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HomeMy WebLinkAbout11/19/86TAPE #399 #0173 #0190 CItY COUNCIL MEETING MINUTES November 19, 1986 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, November 19, 1986, at 5:30 p.m. with Council President Spencer Homing presiding. Council Members present were Lon Overson, Morrie Dawkins, Marry Crutcher, Hank Waibe], "Tiny" Collins, Mary Lou Long, A1 Colvin and Russ Johnson. Also present were Acting City Attorney Lorna Corrigan and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Homing with Police Chaplin Jim Hill giving the Invocation. CONSENT AGENDA Item #A - Minutes of November 12, 1986, #AB86-434; Item #B - Bid Award Recommendation for FY87 - Gasoline, Fuel and Heating Oils, #AB86-435; - Wi!kins Distribut- ing Co., Inc. as to specifications and overall low Bid. Item #C - Bid Award Recommendation for FY87 - Concrete Pro- ducts, #AB86-436 - Bremerton Concrete Products; Item #D - Change Order No. 23 to Contract C-l, Wastewater Treatment Plant, #AB86-437. Mr. Ken MacKenzie, Wastewater Compliance Officer explained that the Change Order documents the final contract amount and final completion date. The contract has been accepted and the retainage released. The Department of Ecology has requested this change order to provide final documentation for their files. Final total Contract Price amounts to $15,437,623.31 which is 3.5% over original contract amount. Mr. Overson commended the Staff for the low percentage overage and stated, in this State, this must be a record and example of keeping costs within projected limits. Mrs. Long asked what the grant amount from the State equaled and was the contract totally grant eligible. Mr. MacKenzie responded that the City was eligible for 50% State match with only $100,000 of the total project not grant eligible. He stated the overall cost for the new Wastewater Plant and Facilities was estimated at $22,000,000 with final costs approximately 23,000,000. · M/S/C/U/(Overson/Waibel) to approve the Consent Agenda as presented. CLAIMS/WETS 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/(johnson/Dawkins) on November 19, 1986, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #26433 - #26594 in the total amount of $300,239.88; Pre-Writtens, #26427 in the total amount of $168.38 and Gross Payroll Vouchers in the total amount of #286,925.47. COUNCIL MEMBER REPORTS Mr. Johnson reported that Budget Hearings for FY87 are continuing and stated Council will have open hearings on Thursday, November 20, 1986, and conclude with final hearings on Monday, November 24, 1986. Recommendations and TAPE #399 ' City Counci, _~g. Mtg. Meeting November 19, 1986 Page 2 of 8 changes by Personnel department should be received tomorrow. Mr. Colvin noted that the Senior Center on Nipsic presented Mayor Gene Lobe a check for $1,200.00 to the City. He thanked the participants for their contribution to Bremerton. Mrs. Long reported that all Council has been involved for several weeks in the Budget process. She was critical of the "Preliminary Budget" document and stated it does not compare with like size cities in the State. She said sne has received several complaints from citizens about the lack of detailed information and inability to understand the budget in the format presented. Mr. Crutcher stated he has communicated the budget process and Council's concerns to his constituents and he felt they understand the situation facing the City in the coming months. He stated citizens expressed faith in the decisions Council must soon make. Mr. Dawkins reported on the first few weeks of operation on the Foot-Passenger Ferry ("Express") and that Admiral Parher reported to the State Senate/House Transportation Committee that it has not met expectations. Some days there is high usage and some days minimal. He encourage citizens, who do not need a car when traveling to Seattie, to use the foot ferry. Mr. Dawkins stated that Vashion island residents have submitted a petition with 900 signatures, to obtain the same type of service. It would be a disaster to lose the service after the efforts the City has extended to convince the State that the operation would be financially feasible. The Ferry has had to slow down due to complaints from residents along Rich Passage but it still is only a 35 minute passage to Seattle. Mr. Overson reported on the progress of the new YMCA construction and the additional burden imposed on the Parks department Staff. They have spent many additional hours supervising and correcting initial problems which, in the long run, with save the City many dollars. He commended the Parks Staff for an excellent effort. PUBLIC RECOGNITION Mr. Pete F1ynn, Executive Director/Mainstreet, was present to introduce his replacement Mr. Larry Merchant. Mr. F1ynn, will be leaving Mainstreet Association for personal reasons and thanked the City Council and Staff for it's cooperation and support for the Mainstreet Association program. Mr. Merchant gave a short overview of transition activity which will include establishing priorities for Mainstreet. He encouraged continued cooperation between the City and Mainstreet and looked forward to the association with downtown businessmen, owners and City officials. Mr. Don Pratt, Plannjng Director, gave an update requested by Council directlye on Parking Lots located at 909 and 9!5 McKenzie owned by Mr. joe Mentor. ~everai citizens have complained and November 12, 1986, submitted a petition, signed by 100% of the area residents asking that Ordinances #4061 and #4062 (Change in Land Use Restrictions) be revoked. in their Petition, the property owners cited several concerns that should be addressed. Mr. Pratt stated he and City Attorney Lorna Corri~an designed a three-part resolution of the problems and a joint-report which included the following: A. Enforcement TAPE #399 _ City Counci .~eg. Mtg. Minutes November 19, 1986 Page 3 of 8 #0956 #1309 1. Director of Planning requesting charges of zoning ordinance violations against Mr. Joe Mentor for operating illegal parking lots at 909 and 915 McKenzie. 2. City Engineer ROW violation for demolition and construction of city street (alley) without per- mit. Occupancy i. Temporary occupancy permit at 915 McKenzie until drainage is installed on December 31, 1986. 2. No occupancy permit at 909 McKenzie - Mentor ro be charged for operating illegal parking lot. Remedy 1. Fence Design - None; determined no design review required in this project's zoning ordinance. 2. Unused and illegal parking lots a. Abatement of nuisance for operating an ille- Gal parking lot. b. Health/safety abatement for drainage - City may undertake to correct cause and lien pro- perty causing damage. Mr. Pratt, under Section II of the report the Design Review for fences was addressed and Section III, responses to Mr. Stadler's interpretation of the "site" Plan. In conclusion, Mr. Pratt stated it was felt there would not be justification for another Public Hearing, unless somebody requests a rezone which is unlikely at this point. He stated, if a problem arises with drainage, steps will be taken by the city to resolve. Mr. Mentor will have until the 31st of December to correct problems cited and will operate the one lot with a temporary permit in the interim. He addressed several other issues of the complaint by area residence such as bulkhead, steel Pipes in alley and bordering the parking lots and that the alley at 909 McKenzie has been paved however 915 McKenzie had no condition that the alley had to be paved. Mr. Overson thanked both Mr. Pratt and Ms. Corriqan for their extensive report and wanted City Council notified of progress· Mr. Coivin asked if the property owners would have any rights under the law with Ms. Corrigan responding only through civil action. Mrs. Lonq stated she went down to look at the site and expressed concern about the bank not being protected. Mr. Baker, City Engineer, stated if the bank does collaspe, it will be ~r. Mentor's responsibility to correct and the City would take immediate action to see that it is done. Mrs. Long asked Ma~or LoDe if he would direct the City Engineer to take a closer look at the bank with the Mayor responding, only if it does not cost the City additional funds· APPOINTMENT TO THE PARKS AND RECREATION COMMISSION - RANDALL MACK, #AB86-438 Mayor Lobe presented a request for confirmation to the Parks & Recreation Board, Mr. Randall Mack to fill an existing vacancy· Mr. Collins spoke in support of Mr. Mack and the long association they nave shared. He urged confirmation. M/S/C/(Coilins/Dawkins) to confirmed Mr. Randall Mack to the vacancy on the Parks & Recreation Commission. VOTE: In favor: Overson, Dawkins, Crutcher, Waibel, Collins, Colvin, Johnson a Homing Abstain: Long Motion PASSED EXPENDITURE OF BLOCK GRANT ADMINISTRATION & HOUSING FUNDS TO PURCHASE CONSULTANT SERVICES, #AB86-439 TAPE :#400 City Councj "Rag. Mtg. Minutes November 19, 1986 Page 4 of 8 Mr. Pratt, Planning Director, stated the Administration of Community Development Block Grant and Housing programs is accomplished through allocation of Block Grant funds to personnel services categories. Due to the of illness the current Block Grant Coordinator may be unable to accomplish all necessary Administrative and Housing tasks. Use of consultants and temporary personnel may be required with minimal advance notice possibly, should a deadline not be able to be met by the Block Grant Coordinator. Mr. Pratt requested transfer of funds, already budgeted in various categories to accomplish the interim tasks. The funds are available from excess salary funds because the employee holding this position is presently on leave without pay. ~1482 · M/S/C/(Daw~ins/Colvin) to (1) move $5,000 from Housing/Per- sonnel Services Budget to Housing/Miscellaneous Professional Services; (2) Move $5,000 from Administrative/Personnel Services budget to Administration/Miscellaneous Professional Services, and (3) Authorize the Mayor to negotiate and sign a contract ~xtension or a new contract with a consultant to accomplish necessary Block Grant and Housing Tasks. In response to Mrs. Lonq, Mr. Pratt stated it would be least expensive by hiring temporary support personnel than consultants. VOTE: In favor: Opposed: Motion PASSED Overson, Dawkins, Crutcher, Waibe!, 'Collins, Colvin, Johnson &Horning Long AMENDMENT NO. 5 TO THE WASTEWATER SLUDGE UTILIZATION AGREEMENT BETWEEN THE CITY OF BREMERTON AND SOLGANIC SERVICES CORPORATION, #AB86-440 Mr. Ken MacKenzie, Wastewater Compliance Office, stated that the contract has been satisfactorily performed and it is recommended the term be extended. The time period of the agreement is limited to end with the request for proposals or sludge utilization to be returned in early january 1987. The cost of sludge will increased by approximately $400.00 per month due to a cost of hauling increase of $0.001 per gallon. Mrs. Long asked why $400.00 more per month. Mr. MacKenzie explained this is based on price per gallon or 450,000 gallons. #1825 · M/S/C/U/(Waibel/Collins) to approve acceptance of Amendment 2 to the Wastewater Sludge UtiLization Agreement, extending the agreement for an additional six months. TAPE #400 MAYOR'S PROPOSED BUDGET FY87 - CITIZEN COMMENT, #AB86-441 To provide an opportunity for citizen input on the Mayor's proposed 1987 Budget, Council extended an invitation for citizens comment. Mayor Lobe gave an overview of the existing financial problems and the fact that reduction-in-force is already a reality. Along with his proposed 1987 Budget, which includes some wage increases is a two part program to ensure balancing the budget. (1) To assess each property owner $1.00 per month ($12.00 annually) for street lights, and (2) raise the B a 0 Tax to .02. He stated many of the programs the citizens are accustomed to having would be in jeopardy, including public safety (Police and Fire) if the budget is not approved as presented. Mayor Lobe noted he submitted two proposals, Plan "A" and Plan "B". He emphasized the dollars available do not match services being offered, therefore some services/jobs must be eliminated. He felt TAPE #400 City Courier ~eg. Meeting Minutes November 19, 1986 Page 5 of 8 the revenue picture should improve mid-1987 with the intended arrival of the U.S.S.Nimitz. Regardless of the City Council's decision, he will cooperate and accept direction on what to retain and eliminate. Ms. McCluskey read into testimony letters from Mr. Niels G.Nielsen opposing Street light assessment; Mrs. Diane D. Huber & residents of 8th Street - in favor of more Street Lights, specifically 8th & Park Avenue; Mrs. Don& Ross Member/Puget Rental Owners Assn., Silverdale, in opposition to Street Light Assessment; Ms. Eiieen McKinney, Office Mgr./Puget Rental Owners Association, in opposition to Street light assessment. Individuals present to testify and submitting written testimony included; Mr. Norman J. Walton 2518 No. Wycoff, complained of the preliminary budget document is only a "micro-view" of budget and not sufficient to base any decisions because Mr. Jim Adrian - Opposition to Street Light Assessment and felt the tax is unfair and unequitabie and suggested (1) establishing a City-wide L.I.D. and a provision that those tax exempt entities like, Westpark, Shipyard, Library and School District share the cost. Mr. Adrian felt this would release approximately $200,000 for General Fund use. (2) Asking for authority to lift the Property Tax Lid for 2 years. He suggested February 5tn, 1987. He estimated that 30 cents/1,O00 assessed valuation would generate about $290,000. Also submitting written testimony were Mr. Chuck Laubach expressing opposition to raising the B a O Tax or Street Light assessment. Mr. jim Strait, 6530 Harlow Drive, was also in opposition to a Street Light assessment. Those present to testify included; Mr. Robert Schneidler, Pres./Bremerton Area Chamber of Commerce & Planning Commission Member stated the membership of the Chamber is opposed to any increase in B & 0 Tax rates or anything that may hinder incoming businesses in the community. M__r RaV Norton, 3631 Pepper Lane N.E./Banker, felt a Good coalition has been formed in an effort to promote downtown and opposed raising the B & O Tax. Mr. Randy Loun, Coons & Loun/Attorney, proposed limiting cuts in Public Safety (Police/Fire) or any demotions such as Department Secretaries until the acceptance of the james Study, after careful scrutiny by the Council. He also was in favor of both the B & O Tax and Street Light Assessment (resides in city) if it will maintain services. Mr. Bill Smith, Owner/B.Smith Cadillac, Toyota, Voiva Dealership, stated the B a O Tax impacts heavily the Car dealers and was against raising the tax. He estimated the cost to his operation at $2,000.00 per month. Mr. Bill Enqer, Puget Power Manager/Past Chamber President, said the encourage businesses back into the community, the City must be competitive with the County which does not assess B & O Tax. Also an agressive Annexation program would be in the best interests of the City. Mr. Clint Shinkie, CPA/645 4th Street, stated he represents many clients outside the City. He stated when businesses leave the City everyone loses. Ms. Ruth Davie, 1511 Park Avenue, felt the City is not a business. She felt the Preliminary Budget document was not informative enough to allow Council to make intelligent decisions. Mr. Carl Cramer, Owner Farrell's Pharmacy, felt the present B a O Tax is a heavy burden on small business and if an increase occurs all business will look outside the city to locate. Mr. Bert Pearce, President/Bremerton Crysler-Dodge, stated he made the decision to build a new dealership in the City 8 years ago and the B & O tax increase makes him think that was a mistake. Mr. At Hopwood, General Manager KBRO Radio, quoted earning TAPE #400 City Counci leg. MeetingMinutes November 19, 1986 Page 6 of 8 capacity, per capita, Kitsap County at $45,695 per household which according to statistics in the highest in the contiguous United States. He strongly urged the elimination of the B & 0 Tax to attract new business into the City because the dollars and investors are here. Mr. Ralph Lon~, Executive Director/Bremerton Area Chamber of Commerce, estimated 20 businesses have left the City in the past year. In terms of balancing the budget he said increase revenues or cut expenditures and also favored the total elimination of the B & O Tax. Mr. Herb Elfton did not concur. He suggested (1) eliminate specific line items in the budget; (2) eliminate Capital improvements, and stop commissioning high-price studies. Mr. Art Anderson, 1712 Ohio, felt the proposed Street light assessment is an unfair tax. Being an apartment owner, it is difficult to assess the renters. Also he was adamantly opposed to adding any new tax on the over-burdened Water bill. Mr. Stan Christensen, 419 Plum, (1) criticized the former Administration for eliminating the street lights. Had the City requested disconnection the cost would have been $28.00 per light however, replacement of those lights removed will now cost, one year later, $119.00 ea. He felt the City used poor judgement. Mrs. Christensen suggested charging a tax on Golf and Bowling as an alternative, and (3) noted that Animal Control was budgeted for $116,214.00 in 1985 and $65,000.00 in 1986 however it is bringing in excess revenue to justify it's existance and if RIF's are to occur, sue felt management vs employees who are the workers should be the first to go. Pastor Mike Grimshaw, Police Chaplin, 3206 Pine Rod. was concerned about Police cuts but had no problem with reorganization. Mr. Phyllis Jones, 2603 Reid, stated that when the Senior Citizens Center was scheduled for reduced summer hours, the Seniors banned together to raise $3,600 to keep it open. She stated it is the only facility in the County for Seniors and hoped that the City will not cut funding. Mr. Bill Brou~hton, Counsel/Representing 15 Businessman, reminded the Council of the decrease in B a 0 in 1982. He stated that the City Council, in an attempt to stimulate downtown business, proposed further cuts in the future. The primary reason was the annexation of Puget Sound Naval Shipyard and the construction of the Steam Plant which brought in additional revenues in 1986. He reminded Council that in the 1986 $LI's the #1 Goal was "Economic Development" He stated an alternative to B & O Tax would be a net profit tax and eliminate the B a 0 Tax altogether. Mrs. joe Stadler, 908 Park Avenue, was against employees taking cuts and attributed the financial discourse to poor managers and lack of ability as the biggest problem facing the City. Mr. John Parker, 411 'lJth Street, was in favor of a Street light assessment and would be willing to pay. Mr. ParVpa, Hayward Avenue, felt Managers should be laid off, not Bremerton Police Officers. He did not think management is doing it's job. Mr. Bert Gegner, 934 Washington, noticed that during the last 4 years there has been an decline in City of Bremerton services. His contribution, in an effort to help the City, was to join the Planning Commission. Mr. Geg~er credited the Commission with (1) instituting a new Parking Ordinance, a new Comprehensive Plan and new Zoning Ordinance. (2) He felt the City has the potential to go uphill and grow and felt City officials must stimulate the downtown core economically. Mr. Lou Weir, Investor/Businessman-Downtown, referenced comments already made and added his concern because other businesses have confided to him of their plans to close business in the City. With the arrival of the U.S.S.Nimitz, the population will be on the increase. He is opposed to B & 0 Tax but would rather see increase than cuts to Police and Fire. TAPE #401 City Counci~'~eg. Mtg. Minutes November 19, 1986 Page 7 of 8 Mr. Gregg McClellan, Kelly Road, criticized the City in determining that two (2) individuals would be able to adequately perform Animal Control services City-wide. He supported contracting out. Mr. E.L.Sturdivant, Past Councilman/3231 Halvorson, reminded Council of the 1986 Statements of Legislative Intent (SLI's) which placed Waterfront Development and keeping businesses downtown as top priority. He stated it is the Council's responsibility to follow-through on the SLI's. Council recessed from 8:15 - 8:25 p.m. Mrs. Lonq requested the record to reflect that she received a call from Ms. Peqgy Isbell who expressed opposition to both the Street Light assessment and B & 0 Tax. ORDINANCE (FRIST READING) ADOPTION OF 1985 UNIFORM CODES MATED BY THE STATE OF WASHINGTON AND AS AMENDED, #AB86- 415 'Mr. Don Pratt, stated the City had adopted the 1982 Uniform Codes with certain modifications on in june, 1985. The 1986 Legislature empowered the State Building Code Council to adopt statewide Building Codes. The State Building Code Council has mandated that the 1985 Uniform Building and Fire Code be enforced statewide beginning june '!1, 1986. In order to enforce previously adopted City amendments and comply with State law, the City must adoot the 1985 Uniform Building and Fire Codes including the desired amendment. A summary of new amendments was available in Council packets. The amendment of concern to potential builders/remodeling contractors would be the requirement to sprinkler buildings in excess of 10,000 square feet. Leonard Marks, Fire Chief concurred with Mr. Pratt's statements and stated that the document being used by the City before the 1985 changes has two paragraphs pertaining to the uniqueness of the City. Mr. George Allan, 1300 N.E. Dawn Road, stated he work six years as the City's Building Official and felt many of the requirements are redundant in the proposed o~dinance. He said the State adopted UBC is only three pages while the City is proposing a document 53 pages in length. As a plumbing owner/contractor, he complained of the lack of a mechanical license and the fact that landlords will be allowed to do their own work or work for others without a license. Mr. Bert Gegner, 934 Washington, as a rental owner asked if the Code would be retroactive, for compliance and applicability. Mr. james Skirving, Realtor/Developer since 1937, stated the new Codes will discourage owners to fix-up existing dwellings because of the stringent Codes. In response to Council questioning, Mr. Chet Meigs, Fire Marshal, stated the primary reason for the adoption of the new codes with amendments and appendixes is "Life SafetV" Mrs. Long referenced (pg. S0, sec. 2) and would the City lose revenues without requiring a operating license. Mr. Meiqs stated the State requires a license which is sufficient and the City has experienced problems with trying to Police contractors into ensuring they are licensed. By the time the work is done the contractor is gone. johnson asked how this would effect the "Life Safety Code". Mr. Meigs responded that it would De mute. Mr. Meigs said, if adopted with appendixes, the only change is the amendment to Chapter 38 which is the same as the County therefore makes Bremerton competitive for new construction. He further stated that stinklet systems would be required only in new construction unless the usage of an older building is TAPE #401 City Counci, ,~eg. Mtg. Minutes Nove~rber 19, 1986 Page 8 of 8 changed. Mr. Horning added, in response to Mr. Ailan's concerns, that individuals who do their own work still have to be licensed and that inspections would be continued in 1987. #i7!0 · M/S/C/U/(johnson/Waibei) to approve an Ordinance, first reading, repealing #3966 is entitled the "Building and Fire Safety Code" and readopting the provisions of Ordinance #3966 with modifications. #1813 ORDINANCE #4086 - (2ND. READING) RELATING TO UTILITY OCCUPATION TAX AND AMENDING ORDINANCE #3988 · M/S/C/(Waibei/Coiiins) to approve Ordinance #4086, second reading, relating to Utility Occupation Tax on Water anU Wastewater Utilities and amending Ordinance #3988. VOTE: In favor: Dawkins, Crutcher, Waibel, Collins Colvin, johnson & Homing Opposed: 0vetson ~ Abstain: Long Motion PASSED. With no further business, meeting adjourned at 9:07 p.m. KATHLEEN L. MCC City Clerk un 1 President Ci 2 Dist File/Vault