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HomeMy WebLinkAbout11/06/85 TAPE #295 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES .A,m ~ November 6,1985 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, November 6, 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 Amc, Russ Johnson and Jim Adrian. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Councilman Homing absent. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with Councilman Adrian giving the Invocation. CONSENT AGENDA Item #A - Minutes of October 30, 1985, #AB85-461, with a request by Councilman Sturdivant to amend Pg. #2, Mayor's Report that there is still junk vehicles at Callahan with only one in running condition; Item #B - #AB85-462, Interfund Loans including Employee's Retirement Fund, Fire Pension Fund and Golf Course. #0095 · M/S/C/U/(Adrian/Pachek) to approve the Consent' Agenda, items #A and #B. City Attorney Bill Broughton stated an Executive Session was convened during the Study Session, pre-Council, at 5:16 p.m. to discuss labor negotiations. Item #C - Change Order No. 4 to Contract C-9, #AB85-463 is presented to finalize the final contract price and completion date, and Item #D - #AB85-464, Acceptance of Contract C-9, Telemetry, recommending that final payment be made to Technical Systems, after the mandatory 30 day period and State Department of Revenue certifies that no taxes or penalties are due. #0162 · M/S/C/U/(Drouin/Pachek) to approve Change Order No. 4 to Contract C-9 and Acceptance of Contract C-9, Telemetry. 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. #0180 · M/S/C/U/(Sturdivant/Adrian) on November 6, 1985, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: voucher number #15704 #15806, in the total amount of $152,037.19, Payroll Register ending 11/3/85, in the total amount of $325,065.07, and Wastewater Facilities Construction Project Warrants in the total amount of $200,872.3!~ and vouchers #15812 - #16013, in the amount of $200,410.20. Council President reminded citizens that Item #8A - Residential Parking Petition - ?th Street Veneta - High, #AB85-466 was pulled at Study Session. MAYOR'S REPORT Mayor Dawkins asked Council confirmation of Ms. Joy Isham and Nancy Ann McKelvy to the Handicapped Action Committee. He gave history of each persons background. TAPE $295 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes Nove~er 6, 1985 Page 2 of 6 #0240 · M/S/C/U/(Packek/Adrian) to approve Ms. Joy Isham and Ms. Nancy McKelvy to the Handicapped Action Committee. Mayor Dawkins stated, in response to Councilman Mosely's complaint that a letter is being sent from the City Attorney's office to the Laundry in Manette area regarding catamination of water. Councilman Drouin asked update of Street light removal with Mr. Dawkins stating the Street Superintendent is calling a meeting of those residents in the Snyder area which is the final evaluation. He said some lights have had to be replaced such as Washington Avenue and Craven Center Parking lot on Park Avenue. He also stated he had no report on the sidewalk on Callow. ATTORNEY'S REPORT City Attorney Bill Broughton reported on the Press Conference held Friday, Novembe~ 1, 1985, announcing a decision of the Court of Appeals, which will enhance prosecution of DWI offenders. He stated the decision may be appealed at the State Supreme Court level. He reported that he researched Ordinance #3966, Building Code Ordinance, per request by Mr. Wayne Caldwell, President of Plumbers and Pipefitters, local. He said that although the ordinance contains more than one issue, it is his opinion that it did not violate the City Charter because the ordinance deals with codes only. He also had a prepared response from Dave Delph, Building Official for Mr. Caldwell. Mayor Dawkins announced that the Kitsap County Homebuiide~s have scheduled their show in the former Sears location to be held in February, 1986. PUBLIC RECOGNITION Councilman-Elect A1 Colvin, 341 Hill Court, commended the existing Councilmen on the work and commitment during their tenure of office and asked assistance during the transition to the newly elected officials due to take office January 1, 1986. COUNCIL MEMBERS REPORTS Councilman Johnson, reported a Budget Study Session for Thursday, November 7, 1985, at 6:00 p.m. Councilman Amo recommended that in baskets should be provided newly elected officials and that weekly Council packets should also be made available to assist in the transition period. Councilman Drouin stated he will be attending the Puget Sound Sub-Regional meeting tomorrow which will have an update of Sludge disposal. Councilman Pachek stated he and Wastewater Compliance Officer Ken MacKenzie attended the Westside Improvement Club meeting (Navy Yard City) to follow-up on complaints about odor problems with the new Wastewater Treatment facility. 0nly one individual still unsatisfied. Councilman Sturdivant expressed concern that campaign signs be removed within the 7 day period and that a press release remind individuals. 1986 ELECTRONICS MTCE. CONTRACT W/CENCOM, #AB85-467 Support Services Department has negotiated a contract to provide 1986 Electronics Maintenance to CenCom for TAPE #295 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes November 6, 1985 Page 3 of 6 $38,000.00. This arrangement serves the best interest of the City of Bremerton because; (1) in addition to recovering the full cost of servicing the contract, a portion of the overhead of Electronics Division is supported by the contract; (2) CenCom provides a key public-safety service to Bremerton Police, Fire and Emergency Medical Services, therefore adequate electronics maintenance of CenCom is a concern of the City, and (3) outside contracts help keep Electronics Division strong and subsidize internal needs without increasing internal costs. Mr. Dave Patmon, Support Services Supervisor recommend Council approval. He answer general concerns expressed by Council regarding additional manpower, location of equipment services, types of equipment, etc. He further stated this is similar to the previous years Support Services, serviced CenCom equipment. Support Services lost the bid in 1984. Councilman Johnson was concerned about the verbiage, Pg. #6, "comparatively negligent" which City Attorney Broughton said the County was insistant on including. #1120 · M/S/C/U/(Sturdivant/Johnson) to approve 1986 Electronics Maintenance Contract w/CenCom. INSTITUTIONAL 0 & M DEMONSTRATION PROGRAM, #AB85-468 The City of Bremerton has the opportunity to participate in a second institutional 0 a M (Operations and Maintenance) Program. The City will receive funding for equipment and/or material (up to $1,000.00) needed to assist one (1) building in becoming energy efficient. This item (or items) have been recommended by the Energy Auditor and must be limited to only one of the Five participating buildings. City employee labor cost cannot be included. Approval of the attached agreement will authorize the support Services Department/Facilities Division to install low energy consuming electrical fixtures at Fire Station #1 with energy saving designated funds from Washington State Energy Organization. Any cost above WSEO funding must be borne by the City. Mr. Dave Patmon recommended approval of the 0 & M Program. #1388 · M/S/C/U/(Drouin/Adrian) to approve the Institutional 0 & M Demonstration Program. PROFESSIONAL SERVICE AGREEMENT MUNICIPAL POOL, #AB85-489 Ms. Arvilla Ohlde, Assistant Parks Superintendent, requested Council approval to enter into an Agreement with In-Nova Tech, in the amount of $2,000.00/Professional Services Contract, to study solutions on problems with the heat recovery system. To replace the system would cost $100,000, whereas Mr. Ray 3essen, Jr., with In-Nova, is a specialist in indoor pool problems such as humidity, ventilation, energy consumption, etc. and could assist in solving the problem. He was the same individual who corrected the error in the Pool roof after construction was completed, therefore she recommended Council consider his past performance. She stated the humidity has cause the phones, clerical equipment and other electrical equipment to become damaged beyond repair because of moisture in the Municipal Pool. Funds are available in the !985 budget ($10,000.00) under energy conservation measures/General Facilities. Council~n Sturdivant stated that problem with Municipal Pool is~nique to indoor pools and suggested she contact the Kitsap Swim and Tennis Club officials who have had a study, determining corrective measures. Ms. Ohlde stated the department has work with several contractors, brought in technical and electrical inspectors but have not been able to correct the existing problem. She stated it would cost in the neighborhood of 10-12,000 to have a study performed TAPE #295 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes November 6, 1985 Page 4 of 6 and felt with Mr. Jessen credentials, $2,000 was a reasonable price. Councilman Johnson felt a time frame should be added, subject to a 30-day completion. #1714 · M/S/C/U/(Johnson/Adrian) to approve entering into an Agree- ment with Mr. Jessen, In-Nova to provide Professional services defined in Contract under "work" performed, and subject to a 30-day completion clause. Council recessed at 6:30 p.m. - 6:45 p.m. HEARING - REQUEST FOR REZONE FROM R-1 TO R-2, 707 1/2 SUMMIT~ APPLICANT KIS DEVELOPMENT~ #AB85-472 Planning Director presented Staff report on the requested rezone, outlining Planning Commission Resolution 761, on file in the Planning Department offices. He stated the Commission recommended denial unanimously. It was noted that the subject site was narrow (50' width) and long (120' length) however the applicant proposed two duplexes on parcel. He stated Council had two issues to consider; (1) whether or not this was a conflict in Zoning Pattern, and (2) demontration of Public need or purpose. Council President asked the conflict of interest question with all Councilmen remaining seated. There was no one present to speak in favor of the request. Mr. Bill-~e~, adjacent property owner was opposed to the rezone because one would set a precedence for future dense development in the area. The neighborhood is already having TAPE # 296 parking problems with just the single family dwellings. Councilmen shared the opinion that the parcel was too small for the stated intent by the applicant. #0594 · M/S/C/U/(Adrian/Mosely) to uphold the Planning Commission decision to deny the request for rezone, 707 1/2 Summit, applicant KIS Development. ORDINANCE #3992 (SECOND READING) STREET NAME CHANGE/WESTERN AVENUE #AB85-456 #0666 · M/S/C/U/(Adrian/Johnson) to pass Ordinance #3992, second reading, renaming Western Avenue situated in the City of Bremerton, Kitsap County, Washington to "Katy Penman" Avenue. ORDINANCE #3991 - "EMERGENCY" - DELETE EXEMPTION CLAUSE IN ORD. #3898~ #AB85-470 Ms. Paula Johnston, Tax Revenue Auditor, stated there is an immediate need to delete an exemption clause in the Business/Occupation Tax Ordinance #3898. Under 5.02.060(b) Bremerton Municipal Code, Exemptions to Chapter applicability, there is a clause that exempts interstate commerce from an imposition of a license fee and implied taxation. Many of the PSNS businesses and contractors are dealing in interstate commerce when engaging in business at the shipyard. The State of Washington taxes this interstate activity for B/O Taxation and gives Municipalities the power to do the same. Councilman Adrian noted that many States do not have a B/O taxation, therefore the difficulty in bringing businesses into compliance. City Attorney Bill Broughton noted that by deleting the clause there is less possibility for challenge and as it now reads the City could lose dollars if someone decided to go through litigation. Councilman Sturdivant stated he would oppose the ordinance because he feels it does not meet the "emergency" needs question. Council ,-, --% TAPE #295 & ~296 UNAPPROVED DRAFT City Council Reg. Mtg. Register November 6, 1985 Page 5 of 6 President explained to those present that an emergency ordinance must be unanimous. Councilman Adrian appealed to Mr. Sturdivant to change his position, however, other Councilmen stated they too would not support in the form of an emergency ordinance. #1575 · M/S/C/(Adrian/Sturdivant) to approve on first reading, an ordinance amending Ordinance No. 3898, Section 15, providing for exemptions to Chapter 5.02, B.M.C. Business Licenses and Occupation Taxes. VOTE: In favor: Sturdivant, Pachek, Mosely, Anderson, Amo & Adrian Abstain: Drouin & Johnson Motion PASSED. ORDINANCE (FIRST READING) RISK MANAGEMENT & SAFETY OFFICE, #AB85-471 This Ordinance officially recognizes the Office of Risk Management and Safety and confers upon it certain, specific duties and responsibilities for insurance acquisition, safety and claims handling. Ms. Kathieen Maurer, City's Risk Manager was present to address Council questions. She gave the history behind the ordinance, responsibilities of the Risk Manager and related duties to protect the City from financial losses and summarized the ordinance sections. Councilman Anderson objected to the position addition of Safety Officer as part of the responsibility. He felt it should be two positions with that of the Safety Officer requiring a college degree in that field. He further was concerned that the Safety Officer would have more power than the Mayor in determining field work being shut-down. Ms. Maurer stated that, although she is not a professional safely and loss Engineer, she depends on the broker and special technical advisors in making determination in the Safety area. Councilman Adrian defended the inclusion of Safety Officer because of the positive message the City will send to the broker at the time we renew insurance coverage in February. Councilman Sturdivant felt that a Resolution, rather than an ordinance which becomes law, may be more appropriate. Councilman Moseiy stated he approves of the Risk Manager but not collateral duties as the Safety Officer. Councilman Anderson also felt that at a later date there would be a request to upgrade the position and ask for a higher salary which Ms. McCluskey stated is not the intent. She stated Ms. Maurer is willing to take on additional responsibility, working !ess hours, at the same pay. She also felt that the title Safety Officer is more the coordinator who sees that the Safety Committee functions, which has not been the case in the past and that Ms. Maurer is most qualified. #2215 · M/S/C/(Drouin/Johnson) to approve Ordinance (first reading) establishing 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, Drouin, Amo, Adrian and 3ohnson Opposed: Anderson and Mosely Motion PASSED. Recessed from 7:55 p.m. to 8:05 p.m. ORDINANCE {FIRST READING) STREET/SIDEWALK VENDORS, #AB85-434 Ms. Janie Coberly, B & 0 Tax Official, presented for Council approval, an ordinance which is a compilation of several TAPE #296 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes November 6, 1985 Page 6 of 6 ordinances used by other cities and changes, as requested from the previous discussions at Council meeting Octobgr 16, 1985. Requirements included: deleted property owner permission; Delete plot plan submission, and deleted flower vendor 200' requirement though it was in nearly every ordinance reviewed from other cities. The License fee was lowered to $50 per year with no break for additional carts as requested. Exemptions were to include sidewalk sales, charitable organizations such as girl scouts cookie sale, parades and streets fairs. Attorney Broughton wanted newspaper vendors added as exempt. Also a new section (#6) was added to set up a Committee to determine vendor locations and assign those locations to various vendors. Mr. David Tipton, Inspector for the Bremerton/Kitsap County Health Department, gave a formal presentation, on file in the City Clerk's office, stating the problems the Health Department has had since the operators have been in business. Mr. Keith Hauitz Pouisbo, WA/Restaurant operator in City, asked for a 2-3 week postponement to allow businessmen, property owners and vendors an opportunity to study draft. Councilman Adrian suggested that Mr. Dick Kelstrip and Pete Flynn, MainStreet Association, get a meeting together with the vendors and businessmen to work out there problems. #2298 · M/S/C/(Amo/Mosely) to table 3 weeks, first reading of an ordinance - Street/Sidewalk Vendors. VOTE: In favor: Sturdivant, Pachek, Mosely, Anderson, Amo, Adrian & Johnson Opposed: Drouin Motion PASSED. With no further business, meeting adjourned at 7:56 p.m. KATHLEEN MCCLUSKEY, Ci~ Clerk City of Bremerton APPROVED: City Council KLM:AA/cjs cc: Normal Distribution File/Vault