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Home My WebLink About07/27/83Tape ~19 Unapproved ,~ 27 ~ 0 Minute s~ CITY COUNCIL MEETING MINUTES July 27, 1983 Regular meeting of the City Council of the City of BremertonAUB 5 Washington was held in the Council Chambers, 239 Fourth St., Bremerton, Washington, Wednesday, July 27, 1983 at 5:30 p.m. with Council President Anderson presiding. Also present were: E. L. Sturdivant, Spencer Homing, Clyde Pachek, Phil Drouin, Bill Amo, ,ltm Adrian, ~uss Johnson, Mayor Dawkins, C:~ty Attorney Brou~hton and City (Flcr,k M<!C]uskey. Roy Mosely was absent. The meeting opened with the Pledge of Allegiance, and the invo- cation was given by Bill Amo. CONSENT AGENDA A. Bid Call request for Traffic Signal Coordination Improvement at Warren AveZ~eaton et.al., AB83-393 Motion by S. Horning and R. Johnson to approve consent agenda, carried unanimously. CLAIMS/VOUCHERS AB83-394 Claims audited and certified by the auditing officer as required by RCW a2.2~.090, have been recorded on a listing which has been made available to the Council. Motion by R. Johnson and C. Pachek as of this date, the Council does approve for payment the Salary Fund in amount of $288,973.20 and FICA in amount of $11,164.87 for payroll period July 17, 1983, carried unanimously. ~28a5 Tape 50 MAYOR'S REPORT Mayor Dawkins discusse~ Bremerton hosting three foreign exchange students from Japan for the month of August. The Mayor presented certificates of appreciation for outstanding participation in the National Special Olympics to Pete Bellis, swimming coach, Jim McNamarra, baseballsand double gold medal winner Greg Williams, 100 and 200 meter track. There was discussion regarding meeting with ferry officials and DOE's position that they have slowed the ferries down and a meeting isn't necessary. Motion by R. Johnson and E. Sturdivant that Council draft a letter to the head of DOT inviting him to a meeting, carried unanimously. There was discussion regarding drafting of an anti-fireworkS resolution. Mayor Dawkins discussed a legislative bill to be introduced, and the supporting resSlution will be submitted at that time. #0~48 PUBLIC RECOGNITION Maryellen Babbitt, Civil Service representative for non-uniform employees inquired at what point the tabled item from Monday's special meeting will be heard. It was determined this item of Old Business will follow ordinances. Ken Attebery, Planning Director, discussed the contract with Jacobsen for downtown redevelopment and the Mayor appointing a steering committee. Mr. Attebery invited Council members to contact him regarding appointment of gro~,ps to the committee. He discussed the Redevelopment Task Force as being the core of the group in order to maintain continuity. Mr. Attebery discussed two sections of the zoning ordinance that have been drafted by the City Attorney's office, and the need to go out for bids for word processing equipment. Chuck McEdward expressed appreciation for the return of an expensive book previously left in the Council Chambers, and expressed con- fidence in the 9 member council. Mr. McEdward discussed his interest in waterfront development. #0442 #O598 #0661 #0722 #0836 #m015 city council Meeting Minutes July 27, 1983 Page Two ATTORNEY'S REPORT Mr. Broughton discussed a recent judicial ruling in favor of the city In a 5 million dollar suit brought by a former employee. Mr. Broughton discussed two sections of the zoning orGinance that have been circulated to Planning for review. Mr. Broughton discussed Cencom's concerns regarding information and nusiance calls pertaining to animal control and efforts toward a tentative solution. Mr. Broughton discussed amendments to the taxlcab ordinance his office is working on. He will meet with Wastewater Committee to discuss insurance requirements. ORDINANCE 3855 - RELATING TO 1/47 REAL ESTATE TAX AB83-351 ~otion by J. Adrian and A. Anderson to pass on second reading, AN ORDINANCE amending Ord. 38~0 relating to ~% real estate tax, by the addition of a new Sec., No. 5, regarding establishment of a capital improvement fund composed of moneys collected from this tax, and expenditures from such fund, carried as follows: 6 affirmative, 2 opposed (Sturdivant, Pachek). ORDINANCE 3856 - REZONE AND LAND USE RESTRICTIONS (HAJEK) AB83-384 Motion by P. Drouin and E. Sturdivant to pass on second reading AN ORDINANCE amending Ord. 3a50, Sec. 1, relating to Haselwood rezone and land use restrictions. (HaJek), carried as follows: 7 affirma- tive, 1 abstention (Amo). ORDINANCE 3857 - WASTEWATER CONSTRUCTION FUND 309 AB83-385 Motion by J. Adrian and P. Drouin to pass on second reading AN ORDINANCE amending Ord. 3839, relating to Wastewater Facilities Construction Fund no. 309. There was discussion regarding third reading requirement due to change requested by Council on first reading. Mr. Broughton explained this is a minor change and a third reading is not required. Question on the. motion, carried unanimously. ORDINANCE, 1st Reading - PRE-ANNEXATION (BLACKHAWK) AB83-396 Mr. Amo stated his intent to step down and excused himself from this portion of the meeting. Mr. Attebery discussed 1982 public hear- ings by the Planning Commission and City Commissioners approving a pre-annexation land use and zoning plan for a 9 acre site on Pine Rd. north of E. 31st. Under annexation law, the City can adopt zoning and land use laws which become effective upon annexation. Owner, Jack Potter, has initiated annexation proceedings and this ordinance is a result of City Commissioner's actions. Mr. Attebery discussed advantages of annexating this property. Motion by g. Adrian and P. Drouin to approve on first reading, AN ORDINANCE amending Ord. 1792 to provide For an addition to the zoning map and a zone classification subject to conditions for certain real property reasonably expected to be annexed to the City of Bremerton at a future time. (Blackhawk), carried unanimously. Recess 6:20 until 6:30 p.m. Mr. Amo returned to the meeting at this time HEARING: RIGHT-OF-WAY VACATION (STIMSON) AB83-395 The Clerk stated this is a request for right-of-way vacation at 1336 Marine Dr. This hearing date was established by Res. 1978 in June. Mr. Anderson inquired if any Council member has a conflict with hearing this issue? Mr. Drouin excused himself from this portion of the meeting. Mr. Anderson inquired of the public if there were objections to any Council member hearing this issue? There were no objections. Mr. Attebery briefly reviewed background information and discussed additions to the house that was constructed over a portion of the right-of-way prior to annexation, and later addition of a concrete bulkhead. Any portion of the house being in the right-of-way is prohibiting the owner from selling the property. City Council Meeting July 27, 1983 Page Three inutes HEARING: RIGHT-OF-WAY VACATION (STIMSON) CONTD In reviewing department comments, Mr. Attebery discussed Engineer- ing's original recommendation not to vacate public right-of-way. An Engineering crew surveyed the area at a later date, and sub- sequently stated "the most right-of-way recommended for vacation is 5 ft. of the northwest side". A portion of'the building would remain in the right-of-way. Mr. Attebery discussed Planning Commission's recommendation: . 1. That an area up to a maximum of 5 ft. from the northwest cor- ner of the house running parallel to the R-of-W centerline the entire length of the house be vacated. 2. At such time the City deems necessary, the concrete retaining wall obstruction within the subject R-of-W shall be removed at the owner's expense. 3. Prior to the final passage of the vacation ordinance the appli- cant shall pay the City one half the appraised value of the subject area of R-of-W to be vacated in accordance with RCW 35.79. 4. This R-of-W Vacation is subject to the various requirements con- tained in the Bremerton Area Plan, Bremerton Zoning Ordinance, Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained herein. Allan Kane, City Engineer, discussed Engineering's recommendation and concern that with R-1 zoning in the area, full development could increase traffic flow and could require widening of traffic lanes. This would subsequently result in the City purchasing back the property. Mr. Kane expressed opinion that the City's best interest would not be served by vacating this right-of-way. William Stimson, owner, stated the house was built in 1935 and discussed additions to the structure. For sale purposes, the mrooerty was ~h~veyed at which time the Stimson's became aware of the problem. They are requesting a 16 ft. right-of-way vacation to include the front steps of the_building. Mr. Stimson discussed difficulties in obtaining title insurance and in selling the property. Discussion followed regarding serving best interest. of_the.City arid possible need of right-of-way in event the street requires widening in the future. Several possibilites were suggested inclutinK our- chase of property across the street by the Stimsons for the purpose of trading purchased property for the right-of-way property and relocating the center line. Mr. Kane indicated this may be possible. Discussion continued to table at this time and check all viable alternatives. Motion by J. Adrian and E. Sturdivant to table for 3 weeks, allowing the Stimson's time to look into purchasing property on west side of the street for a trade, and to investigate all viable solutions., and direct Engineering to keep abreast of this situation, carried unanimously. Recess 7:20 until 7:30 p.m. #2922 Mr. Drouin returned to thb meeting at this time ORDINANCE, 1st Reading - 1983 MID-YEAR BUDGET ADJUSTMENT AB83-397 Leo Olney, City Treasurer, addressed the original 1983 budget and $250,000 deficit which has required the mid-year adjustments. Mr. 01hey discussed completion of labor negotiations and organizational changes, which have created a $51,625 deficit. The majority of this deficit is due to changes in the area of personnel, plus additional costs for the state audit. In outlining adjustments to absorb the deficit, Mr. Otney discussed reductions of $15,000 in Treasurer's office due to not filling two positions for half a year, $12,000 in Engineering due to a portion of the Engineer's and Asst. Engineer's salaries being charged to the Wastewater Project, $5,000 in Building by not purchasing a new vehicle, $9,625 revenue adjust- ments, as well as several smaller savings. Tape 51 ~1613 #1740 City Council Meeting Minutes July 27, 1983 Page Four ORDINANCE, let Reading - 1983 MID-YEAR BUDGET A~JUSTMENT'CONTD Mr. Olney discussed the largest portion of the $290,000 deficit as being made up by sales tax staying on food until July, 1~83. Other projected areas to makeup the short fall are Block Grant Funds to complete the zoning ordinance and map, judgemerits and settlements, crime victim compensation, sale of assets, gambling tax, eliminating Asst. Street Supt. position and approximately $20,000 from increased state gas tax distribution. Mayor Dawkins discussed unforeseen situations which can create bud- get problems, and make adjustments necessary. He referred to necessary overtime wages in the Police Department due to extensive investigations. Chief Meigs, Fire Dept. discussed $15,000 to $17,000 in overtime wages to the end of the year, due to a Firefighter on extensive leave to recover from eye surgery, and reiterated the need for an additional Firefighter. IMr. Drouin expressed support for an department Dr. Proctor expressed concern for funding of the Field Services Mgr. positions, and his understanding that budgeted and subsequent elimination of the Asst. Street Supt. and Water Supervisor positions was to be the source of funding the position. Mr. Olney discussed various departments the Field Services Mgr. will oversee and department percentages budgeted for wages for the position. Mr. Adrian raised the issue of predicted increased Police Dept. revenues due to reinstatements and hiring a third parking regulator. Bert Gegnor discussed his concerns of "diluted" services and urged Council to ascertain the Fire Dept. has a full staff. Mr. Anderson advised Chief Meigs that Council cannot address the issue of hiring another Firefighter at this time, as this is not an agenda item. Motion by R. Johnson and B. Amo to approve on first reading, AN ORDINANCE of the City of Bremerton amending Ord. 3764 pertaining to the financial budget for the several funds of the City Government the City of Bremerton for the fiscal year 1983, and appropriating the amounts set forth in said budget to each fund in accordance with RCW 35.33.075, carried unanimously. ORDINANCE, let Reading - IRRIGATION ALLOWANCES/SEWER RATES AND CHARGES AS83-398 Mr. Proctor discussed provisions in Ord. 3824 as being unworkable for purposes of computation of service charges by D.P., additionally, volume adjustments during irrigation season in Ord. 3824 are incon- sistent with Ord. 3700/3825. Motion by P. Drouin and C. Pachek to approve on first reading AN ORDINANCE s~ending.Ord. 3824 to ensure provisions concerning adjust- ments of volumetric charges based on irrigation usage of metered water are consistent with Ord. 3700 and Ord. 3825, carried unanimously. WASTEWATER CONSTRUCTION PROJECT STAFF AB83-3!0 The Clerk read memo from the Mayor assigning Dave Baker, Asst, City Engineer as Project Manager on a fle.xible time basis, and an account from the Treasurer's office the duties of half time Project Acct. To meet other staffing needs, the Mayor requested Council approval to establish, on a 3 yr. basis, positions of: Project Engineer, Project Coordinator, two Project Observers, half time Project Attorney, two Project Office Asst. All positions are DOE grant eligible. Mr. Baker stated this is basically the same proposal as presented at Monday's meeting. Mr. Amo discussed his concern of a half time Pro- Ject Manager. Mr. Baker discussed a number of similiar projects throughou the state and he has determined with a full time Project Engineer, he will be able to handle on a half time basis. He stated the t~jne committed will be flexible. Mr. Broughton discussed the difficulties of hiring an attorney on a half time basis and requested hiring a full time attorney. He stated the Project Attorney will work out of his office, under his direc- tion according to Charter requirements. City Council Meeting '~inutes July 27, 1983 Page Five Tape 52 WASTEWATER CONSTRUCTION PROJECT STAFF CONTD Mr. Baker described the duties of the coordinator and observers. Discussion followed regarding positions which may be filled from inside, and those that will need to be filled from outside. Ms Babbitt, discussed Civil Service involvement in Job descriptions and filling positions vacated by current employees filling project positions. Mr. Sturdivant expressed cencern with time involved by filling positions through Civil Service. Mr. Baker stated job descriptions are already prepared, and Mayor Dawkins discussed the need to advertise outside the immediate area for a Project Engineer. Ms Babbitt stated there is currently a register for Office Assistants for immediate hire and current employees are available for transfer. She suggested increasing the coordinator's salary due to requirements of the job, if funds are available. #O255 Mr. Adrian discussed drafting of a Project Team Charter and expressed opinion there should be a flow chart with a project of this size. He suggested Council approval of establishment of positions only at this time, and request staff return in two weeks to request funds. Motion by E. Sturdivant and C. Pachek to accept the Mayor's re- commendation for the personnel needed, as a project team for the sewer construction project, including a full time Project Attorney. Motion by J. Adrian and S. Horning that staff should draft a Project Team Charter to define the following at a minimum: 1. project staffing 2. staffing functions/purpose 3. authority for all team members 4. chain of command with respect to the project team 5. project teams interface function and method with: a) other city departments; b) the le~d engineer, CH2M Hill; c) contractors; d) Wastewater Committee; e) Council 6. flow of information This charter should be signed by the Mayor and approved by Council. Mr. Sturdivant voiced his objection to delaying action on approving funding of positions and time involved in writing project team charter. Mr. Amo agreed with the need for a flow chart. Question called on the amending motion, carried unanimously. Question called on the main motion, carried unanimously. INTENT TO AWARD WASTEWATER CONSTRUCTION CONTRACTS AB83-399 Mr. Baker presented consultant analyses of bids and requested approval of issuing "Letters of Intent to Award" for contracts CA8 to M & J Electric of Portland, and C-3, C-5 and C-11 to Pease & Sons of TaComa. Mr. Baker explained bidders on C-3, C-5 & C-11 were given the option of bidding on any or all, with the possibility the contracts might be awarded to the combined low bidder.1 Pease & Sons submitted the low combined bid, though not the low individual bid on any of the three. Motion by C. Pachek and A. Anderson to issue "Letter of intent to Awar"~ to M & J Electric, Inc. on Contract C-8, carried unanimously. Motion by S. Horning and B. Amo to issue "Letter of Intent to Award" to Pease & Sons, Inc. on Contracts C-3, C-5 & C-11, carried unanimously. #0369 AUTHORIZATION FOR PROJECT MANAGER TO PAY CHANGE ORDERS AB83-~00 Mr. Broughton stated action by the Project Manager will subsequently be ratified by Council and suggested approval. Mr. Drouin suggested approval as the Pro~_ct Manager will receive opinions from the Attorney and CH2M Hill prior to making payment. Motion by P. Drouin and B. Amo to authorize the Project Manager to make payment up to $30,000 per change order with a maximum aggregate limit of $300,000 with subsequent Council ratification, carried unanimously. #O59O ROGERS STREET HOUSE AB83-401 Motion by J. Adrian and C. Pachek to authorize Planning staff t'o coordinate with the Kitsap County Fire District and Street Department to have the structure burned and the site cleared, carried unanimously. ~06Z5 City Council Meeting Minutes July 27, 1983 Page Six COUNCIL REPORTS E. Sturdivant, Charter Committee, discussed redistricting and per- centage of division of Council members. Meetings will be every Tues. at 5:00 until 6:30 p.m. in Council offices. He discussed a report by Tom Rosebrough on Clerk's duties. S. Horning stated the report on animal facilities is complete but he choose to delay submittal to allow time for Council members to receive a report from Animal Control Officer, Nancy McCord. A. Anderson stated the August study session will be Monday, August 1st, 6:00 until 9:00 p.m. in the Council offices. R. Johnson, Finance and Budget Committee will meet every Tuesday at 6:30 p.m. following Charter Committee meetings. P. Drouin stated Wastewater Committee report was previously submitted. Adjourn at 9:40 p.m. APPROVED: KATHLEEN L. McCLUSKEY, City(Clerk