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Home My WebLink About11/07/84TAPE #193 #0000 CITY CfX3NCIL ~_iTING MINUTES November 7, 1984 The regular meeting of the City Council of the City of Brenerton, was held in the Council Chambers, 239 4th Street, Bremerton, Washington, Wed- nesday November 7, 1984, at 5:30 p.m. with Council Vice-President Jim Adrian presiding. Present were E. Sturdivant, Spencer Homing, Roy Mosely, Phil Drouin, Clyde Pachek, Bill Amo and Russ Johnson. Also present were Mayor Dawkins, City Attorney Broughton and City Clerk McCluskey. Absent - Ande: The meeting was opened with the Pledge of Allegiance, led by President Adrian with Councilman Johnson leading the invocation. ~0052 CONSEi~T AGENDA Ms. McCluskey read the Consent ~xgenda to include items #A, C, & E as fol- lows; Minutes of October 31, 1984, #AB84-544; FquiB~ent Rental Fund Pur- chased of Close Circuit Television equiFment, #AB84-546 which is to be used for for inspe~on of sewer lines, and an kmendment #13 to "Step ir' Agreement for Wastewater Facility Project, #AB84-548. M/S/C/U/(Mosely/Pachek) to approve the Consent ;~3enda, items A, C, and E inclusive. Ms. McCluskey read iten #B, Consent Agenda, #AB84-545, requesting approval to award a bid for replacement of the Anderson Creek Pump Station, and re- lated appurtenances, to Metoalf-Grinvn, Inc. of Bre~e_rton. The firm was lowest responsible bidder at $727,556.93 including tax. The project will be 40% funded by State ReferendL~n 38 Grant Funds and 60% by Water Utility Ct[nulative Reserve Funds for system] improvements, previously approved by Council. ~0129 #0322 Mr. Bill Duffy, Water Utility Superintendent was present to answer questions frcm the Council. Councilman Drouin wanted to know if the replacement would increase the capacity with Mr. Duffy stating no. Mr. Duffy did say that it would update the systen to meet State requirements and the project will take approximately 180 days to ccmplete with no increase in water rates. M/S/C/U/(Drouin/Mosely) to a~prove awarding bid for replacement of the Ander- son Creek Pump Station, and related appurtenances, to Metcalf-Grj/ma, Inc. of Brenerton. MS. McCluskey mad itefn #D, Consent Agenda, #AB84-547, frc~n the Clerk' s office to accept a Micrographics System Proposal to be implemented irmediately. The City Council has approved $31,000 for Micrographics Equipment in the 1984 bud- get for the City Clerk's office. The City received three proposals with Financial Systems Products Corporation offering the City an opportunity to adapt a system to it's needs, rather than the City adapting to a system. It was reccrale_nded to accept the proposal sukFaitted by Financial Systems. Mr. Steve Perry, Information Services Division, was available for questions frcm the Council. He stated that it was agreed that a single "Micrographics Center" should be established within the City to provide a cc~a~on service to all users but to avoid duplication of equipment, supplies, training, and effo~ within each departlnent. Costs would be further reduced by utilizing Microproc, u=~sir hardware (B25s) already available in the City as opposed to purchasing additiorh~l ccrtDuter equilAment for this purpose. Councilman Adrian asked if this would have an indexing system with Mr. Perry responding yes. Mr. Adrian also asked that a long-range plan be sukmtitted so Council could be apprised of future cc~puter needs. Mr. Perry stated that this should be available by years and. Councilman Sturdivant wanted to know why there would be only one Micrographics center with/n City with Mr. Perry responding that there would be minimum cost factors of one location. Further that sensitive material such as Police records that other inelividuals should not have accessed to will not be available for all to see. The center is planned to be set up in the City Clerk's office for retrieval and viewing capabilities. M/S/C/U/(Mosely/Amo) to approve the acceptance of a Proposal frc[nFinancial Systems Products Corporation to inr~diately implement the Micrographics Systen within City Hall, to include equii]nent and supplies for the purpose of indexing/ retrieval capabilities. C1Ly CUL~ICll t%,~9 ~r 7, 1984 Page 2 of 6 #0396 'e PUSLIC RECOGNITION Mr. Goodrich, Owner of Hearthstone P~staurant, was present to see if any research was completed regarding his request that the crosswalk,removed frcm Kitsap Way and Forrest Drive, be replaced. Mayor Dawkins stated that there is another Traffic Engineer' s nBeting scheduled for either Tuesday or Wednes- day of next week which will further discuss the issue and Mr. Goodrich's request, however, he said that research failed to support the stat~m~_nt that available parking was required as "part of the original rezone". Checking into the original records, nothing was mentioned about either cust~m~af or employee parking. CiAIMS~ REGISTER, #AB84-549 Clerk McCluskey read Special Warrants in the amount of $74,546.80, #'s 7018, and Regular Warrants in the amount of $250,654.61 #'s 7024 - 7290, audited and certified by Darlene He as required by RCW 42.24.090, and recorded on listings made available to the City Council. M/S/C/U/(Pachek/Sturdivant) to approve warrants as presented. MAYOR'S REPORT Ms. McCluskey read a Proclamation designating November 15th as "Great American Smokeout" with Lieutenant ~der Tom Hallard of the Naval Regional Medical Facility present to accept doc%m~_nt. Lt. Cmdr. Hallard is an Internist who actively supports the program and noted that tc~norrow evening, Harrison Memorial Hospital is sponsoring a program to "stop smoking". He encouraged all non- smokers to adopt scmeone who smokes and encourage that person to quit because of health reasons. Mayor Dawkins presented Fire Chief I~onard Marks to speak on the special "Resolutions of Ccmnne/x~ation" being presented to Officers end Firefighters of the Bremerton Fire Department who saved the lives of three people earlier this week. Young Jamie Henry, who was playing with matches, started a fire in a residence at 1121 Pacific Avenue-with two other occupants, a Ms. Hathleen Simmers and an unidentified male. Although there was a smoke detector the batteries were no good. Initially Battalion Chief Gary Larson, Lieutenants John Davy and Galyn Sorter and Firefighter Greg Finke were first on scene. Mr. Davy is credited with rescuing Jamie Henry. When it was realized that other occupants were still in the building, John Wilkins, Mr. Finke, Mr. 'Sorto~, and Ren Mauel assisted in reraoval of the other occupants. Each will be presented with an individual Resolution with one to remain in the Fire Administrative offices. Council President Adrian cc~n~_nded the actions of the Fire personnel and thank the Chief for the presentation. Mr. Joe Gero, Planning Director, stated he was preparing to give a monthly report to Council each month and tonight had several items to update to include; (1) Planning received a letter from HUD basically approving the Block Grant funding however, Environmental clearance will need to be dealt with before final approval; (2) the Housing Assistant Plan (HAP) was filed this date; (3) the Small Cities Grant has been suhnitted but it is unknown if approved; (4) A State Audit on HUD was performed by Mr. Seros recently, and (5) Mr. Don Pratt has been offered the Ccr~nunity Block Grant Coordinator position and has accepted, pending Council approval. He will need approximately two weeks to clean up his affairs with his present erqployer before assuming the position. Mayor Dawkins stated he has already reported on the Crosswalk issue on Kitsap Way but advised Council that the Land Clearance Ordinance should be before City Council within 2 - 3 weeks. AI~XiRNEY'S REPORT City Attorney Bill Broughton said a review on the above ordinance is being done; A rule making Ordinance is now in a preliminary draft; the Municipal Code book is being reviewed with Administrative appeal rights being drafted and hopes that eventually we will have an Administrative Manual and handouts available to public; He stated Assistant Attorney Mary Killian is on three weeks vacation and should any party need information she was working on, they are instructed to contact Mr. Broughton; City Attorney Broughton is scheduled to attend a Municipal Attornies conference Friday and Saturday and, noted that "Lorna", another city attorney, has won her last 6 appearances in court. City Council Reg. Mtg. Minutes November 7, 1984 Page 2 of 6 #1347 #1447 CCUNCIL MfMBER REPORTS CounciLman Homing reported his concern over the fact that sc~e of the voting booths are not Handicapped accessible and noted that he knew of one individual, wheelchair bound, who wheeled himself several blocks to the Senior Citizens center in Westpark, only to find out that there was not an accessible ramp whereby he could enter the facility. Councilman Johnson reported on the Budget & Finance committee and stated the Conmittee is presently reviewing the preliminary budget. Councilman Drouin reported on the Wastewater Facilities Ccnrtittee ahd r~ted minutes distributed frcm the last meeting with particular attention paid to iten #8, regarding area of potential new custc~ers for the sewer service which is still being addressed. He noted that when the City Council was changing required hookup needs frown 200' to 300' to meet County require- ments, the County did the same, reducing frcm 300' to 200' to meet City reguireTents. Now requirements are again different. ANNUAL CCI~ITY SERVICES BLfXIK GI~ APPLICATION TO THE STATE - KCAP, #AB84-550 MS. MCClUSkey presented a request frcm Mr. larry Eyer, Kitsap Cu,,mulity Action Program for an endorsement of Annual Ccr[mlnity Services Block Grant 'Applica- tion to the State. Mr. Eye spoke before Council stating what the application would provide, should KCAP receive approval frcra the State to include (1) Provide Emergency housing for 900 lc~-incon~ individuals; (2) enable 185 low-incc~e persons to receive low or no-cost medical/dental treatment; (3) Assist 25 individuals develop restFes, assist 10 to secure job interviews and 5 to attain meaningful e~ployment, and (4) KCAP will provide more than 7,000 client contacts to provii' information, contacts and referral for l~w-inccme people with these funds. He encouraged Council' s support of the application which will not Ex3st the City any money. Councilman Drouin asked how wo ccmpare with other cities in the State as far as low-income per capita population with Mr. Eyer responding that he does not have statistical data available but would guess the Brerertsn area is greater than most cormunities. Councilman Pachek inquired as to how long assistance is given an individual seeking KCAP assistance with Mr. Eyer estimating appro~. mately 2 weeks. M/S/C/U/(Johnson/Horning) to support Kitsap Cormunity Action Program's Annual Ccrrmality Services Block Grant Application to the State. Recessed at 6:20 p.m.; Recovened at 6:30 p.m. BOARD OF APPEALS/BUIlDING AND FIRE DEPARTMENT CODE ENFORC~M~gT, #AB84-541 Ms. McCluskey presented a request frcm Dave Delph, Building Official, to establish a Board of Appeals for the Building and Fire Department Code Enforce ment. Mr. Delph was present to answer questions frcm the Council. He stated that the Board was established for the purpose of meeting requirements that a five person Board be established by the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Ccde, Uniform Plumbling Code, and Uniform Code for the Abatement of Dangerous Buildings, State Energy Code and the Life Safety Code (NF~A 101). One single Board could service the requirement of all listed enforcement codes the City of Brenerton presently operates under. Five members of a list suhnitted are already serving the City Fire Code and Life Safety Code appeals boards therefore this action ~Duld e3qDand the area of service and pro- vide a smooth transition into one appeals board for all Building related appeals. Mayor Dawkins stated that the Board is necessary for a 6 month period so he was seeking Council support and stated that after the 6 months, the Board could be reviewed. M/S/C/U/(ATD/Horning) to approve the listing sutmlitted, establishing a Board of Appeals for the Building and Fire Department Code Enforcenent. City Council Rsg. Mtg. Minutes November 7, 1984 Page 4 of 6 UNAPP~f)VED ~, #2761 REQUEST FOR REZONE FROM R-1 to B-2 - "MUN KUE LIM", 3029 WHEATON ~AY, #AB84-552 Ms. McCluskey presented a request for rezone frGn R-1 to B-2, "Mun Kue Lim", located at 3029 Wheaton Way, with Planning Con~ssion recGnnendation to approve with a 5 - 0 unanimous vote in favor. President Adrian asked con- flict of interest question, with all Councilmen remaining seated. Carol Saari, Planner, gave a staff report noting that the fezone request is for 5,000 sq. feet of property on Wheaton Way between East 31st and Sheridan Road. She also noted that this property is 160' (3 lots No. ) of the second rezone request on tonight's agenda, "English" rezone. She stated that the Planning Cc~ssion passed Resolution #730. She said that 1983 the applicant received a variance for the size of the hcme occupation sign. Applicant's intention is to allc~ ccmlnsrcial use at a later date as a retail store with the existing use as a Shoe Repair store. There is existing utilities to include water, sewer, storm sewer/drainage (E. side of Wheaton), power and telephone service to the site. She said the City requires an additional six feet (6') of ROW along Wheaton Way to facilitate the future construction of a 2-way turn lane. Approval should be conditioned upon any revision to the site being consistent with the City' s use of this six foot strip of ROW. ~e Planning Department wrote the City Attorney' s office regarding the 6' setback con- dition of the Planning Ca1~tission recommendation with the Attorney' s office stmmarizing that "if tba record clearly reflects that the developer voluntari- ly entered into an agreerent with the City, the City has the authority to enter into an agreeTent with the developer requiring dedication of the land for an enlarged right-of-way", which the developer has agreed to do. Ms. Saari concluded the presentation stating that the probable use for the property is cc~mercial as it would be unlikely that someone would want to establish a residential type structure in an area heavily designated ccamercial. Mr. Lonnie Aban, speaking for the applicant did confirm that the applicant would be agreeable to dedication of the six foot setback. Ms. McCluskey, read into the record, a letter signed by 8 individuals who live in the inlnediate area, support both the "Lim" and "English" rezones. Councilman Amo stated that the Sheridan Neighborhood Plan rec~nended no more develolment on Wheaton South of Sylvan Way. Councilman Sturdivant stated that this was the recxlnrendation in 1977 but the area has developed mostly cc~mercial since then. Councilnkln Homing said be could not imagine other than cclnmsrcial use for the property in question. Councilman Johnson agreed but indicated that the traffic problems are really a serious considera- tion in the area, especially the left turn lane into the High School parking lot. Mr. Joe Gero stated that he had talked with the traffic engh~eer and she has indicated that, with in excess of 29,000 vehicles using the Warren Avenue bridge daily, there will probably be the need of a center lane to handle turns into commercial establishments between Sheridan and Sylvan Way in the future. Councilman b asked Mr. Gero if this area was on the 6-year Plan with Cero stating he could not respond without the doctment listing. Councilman Mosely said be understood that plans are to bring a fifth lane frcm Sheridan beck to Dibb going North on Wheaton Way. Councih~in Sturdivant objected to asking present rezone applicants to surrender more than a 6' set- back because the properties are smaller parcels and the area is destined for canmercial with Councilman Pachek agreeing. M/S/C/(Sturdivant/Horning) to approve the request for Rezone, "Mun Kue Lim" frcxa R-1 to B-2, located at 3029, on the condition that they grant a 6' dedication which is agreed upon for future widening of the street. VOTE: In favor; (6) Opposed; Amo & Johnson; Motion PASSED REQUEST FOR REZGNE FROM R-2 to B-2 - "ENGLISH REZONE", 3009 WHEATON ~AY, ~AB84-553 Clerk presented a request to Rezone fr~n R-2 to B-2, property at 3009 Wheaton Way, "English Rezone". Council President Adrian asked the conflict of interest question with all Councilmen remaining seated. Ms. Saari, Planner, gave the staff report presenting Resolution #731, which was approved by the Planning Commission 4 - 1 in favor of the request to rezone. The property is 15,000 sq. feet on Wheaton Way between E. 31st and Sheridan intersection, with a small residence at 3009 Wheaton Way and an City Council Peg. Mtg. Minutes Novemker 7, 1984 Page 5 of 6 UNAPPROVED DRAFf 3259 FAPE #194 ~0000 She indicated that Mr. & Mrs. English applied for a rezone to a B zone in 1983 but the Planning Cc~Taission denied for two reasons; (a) residential and achool areas should not be encroached upon by business uses and (b) business uses generate more traffic than residential uses and increased traffic will in]pact the right-of-way. The Sheridan Neighborhood Plan map (unadopted) desig- nates the subject site as C-2. During review of the requested rezone, the Engineering department noted that the right-of-way is an identified proble~ therefore the building must set beck far enough frcm Wheaton Way to allow 6' for ROW acquisition at a later date. As stated under conclusions, the Planninu C~nission rec~nended approval of this site for rezone frcm R-2 to B-2 which would reinforce the precedent for further business zoning between Sylvan and Sheridan along Wheaton Way. Mr. Delmer English, 3526 Matthews Drive, spoke before Council indicating that his intent for tha rezone is to construct a 2-story office building with anple parking and conforming to all codes. His understanding is that eventually the high school w-ill be move to another lomtion in the future. ~s. Bonnie Bryne, author of the 8 signatured letter, is in full support of granting the fezone and she stated she is a resident of the area. Councilman An~D, felt that this rezone, in order to approve and be consistent with the "Lira" rezone passed earlier in the ~ting, should also be required to dedicate 6' setback with Councilman Homing agreeing. Mr. English said he has not objections to a 6' dedication. M/S/C/(Mosely/Pachek) to approve a request for Rezone frown R-2 to B-2 for prop<', .- ty located at 3009 Wheaton Way and the adjacent vacant lot to the North, "English" rezone with the stipulation that the applicant dedicate 6' for setback for future widening or expansion of Wheaton Way. VOTE: In favor; Councilmen Sturdivant, Pachek, Homing, Mosely, Drouin & Adrian. Opposed; Johnson Abstain; Amo Motion PASS~]D. REQUEST OF APPOIN~4ENT FOR CITY' S INSURANCE BROKER, #AB84-539 Ms. McCluskey presented a request to appoint and confirm the fire of Corroon & Black to act as the broker to market and service the City's insurance needs. She read a draft, which Kathleen Maurer, Risk Manager, prepared but was unable to present herself. Ms. Maurer indicated that to select a broker, who will he able to meet the needs of the expansive insurance coverage needed by the City, several considerations were addressed including; .(1) broker must possess the qualifications to appropriatly market the insurance besed on the City' s risk exposures; (2) ability to respond to crisis, and (3) be able to assist the City in determining method to minimize the exposures to risk. In order to meet the insurance needs the city had to search out, evaluate and reccr~nend to the Council the firm that achieves the City's insurance objectives. Other conside~ tions included experience, staff qualifications, marketing services, loss pre- vention, claim control, costs of broker services, etc. She indicated each firm was interviewed for 2 hours each and on the besis of the pre-qualification process and interview process the fire of Corroon & Black is reccr~nended as the City's broker. City Attorney Broughton spoke in favor of Ms. Maurer's reccmnendation stating that Corroon & Black are the only broker,of four interviewed, who have a set annual fee. They have the capability of reducing the City's premiL~n rates because they were also aw-aed brokerage contract with the County. They're product set up was inpressive and he made special note that the contract does include a 60 days notice to terminate. He emphasized that our carrier must allow City input for settlement. Presently Mr. Broughton said, many of the attornies are from the Seattle area, representing the City, therefore costs escalate whereby scme cases are easier to settle because cost would outweigh fighting the case. Councilman Mosely asked if carrier was not the same firm who approached the Wastewater Project with a flat rate of $196,000 and further why would corporations like Crown Zellerbech utilize Bremerton brokers if they were not able to meet needs of large corporations. Mr. Broughton responded that yes Corrcon & Black was the broker for the Wastewater Project but answering the question, regarding capable firms locally, he stated that the City' s needs are much rare ccFnplex, i.e., need to cover Police Officers, public utilities and streets, services departnents, etc. He said corporations like Crown Z do not ha~ such diversified coverage needs. November 7, 1984 Page 6 of 6 #0974 ~1401 City Attorney Broughton reminded Mr. Mosely that there was a reimbursement of premiums paid of approximately $65,000 because of the oversight. City Attorney added that local brokers and other brokers interviewed, stated that they could not cover the needs of the City, however, Corroon & Black were cxmtted to do so. He also said Corroon & Black worked well to solve the Waste~ater Project problems and actively helped to get the refund on the pre- miuns paid. Councilman Sturdivant stated he had discussed his questions with Councilman Pachek and Art Anderson and now urged the City Council to support the reccr~nendation of the interviewing cc~anittee and city Attorney. Ms. McCluskey added that Council should not misunderstand the ccr~nent at~3ut County brokerage and that the contracts are not ccmingled, only being pur- chased together to get a cost break. M/S/C/(Sturdivant/Johnson) to approve reccnmendation to award City's broker Professional Agreem~_nt to the firm of Corrcon and Black to market and service the insurance needs of the City of Bremerton. VOTE: In favor; Councilmen Sturdivant, Johnson, Pachek, Adrian, DrOLLin Homing & Amo Opposed; Mose ly Motion PASSED. MCCORMICK LAND COMPANY - lAND TRADE PROPOSAL, #AB84-551 Ms. McCluskey presented to Council a request frcm the Water Oitlity to consi- der an even trade for a parcel of land McCormick gwns, bordering the water shed (approx. 25 acres) for a piece of land the City owns in the Sunnyslope area (approx. 24 acres). It was stated that the lands seem ccnADarable in size and value. CounciLman Adrian asked Mr. Bill Duffy, Water Superintendant, if the parcels have been appraised. He stated that they have not because the Utility first wanted to see whether t_he Council would consider such a proposal.. Ms. McCluskey stated that the City ~hould always acquire an appraisal before property sale or acquisition whichwas reiteratedby City Attorney Broughton. She estimated that appraisal are not that expensive but the City is protected from loss through this method. Councilnkln Sturdivantwas in favor of an outside appraisal. CounciLman Drouin was concerned about property values and felt this was "horse trading". Again Ms. McCluskey emphasized the need for an appraisal. It was decided that no act/on would be taken until the proper procedures as requested by discussion were followed. M/S/C/U/(Pachek/Drouin) to take no action until the City can acquire a fair appraisal of both the City' s parcel of land and that that McCormick Land Co. wants to trade in lieu of the City' s parcel. With no further business meeting was adjourned at 7:53 p.m. k JIM A~RIAN, President Pro Tern City Council KIM:JA/cjs cc: Normal Distribution File KATHIRFN L. MCCLUSKEY, City Clerk City of Bremerton