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HomeMy WebLinkAbout04/08/86TAPE #334 LR'~kP~I~AF'E CITY~IL~J~'TINGMINUi~S #0049 #0632 April 9, 1986 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wed- nesday, April 9, 1986, at 5:30 p.m. with Council President Spencer Horning presiding. Present were Council Members "Tiny" Collins, Marry Crutcher, Morrie Dawkins, Mary Lou Long, A1Colvin, Russ Johnson, Lon0verson, and Hank Waibel. Also present were City Attorney Bill Broughton and City Clerk Kathleen L. McCluskey. The meeting was opened with Council President Homing leading the Pledge of Allegiance and. Pastor Hedwalt, Puget Sound Naval Shipyard Chaplin, giving the Invocation. CENS~ AGENDA Item A - Minutes of Apri 12, 1986, #AB86-113. · M/S/C/U/(Collins/Johnson) to approve the Minutes as distributed. Item B - Shoreline Permit Revision #57-81, #AB86-114; The Planning depart- merit presented a request fran the developer to revise an approved Shoreline Permit which entailed; (a) relocation of proposed condemini~rn units; (b) demolition of Seabrim Clubhouse; (c) relocation of parking and private garages, and (d) elimination of one access. Mr. Jerry Clark, Developer of the project, 2607 Bridgeport Way, Tacoma, WA., stated he was representing Mr. Shaw who requested Revision #57-81 - Site Plan which was approved by Council and the Department of Ecology. He displayed the revision draft showing the Condeminiununits as approved and Condominiununits relocated which must be approved through this revi- sion request. ~. Johnson felt that any new building location should require a new hear- ing. He further questioned the easement for the public to the beach with Mr. Hanna stating it will not change from the original location at #1 Punp station. He stated that when the Building Permit is issued this will be included. Mr. Collins expressed concern that while he sat on the Planning Carmission, he heard the issueon 3 occasions therefore should he step down City Attorney Broughton felt not because this was a new stage of the permit process. Mr. Collins wanted to know if the same height restrictions would apply to the new location of the building withMr. Hanna confirming. Mr. Hanna stated that the Clubhouse is an old building not worth salvaging therefore 'the decision was made to tear down. Mr. Dawkins felt the Site Plan has major departures from the original plan withMr. Collins agreeing. M/S/C/U/(Collins/Colvin) to remand the Shoreline Permit Revision request #57-81 to the Planning Canniss{on for hearing. #0653 CLAIIVS/WARRAN'rREGISTERS Vounchers audited and certifiedby the auditing officer as requiredby RC~ 42.24.080, and those expense reimbursement claims certified as required by RC~¢ 42.24.090, have been recorded on a listingwhich has been made available to the Council. · M/S/C/(Johnson/Crutcher) onApril 9, 1986, the Council by a split vote, does approve for payment those vouchers included and further described as follows: Regular Warrants, #19188 - #19310, in the total amount-of $74,978.52, and Pre-Written Warrants, #19181 - #19182, in the total amount of $565.98. VOTE: In Favor: Overson, Dawkins, Crutcher, Waibel, Collins, Colvin, Johnson &Horning Abstain: Long Mation PASSED 'TAPE #334 "' City Council Reg. L,~Lg. Minutes Apri 19, 1986 Page 2 of 6 #0688 #1325 · M/S/C/U/(Dawkins/Waibel) on April 9, 1986, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: Payroll Vouchers in the total amount of $299,229.37. FdBLIC RECEIZ~IITIC~ - None (ZXZI3NCILrv~IVBER~ Mr. Colvin invited fellow Council Members and the Public to attend the Sheridan Neighborhood Association presentation, "Ladies Night Out", April 17, 1986. The progrsmwill deal with self protection and "Officer ~C" will be presented byBremerton Police Department. Mr. Overson announced that Washington Avenue is now open for traffic and cff~Ynended those who were responsible for its repairs after a land slide. He stated that the Fiscal & Budget conmittee is reviewing the Statements of Legislative Intent and should have a presentation before Council soon. Mr. Crutcher noted that the Street department responded on a con~plaint of pot-holes on 7th Street and corrmended them for a job well done. Mr. Wiabel stated the Public Safety Conmittee met today and is working on the Street Light reduction and the costs to maintain. JCBDES(I~IPTI(I~I B3RBUILDINGOFFICIAL, #AB86-115 Ordinance #4005 requires job descriptions of all non-unionmanagement personnel be approvedbyCityCouncil prior to hiring. The Building Official position is open as of april 1, 1986, and advertising and hiring must be initiated. Mr. Dave Hiestand, Personnel Director, stated that until passedby Council there will be a delay in filling the position. He stated the position has been advertised in professional publications and journals, allowing the City to obtain the most qualified applicant. Also the salary has been adjusted to $32,500 from the original range of $31,000 -$35,000. Failure of passage will irr~act current staffing with increased workload and longer response time to service' the public. He said there was an inspector filling the position on a provisional'basis at this time. Other than the salary decrease, the only other major change is that the Building Official will report to the Planning Director instead of the Mayor as had been done in the past. In response to questions he stated the test will be based on education, certificates held, an assessment center, with theindividual appointedby the Mayor and confirmedby the City Council. He stated this position does not require an electrical inspector's certificate as this will continue to be done by the State. Mr. Collins felt applicants should not be ruled out by education if they possess the proper certification. Mr. Hiestand stated that in this Class Series of work, a better qualified individual, requiring a degree with education in this discipline is what the City needs because of the complexity of the job. Mrs. Long expressed interest in having the electrical qualifica- tions if possible for in-house insepctions rather than state. · M/S/C/(Overson/Waibel) to approve a new Job Description for Building Official. VOTE: In favor: Overson, Crutcher, Waibel, Collins, Long, Colvin, Johnson &Horning Opposed: Dawkins Mation PASSED WAGE & CLASSIFICA.TICI~I STt]DY PI{)FESSICRA. L'SERVICES ~I~W~EWI~rIFRED S. JA~/~S G3NSULTING SERVICE, AB86-116 On December 30, 1985, the City Council passed and signed a three (3) year Labor Contract with. Teamster's Local #589 of the Non-Uniformed employees. This Contract stipulated the following: (1) City shall conduct a Wage Classification Study; (2) The study will corrmence with the non-uniformed employee positions first, and (3) The data collected or surveyed shall use the ssme cities used in the 1985 Management Salary Survey. It is recognized that this is a minimt~nbut shall not serve the purpose of limiting the scope of the survey. Mr. Dave Hiestand, Personnel Director noted that 5 firms responded with 2 screened out. The 3 firms remaining were interviewed with Staff recorrmending the Fred S. Jsmes Consulting Services as most qualified and cost effective. He stated the Study will be done in two phases and the City is obligated to corrmence or they will be in violation of the bargaining agreement. TAPE #334 City Council Reg. g. Minutes April 9, 1986 Page 3 of 6 Mr. Waibel felt the Wage/Salary study should include benefits as part of the overall canparison with other cities to see where the City ranks. Mr. Hiestand stated the benefit figures canbe done in house through Persolmel and Payroll departments but cannot be added to the consultant agreement. He said the purpose of the study is to determine the tools for negotiating with the Unions for 1987/88 contract openers. Further the amount bid by various consultants did not cover benefit statistics. Mrs. Long was opposed to hiring consultants when trained professionals in the City's employ could do the job. Mr. Hiestand responded that it would take 3 individuals, 5 days a week for 5 months to complete the study. It was impossible for Staff in-house to accomplish with the amo~mt of staff available. He said that that AW~ prepares an annual wage/salary study, which includes benefits, of those member cities. #1823 · M/S/C/U/(Waibel/Collins) to approved awarding the Wage/Salary Consultant Agreement to Fred S. James for Professional Services which will include reports to Council on benefits by the Personnel department. lqZI~-DISCRIMINATICI~AEDENDLIVI~D ~-AIR ~_Cr #AB86-117 The contract for Garbage Collection and Disposal by and between the City of Bremerton and Brem-Air Disposal, Inc., executed in 1981, is a ten (10) year contract. When originally executed, the contract did not include a provision for non-discrimiation in employrinent practices. The Addendum Agreement provides Brem-Air will not discriminate in employment because of race, color, creed, national origin, sex, age or physical or mental handi- cap. In addition, in solicitation for employees, Brem-Air agrees to state they are an Equal t~loyment I~nployer. Ms. Margery Holsather, Per- sonnel Specialist, stated the City was requested in 1985 to review the history of the contract which she outlined. The last renewal, for a 10 year contract, was in 1981 (10 year increments). She said Mr. Lindgren voluntarily agreed to the addendum of the EBOp~ovisions. TAPE #335 #0009 · Pastor Larry RDbertson,Errfnanu~l Apostolic Church - 6th Street, spoke in support of Brem-Air's effort to remedy the contract but criticized the former elected officials for not being responsible in reviewing contracts for necessary inclusions. Mrs. Long asked that if the City is agreeing to open the contract, can other parts of the contract be negotiated at this time? City Attorney Broughton stated no! He said that only because Brem-Air agreed to the addenchxn did the City reopen to include the EBO verbiage. Mr~.Robertson asked the City Attorney and Council Members about Brem-Air's hiring prac{ices which the City has no present statistics. Mr. Horning stated it is the intent of this Council to correct the error and noted that sensitive issues take time to research. City Attorney Broughton noted that the City can require Brem-Air to report EBO information which would be made available in the City Clerk's office. He further noted that should Brem-Air be in violation of any of the EBDprovisions the City could take remedial action. Ms. Delores Easley 2500McWilliams, requested a follow-up process to the addendun. ~. William Kamps, Brem-Air's Legal Counsel, stated at one time he served as the City Attorney (not when con- tract was negotiated) and felt the missing language was an honest oversight. He felt his client, Mr. Lindgren, was making a good faith gesture in amend- ing the contract. He listed a nunber of minorities that presently are in Brem-Air~s workforce and that the company probably exceeds minority hiring requirements. Mr. Francis Bevelle, 164 Baer Blvd., stated he had applied t the inn and was told by an acquaintance they did not hire for a job wi ~ blacks. Mr. ckson, Brem-Air l~nploye~h/iVe 5 blacks,includinghim- self, and several minorities working for the canpany. In addition he stated there are not many openings because people stay with the carpany. Further he said blacks have been er~ployed with the company since 1978. Mrs. Long felt there should be language in the contract requiring EBO audits. M/S/C/U/(Waibel/Colvin) to approve the AddendumAgreement and authorize the Mayor to sign on behalf of the City and that the City Attorney request current EBO information from Brem-Air. Meeting recessed from 7:00 p.m. to 7:15 p.m. I-IDUSINGREHAB ~, AB86-118 As a result of declining CIZIJG funds, it no longer is financially feasible to operate a (]~SG funded housing rehab program. There are State funds to continue a multi-family program which would benefit mere people and cost TAPE #335 " City Council Reg .... Lg. Minutes April 9, 1986 Page 4 of 6 the City less for management of the program thus alluring the City to use it's CEBG funds for projects which will have a greater impact for residents of Bremerton. Mr. Joe Fabre', ComrnlnityDevelolxnent Block Grant Coordinator/Manager, noted there will be a 30% cut in revenue dollars during 1987. He explained the methodology in this proposal which was further expounded in am emo to the Mayor, April 3, 1986, on file in the Planning Department. He statedby changing the program there will be less staff cost, more money for other projects such as streets arid parks and it will mean phasing out the Phoenix Group as administra- tor of the existing loan program. This is scheduled to be complete in approximately two months, should Council approve the request. #0263 Mrs. Long stated her opposition to the part of the program that allows rental unit owners to take advantage of the low-interest loans. · M~S/C/U/(Dawkins/Colvin) to approve the recorrmendations outlined in memo to the Mayor as follows: - The City operate a multi-family program using rental rehabi- litation funds. - $25,000 of existing housing funds and program inceme be alloca- ted to fund management of the program. - The Mayor negotiate an extension with the Phoenix Group to assist in the transition of the program. The cost of the extension shall not exceed two months nor cost more than $8,000. CI~DI~ (FIRSTREADING) - ANIMAL ~L, AB86-097 This ordinance corrects various defects which have become apparent in the present Animal Control Ordinance. In addition, as an economy measure, this ordinance decriminalizes many offenses which are misdemeanors under the present ordinance. It is more expensive for the City to adminis- ter an ordinance which characterizes regulatory offenses as criminal offenses because the City is obliged to provide jury trials for such offenses and to pay the cost of providing a public defender if the defen- dent is eligible for such respresentation. City Attorney Bill Broughton outlined features of the ordinance with Animal Control Supervisor Nancy McCord assisting. She stated the ordinance should contain s~me verbiage to leash (control) cats and pigeons which is not contained in this draft. Mr. Broughton felt this may be impractical. Mrs. Dorothy Christensen, 419 P1trn concurred with Ms. McCord because of constant clean-up in her yard from cats. Mr. Paul Scheyer, 2111 Madrona Point Drive, questioned how this could operate effectively. Mr. Broughton stated bymerely reporting the offending m~imal with description. Mr. Stanley Christensen, 419 Plum, felt the same laws should apply to cats as it does to dogs. Mr. George Allen, 1300 Bond Road, and Mr. Jim Strait, 6530 HarlowDrive, both addressed the ordi- nance with Mr. Strait statinghe finally built a large sand-box for neigh- boring cats which he cleans regularly but solved the problem. Mr. Crutcher defended felines stating they cannot defend themselves, if leashed and was opposed to this type of restraint. Mr. Broughton noted that most cities do not attempt to leash cats therefore section 4(i) of this draft would apply to problem cats. Mr. Johnson noted the draft did not contain or address falcons or snakes (dangerous animals) and asked that the City Attorney research before the second reading. #1576 · M/S/C/U/(Waibel/Collins) to approve an ordinance, first reading, relating to the cc~nprehensive control of animals and repealing Ordinance No. 3745 and Ordinm'xce No. 3897 with suggested changes. CRDI~ (]~/IERGENCY) INTEREST BEARINGWARRANTS, #AB86-119 This ordinance is to provide short term financing of General Fund activities pending receipt of tax revenues and/or anticipation notes. Mr. Rich Hanna, City Treasurer stated he the Mr. Les Siglin, Budget Analyst, thorougtlly reviewed the budget and felt they have a clearer picture of the irm~diate funding needs oftheCity at this point. Until the City can take receipt of the first half of property taxes, collectedby the County, this short TAPE #335 City Council Reg. "g. Minutes April 9, 1986 Page 5 of 6 #2287 #2347 #2568 #2719 term financing will help the City meet immediate obligations. t~ stated that he and Ms. McCluskeymet with the County Treasurer this week to see if they could expedite release of the receipts sooner than the customary 6 weeks frGm collection, April 30th. Mr. Colvin asked if he would reappear before Council again with another emergency ordinance which Mr. Hanna said no. ~. ,~tcher appreciated the honesty in defining the City's financial picture. Mrs. Long asked Council Members to consider some kind of policy to preclude the City being in a deficit situation. Mr. Collins felt 6 weeks turn-over of receipts from the County was much too long withMrs. Long requesting staff to' look into recouping interest County receives on City dollars. Mr. Homing directedMs. McCluskey to: (1) research the amount of interest the County receives and (2) how far back can the City possibly collect. M/S/C/U/(Long/Colvin) to pass an Emergency Ordinance #4039 providing for the issuance of interest bearing warrants to cover a projected cash flow deficit in the General Fund and establishing the terms thereon and declar- ing an emergency. · M/S/C/U/(Johnson/Waibel) to direct the City Clerk and Treasurer to initiate a quick return of' Property Tax receipts from the County and that the City Attorney furnish a legal opinion on the right to recoup lost interest on Property Tax receipts (prior to being forwarded from the County to the City) through the Municipal Research Council. CRDIE (FIRSTREADING) REZ(lX~ FfKIVIR1 to R2 - FRANCES AB86-120 Pulled - One week. Cf0)I~ (FIRST READING) AlY/I~RTISINGMA. TrERLICENSE - RI~I~AND FEES, #AB86-121 Ms. McCluskey noted changes to the existing ordinance which included adding a pro-ration of license, adding special license of $25.00 for one-time carr~paigns, specifically exempted political, County, City, School, and Real Estate and added Hearing Examiner verbiage. Mrs. Long asked if Realtors, having signs posted in the City are exerr~pt with ~'. McCluskey stating only if they are directly advertisingthey need'to have a license but not"for sale" signs. · M/S/C/U/(Dawkins/Crutcher) to approve an ordinance, first reading, regulating public distribution of Advertising Matter and repealing existing Ordinances No. 167 81, Ordinance No. 133, 81, 82, §3 & 85, Ordinance #1468, §2, and Ordinance #3625, 81. · M/S/C/U/(Colvin/Collins) to give blanket approval of Items #7E - #7L, with Mr. Crutcher stepping down, as follows: (l~l)I~ (FIRST READING) I-I]rEL/~ LICENSE RI~I~ & FEES, #AB86-122 An ordinance setting License fees for the operation of a Hotel/~btel and repealiigOrdinance #2019 as amended by #3525, §1, and #3625, 825. ORDI~'E (FIRSTREADING) BCIVLINGALLEY- LICENSE REQUIRRVIEbrr & FEES,AB86-123 An ordinance Setting license regulations for Bowling Alley operations and repealing Ordinance #347 as amended by #1468, Section 1; #3132, Section 1; #3592, Section 2; #3669, Section 11, and #3625, Section 3. Cf(DINANCE (FIRSTREADING) SKATINGRINK - LICENSE RI~IRRVIgNT & FEES, #AB86-124 An ordinance setting license fees and standards for operation of a Skating Rank and repealing Ordinance #653, as amendedby #3514, Section 1; #3031, Section 1, and #3625, Section 5. Cf~INAN(Z~ (FIRST READINGI'HFATERS - LICENSE REQUI~, #AB86-125 An ordinance establishing a license requirement and fee for Theaters and repealing Ordinance No. 1382, 3625, Sec. 11, and all prior ordinances. CRDINANCE (FIRST READING) DANCEHALr,S & PIABLICDANL'~S REQUIRRVIENTS & FEES, #AB86-126 An ordinance establishing a license for Public Dances and repealing Ordinance #465 as amendedby #3508, #1799 and #3625, Section 4. CRDI~ (FIRST READING) CIRf~JS, CARNIVALS & SPECIAL EVENTS - REQUIRRVIENTS & FEES, #AB86-127 An ordinance establishing license fees and standards for Circuses, Public Amusements, Parades and Special events and repealing Ordinance #200, as amendedby #1894, #3515, #2961, #3874, and 3625, Section 2. TAPE #335 '- City Council Reg. g. Minutes April 9, 1986 Page 6 of 6 CSDINANCE (FIRSTREADING) AMUSeDEVICE LICENSE - REQUI~ & FEES #AB86-128 An ordinance setting an~nusement Device Tax and repealing Ordinance #2177, Sections 1, 2, 4, 5, 6, 8; #2541, Section 1; #3132, Sections 2, 3; #3592, Sections 3, 4; #3625, Section 23; #3669, Sections 1, 2, 3, 4, 6, 8, 9, 10; #3718, Section 1; #3753, Sections 1, 3; #3895, Section 1, and #3925 Sec- tion 1. CEDINANCE (FIRSTREADING) SHIYITr,I~qUS & LIMDUSINE SERVICE REQUIRE'~I~fS & FEES, AB86-128 An ordinance licensing Shuttlebus and Limousine Services and repealing ordinance #3699. Mr. Crutcher returned to the Council session. CHDINANCE #4038 (SECCIqDREADING) AAA~ IN LANDUSERESTRICTIC~qS, #AB86-111 #2829 · M/S/C/U/(Johnson/Waibel) to pass Ordinance #4038, second reading, amending Ordinance No. 3946, Section 1(7) relating to conditions imposed on the Anderson rezone; and setting forth a new Section 1(9). With no further business, meeting adjourned at 8:33 p.m. KA_qI4LEENL. ~~USKEY, City Clerk Director of Administrative Services KLM:SH/cjs cc: Normal Distribution File - Front/Vault