HomeMy WebLinkAbout09/16/98TAPE #1570
CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 1998
The regular meeting of the City Council of the City of Bremerton was called to
order in the City Council Chambers, 239 4th Street, Bremerton, Washington,
Wednesday, September 16, 1998, at 5:30 P.M., with Council President David
Farr presiding. Council members present were Jim Reed, Carol Arends, Lon
Overson, and Cecil McConnell. Councilmen Cados Montgomery, Mike
Shepherd, John Law, and Wayne Olsen were absent. Also present were City
Attorney Glenna Malanca and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Deacon Roy Mclnnis of Sinclair Missionary Baptist
Church.
President Farr made the following announcements:
(2) The City Council held a Study Session prior to the Council meeting, 5:00 -
5:30 P.M., to discuss general Council business.
(2) Councilmen Carlos Montgomery, Mike Shepherd, and John Law were
absent due to their attendance at an AWC Conference.
CONSENT AGENDA
None
CLAIMS/CHECK 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 that had been made available
to the Council
#00'13 MISICIU(Arends/McConnell) On September 16, 1998, the Council does
approve for payment those vouchers included and further described as follows:
223649 through 223866 in the amount of $636,478.16.
COUNCIL MEMBER REPORTS
Mr. McConnell announced a District 1 & 2 Neighborhood Meeting to be held
Thursday, September 17, 1998, 7:00 P.M., at the Sheridan Park Community
Center. Topic to be discussed will be "Law & Order, with special guests Police
Chief Du Fresne, City Attorney Glenna Malanca, and Municipal Judge James
Docter. He also announced a District 5 Picnic to be held at Evergreen Park on
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Saturday, September 19, 1998, at 1:30 P.M. Citizens are also invited to come
early and help clean up the Park.
Mr. Overson mentioned that more information would be provided later this
evening on an upcoming "Gun Buy-Back" program. He commented on the great
weather, and encouraged citizens to come down to Bremerton and take a look at
all the changes going on, before the reins hit.
Mrs. Arends announced that 6th Street was going to open again soon, which is
good news, since it is one of the main routes downtown. She announced further
work is continuing on Burwell, with sidewalks being removed from one side of the
street, however it will remain open. She wished Councilman Montgomery well,
after hearing he took ill this afternoon.
Mr. Farr expressed his regret at not being able to attend the Martin Luther King
Scholarship Luncheon held this previous Saturday, but did congratulate the
recipients of this years Bridge Builder Award, including Rev. Cleveland Williams.
PUBLIC RECOGNITION
Chief Paul Du Fresne introduced Officer Wendv Davis, who provided details
on the "Gun Buy-Back" program, including a brief background on the program's
origination and purpose. The City's "Gun Buy-Back" progrem will be held this
Saturday, September 19, 1998, 8:00 A.M. to 2:00 P.M., here at the back parking
lot of City Hall. $100 will be paid for each working handgun accepted. Other
non-working handguns and rifles will be accepted and safely disposed. Officer
Davis provided her phone number, 478-5231, ext. 1, and offered her assistance
to any Councilman who would like her to speak at one of their neighborhood
meetings or to assist in any problems they might be experiencing in their
neighborhoods. Mr. McConnell questioned how guns should be brought in.
Officer Davis stated in a bag, and preferably unloaded, however Officers will be
available to assist those who do not have working knowledge of guns. Chief Du
Fresne provided additional information, such as guns would be accepted
anonymously. As far as accepting guns from dealers and pawnshops, they
would be able to dispose of unwanted guns, but not be able to pay $100 for each
gun since funds are limited. This program was set up to assist homeowners and
citizens to dispose of unwanted handguns, not to assist dealers or pawnshop
owners from simply eliminating an over stock of weapons. Larry Dickerson,
offered additional information about the program, and a history about why he
became involved. Those in attendance thanked him for his generous donation of
$10,000, which made this progrem possible. He commended rental owner Mark
Harter for his diligence in eliminating renters who were involved in illicit activities,
and stated we needed more like him.
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Don Larson, President of Kitsap Diving Association, announced a series of
events to be held during Washington Water Weeks from August 29 to October 4,
1998. Here in Bremerton, the Sinclair Inlet Clean Up will take place Saturday,
September 19, 11:00 A.M. - 2:00 P.M. He encouraged citizens to volunteer. He
presented a poster advertising the activities printed free by Blue Sky Printing in
Poulsbo.
Mr. E.L. Sturdivant read the following letter into the record:
"I have always been a promoter and champion of Bremerton. I come here today
to convey to the Council, the Mayor, and City Attorney, my disenchantment of the
'Enforcement and Compliance" to our City ordinances, particularly the lack of
enforcement of weekly garbage pick-up and the accumulation of garbage at
residences which become a health problem, and possibly create a downgrading
of property values which can affect a whole neighborhood.
It often takes months to get a non-operable car ticketed and towed away. It
takes many contacts with the divisions of the Police Department to get any follow
through. The ordinance states "...A car can not be stored on the streets of
Bremerton over a time period of seventy-two (72) hours without being moved or
operable". Most often when you call the Parkinq Complaint department, you get
a recording. If you leave your phone number, you seldom get a return call about
the complaint. The same problem occurs with Animal Control Enforcement. No
return calIs! Nothing is done to alleviate the problem. If you come to the Police
Department window, there is no one available to hear your complaint. I reported
the dog across the street was roaming the neighborhood, lying on the street,
stopping cars, scattering stored garbage, and was never tied up or fenced.
Finally, the Animal Control lady came and left a message on the owners door.
The owner purchased a dog license and the problem was satisfied by Animal
Control. When the Animal Control person returned a week later, I talked to her
and said, "the problem has not been resolved". The lady looked at me and said
nothing. I was polite and courteous to her when I explained for two or three
minutes the problem. She said nothing - (it made me feel I was imposing on her
time and causing her to perform her job) - and the dog still runs free!
I will give you my observation and experience on neighborhood "Parking
Violations': Halverson is a four (4) block street. Near Sheridan Road there is a
32' Fleetwood Terry Trailer that has been on the street close to a month. It is a
traffic hazard! There were yellow chalk marks on the street side tires about two
(2) weeks ago. It is still on the street today. On 31st & Halverson, there is a
'yellow van" parked at east 30' of the center radius. A definite traffic hazard!
The yellow van has not been moved for well over a month. Police cars and
Parking Enforcement Officers have driven by numerous times. Not even a
warning ticket has been issued. It is not uncommon in Bremerton to see a car
parked completely over the side or half over the sidewalk. We all know
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sidewalks are for pedestrians and the st~cts are for cam. School children and
adults are often seen walking past in the street. This is wrong and dangerous. In
my neighborhood, there are at least four parking violations that have been
present for one to six months. If the car is licensed and being operated that
seems to be the criteria for no ticket.
Yard Sales and Garaqe Sales have no enforcement or restrictions whatsoever. I
was told there is a three-day limit, and two sales allowed per year. Some
residences have on-going yard sales that last for weeks (e.g. across the street
from the Maple Leaf Tavern at 1730 Wheaton Way, a yard sale lasted for weeks.
The unsold "junk" is still in the yard, bordering Wheaton Way. It is not a very nice
looking scene).
In conclusion, I think the Mayor and City Council should appoint a "Compliance
Supervisor' to handle garbage accumulation problems, yard sale abuses, and
continua/sales of automobiles, boats, tractors, lawnmowers, and other large
items which are obviously not household items no longer needed. Rules and
ordinances must be enforced and the City needs a "hardball" Supervisor who
sees to it that City staff in various departments follow through with the order.
Lastly, I will tel/you my biggest "pet peeve". It is the adopted clich~' of the
Downtown Redeve/opment Association - "Believe in Bremerton". It has the
connotation of being a negative statement. It suggests that there must be a lot of
folks who don't believe in Bremerton. Why don't we say something positive like
"Bremerton, Best Little City West of the Mississippi", "West of the Rockies~
"West of the Cascades", or "West of Seattle". Thars being positive! Who cannot
contest that we aren't, if we say so, we are! Sincerely, EL. Sturdivanr'
Roy Mclnnis, attended the Martin Luther King Scholarship Luncheon, and
commented that it was his own opinion that the key-note speaker, Senator Slade
Gorton, gave a speech that was not in line with the type of award that was given
out at the luncheon.
Susan Brown thanked Mr. Reed for his comments, and was encouraged about
the direction the City Council appears to be going, and their attitudes toward the
public.
8A - SR304 TRANSPORTATION IMPROVEMENT PROJECT, CHANGE
ORDER TO ASBESTOS REMOVAL NO. 1 CONTRACT. #AB98-211
On August 26, 1998 the City Council awarded the Asbestos Removal No. 1
Contract to Crown Delta in the amount of $49,165. As Crown Delta performed
the work, additional asbestos was found in areas that were inaccessible in the
initial investigation. The estimated cost to perform the additional asbestos
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removal is $12,842. Prompt approval of the change order is necessary to
maintain the work schedule.
Additionally, in accordance with BMC 2.76.500(b)(2) staff requests that the City
Council provide the Mayor with additional change order authority for a total
contract amount not to exceed $80,000.
Gene Sampley, Public Works & Utilities Director, stated this is a time-sensitive
project, and also a project that is susceptible to discovery as removal of
regulated materials takes place, with asbestos as the primary problem item.
When attempting to demolish the "triangle" building, multiple layers of asbestos
was found in the flooring and other locations that were not previously discovered
when an inspection was initially made. These inspections are performed by the
City's consultant, and bids are prepared after assumptions are made after initial
testing, but discovery of additional materials are the responsibility of the City
rather than the contractor.
Mr. Reed asked if test holes were drilled. Mr. Sampley stated test holes were
drilled in certain areas, but the building was occupied at the time, so only
minimal, non-destructive testing was done.
#1160 MISICIU (Arends/Overson) Motion to authorize and direct the Mayor to
execute Change Order No. 1 to the SR304 Asbestos Removal No. 1 contract.
#1180 M/S/C/U (Arends/McConnell) Motion to authorize the Mayor to execute
change orders on the SR304 Asbestos Removal No. 1 contract in the amount of
$80,000.
8B - AWARD OF CONTRACT FOR 36" WATER TRANSMISSION
IMPROVEMENTS - GORST TO RESERVOIR NO. 4, #AB98-205
The project includes construction of a 36" diameter water transmission main
along State Route 3, Earhart Street, and 3rd Avenue W. to Reservoir No. 4. A
portion of the new main replaces a 40-year old transmission main and reservoir
inlet connection that is in poor condition and nearing the end of its useful life.
Because of its larger diameter, the new main will enhance the City's ability to
comply with Federal and State disinfection requirements at higher flow rates
during dry, warm weather.
Bids for construction of the 36" Water Transmission System Improvement project
were opened on September 3, 1998. The engineer's estimate is $5,264,950. Six
bids were received for this project; the average of the bids received is
$4,641,000. Mid-Mountain Contractors, Inc.'s bid of $4,057,353.45 was lowest;
and Robison Construction, Inc.'s bid of $4285,963.51 was second lowest.
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The action before the City Council is award of a contract with Mid-Mountain
Contractors, Inc. for construction of the project titled "36" Water Transmission
Improvements: Gorst to Reservoir #4" for $4,057,353.45 in response to request
for bids. In the event that Mid-Mountain Contractors, Inc. does not enter into the
contract, the City Council can choose to award a contract to Robison
Construction, Inc. for $4,285,963.51 (including sales tax) for construction of the
project titled, "36" Water Transmission Improvements: Gorst to Reservoir #4.
Gene Sampley, Public Works & Utilities Director, stated this project has been
long coming, and a vision of the City for several years. This project will
complete the 36" Water Transmission Main from Gorst to Reservoir 4, and will
provide for additional disinfection of the water system as required by the State.
This project is funded by a low interest, $3.5 million Public Works Trust Fund
loan by the State of Washington, providing an excellent opportunity for the City to
accomplish this very important project. He was pleased to see bids come in $1.2
million under their estimate, and there was very good competition among the six
bids. He pointed out there were a number of reasons to get this contract
underway, therefore a recommendation is included to award this contract to the
second lowest bidder should the first bidder fail to accomplish the contract.
President Farr stated that Council was severely criticized a few weeks ago
where bids had to go to the second lowest bidder after the first lowest bidder was
not able to meet the contract requirements. Citizens felt that Council should
require a bond in these situations, so he wanted to clarify if the City was picking
up a guarantee bond. Mr. Sampley stated yes, and stated that even in the
previous situation, a 5% surety was required in the form of a cashiers check or
bid bond, which is required on all bids.
Public comment - none.
#1485 MISICIU (Arends/McConnell) Motion to award a contract for
$4,057,353.45 (including sales tax) to Mid-Mountain Contractors, Inc. for
construction of the project titled 36" Water Transmission Improvements: Gorst to
Reservoir #4 in response to request for bids. In the event Mid-Mountain
Contractors, Inc. does not enter into the contract, the City Council will award a
contract to Robison Construction, Inc. for $4,28E,g63.51 (including sales tax) for
construction of the project titled 36" Water Transmission Improvements: Gorst to
Reservoir #4, and authorize the Mayor to execute the same.
8C - BUDGET ADJUSTMENT NO. 98-28 FOR 1998 WASTEWATER FUND.
#AB98-206
A budget adjustment for the Wastewater Fund No. 451 is required in the amount
of $680,000 to cover unanticipated costs of litigation in excess of the odginal
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estimate. Funds are available from a portion of the proceeds of the sale of utility
property in the vicinity of the Wastewater Treatment Plant.
Gene Sampley, Public Works & Utilities Director, stated this item is necessary
due to the heavy cost of litigation, which was not anticipated when the 1998
budget was prepared. The resources for this item are from the sale of properties
from the Wastewater Utilities assets.
Public comment - none.
#1583 MISICIU (McConnell/Arends) Motion to approve that attached Budget
Adjustment Request No. 98-28 to 1998 Wastewater Fund in the amount of
$680,000 to provide for payment of litigation costs in excess of original estimate.
8D - SALE OF OYSTER BAY AVENUE PROPERTY. #AB98-207
The Wastewater Utility acquired residential properties previously identified as
"Zone 1" in the vicinity of the Wastewater Treatment Plant to reduce the City's
liabilities for odor control through change of land use and to provide a buffer and
future expansion for the facility. The property has subsequently become known
as the Oyster Bay Property. A Request for Proposals (RFP) was issued and one
proposal was received for purchase of property declared surplus to the City's
direct needs on February 23, 1998. A property appraisal determined the value of
the property to be $2,000,000. The proposal submitted by Rodney R. and Linda
J. Parr was evaluated based on price, business proposition, projected revenues
to the City, and overall qualifications for the proposition offered. The proposal
was determined to be responsive and acceptable. The purchase price of
$1,993,305 which provides for a $55,000 credit for purchasers relocation of the
City storm sewer line currently on the property. It is recommended that Council
approve the purchase and sale agreement between the City and Rodney R. and
Linda J. Parr.
Gene Sampley, Public Works & Utilities Director, pointed out that Mr. Parr was
here at the Council meeting tonight, and he appreciated all the time he has
worked on this project with the City. He went over some of the items in the
agreement, and pointed out certain highlights, including relocation and expansion
of the stormwater detention system, to be maintained by the Parr's, and an
easement that will be filed for the property. Ms. Malanca explained that there is
a waiver and disclosure, which can be called an "odor easement", that applies to
each of the properties, and will be a requirement of each of the purchasers to
sign.
Mr. Mclnnis asked what the City will do with the difference between the
$680,000 referenced for litigation, and what the City is getting for the property
that is being sold. Mr. Sampley stated the Wastewater Utility currently has debt
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that will be reduced over a period of time, and them are also other obligations for
the Combined Sewer Overflow reduction program. In addition, approximately $1
million as revenues that will come to Utilities to offset acquisition costs as a result
of the business proposition itself, which will result in sales tax and property tax
revenues to the City.
Mr. Reed recommended a study session on this issue to look at the whole area,
and make sure this kind of investment is encouraged to help this area grow.
#2224 MISICIU (Reed/Arends) Motion to approve the Purchase and Sale
Agreement with Rodney R. and Linda J. Parr, and authorize the Mayor to sign
the same, subject to City Policies & Procedures.
9A - RESOLUTION #2670. IN SUPPORT OF HOMEPORTING NUCLEAR
POWERED AIRCRAFT CARRIERS. #AB98-208
Resolution No. 2670 is provided to document, for the record, the community
support for the capability of homeporting additional carriers in Bremerton and
Everett. Similar endorsements are in the process of being obtained from Kitsap
County Regional Planning Council, the Governor's Office, and various other
community organizations. All statements of support will be presented at the EIS
Hearing on September 22, 1998, for the record.
Jim Adrian, stated he has worked with a number of community organizations to
try and put together a common position on this issue. He provided some
background on the plan of the Navy to replace nuclear carriers based
somewhere in the Pacific basin, where six different homeporting options were
looked at. The plan preferred by the Navy is Preferred Option #2, which calls for
three carriers in San Diego, one in Everett, zero in Pearl Harbor, and one in
Bremerton. The plan is to endorse the Navy's Preferred Option, with the proviso
that the Delta Pier be upgraded to provide the capability of two carriers, which
could include some dredging, and the same capability provided in Everett.
He pointed out that the paper will report tomorrow morning that the EIS Headng
scheduled for September 22, 1998 has been postponed, which will allow more
time for the community to endorse the Navy's Preferred Option #2, which
included homeporting one carrier in Bremerton.
Public comment - none.
President Farr stated that he is a member of the Kitsap Regional Coordinating
Council, and at their last meeting, a Resolution was passed in support of the
homeporting, but it was for two carriers. He questioned if the wording will need
to be changed. Mr. Adrian stated he would be calling the Staff Director for the
Kitsap Regional Coordinating Council to ask that the Resolution be amended at
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their next scheduled meeting to be consistent with the Resolution being
presented here tonight.
Mr. Overson complimented Mr. Adrian, and all others involved in this effort, and
felt their approach was correct in working with the Navy, watching what has
happened before, and seeing what is happening now. He stated this document
was an artfully written document and well done.
#2600 MISICIU (McConnell/Reed) Motion to pass Resolution No. 2670,
recommending that the Department of Navy provide the base infrastructure
capability to support the homeporting of two Nuclear Powered Aircraft Carders in
Bremerton at PSNS, and two at NAVSTA, Everett.
With no further business meeting adjourned at 6:53 P.M.
City of Bremerton
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