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HomeMy WebLinkAbout05/15/85 TAPE #243 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES ~~ May 15, 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, May 15, 1985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen Bill Amo, Russ Johnson, Roy Mosely, and Clyde Pachek. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Absent were Councilman Adrian, Horning and Drouin. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson who also gave the invocation. CONSENT AGENDA Items A,B and C, Consent Agenda; Minutes of May 8, 1985, #AB85-220; Bid Award Washington Avenue 2nd. to 6th Street, #AB85-221, and Acceptance of Contract #2440 Warren/Wheaton, #AB85-222. #0062 · M/S/C/U/(Johnson/Sturdivant) to approve the Consent Agenda as presented. CLAIMS/WARRANTS REGISTER 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. #0073 . M/S/C/U/(Sturdivant/Johnson) as of May 15, 1985, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: voucher numbers #11688 - #11799, in the total amount of $71,352.96. MAYOR'S REPORT Proclamation #1 - designating May 17th & 18th as "Poppies Days" which benefits disabled and needy veterans and the widows and orphans of deceased veterans. Mayor Dawkins presented the Proclamation to Mr. Richard Bryce Keyser and Mr. Tom Lyskoski, Commanders of Post #239. Also introduced was Ms. Ruth King Johnson, Legion Auxiliary. Fire Chief Leonard Marks presented two Commendations; (1) to Mr. John Cox who phoned in a fire alarm, rescuing occupants on May 7, 1985, and (2) Mr. Kelly Anderson who, along with a companion, rescued two sail-surfers during a sudden storm on May 2, 1985. APPOINTMENT TO VACANT POSITION ON PLANNING COMMISSION, #AB85-223 Ms. Virginia Ockerman, recommended by Mayor Dawkins to fill vacancy existing on the Planning Commission. #0369 . M/S/C/U/(Amo/Pachek) to confirm appointment of Ms. Ockerman the city of Bremerton Planning Commission. PUBLIC RECOGNITION Ms. Jeanne Jackson, Chairman of Mayor's Committee on Handicapped, presented a prepared statement in response to and refuting a citizen's previous complaint regarding a recent incident at the Municipal Pool. Councilman Anderson stated he had sent a memo to the Mayor, regarding the incident, with no response to date. TAPE #243 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes May 15, 1985 Page 2 of 7 Mr. Pete Flynn, Downtown Main Street, noted the project has received full funding for the 3 year commitment. Mr. Calvin Earl, 2722 Wheaton Way, thanked the Mayor and Council for resolving his complaint about the intersection at Callahan & Wheaton Way. He indicated he supported Ms. Jackson in her efforts for the handicapped. COUNCIL MEMBERS REPORTS Councilman Sturdivant, commended Councilman Jim Adrian in his efforts regarding a new ferry terminal. He outlined several of the Bills that have passed in the Legislature which directly impact Counties and Cities, financially, and stated they can not be inacted until Governor Gardner signs~Ins.Benefits Those of particular concern to Bremerton included, HB61~Retirees; LEOFF IX - Disability benefits increase, SSB422.8 Public Works Assistant Acct. and SB3058 Redistribution of Liquor profits, Change would have made 50-50 split for Cities & Counties~ HB435 provided LEOFF II a Disability income supplement. Mr. Sturdivant noted that the Municipal Golf Course is ahead in receipts, as compared to the same period in 1984, with 1/2 May receipts totalling $25,000, with only $30,000 receipted in May during 1984. He felt this was a good indication that the course will pay for itself. He noted that the Clubhouse did not need a new roof as previously reported, but rather repairs of the flashing would solve the problem. Councilman Pachek, stated there would not be the weekly Wastewater Facilities Project Committee meeting in the morning because of conflict with the Armed Forces Council meeting. Councilman Mosely, reported that the Public Safety Committee is continuing elimination of those streets lights deemed not necessary and contacting residents affected, by elimination, for input. Councilman Johnson stated the Investment Committee met this week and will soon prepare regular reports to the Council. He stated the Committee will be meeting with the City of Seattle Investment Committee and 2 Financial Institutions. The Fiscal and Budget Committee will have an Ordinance before Council next week, prepared by the Budget Analyst. The Audit Committee has met regularly with audits being performed constantly on various departments/projects. He stated the committee is drafting a Resolution dealing with Federal Funding which will tighten policies within the City. Council President Anderson noted items #8A, #9C and #9D, will be carried over until tomorrow morning's reconvened Council meeting. PURCHASE OF COMPUTER SYSTEM & TYPEWRITER TO REPLACE STOLEN EQUIPMENT, #AB85-225 The Wastewater Facilities Construction Project offices requested replacement of equipment belonging to the Water Department, stolen from the Project offices. Bids have been received from several suppliers. Computerland in Bremerton will supply the computer system for $4,200.00. Peninsula Stationers, also in Bremerton will supply the typewriter for $1,123.00. Total expense less tax will be $5,323.00. The price is $3,000.00 less than the original invoice expense. Without replacement, documents and ledgers will have to be hand written. Project Engineer Ken MacKenzie stated measures have been taken to prevent a similar incident from occurring in the future. He stated the important material lost was the financial transactions needed for 50% funding TAPE #243 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes May 15, 1985 Page 3 of 7 application for the Grants reimbursement. It will take approximately 400 hours to transfer from hard copy to the computer. #1608 · M/S/C/U/(Mosely/Pachek) to approve request to replace stolen equipment from the Wastewater Project offices paid by Fund 309. AGREEMENT FOR DONALD PRATT, PLANNING DIRECTOR, #AB85-211 Mayor Dawkins requested Council approval to confirm appointment of Donald Pratt as permanent Planning Director to fill the existing vacancy since Mr. Gero's resignation. He stated that Mr. Pratt was previously submitted for confirmation by the Selection's committee when Mr. Gero was hired. He would work according to an attached Agreement, on file in the City Clerk's office, which conforms to other employment contracts entered into between the City and City managers. It provides for "at will" termination and severance. As a result, probation is not a necessary condition for this position. Councilman Amo noted that Mr. Pratt was screened and qualified when the position was formerly vacant. #1661 · M/S/C/U/(Amo/Mosely) to confirm appointment of Mr. Donald Pratt as City of Bremerton - Planning Director. QUIT CLAIM DEED, CITY TO FEEK, #AB85-226 The City Attorney presented a Quit Claim Deed, concerning a portion of property which was dedicated to the City of Charleston several years ago and never developed as a right- of-way. This property is located near Kitsap Way on Oyster Bay. In order to remove this cloud from the title, it is necessary for the property owners to either bring a legal action to quiet title or to take a Quite Claim Deed from the City of Brmerton for any interest the City may now have. In consideration for this Quit Claim Deed, the property owners will pay to the City the sum of $100.00 and are futher accepting from the property owners an easement over the portion of the property being vacated for future sewer construction and maintenance. City Attorney Bill Broughton indicated the City Engineer had recently provided further information regarding the title. Mr. Larry Paulson, Counsel for the Landowners, reiterated the opinion of the State and Land Title that it was never accepted. He said the City will never improve the property however, his clients need the title to develop said property. Location is the E. end of Oyster Bay from Kitsap Way, approximately 30' x 600' depth. He said his clients are willing to give City easement to hook to sewers. Mr. Glenn Vockrodt 1409 Marlow, noted that the parcel of property runs to the water and according to RCW's, any Right of Way that touches water may not be vacated by the City or County. He felt the property in question is worth $200,000 and did not feel the $100.00 consideration offer was appropriate. Mr. Paulson stated this is not a request to vacate. Ms. Judith Katsirubas, City Auditor, recommended Council table the request until the City Attorney can further research. Mr. Vockrodt noted that the property, originally dedicated by the City of Charleston, was 30' dedicated to street, each side, making the total 60' according to his checking records. Further the property was for Public domain and use. Mr. Paulson responded, stating that when the property TAPE #243 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes May 15, 1985 Page 4 of 7 was short-platted, another easement was issued around the parameter of the property. Councilman Sturdivant asked for opinion from the City Attorney if the deed, recorded by the City of Charleston was an official document with Mr. Broughton stating yes, filed by the then City Clerk with formal acceptance. City could use to show acceptance. #2395 · M/S/C/U/(Johnson/Pachek) to refer to the Planning Committee and returning to Council in four weeks (6/12/85). FULLTIME - TEMPORARY POSITION IN ATTORNEY'S OFFICE, #AB85- 227 The decision made by the City of Bremerton to self insure for the first $100,000 of loss has already generated a significant amount of additional work for City staff. The risk management function has been hardest hit, but this decision has also generated additional work for the City Attorney's office. That workload will increase as claims and lawsuits are filed where the City Attorney's office is required to represent the City of Bremerton as opposed to an attorney hired by our insurance company. In order to prepare for this additional workload, a good set of policies and procedures need to be developed to coordinate the work of the Risk Manager and the City Attorney's office. In addition, a significant amount of preparatory work needs to be done for the City to meet this new challenge. It is critical that this request be acted on as soon as possible, as the existing part-time individual has been released from her position in order to hire the additional help once funding is approved. The $6,000.00 needed to fund this request could come from unprogrammed Shipyard annexation revenues and various utility tax surplus, which is the recommendation of both the Budget & Finance Committee and the City Attorney. This position would be funded, if approved by Council, for 4-5 months. #2582 ® M/S/C/U/(Johnson/Sturdivant) to approve hiring a fulltime - temporary position in the Attorney's office with suggested funding sources. Recessed at 6:50 p.m.; Reconvened at 7:00 p.m. HEARING - TAXICAB LICENSE, MATTHEW B. SCOTT, #AB85-195 This hearing was set by Resolution #2062 with proper notice given. No comments have been received from the Police, Fire, Building or Planning departments. Mr. Matthew Scott, applicant, spoke in favor of granting the license requested by himself. He stated he is part-owner of Arrow Auto and handles maintenance and repairs on many of the cabs operating in the area. He is proposing a new stall and 2 cabs for his new operation which will be dispatched from Chico Towing's, in-city location. Ms. McCluskey stated no departments posed objection to the request and that Mr. Scott had a background check, etc., prior to setting the hearing date which is routine. Ms. McCluskey stated that a Certificate of Insurance is required. Mr. Scott stated he is working with R.S.Hayward, Ins. which will require inspection of all his fleet. Ms. McCluskey noted that the motion should include conditions and requirement of the insurance certificate. #2831 · M/S/C/(Johnson/Mosely) to grant a Taxicab License to Mr. Matthew Scott, subject to the terms of the ordinance and requiring a Certificate of Insurance. VOTE: In favor; Anderson, Amo, Johnson, Mosely & Pachek Abstain; Sturdivant ~ TAPE #244 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes May 15, 1985 Page 5 of 7 ADMINISTRATIVE PROCEDURES ORDINANCE (FIRST READING) - RULEMAKING, #AB85-159 City Attorney stated that there is no ordinance which identifies rulemaking within the City of Bremerton by department agencies. Further, there is no established uniform procedure for adoption of different types of governmental rules in a manner which allows input from various City departments as well as the general public. The proposed ordinance identifies three different type of rulemaking. (1) - There are rules of implementation of ordinances and resolutions which are promulgated by City departments to effectuate ordinances and to interface with the general public. Adoption of these rules require Council and public input. (2) - There are also "interdepartmental" rules. These are rules promulgated by the various departments and establish how they operate in dealing with other City departments and agencies. These rules are adopted by Executive Order. (3) - There are "intradepartmental" rules which are rules and procedures setting forthe the procedures for the internal functioning of each department, which are approved by the Mayor. The ordinance will provide for a work program to be developed by the Mayor for implementing this Ordinance. Once a final set of rules are adopted by the City, a comprehensive set of policies and procedures can be published for the three enumerated rules above. Mr. Broughton stated the ordinance was prepared by Dale Bricker, a Graduate of the University of Oregon, Law School, who researched the data contained within the ordinance. He stated several areas indicated gaps in procedures, misapplication of information in dealing with the public, etc. whereby this ordinance would solve problems rather that create problems. Councilman Johnson requested clarification of Section 9, with Mr. Broughton stating that this deals #3136 with areas affecting the Public. Councilman Mosely said he TAPE #244 supported the proposed ordinance. #0244 ® M/S/C/U/(Mosely/Amo) to approve Ordinance (first reading) estabishing rulemaking procedures for all departments, commissions, committees, boards and offices in the City of Bremerton whose activities substantially affect the interests of the public. ADMINISTRATIVE PROCEDURES ORDINANCE (FIRST READING) - HEARING EXAMINER, #AB85-160 City of Bremerton ordinances provide for various appeals procedures and vary from area to area. Variations include length of time to file and appeal, forms used, who appeal should be directed to and time in which to appeal the City's decision to Superior Court. This proposed Hearing Examiner ordinance consolidates citizen appeals of administrative decisions through one centralized Hearing Examiner system which would be established in the City Clerk's officer. Appeals of the Hearing Examiner's decision will be consistent and uniform throughout the City. Examples of decisions which would be appealed to the Hearing Examiner under this Ordinance include building and fire code decisions, business license determinations and water bills adjustments. The fiscal impact will be $5,000.00. City Attorney Broughton noted that monthly hearings will be set to enable the citizen to have a problem resolved expeditiously. #0266 . M/S/C/U/(Amo/Johnson) to approve Ordinance (first reading) outlining Administrative Procedures - Hearing Examiner. Meeting recessed at 7:45 p.m. TAPE #245 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes May 15, 1985 Page 6 of 7 Reconvened at 9:00 a.m., May 16, 1985, in recognition of Armed Forces Week/Local Military Personnel. Presiding was Council President Art Anderson with Councilmen Amo, Johnson, Mosely and Pachek present. Also present were Mayor Dawkins, Assistant City Attorney Mary Killian and City Clerk McCluskey. Absent were Councilmen Adrian, Horning, Drouin and Sturdivant. President Anderson led the Public in both the Pledge of Allegiance and Invocation. Mayor Dawkins introduced Military counterparts for Mayor and Councilmen, turning the meeting over to his designee to assign staff their Counterparts for "Military Take-over of City Hall" He noted that once assigned to a position, the Military personnel will conduct business of the meeting, tour their respective department and take part in a picnic at Jarstad Park with activities following. REQUEST FOR TELECOMMUNICATIONS CONSULTANT SERVICES, 9AB85- 224 City Council was advised May 6, 1985, by the City Purchasing Agent, of potentially significant cost reductions available by acquisition of an alternative telecommunications system. First year savings would be nominal due to change of service, but succeeding years could reduce costs as much as $50,000 annually. Additionally the scope'of service would include traffic studies, staff interviews, specifications writing, bid evaluation and project management through acquisition and installation/change over. Mr. Gil Johnson, Purchasing Agent requested Council approval to negotiate a Professional Services Contract in an amount not to exceed TAPE #245 $15,000. Impact of non-passage would estimate telecommunications costs at approximately $2,000.000 in ten years, impact of passage would estimate cost reduction of approximately $800,000. #0200 · M/S/C/U/(Amo/Johnson) to approve request to negotiate a Professional Services Contract in an amount not to exceed $15,000 after prequalifying telecommunications consultants. RESOLUTION #2066 - KITSAP LAKE BOAT LAUNCH RAMP & TRAILER PARKING, #AB85-228 On April 3, 1985, City Council approved the development plan for the Kitsap Lake Boat Launch Ramp. Approval of the plan and ultimate development was mandated by Phase I of the Kitsap Lake Project. The Parks and Recreation Department is preparing an application to the Interagency Agency for Outdoor Recreation for funding assistance for this development. One of the development project application attachments is a resolution adopted by the governing body authorizing the request for funding assistance and to identify the intended source of the local share of the project cost. The general fund should be identified as the source of city funds. #0779 . M/S/C/U/(Amo/Mosely) that the City Council adopt Resolution #2066, authorizing the request for I.A.C. funding assistance and identifying the intended source of the local share of the project cost. RESOLUTION #2067 - ESTABLISHING CHANGE FUND IN JAIL & INCREASING ATTORNEY'S PETTY CASH FUND, #AB85-229 The City Jail is now charging fees to those sentenced to Jail. As they check in at odd hours and on week-ends, a cash collection system has to be established to enable jailers to make change. The other change being made at this time is to correct the size of the Attorney's Petty Cash Fund from $200.00 to the $400.00 he has had for the past two years. TAPE #245 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes May 15, 1985 Page 7 of 7 #1506 ' M/S/C/U/(Anderson/Amo) to approve Imprest Fund Resolution #2067, establishing various imprest accounts and repealing prior Resolution #2057. Meeting adjourned at 10:16 a.m. for scheduled Armed Forces activities. KATHLEEN L. MCCLUSKEY, City clerk City of Bremerton APPROVED: ART ANDERSON, City Council KLM:AA/cjs cc: Normal Distribution File/Vault