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.
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#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
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$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
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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
,-, --%
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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
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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
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