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HomeMy WebLinkAbout11/27/85TAPE #301 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES November 27, 1985 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 2S9 4th Street, Bremerton, Washington, Wednesday, November 27, 1985, at 5:S0 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Clyde Pachek, Bill Amo, Russ Johnson and Jim Adrian. Also present were Mayor Mottie Dawkins, Assistant City Attorney Mary Killian and City Clerk Kathleen McCluskey. Councilman Mosely was absent. The meeting was opened with the PledGe of AlleGiance, led by Council President Anderson with Councilman Drouin giving the Invocation. Council President Anderson noted that AGenda Bills, #2E - ChanGe Order No. 1 to Cont. #2592-1548 Warren Avenue Roof & #8A - Proposed Ordinance Street/Sidewalk Vendors were pulled. CONSENT AGENDA Item #A - Minutes of November 20, 1985, #AB85-504, Item #B Bid Award Recommendation - Concrete Products #AB85-505 and Item #C - Bid Award Recommendation - Gas, Diesel Oils and Solvents, #AB85-506. #0072 · M/S/C/(Johnson/Pachek)to approve the Consent AGenda, items #A, #B and #C. VOTE: In favor: Sturdivant, HorninG, Pachek, Anderson, Drouin, Adrian & Johnson Abstain: Amo Motion PASSED. #0105 Item #2D - ChanGe Order No. 21 to Contract C-l, #AB85-507 directs the contractor to perform twenty-three tasks not covered in the contract documents which will increase the contract by $21,199.00. The contract is still on schedule. M/S/C/U/(Drouin/HorninG) to approve Change Order No. 21 to Contract C-1. 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. #0138 · M/S/C/U/(Drouin/Johnson) on November 27, 1985, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: voucher number #16337 - #16409, in the total amount of $201,107.25. MAYOR'S REPORT Mayor Dawkins presented a request for confirmation of Mr. Gregory Dawson to the Handicap Action Committee, explaining the difficulty in finding qualified volunteers that reside in the City of Bremerton. Councilman Sturdivant felt all committee appointments should be from the nearly 38,000 residents of the city and thought future appointments should be advertised. #0245 · M/S/C/(Drouin/Johnson) to approve the appointment of Mr. Dawson to the "Handicap Action Committee". VOTE: In favor: HominG, Pachek, Anderson, Drouin TAPE #301 City Council Reg. Mtg. Minutes November 27, 1985 Page 2 of 8 UNAPPROVED DRAFT #0337 #1121 Opposed: Motion PASSED. Amo, Adrian & Johnson Sturdivant The Council appointment of Mr. Roy McGinnis to the Ethics Commission was presented with Councilman Johnson urging Council approval. · M/S/C/U/(Johnson/Pachek) to approve the appointment of Mr. Roy McGinnis to the "Ethics Commission". Mayor Dawkins stated there is now 8 appointed to the Handicap Action Committee but he is still having difficulty making other appointments and finding people willing to serve. Councilman suggested he contact Mayor-elect Gene Lobe to see if he has nominations for confirmation. ATTORNEY'S REPORT - None PUBLIC RECOGNITION - None COUNCIL MEMBERS REPORTS Councilman Drouin stated the Wastewater meeting was rescheduled for December 5, 1985, encouraging attendance from Council and citizens. He noted that County residents will also be experiencing a water/sewer increase. Councilman Adrian noted that the State Department of Transportation has decided to buy the property that the Ferry Terminal is located on. He stated the final draft of the Budget should be ready by the first week in December. Councilman Johnson noted the Study Session December 2, 1985, 6:00 - 9:00 p.m. He stated the Budget a Fiscal Committee is working with the transition of the new Council. Council President Anderson announced that there will be an Executive Session after tonight's Council meeting to discuss Labor relations. 1986 PROPOSED RATES - OLYMPIC AMBULANCE, INC, #AB85-509 Pursuant to Bremerton Municipal Code #5.50.060, "each ambulance service licensed under this chapter shall annually file with the city clerk its schedule of rates to be charged for its services. The annual rate schedule shall be filed on or before the first day of December of the year preceding the year for which the schedule is to be in e~fect" It is noted that Olympic Ambulance, Inc. is proposing no rate increase from the figures being used during 1985, however, there is an additional category added for ALS transports at $202.50 base fee. Fire Chief Leonard Marks said his department is aware of the new fee which represents Advance Life Support transport for example to a Seattle or Tacoma Hospital/Clinic. It is necessary that a Paramedic be aboard the ambulance at cost to the company which in turn is charged to the patient. Councilmen expressed concern that the competing ambulance company, again is not represented. Chief Marks stated that Chico Towing is planning on submitting the identical proposal with Ms. McCluskey stating it is the responsibility of the carrier to provide the City the information according to the Bremerton Muncipal Code. Mr. Tucker is aware of the BMC. · M/S/F/(Amo/Sturdivant) to continue the discussion until the meeting of December 4, 1985, to allow both participating companies to be in attendance. TAPE #301 City Council Reg. Mtg. Minutes November 27, 1985 Page 3 of 8 UNAPPROVED DRAFT #1269 #1518 · #1533 #1741 VOTE: In favor: Opposed: Motion FAILED. Anderson, Amo & Sturdivant Homing, Pachek, Drouin, Adrian & Johnson · M/S/C/(Pachek/Drouin) to approve proposed 1986 Ambulance Rates/Olympic Ambulance which remain the same as 1985 rates and the addendum of an ALS charge of $202.50 base fee (Advance Life Support) transports. VOTE: In favor: Homing, Pachek, Drouin, Adrian a Johnson Opposed: Sturdivant, Amo a Anderson Motion PASSED. RESIDENTIAL PARKING PETITION - 7TH STREET FROM VENETA TO HIGH, #AB85-466 The Engineering department has studied the petition area and determined that during the study period only 2 cars were parked on the street. It has been determined that the area is not impacted by commuter parking. There are now signs in the area that read "4 Hour Parking in street" Councilmen Sturdivant, Amo and Pachek stated they have heard from several of those, signing the petition, who wish to withdraw their support of the request. M/S/C/(Amo/Adrian) to deny the request for Residential Park- ing Petition 7th Street from Vaneta to High. VOTE: In favor: Sturdivant, Horning, Amo, Adrian & Johnson Opposed: Anderson a Drouin Abstain: Pachek Motion PASSED to deny the request. RE-ALLOCATION OF 1983 JOBS BILL 'FUNDS - LONG RANGE PLAN, #AB85-510 There remains between $3,000 - $3,800 of 1983 jobs Bill Funds from completed projects. These funds will revert back to the Federal Treasury if not re-allocated by 30 November 1985. The Long-Range Planning budget currently will have to use approximately $20,000 to off-set deficit. The Jobs Bill Funds could be used to reduce this amount. Mr. joe Fabre' Community Development/Block Grant coordinator stated this is merely housekeeping and urged Council to pass. · M/S/C/U/(Amo/Horning) to approve the Re-allocation of 1983 "Jobs Bill Funds" - to the Long Range Plan. CONSULTANT CONTRACT - ZONING ORDINANCE DEVELOPMENT - DALE BRICKER, #AB85-511 Mr. Bricker was hired as a temporary in early 1985 and has worked, as needed, in various city departments. Due to an error the professional services contract for development of the Comprehensive Plan was not brought to Council. Funds were allocated for this expense. · M/S/C/U/(Amo/Johnson) to approve Consultant Contract - Zon- ing Ordinance Development - Dale Bricker. SALE OF SURPLUS PROPERTY - #AB85-512 The Wastewater Department Construction Project completions have allowed the Manette Wastewater Treatment Plant to be declared surplus. Per Administrative Policies and Procedures, (Fin 1-6), Council may waive the provision for a Planning Commission hearing, if it is deemed unnecessary, to determine the best use of the property. Staff prepared a Resolution for Council approval, due to the property being approved as surplus, and recommended it be disposed of in the best interests of the City. Ms. McCluskey explained the procedures the City must follow in order to make the property available to the public. TAPE #301 & #302 City Council Reg. Mtg. Minutes November 27, 1985 Page 4 of 8 UNAPPROVED DRAFT Mr. Tiny Collins, CouncilDerson-Elect, urged the Council to remand the parcel to the Planning Commission for a proper hearing and utilize the system that is established. Councilman Adrian asked why staff is requesting waiving the procedures with Mr. Ken MacKenzie stating that the Water/Sewer rate increases were based on the sale of subject property. Councilman Sturdivant asked if the Parks Board is aware of the available parcel with Mr. MacKenzie stating he had a verbal statement that they were not interested in acquiring the parcel. Councilman Anderson suggested attempting to Rezone the parcel from R-1 to R-2 which would increase it's value at the time of disposal. #2233 · M/S/C/(Johnson/Sturdivant) to remand the request back to the Planning department with the possibility of rezoning the parcel (Manette Wastewater Treatment Plant) to R-2, returning to Council as soon as possible. Council recessed from 6:38 - 6:50 p.m. PUBLIC HEARING - PROPOSED 1986 BUDGET/REQUEST FOR REVENUE SHARING FUNDS, #AB85-516 The purpose of this hearing is for Public comment on the proposed 1986 Requests for Revenue Sharing funds (new requests not made at previous meetings) and the Proposed 1986 Budget. Mr. Les Siqlan was present to give a short presentation. He stated as of last night, the budget represents the reduction of 32 3/4 positions within the City. It also represents some reduction in services to the citizens. Ms. McCluskey, noted that the $20,000 earmarked for Revenue Sharing allocations has not been decided as far as who will receive how much and a decision is not expected tonight. #2667 M/S/C/U/(Amo/Adrian) to not close Public Hearings on the Proposed 1986 Budget/Revenue Sharing allocations until the last possible deadline (final meeting) and notify the Press of continuance for Public input. TAPE #302 #302 Ms. Sherry Barnhart, Awareness Express, stated her program assists Youth with drug related problems. Although her intent was to request $32,000, which is more than the total available, she would alter that request to $16,000 which would assist in implementing out-patient care. She stated that the Principal of Brementon High School was scheduled to be here but could not due to weather conditions. Councilman Sturdivant asked if the schools contribute to the program with Ms. Barnhart stating no. Ms. McCluskey stated she will furnish Councilmen with copies of Ms. Barnhart's requests. SURFACE INSTALLATION CONTRACT - #AB85-513 Cascade Natural Gas has leased property located near the S.E. quadrant of Werner Street and Union Avenue since 1972. The regulator station was constructed to reduce gas pressure for distribution use within the City. This agreement is for a on-year term commencing May 1, 1985 - April 30, 1986, with an option to renew for 5 years. Cascade will pay the City $419.64 for the one-year lease. Staff recommended approval. #0319 · M/S/C/U/(Drouin/Adrian) to approve a one-year lease with Cascade Natural Gas for lease of City property and the addendum of a "Hold Harmless" clause. PUBLIC WORKS TRUST FUND APPLICATION, #AB85-499 The 1985 Legislature established a Revolving Loan Fund to help local jurisdictions finance critical Public Works Projects. This Public Works Trust Fund can provide low TAPE #302 City Counci 1 Reg. Mtg. Minutes November 27, 1985 Page 5 of 8 UNAPPROVED DRAFT interest loans to local jurisdictions for street and road, bridge, sanitary and storm sewer and water system projects. The Public Works Board has determined that in the initial cycle, the Trust Fund will make loans to local jurisdictions at interest rates not to exceed 3%. The Trust Fund may loan up to 90% of the eligible cost of an approved project. Mr. Dave Baker, Assistant City Engineer suggested taking each of the 7 projects proposed by the Engineering staff individually for approval or rejection by Council. #1 of 7: Eagle Avenue; This project includes construction of 1350 feet of storm sewer along Eagle Avenue and East 29th Street. It begins approximately 150 feet north of East 31st Street and extends approximately 150 feet west of Robin Road. #0355 · M/S/C/U/(johnson/Drouin) to approve Application #1 of 7 - Eagle Avenue. #2 of 7: Move Pump Station; #AB-1 and pipelines as re- quired by State Highway intersection revision. Mr. Baker noted that this is located near old Pump Station #9. #0410 · M/S/C/U/(Johnson/Drouin) to approve application to move pump station. #3 of 7: Gravity Sewer; A gravity sewer on Wheaton Way from Mountain View Avenue north to Seattle Court. Councilman Sturdivant asked if any LID is proposed with Mr. Baker responding that some of these projects are good incentives to form LIDs' in the future. #0501 · M/S/C/(Drouin/Adrian) to approve a gravity sewer on Wheaton Way - from Mountain View Avenue. #0628 · M/A/S/C/(Adrian/Sturdivant) to approve application, conti- gent that an L.I.D. is formed. VOTE ON AMENDMENT: In favor: Opposed: Abstain: Amending Motion PASSED. Sturdivant, Horning, Packek, Anderson, Adrian and Johnson Amo Drouin VOTE ON ORIGINAL MOTION: In favor: Opposed: Original Motion PASSED. Sturdivant, Horning, PackeK, Anderson, Adrian, Amo & John- son Drouin #4 of 7: Replacement - Pump Station #4; This proposed project, which is identified in the Utility's Comprehensive Plan as bring required for implementation in 1983, consists of the replacement of an existing pump station (#4) which serves the West Bremerton Pressure Zone 440. Area covered included east of Kitsap Lake, Werner Road and Sinclair Park. #0659 · M/S/C/U/(Adrian/Amo) to approve application to replace Pump Station #4. #5 of 7: Central Business Dist./amenities to sidewalks, etc. The proposed project is located in the Central Business District and will provide pedestrian oriented amenities through the construction of pedestrian bulbs at street intersections and aiieys, distinctive crosswalks, benches, and landscaping which will provide for emergency vehicular traffic but discourage large volumes of through traffic. TAPE #302 City Council Rag. Mtg. Minutes November 27, 1985 Page 6 of 8 UNAPPROVED DRAFT #0849 #1189 #1396 Councilman Johnson felt that this application did not fit into the category of "infrastructure loans" Councilman Adrian felt that having to be on the Comprehensive Plan limits the city. · M/S/C/U/(Drouin/Adrian) to deny the request to apply for Pedestrian oriented amenities - Central Business District. #6 of 7: 5th Street fr. Washington Ave. - Pacific Ave. Improvements will include widening, restoration and some replacement of existing portland cement concrete pavement with an asphalt concrete overlay, curb and gutter, and sidewalk on both sides, and construction of a storm drainage system along Fifth Street from Washington Avenue to Pacific Avenue. Councilman Adrian asked the method of payback with Mr. Baker stating from Street Capital Improvement funds, however, this would reduce the amount to repairs the Streets. It could be repaid through Gas tax or LID. · M/S/C/(Adrian/Drouin) to approve application - 5th Street from Washington Avenue - Pacific Avenue, contingent upon forming a L.I.D. VOTE: In favor: Sturdivant, Horning, Pachek, Anderson, Drouin, Adrian & Johnson Opposed: Amo #7 of 7: Kitsap Way - The existing facility is a major ar- terial with two through lanes in each direction. Some sections have a center turn lane and some do not. The surfacing of the roadway is in a deteriorated condition and only a few areas have sidewalks. The proposed project will include widening Kitsap Way from Cotbet Drive to Weslon Place for the construction of a continuous center turn lane, bicycle lanes,, curb and gutter, and sidewalks on both sides of the roadway. · M/S/C/(Adrian/Johnson) to approve application, contingent on property owner participation - Kitsap Way from Cotbet Drive to Weslon Place. VOTE: In favor: Pachek, Anderson, Drouin, Amo, Adrian & Johnson Abstain: Sturdivant & Homing Motion PASSED. ORDINANCE (FIRST READING) CONFIRMATION OF EXEMPT NON-UNION MANAGEMENT EMPLOYEES, #AB85-514 There has been a significant amount of confusion and controversy covering what constitutes an Administrative Head. This ordinance also required that all non-union, non- management employees, employed from the passage date of this Ordinance, be employed via a management contract which requires Council approval. Employee contracts also protect the City from Employee litigation resulting from improper termination. Virtually all of the non-Civil Service, non- uniform Manager, hired by the City in the past 1 1/2 years have been by contract. City Attorney Bill Brouqhton did not sign off on the Agenda Bill stating he felt there were several problems with the ordinance. He felt there was no logical reason for the listing of managers who will be confirmed or not by Council. He felt the original Management Organizational ordinance lists only key positions such as Fire Chief, Police Chief, Director of Community Planning, Director of Administrative Services and City Engineer or Public Works Director. TAPE #302 & #3~'~ City Counci I Re~ Mtg. Minutes November 27, 1985 Page 7 of 8 - UNAPPROVED DRAFT Mr. Broughton suggested not approving because this section will by nullified upon passage of the Organizational ordinance. He strongly felt the ordinance's form, legality and timing are wrong. Councilman Johnson objected to waiting stating Council has worked on the Organizational ordinance for three years and still has nothing in place to operate by and this ordinance would be a start. Water Utility Superintendent Bill Duffy, asked that, under Section #7 - Professional Service Agreements be raised from the 82,500.00 figure which he felt was not in line with agreements contracted out by his division. He suggested it be set with current purchasing policy of $10,000.00. Councilman Adrian suggested the following changes; Sec. 2 - Confirmation Standards, add "This section shall not apply to any Civil Service positions"; Sec. 3 - Page 2 after reviewed by the Personnel Director with the City Council, (add) "and approval acknowledge with the signature of the Council President" However...etc.; Sec. 4 - Time Limit - Provisional Appointments - increase from (60 days) to "120 days"; Sec 5 - Management Contracts - line 4, insert the word "standard" after the and before form, and Sec. 7 - Professional Service Agreements be increased from $2,500.00 to $5,000.00. Councilman Sturdivant questioned whether the Council should force this ordinance on newly elected officials. Councilman Anderson questioned whether the "Confidential Secretaries" should be included with City Attorney Broughton noting that they are not management employees. Councilman Drouin objected to the terminology "Public Works Director" which he stated was eliminated when the Field Services Director resigned. Several Councilman objected to many of the positions listed as not truly department heads but division heads however Councilman Homing objected to deleting any of the positions listed on the draft contained in the packet. City Attorney Broughton still felt this should be a part of the Management ordinance. #3112 · M/S/C/U/(Adrian/Johnson) to pass ordinance, first reading, providing a definition of administrative heads whose appointment will require Council confirmation, time limits on provisional appointments and providing a dollar limit on professional service agreements, as amended above by Councilman Adrian. ORDINANCE #3997 - WATER/SEWER RATE INCREASES, #AB85-503 TAPE #303 #0056 · M/S/C/(Drouin/Pachek) to approve second reading, Ordinance #3997, amending Ordinance No. 3824, as amended by Ordinance No. 3859 and Ordinance No. 3950 establishing rates and charges for sanitary sewer service. VOTE: In favor: Sturdivant, Homing, Pachek, Anderson, Drouin, Adrian & Johnson Abstain: Amo Motion PASSED. RESOLUTION #2101 IMPREST ACCOUNTS, REPEALING #2057, #AB85- 515 The City is required by State Law to establish imprest accounts by Resolution. Due to the change in utility billing and anticipated decrease in travel in 1986, the following changes are recommended: (1) Decrease finance change fund from $800.00 to $400.00; (2) Establish new change fund at Water Utility of $200.00, and (3) Reduce Advance Travel from $5,000.00 to $4,000.00. The remainder of the Resolution remains the same. Staff recommended approval. TAPE #303 " City Council Reg. Mtg. Minutes November 27, 1985 Page 8 of 8 UNAPPROVED DRAFT #0089 M/S/C/U/(Pachek/Johnson) to approve Resolution No. 2101, establishing various imprest accounts and repealing prior Resolution #2057. With no further business, meeting adjourned at 9:51. p.m. KATHLEEN MCCLUSKEY, City Clerk' City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs cO: Normal Distribution File/Vault