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HomeMy WebLinkAbout10/02/85UNAPPROVED DRAFT TAPE #286 CITY COUNCIL MEETING MINUTES October 2, 1985 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 2, !985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Spencer Homing, Clyde Pachek, Roy Mosely, Russ Johnson and Jim Adrian. Also present were Mayor Morris Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Absent was Councilman Bill Amo. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with the Invocation given by Councilman Drouin. Council President Anderson noted that Agenda Bill #8C - Consultant Contract Economic Indicator Report Project was pulled agenda. #0081 CONSENT AGENDA Item #A - Minutes of September 25, 1985, #AB85-413; Councilman Sturdivant amended pg. #2 (his report), line #3, deleting the word "soffits" and adding the word "mansard". In addition, Pg. #3, AB85-405 (Corrections Officers), line #17, "$10,000" or "15,000" cost for the balance of the year. Upon checking, Police department indicated $10,000. · M/S/C/U/(Sturdivant/Pachek) to approve Minutes as circulat- ed. #0289 · Item #B - Public Woodcutting - Bremerton Watershed, #AB85- 418. Councilman Sturdivant expressed concern that (1) fire danger and, (2) fee excessive for permit. Councilman Drouin stated the fee will barely cover cost to issue. Mr. Drouin stated that he and Councilman Pachek made a tour of the Watershed this a.m. and were assured by Bill Duffy, Superintendent of the Utility that there was minimal fire danger. Permits valid for one-day, with the Watershed open for two. M/S/C/(Drouin/Johnson) to approve Public Woodcutting - Bre- marton Watershed. VOTE: In favor: Homing, Pachek, Mosely, Anderson, Drouin, Adrian and Johnson Opposed: Sturdivant Motion PASSED. Item #C - Change Order I for Naval Avenue Contract, #AB85- 414. The work included in this Change Order is work that needed to be included in original contract to make a complete project. This extra work should have been part of the original contract but was overlooked. Total increase to the contract is in the amount of $40,729.50. Councilman Sturdivant felt the increase was excessive and wanted to know whether t~e needs changed at a later date or error on the part of the Engineering department with Mr. Gerry Thornburgh, Office Engineer stating it was an oversight but that the increase is fully funded. #0372 · M/S/C/(Johnson/Horning) to approve Change Order #1 for Naval Avenue Contract. NOTE: For the record Councilman Homing seconded the motion relunctantlV. VOTE: In favor: Homing, Pachek, Anderson, Drouin, Adrian & Johnson TAPE #286' City Counc~ Reg. Mtg. Minutes October 2, 1985 Pg. 2of6 UNAPPROVED DRAFT #0399 Abstain: Motion PASSED. Sturdivant & Mosely CLAIMS/WARRANT REGISTERS 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/(Drouin/Mosely) on October 2, 1985, the Council, by a unanimous vote, does approve for payment those vouchers included and further described as follows: voucher numbers 15122 - 15310, in the total amount of $200,872.66. PUBLIC RECOGNITION Mr. Louie Soriano, 2119 E. 17th Street, asked if any progress is being made to address the problem of Street vendors. Ms. McCluskey stated that Ms. Janie Coberly, B a O Division, sent Mr. Jerry Soriano and other involved individuals a draft copy of the proposed ordinance for review prior to coming before Council in 2 - 3 weeks. She said this should allow comments or recommended changes from those affected by the Ordinance. Ms. MaryLou Lone, 2433 Phinney Bay Drive, stated she was upset about (1) the deficit in the sewer assessments and, (3) the knowledgeable odor and complaints received. She felt she was paying for increases on the Eastside of the city. MAYOR'S REPORT Proclamation #1 - designates October 10, 1985, as "Day of Unity", recognizing the public attention on the magnitude of the problem of women who are battered. Proclamation #2 - designates October 8, Service. Day" in the city. 1985, at "Lion Councilman Drouin stated he read of recent resignations within City Hall and asked who now will assume the responsibilities. Mayor Dawkins stated there will be no longer a "Field Services" division and that, by Executive Order, he has appointed City Engineer Alan Kane to the position of Public Works Director. Overseeing the Wastewater operation will be Ken MacKenzie. Councilman Sturdivant asked the Mayor to direct attention to a situation on Callahan & Cherry regarding wrecked vehicles. The Mayor indicate " ' aware of the problem and looking into a solution. Councilman Mos t there is becoming an increasing problem with the Wastewater treatment facility and complain ming numerous. He suggested water c ition i~ ~e Wastewater department was not advertized and competitive. Councilman Adrian stated he felt the Mayor has authority to do what he wants. Councilman Drouin stated Mr. MacKenzie has not left the city and continues to be employed in the position originally hired. Councilman Mosely reinterated there is no Civil Service requirements on management positions regarding hiring. ATTORNEY'S REPORT City Attorney Bill Broughton stated he processed 4 cases in the Court of Appeals Tuesday. TAPE #28t City Council Reg. Mtg. Minutes October 2, 1985 Pg. 3of6 UNAPPROVED DRAFT #1395 COUNCIL MEMBER REPORTS Councilman Sturdivant reported statistics on Golf Mountain Golf Course for the period ending September 30, 1985; (1) receipts total $302,000, (2) there has been 42,188 plays, and (3) receipts are $50,000 ahead of 1984 (same period). Councilman Pachek reported on his 3oint tour of the Watershed this a.m., stating Casad Dam Reservoir is completely dry, however, Management and Staff at the Utility are installing backup systems for water which, in future drought conditions, will not leave the City in the conditions we have experienced this year with mandatory water usage. Councilman Mosely, noted that the 2nd Thursday of October will be a Public Safety Meeting which will cover various departments. ~ Councilman Drouin, commented on the Thursday Wastewater meeting held which discussed the 1985 Shortfall in sewer assessments, projections for FY86 and criticized candidates for speaking on the issue without attending the meeting as several prospective candidates have been doing. He said that the Westside Improvement Club has requested that they be allowed a representative to the committee dealing with the issue of Wastewater facility plant odor complaints. Many of those in the Club live in the area immediately surrounding the facility. Councilman Johnson commented on issues within the City this past week. He noted concern for NAD Park exist on Kitsap Way and the fact that crossing traffic is a potential liability for the City. He said there was a need for a solution to the problem. Mr. Johnson stated that Budget Hearings commenced Monday evening with the Mayor recommending substantial cuts in services and personnel. Also he stated that the Budget a,nd Finance committee will have before Council next week"an informational item regarding the City Financial Planning Manual. The draft was compiled by working with other cities and those on the committee. THREE POWER EASEMENTS - PUGET POWER, #AB85-415 Puget Power is requesting an easement for underground Power lines to supply power for two Gold Mountain Golf Course locations. This was for emergency Water pumps required by the Water Department. Puget Power is installing a new substation. This easement is for anchor lines, line service Domsea Farms and Jarstad Park. As a part of new suostation construction, this easement is for pole and anchors only near DAV Building on City Watershed property. M/S/C/U/(Pachek/Sturdivant) to approve 3 aforementioned easements - Puget Power and directing the Mayor and City Clerk to sign and return to the Power Company for recording. QUIT CLAIM DEED, CITY TO FEEK, AB85-226 Council requested that a portion of property which was dedicated to the City of Charleston several years ago and never developed as right of way, be appraised for it's current market value because the adjoining property owners request a Quit Claim Deed and are willing to pay the city for same. Mr. Gerry Thornburgh, Office Engineer, stated that the appraisal came oack at $1,900 valuation, however, he and City Engineer Kane met with another appraiser who stated TAPE #286' City Counci. Rag. Mtg. Minutes October 2, 1985 Pg. 4of6 UNAPPROVED DRAFT #2428 this was substantially low and placed a verbal value of approximately $35,000 - $40,000. He suggested possibly calling for a reappraisal. City Attorney Broughton arranged for the appraisal in order to clear up any questions the Council may address. Mr. Bill Reams was the appraiser. Mr. Larry Paulson, Attorney representing property owners stated there is still a question whether the City has any legal rights because of the document not recorded. He stated his clients have a vital interest in the property and the community and feels if put into a position of taking legal action, they would win. Councilman Adrian inquired as to why there was such a disparity in the suggested appraisals with Mr. Kane responding that there is different philosophies in determining property worth; (1) since the parcel is narrow (30') and long (over 600') the value is only to the ad3acent property owners and, (2) it should be valued at price per sq. foot of the surrounding parcels. Mr. Terry Brown, 15th & Snyder, asked if the $35,000 is an actual appraisal with Mr. Thornburgh stating no. Councilman Horning felt, that since the parcel is unbuildab!e, the marketable value would be low with Councilman Johnson expressing disagreement. Councilman Drouin asked Counsel if the City can require hookup to sewer line as a condition with Mr. Broughton stating he talked with Mr. Paulson wno indicated the property owners would be agreeable to discussion and does not feel there would be a problem working out an agreement with the property owners. · M/S/C/(Horning/Sturdivant) to approve quit claim deed - City to Feek as per agenda bill with a condition that an agreement be worked out to research hookup into the sewer system because of close location to salt-water areas. VOTE: In favor: $turdivant, Horning, Pachek, Mosely, Anderson a Adrian Opposed: Drouin and Johnson Motion PASSED. ORDINANCE (FIRST READING) REQUIRING SEAT BELTS FRONT SEAT OCCUPANTS - MOTOR VEHICLES, #AB85-418 Ms. Katie Hicks, Representative from the Washington State Traffic Safety Commission gave an overview of the proposed ordinance with a movie/audio presentation. She stated Mr. Samual McCallum, Director of the Commission was also present. This film dealt with crash-testing showing the need to use seat belts and statistics supporting decrease loss of life due to enforcement of such an ordinance. Officer Steve Emm, Bremerton Police department noted that local statistics show most the injury/fatal accidents on city's streets indicate non-usage of seat belts. He stated this ordinance has the endorsement of Municipal Court, City Attorney's office, Risk Management, Bremerton PuDlic Safety Committee, MADD, Kitsap County Task Force, Washington Traffic Safety Commission, Fire department, along with Paramedic division and Chief of Police/Bremerton Police Department. He stated that the patrol division will not actively seek offenders, however, stopped for another reason and occupant of vehicle not using belts, will be cited as a secondary BMC offense. Overall this will be a cost savings for emergency divisions of the City. Mr. Samual McCallum, Director of the State Traffic Commission noted that attempt to pass on the State level failed, however, it is the intent of the Commission to br/ng before next session. He encouraged counties and cities~tc~ TAPE #286 City Council Reg. Mtg. Minutes October 2, 1985 . Pg. 5of6 ~UNAPPROVED DRAFT support thereby giving a message to State officials of the willingness to address this issue. Ms. Ruby DeSantos, President/MADD, indicated her organization has listed this action a number one priority. Mr. Bill Camp, 203 "D" Street, criticized the inactment of such legislation because other ordinances on the books (i.e., junk cars) are not being enforced. He asked questions such as; (1) vehicles prior to 1964 without belts, (2) citizens traveling through the City not knowing the law, (3) felt the fact that the second largest industry within the State and State highways running through city limits in downtown increases the incident of accidents with many out of town individuals involved, and (4) what about multi- occupant vehicles such as buses, vans, etc. He charged that this was merely a "revenue getter" for the City. Mr. Pete Flynn, 7177 Rainstreet Court, Urged passage. TAPE #287 #0689 #0721 City Attorney addressed some of Mr. Camps concerns such as posting the law at highways entering the City. He stated the fine amount would be set by Council action. Councilman Johnson noted that it would not be a big problem and stated those entering the Bangor Federal Facility are greeted with signs requiring "buckling up" Councilman Anderson did not understand the need for front seat occupants only and that the whole vehicle should apply. Councilman Sturdivant felt the State Traffic Commission should continue with the fine education of .... citizens but could not support such a law because Council's responsibility is not "protecting people from p~op. · M/S/(Drouin/Mosely) to approve Ordinance, first reading, requiring mandatory seat belts. VOTE: In favor: Johnson, Mosely & Drouin Opposed: Sturdivant, Adrian, Pachek, Homing, and Anderson ~ Motion FAILED for lack of majority. HEARING - AMENDMENT TO 1985/1990 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM PUBLIC HEARING, #AB85-417 The Street Improvements listed must be added to the 1985/1990 Six-Year Transportation Program in order to' be implemented this year. The same procedure is required for an Amendment as is required for the original program; a public hearing and adoption by Resolution upon approval by the Council. Mr. Gerry Thornburgh, Office Engineer, stated there would be no significant impact as cost of the projects is available from the 1/2 gas tax revenues which is reserved for Street improvements. Councilman Johnson asked why the 3 projects were added and put on the top of the list with Mr. Thornburgh stating that other projects, previously listed under the 6-year plan have been completed, therefore the amendment to the previously approved plan. #0821 M/DiED/(Johnson) to opposed amending the 6-year transporta- tion Plan. DIED for lack of second. #0879 · M/S/C/(Mosely/Pachek) to approve the amended 6-Year Trans- portation Plan. VOTE: In favor: Sturdivant, Homing, Pachek, Mosely, Anderson and Drouin Opposed: Johnson Abstain: Adrian TAPE #287 .-. City Counci ~leg, Mtg, Minutes October 2, 1985 Pg, 6 of 6 UNAPPROVED DRAFT #0925 #1492 #1531 Motion PASSED BREMERTON TERMINAL MUSEUM AGREEMENT, #AB85-389 The City Council approved the installation of lighting at the Ferry Terminal Museum on 4/24/85. The agreement presented is for reimbursement by the State Department of Transportation for the fixtures. The liability clauses have been eliminated as suggested in the City Attorney's memo. · M/S/C/U/(Drouin/Horning) to approve Agreement excluding clause #5 and #6. ORDINANCE (SECOND READING) LEVYING MUNICIPAL PROPERTY TAX~ #AB85-409 State law requires the passage of an ordinance setting property taxes and submittal to the County Assessor on or before October. The ordinance presented represents the best estimate as to what allowable tax dollar figure will be and what Bremerton assessed valuation will be. Because of the increase in valuation, the tax rate is reduced as compared to 1985. Council approved first reading reducing the cap from 106%, maximum allowable, to 103%. Ms. McCluskey presented calculations based on the reduction of the cap, noting that the city will experience a tax loss of $65,350 which is not recuperable in future years. This amounts to $4.47 for a house assessed at $60,000. With the pro3ected budget shortfall and the possibility of cutting 40 employees, this figure amounts to 2 less individuals. Councilman Sturdivant stated that this is not a reduction but an increase in property tax, if Council would use the maximum cap of 106~. Councilman Drouin felt the Council was shortsighted if they encouraged and voted for the 103%. M/S/C/(Sturdivant/Pachek) to pass Ordinance #3986, second reading, of the City of Bremerton levying municipal taxes against all the taxable property within the city limits of Bremerton for the year 1985 and approving the assessment roll made by the Assessor of Kitsap County, therefore, to be collected in the year 1986, at the rate of 103%. VOTE: In favor: Sturdivant, Horning, Pachek, Anderson, Adrian and Johnson Abstain: Drouin and Mosely Motion PASSED. ORDINANCE (SECOND READING) FLEEING & ELUDING A POLICE OFFICER, #AB85-407 This Ordinance repeals Ordinance #3166, Section 2 and Ordinance #3638, Section 1 which are superceded by RCW 46.61.024 making fleeing and eluding a police officer a Class C Felony. · M/S/C/U/(Drouin/Mosely) to approve Ordinance, Second Read- ing) repealing Ordinance No. 3166, Sec. 2 and Ordinance No. 3638, Sec. 1 which are superceded by RCW 46.61.024 making fleeing and eluding a police officer a Class C felony. With no further business, meeting adjourned at 8:15 p.m. KATHLEEN MCCLUSKEY, City Clerk City of Bremerton APPROVED: ART ANDERSON, President City Council KIIVI:AA/cjs cc: Normal Distribution File/Vault