 6B - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - WILLIAM H. BROUGHTON, #AB87-254 City Council approved retention of special counsel for a number of insurance fund and non-insurance fund litigation. Unanticipated time and legal expense requires the adjustment of this contract on a couple of the cases assigned. There is one additional case added to the contract. Ian Sievers, City Attorney, stated one new case was added which involved a Block Grant Loan foreclosure and the need to teassign our Trustee and have attorney fees not associated with the City Attorney office in order to do that non-judicial foreclosure; two other cases ran extra trial time and a third case was extended in order to perfect an appeal and also handle a motion 'to argue about a continued stay of benefits to this claimant. Other cases listed are closed on budget and Greg Brown's case was returned to the City Attorney's office previously which saved some money from original contract. Mrs. Lon~ stated for the record that she does not understand how attorneys charge out their costs. Mr. Waibel stated for clarification Council's intent in contracting with Mr. Brought was to use his services for those cases he was involved in at the time of his leaving and not the intent to carry on an ongoing relationship with Mr. Broughton. Mr. 0verson questioned what affect the contracting outside legal services has done to his budget. Mr. Sievers stated that currently he is way under budget in this category. TAPE #488 City Council Reg. Mtg. Minutes September 23, 1987 Page 5 of 5 #2050 #2500 M/S/C/U(Collins/Dawkins) to authorize the Mayor to execute the contract amendment. ~A - ORDINANCE #412~ (SECOND READING) LEVYING MUNICIPAL TAXES, ~AB8~--250 Mrs. Lona raised the question if this action by increasing the property tax by 6% for final assessment - in any scenario would increase property taxes for average homeowner or resident in the City of Bremerton. Rich Hanna, City Treasurer, stated that by raising tax revenue by 6% where there is a decline in the overall assessed value of the City that there may be property owners who will receive a higher tax next year. M/S/C(Overson/Collins) to approve Ordinance #4121 on second reading, levying municipal taxes against all the taxable property within the City limits of Bremerton for the year 1987 and approving the assessment roll made by the Assessor of Kitsap, therefore to be collected in the year 1988. Vote: In Favor: Oppose: Abstain: Overson, Dawkins, Collins, Waibel Long Crutcher With no further business meeting adjourned at 6:50 p.m. · SKEY CIT ~RK C U , APPROVED SPENCER HORNING, Council President City of Bremerton KLM/SH/me ccss: Normal Distribution File/Vault