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Home My WebLink About11/13/85UNAPPROVED DRAFT TAPE #297 CITY COUNCIn MEETING MINUTES November 13, 1985 ~q~,.~O~ The regular meeting of the City Council of the City of Bremerton was held in the City Council CnamDers, 239 4th Street, Bremerton, Washington, Wednesday, November 13, 1985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Clyde Pachek, Roy Mosely, Bill Amo, Russ Johnson and Jim Adrian. Also present were Mayor Mottie Dawkins, Assistant City Attorney Mary Killian and City Clerk Kathleen McCluskey. Councilman Homing absent. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with Councilman Johnson Giving the Invocation. Council President Anderson noted that AGenda Bills, #8C - Purchase of State Patrol Facility, #AB85-477 and #SH - Electronic/Electrical Maintenance Contract with Professional Services Group, have both been pulled during Pre-Council study session. CONSENT AGENDA Item #A - Minutes of November 6, Capital Asset Equipment Request & Engineering Department, #AB85-474. 1985, #AB85-473, and Budget Adjustment - #0061 · M/S/C/U/(Sturdivant/Amo)to approve the Consent Agenda, items #A and #B. 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 oeen recorded on a listing which has been made available to the Council. #0083 · M/S/C/U/(Drouin/Mosely) on November 6, 1985, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: voucher number #16029 - #16171, in the total amount of $79,423.98, and Pre- Written Warrants, in the total amount of $1,295.12. MAYOR'S REPORT Mayor Morrie Dawkins stated the Everett Herald Newspaper joined together the Past, Future and present Mayors of the City of Bremerton regarding an article being written about the U.S.S.Nimitz being homepotted in Bremerton until the Everett base is completed. He noted that the PI this past weekend stated Bremerton is stealing the ship from Everett. He displayed a sign welcoming the Nimitz to Bremerton. He reported that the sidewalk repairs are being done, and the resident at Callahan & Cherry has moved out, however the owner stated he will remove the junk car remaining. Councilmen Drouin and Moseiy Got into a discussion as to whether the Laundry in Manette was indeed handling radio- active clothing such as coverails, gloves, etc. Councilman Drouin said water has been tested and there is no trace of radio-active substance in the samples tested. Councilman Amo reported a parking lot in the front yard west on Gregory from the intersection o~ Chester and wanted the Mayor to check on the legality and enforcement. ATTORNEY'S REPORT TAPE #297 "' City Counci 1 L~g. Minutes November 13, 1985 Pg. 2 of 7 UNAPPROVED DRAFT #0705 #0924 #1387 Assistant City Attorney Mary Killtan reported on results received this date, on a case Bill Broughton represented the City on against Granquist Construction. Granquist Construction claimed $40,000.00 was payaDle by the City for work performed, however, the arbitrator awarded a settlement of only $2,288.00. COUNCIL MEMBERS REPORTS Councilman Drouin reported on the Kitsap County Sub-Regional Council meetings held last Thursday. The Traffic Safety Committee is dealing with County budget shortfall for the Sheriff's department. He stated PSCOG is Oeing restructured and is looking to governmental agencies paying a 300% increase in membership dues to support the program. PUBLIC RECOGNITION Mr. Alex Roos, Apartment Owner, complained about garbage contract which allows pick-up of additional bags, garbage, without owner's/renter's authority. He stated he has contacted Mr. Don Lindgren, Owner of Brem-Air, and the City Attorney regarding this matter and is told that the garbage company has the authority to pick up any/all garbage at regular scheduled pick-up. BUSINESS ACCOUNTS - SIGNATURE CARD, #AB85-476 The city needs to establish a separate account at Peoples Bank for receipt of Block Grant (HUD) Funds. These funds cannot be co-mingled with other City funds. The bank requires Council approval to set up the account. · M/S/C/U/(Adrian/Amo) to approve HUD account at Peoples Bank with authorized signers; Assistant Treasurer Cathy Johnson, Accountants Jack Ha~ala and Bob Hendrickson. ANNEXATION OF CITY-OWNED PROPERTY -' WERNER RD. - UNION, #AB85-475 As property owner, the City must decide if it wishes to annex City owned property thereby changing jurisdiction over land use from County to City. City must also decide whether it will require simultaneous adoption of a comprehensive plan and assumption of all or any portion of existing City indebtedness. The three parcels are contiguous to existing City limits. The parcel sizes are 4.8 acres for 4564-002- 001, .34 acre for 212401-4-005-2009 and .25 acre for 212401- 4-006-2008. Mr. Tom Weber, Planner was present for Council questions. He described maps attached and explained there would be no residents affected on the existing property. Mr. Weber recommend Council approval. · M/S/C/U/(Mosely/Adrian) to approve Annexation of City-owned property, Werner Rd. - Union. CONTRACT AGREEMENT/CORROON & BLACK/RENEWAL, #AB85-478 When the City entered into the existing contract with Corroon a Black, Insurance Broker, it was the intent to establish and maintain a long-term relationship with a broker who qualifies as a result of this process. The present agreement was drafted with a three-year declining fee schedule negotiated with Corroon a Black, Inc. calling for $15,000 to be paid the first year with payments of $10,000 each for the second and third years of the Agreement. The city is entering into the second year of the agreement with minor changes to the agreement, initialed by the Risk Manager Kathleen Maurer. · M/S/C/U/(Drouin/Pachek) to renew Corroon & B!ack's Pro~es- sionai Services Agreement, incorporating the following changes: 1. Sec. IIB- #2 "Broker snail provide City with semi- TAPE #297 " City Council l~g. Mtg. Minutes Noverrber 13, 1985 Pg. 3of7 UNAPPROVED DRAFT annual activity reports.." 2. Sec. IIB- #6 "BroKer shall provide evidence of and maintain in effect Broker's Errors and Omissions coverage in the amount of not less than $20 million.." 3. Sec. IID- #2 "Broker shall provide a safety engineer acceptable to the City for at least four (4) on-site visits to City per year for safety engineering anal- ysis of all functions performed by the City, and concentrating on liability and employee safety expo- sures. 4. Sec.VH - Line 3 - "..premium audits, loss data..." (correction in spelling) PERSONAL DELIVERY - AGREEMENT/PEOPLES NATIONAL BANK, #AB85- 479 This agreement formaiizes the procedures that have been in operation for many years. The City has lock bag deposits from the Swimming Pool, Golf Course, Animal Control and City Hall. The indemnity clause is one sided, however, City Treasurer Leo Olney stated he was comfortable with it in that it represents what must be and the integrity of the Bank make it reasonable. Ms. McCluskey noted that City Attorney Bill Broughton was in disagreement with the Hold Harmless clause. #1464 · M/S/C/U/(Adrian/Drouin) to approve an agreement - Personal Delivery/Peoples National Bank, authorizing Mayor to sign same. RENEWAL - JACKSON PARK ANIMAL CONTROL CONTRACT #AB85-480 The Navy has agreed to contract with the City for animai control services within Jackson Park. The contract is for a 12-month period from October 1, 1985, through September 30, 1986, in the amount of $800.00 per month. Jackson Park is within the City limits and is easily serviced by the City's Animal Control Division. It is anticipated that Animal Control Division will expend approximately 20 hours per month in support of the contract. Staff recommended approval with Mr. Dave Patmon present for questions. #1607 · M/S/C/U/(Pachek/Amo) to approve the contract between the City of Bremerton and the Navy for animal control services with Jackson Park. WASHINGTON STATE ENERGY MID-YEAR REPORT. TAS CONTRACT, #AB85-481 The city has the opportunity to participate in a Contract with the Washington State Energy Office (WSEO) wherein the State will provide Grant Funding up to, but not to exceed $6,370.00 for implementing recommended conservation measures in City Hall to include; (1) funds for Purchase of a portable boiler combustion efficiency monitoring/tuning unit and training to use properly, $2,448.00; (2) Light fixtures and required lighting to change to energy and North or main entrance area; the West end of the Council Room; and lighting of flags on the roof of City Hall as well as hallways, stairways, restrooms, and mechnicai rooms $1,857.00, and (3) Cost of contractors to complete labor requirements $2,065.00. In turn, the city will be reimbursed upon completion and approval of all work done. Mr. Dave Patmon was available for questions and recommended Council approve Contract #82-18-50. #1751 . M/S/C/U/(Amo/Drouin) to approve Contract #82-18-50 between the City of Bremerton and the Washington State Energy Office. TRAFFIC CONTROL EQUIP. CONT. W/KITSAP COUNTY, #AB85-483 Electronics Division has for several years, maintained TAPE #297 City Council r~eg. Mtg. Minutes November 13, 1985 Pg. 4of7 UNAPPROVED DRAFT signals for Kitsap County on a time and material basis. Proposed is contract maintenance for 1986. In addition to receiving all costs for providing this service, the City is able to distribute overhead costs and maintain a stronger Department by virtue of a broader base of equipment and inventory. Mr. Dave Patmon was present for questions. Mr. Killian noted that Pg. #5, Lines 8 & 9, strike "or Kitsap County" and Councilman Sturdivant requested, striking the word "or", Pg. 6, line 3. #1982 · M/S/C/U/(Sturdivant/Drouin) to approve the contract, with the Kitsap County for maintenance of traffic control equipment in 1986 with changes as noted above. PROFESSIONAL SERVICES GROUP CONTRACT MODIFICATION, #AB85-484 Modifications to the contract with Professional Services Group, Inc have been negotiated that change the scope and cost. Mr. MacKenzie was present for questions and noted the letter of acknowledgement from PSG outlining the modifications and confirming the intent to reduce costs. #2070 · M/S/C/U/(Drouin/Amo) to approve contract modifications - Professional Services Group/O a M Contract. SLUDGE DISPOSAL CONTRACT - SOLGANIC SERVICE CORP., #AB85-485 Mr. Ken MacKenzie, Wastewater Compliance Officer, stated an agreement has been reached with Solganic Service Corp. to dispose of Municipal sludge in excess of those treated under separate agreement with Central Kitsap. He said that other cities presently use their services including metro in Seattle. They are based in Chehalis and Mr. MacKenzie outlined the changes to the agreement to include: 1. Pg. 2, 3rd. Line ft. bottom: insert after dewatering, "the existing terms will apply"~..Solganic, etc. 2. Pg. 3, Article V(A) Line 3, insert .."Municipal" after applicable to, striking "the use of such Wastewater" and (Line #4) "soil improvement". Pg. 3, Article V(B) Line 1, strike "warrants", insert .."agrees to make every effort to ensure".. 3. Pg. 4, Sec E (top of pg.) strike in it's entirety. Pg. 4, Article VI(B) "Indemnity" - strike in it's en- tirety. 4. Pg. 5, Article VIII -"Insurance" - Line 4, strike "prudent Risk Management" and add "Appendix C". 5. Pg. 5, Article XI - "Term of Agreement" to read: "This Agreement shall be for a term of six (6) months except that either party may terminate this agreement immediately upon written notice in the event, arising from poor site management by Solganic, that injury or risk of injury to public health is threatened. Solganic and City may renegotiate this agreement at the end of six months. Mr. MacKenzie added that the price figure is 5.5 cents per gallon of sludge for a possible figure of approximately $85,000.00 annually. #2781 · M/S/C/(Drouin/Adrian) to approve entering into an agreement with Soiganic Service Corp. for the disposal of municipal sludges in excess of those treated under seoarate agreement with Central Kitsap as amended above. VOTE: In favor: Sturdivant, Pachek, Moseiy, Drouin, Amo, Adrian a johnson Opposed: Anderson Motion PASSED. Recessed from 6:55 D.m. - 7:10 P.m. TAPE #297 & ~"98 City Council -,eg. Mtg. Minutes November 13, 1985 Pg. 5of7 UNAPPROVED DRAFT Councilman Adrian did not return to meeting. ALLOCATION OF 1983 BLOCK GRANT CONTINGENCY - LONG-RANGE PLANNING, #AB85-486 City Council approved a 1985 Long Range Planning Budget for $109,400. At that time Council was informed that this budget would be covered by Community Development Block Grant (CDBG) funds from previous years and a small amount from 1984 CDBG funds. Having recently completed an audit of the CDBG program including project balances and sources of grant funds, there is only $45,210 available for 1985 Long Range Planning. The Planning Director has revised the !985 budget which reflects the infusion of $25,600 of 1983 CDBG from a contingency account. These funds could be allocated to the Long Range Planning Budget without exceeding the 20% Planning and Administration rule. Mr. Fabre' recommended Council approval and was available for questions. #TAPE #298 #0389 · M/S/C/U/(Amo/Johnson) to authorize the allocation of $25,000 from the 1983 CDBG contingency account to offset the Long Range Planning deficit. Councilmen Sturdivant and Adrian absent from vote. Councilman Sturdivant returned to the meeting. ALLOCATION OF 1983 BLOCK GRANT CONTINGENCY - WATERFRONT MANAGER, #AB85-487 City Council approved a 1985 CDBG Waterfront Manager Project in the amount of $35,000. This project began March 1, 1985, and expires February 28, 1986. A budget audit indicates that this project will exceed budget by $1,950. There are funds in the 1983 contingency account to cover this deficiency. Mr. Fabre' present for questions. #04S4 · M/S/C/U/(Johnson/Amo) to approve the allocation of $1,950 from the 1983 CDBG contingency account to offset Waterfront Manager Project deficit. the ZONING ORDINANCE TEXT AMENDMENT ORD. #3748 LOT #6 - BAYVIEW GARDEN TRACTS ON THOMPSON - APPLICANT, MR. DON ATWOOD, #AB85-490 Council President Anderson asked the conflict question with Councilman Amo stepping down. Mr. David Hanna presented staff report based on Planning Commission Resolution #760, from their August 27, 1985, meeting recommending approval three (3) to two (2). Mr. Hanna stated there are two issues Council must decide tonight: (1) whether to adopt a text revision to Ordinance #3748, and (2) enforcement of previous conditions of Ordinance #3748. Mr. Jerry Durst, Representing Owners, recommended approval and upholding the Planning Commission decision. Speaking in opposition were, Mr. Jim Strait, Mr. Glenn Vockrodt, Mr. Chuck Laubach, Mr. David Murphy, Mr. Jack Golden, Ms. Lynn Horton, Ms. Virginia Cosrelic. All were familiar with the area and felt since the special use permit is not applicable any longer, that the property be reverted back to R-1 or R-2 zoning. They spoke of traffic congestion, littering, storage on subject site, and general garbage clutter. Ms. McClus~ey also read into record, a letter of opposition from Mr. & Mrs. Orton Johnson. Mr. Durst stated it is the intent of the property owners To landscape, reduce traffic to residential and generally clean on the area. He felt it would be an improvement. He stated TAPE #298 ' City Council r~eg. Mtg. Minutes November 13, 1985 Pg. 6of7 UNAPPROVED DRAFT it is not the intent to change the zoning but improve the area. #2066 · M/S/C/U/(johnson/Drouin) to deny the request for a Zoning Ordinance Text Amendment Ordinance #3748, Lot #6 - Bayview Garden Tracts on Thompson, applicant Mr. Don Atwood. ~2096 . M/S/C/U/(Johnson/Sturdivant) to direct the Mayor to esta- blish a proper special use permit revocation hearing. #2146 . M/S/C/U/(johnson/Pachek) to see that the Mayor enforces the Zoning Ordinance #3748, specifically for this piece of property and that the Mayor immediately consult with the City Attorney's office regarding enforcement. Councilman Adrian returned to the meeting; Councilmen Mosely and Amo absent. #2343 ORDINANCE #3991 (Second Readinq) DELETE EXEMPTION CLAUSE IN ORD. #3898, #AB85-470 · M/S/C/U/(Adrian/Johnson) to pass Ordinance #3991, amend- ing No. 3898, Sac. 15 providing for exemptions to Chapter 5.02, B.M.C. Business Licenses and Occupation Taxes. Councilman Mosely returned to the meeting. #2409 ORDINANCE #3994 (SECOND READING) RISK MANAGEMENT & SAFETY OFFICE, #AB85-471 · M/S/C/(Drouin/Adrian) to pass ordinance #3994, establish- ing the Office of Risk Management and Safety within the Department of Administrative services; defining the functions of this office and delineating the responsibility of this Office and the City Attorney for the handling of claims and lawsuits against the City and the recovery of losses suffered by the City; and establishing an Insurance Fund for the payment of losses and related costs. VOTE: In favor: Sturdivant, Pachek, Moseiy, Drouin, Adrian a Johnson Opposed: Anderson Motion PASSED. ORDINANCE #3993 (EMERGENCY) AMEND. ORD. #3989 WATER & SEWER REVENUE REFUNDING BONDS, #AB85-488 The Bond Closing is scheduled for November 18th. These changes must be effective by that date. The original Ordinance #3989 was passed as an emergency ordinance due to the same time constraints. This is standard with bond issues. #2662 · M/S/C/U/(Drouin/Johnson) to pass Ordinance #3993 (Emergency) an ordinance of the City of Bremerton, Washington, relating to the waterworks utility of the City, including the sewerage system as a part thereof; amending Ordinance No. 3989; and, because of its urgency, providing that this ordinance shall take effect immediately. ORDINANCE (FIRST READING) BUDGET ADJUSTMENT, #AB85-489 The ordinance presented amends Ordinance No. 3945, relating to the financial budget for the fiscal year 1985, provides for the appropriation of $408,000 of unappropriated General Fund Beginning Fund Balance, $25,479 of unanticipated General Fund revenues, $37,648 of General Fund installment debt, $15,000 of unanticipated Electrionic Maintenance Fund revenues, and $204,056 of unappropriated Equipment Rental Reserve Fund revenues. The attached "Appropriations Summary by Department/Activity" provides more specific information relating to this mid-year budget adjustment. Mr. Les Sigiin, Budget Analyst was present for questions. Councilman Sturdivant clarified that there is no intent to TAPE #298 ' City Council ~cg. Mtg. Minutes November 13, 1985 Pg. 7of7 UNAPPROVED DRAFT #2853 pay this money back which Mr. Siglin confirmed. stated this was to cover existing problems. Mr. Siglin M/S/C/U/(Johnson/Adrian) to approve first reading of an Or- dinance, amending Ordinance No. 3945, relating to the finan- cial budget for the fiscal year 1985. With no further business, meeting adjourned at 8:21 p.m. KATH~.EEN MCCLUSKEY, CT'tY Clerk City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs CC: Normal Distribution File/Vault