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HomeMy WebLinkAbout08/24/94TAPE #1230 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL APPROVED SEP 14 1994 AUGUST 24, 1994 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, August 24, 1994, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Morris Dawkins, John Law, Richard Neville, A1 Colvin, and Lon Overson. Council members David Farr and Bob Winters were absent. Also present were Assistant City Attorney James McNamara and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Reverend A.L. Baunsgard of Hillcrest Assembly of God. CONSENT RGENDA A. Minutes of Meeting - August 3, 1994 #AB94-180 #0016 M/S/C/U(Neville/Dawkins) to approve the Consent Agenda as presented. 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. #0035 M/S/C/U(Colvin/Neville) on August 24, 1994, the Council does approve for payment those vouchers included and further described as follows: 177872 through 177874, 177917 through 178096 in thetotal amount of $278,525.71; and Regular Payroll for the period ending 8- 15-94, in the amount of $594,608.99. President Huff-Menees announced anyone wishing to speak during Public Recognition are asked to fill out a card with their name, address and telephone number. She reminded everyone that the FYI opportunity for Public Service Announcements prior to Council meetings starts on Wednesday evenings with signs ins from 4:55 - 5:10 P.M., and announcements being televised from 5:10 - 5:30 P.M. COUNCIL MEMBER REPORTS Mr. Overson stated he was saddened by the fatal accident that happened in the Shipyard this morning and wished strength and understanding to those who have to adjust to the impacts and overcome them. Mr. Colvin announced the next District #1 Neighborhood coalition meeting will be held September 15, 7:00 P.M., at the Sheridan Park TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 2 of 14 Recreation Center. The program for that meeting will include candidates for elected offices and he is collecting questions from citizens that they would like answered by the incumbents or candidates vying for elected positions. Mrs. Huff-Menees stated the City has been treated to some wonderful events this year. She recognized Bremerton Main Street Association and the City's Parks Department for their efforts behind Concerts on the boardwalk, Jazz Festival and the up coming Black Berry Festival. MAYOR'S REPORT Mayor Lynn Horton thanked City staff who participated in KIDS DAY on Friday August 19, and the outside agencies who also set up displays. This event is a wonderful end-of-summer function and many people shared with her how much they appreciated the opportunity for the kids. She also agreed with President Huff- Menees that the community was given excellent entertainment over the past few weeks. On Tuesday, August 23, she had the opportunity to meet with Congressman Norm Dicks and to accompany'him on a housing tour of some of the housing stock in and around the City of Bremerton. People may have read Congressman Dick's criticism about Bremerton's housing stock and to some extent some of it may be deserved and some of it shouldn't be our sole responsibility since we are surroundedby County housing as well. During that tour, they also showed off new construction as well as housing developments that were older (40-years old) and had been upgraded and refurbished. she hopes Congressman Dicks was impressed with the tour. There are some areas that need to be looked at in terms of additional care and overall there are some smaller pocket areas that need some upgrades and we need to look at some abatements randomly throughout the City. She has already presented to Council a proposal for one half million dollar revolving loan fund to expand the abatement program and work is underway to bring a full technical proposal to Council. She sees the changes in the Housing Rehab Program and the Rental Rehab Program being of significant benefit in improving Bremerton's housing stock. We didn't get into this condition over night and it will take some time to get it back in better shape. Mayor Hotton extended a "farewell" to the Kure, Japan exchange students, who will be leaving on Thursday, August 25. PUBLIC RECOGNITION Bob Batten, Bremerton Central Lions Club/Chairman of the Sister City Exchange Program, stated this is the 25th anniversary of the Sister City Program and as part of that celebration a delegation of 30 members of a Lions Club from Kure, various Japanese businessmen TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 3 of 14 and junior members of the Kure Chamber Of Commerce visited Bremerton. During this past 25 years the City has sent students from the Bremerton area to Kure, Japan and they in turn sent students to Bremerton for an exchange of ideas, culture and fun. He introduced two of the 1994 Bremerton exchange students, who have recently returned - Laura Clarke and Mary Ann Brady. Laura Clarke reported she had a wonderful time in Kure. She study the Japanese language for four years and waited for this opportunity for a long time. She expressed her appreciation to all those who helped her get to Japan. MazTAnn Brady reported she also had a good time and learned a lot about Japanese culture, which she did not know a lot about prior to her visit. She was very impressed how she was welcomed in Japan and had lots of opportunities to speak english during her visit. Jack Lefcoski stated he has attended many Council District meetings and Neighborhood Information Network meetings where City staff members have been available to talk on a variety of issues. He has observed at times during those meetings the speakers outnumber those in the audience and that disturbed him. Kitsap Lake has a KitsapLake Community organization aside from District #1, covering the lake basin. This group held a meeting where 47 people signed the roster and 10-12 people didn't sign the roster. He recommended that all districts think about the concept that their area used in bringing this large a group together to discuss issues and concerns. He also recommends holding a Council district #9 meeting quarterly and present all their concerns to their Council representative. The group that met were so enthused over the turnout of citizens that they organized by electing officers, signed up to work on the mailing distribution and decided they want to meet on a monthly basis. He reminded everyone of the Transportation meeting on "City transportation" coming up on August 30, 7:00 P.M., in the Council Chambers. P. L. Knudsen, 3239 Rocky Point Road, stated her views on the City's action to place an issue of annexation of the Rocky Point area on the November Ballot. She was totally opposed to any' annexation efforts and appreciated the non-salaried work of their own elected Fire and Water District Commissioners. She emphasized the importance for Rocky Point residents to stay in the County to preserve their semi-rural life style, which includes home businesses and animals (like sheep, cows, horses, goats), to be able to burn their huge quantities of downed limbs, trees, brush and blackberries, and allowing their dogs to be unleashed and free to run on their owner's property. Many City controls, laws and taxes necessary for city density and services are not appropriate for semi-rural areas. They should not be asked to "bail" out Bremerton from their problems. Ms. Knudsen described how the County helped them get a walking/bike area along their road, helped TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 4 of 14 them retain and reopen their alternate exit and keep the roads in good repair. She did not like the way the Kitsap Way/Marine Drive intersection project ended up and felt that it created a much worse traffic backup. In reference to sewer services, she preferred that their area use septic tank systems after the big earthquake occurs. The seepage from Marine Drive and Rocky Point waterfront properties is far outweighed by the City's periodic sewage spills into Oyster Bay. The proposed election for annexation was not generated by the citizens of Rocky Point Road/West Phinney Bay Area and they do not appreciate the constant struggle or spending their limited money and energy trying to preserve the semi-rural life style they've worked long and hard to maintain. Don Atkinson, Bremerton Main Street Association, reflected on activities held on the boardwalk on Friday, August 19, starting with KIDS DAY followed by Concert on the boardwalk that was enjoyed by over 2,000 people. He pointed out even with such a large crowd of people at that event, there were no problems. The last act of that evening was a Russian mig fly-over shooting off fire works from its wings at 10:00 P.M.. Main Street will be setting up candidate forums on the Cable Access Channel as the Primary Election approaches. On the evening of September 12 7:00 - 8:30 P.M., the five candidates running for the District #3 County Commissioner position will be interviewed. On Tuesday, September 13 the candidates for Prosecuting Attorney and for the 23rd Legislative District will be interviewed. 7A - PENDERGAST REGIONAL SPORTS COMPLEX - PHASE I ALTERNATES TO BASE BID AND CONTRACT CHANGE ORDER NO. 1, #AB94-181 The base bid for the Pendergast Regional Sports Complex - Phase I was awarded in the amount of $1,182,777 by City Council to Kassel Construction, Inc. on July 13, 1994. In that same City Council action of July 13, 1994, it was recommended that alternates be added to the base bid amount. The alternates recommended for inclusion are Alternates 1, 3, and 7. Alternate I is for ball field No. 3 bleachers, benches, and backstops; Alternate 3 is for the completion of all-weather soccer fields No. 7 and 8; and Alternate 7 is to place concrete under ball fields. I, 2, and 3 seating complex in lieu of asphalt. These additive alternates total to an increase of $362,950 and Contract Change Order No. I is for drill and blasting and removal of rock from the ball field areas and placement of same at select locations. The Change Order provides for a unit price for drill and blasting and removal with a not-to-exceed amount of $45,000. Actual quantities of rock blasted and removed as measured in the field will be the basis of payment. Adding Alternates 1, 3, and 7, and Contract Changer Order No. i to TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 5 of 14 the base bid amount of $1,182,777 increases Kassel Construction, Inc.'s total contract amount to $1,590,727.. The bid amount of these alternates is shown on the attached Bid Opening List. Dan Miller, Project Manager, stated Alternatives 1, 3 and 7 have been endorsed by the Parks and Recreation Director. In reference to Change Order #1, the source of funds is a contingency that should cover the cost of the blasting. Public comment - none. Pat Harris, Director Of Parks And Recreating, thanked Dan for all his work on the project so far. The three alternates that are being recommended for inclusion in the contract are important elements and have been examined and discussed as to their value. It is believed that in the long term those improvements will add significant value to the park development and strongly urge Council's approval of this proposal as presented. Mayor Lynn Hotton stated one of the things the Director Of Public Works has articulated to her is his concern that currently the Utility owns the property of this construction site and the intention is the City will purchase it on a long-term basis. She anticipates bringing the issue of purchase of this site and projection for long-termpay off to Council in the not too distant future. Mr. Dawkins questioned if the project can keep on schedule considering the extra activity that has to be done? Mr. Miller stated the contractor has assured him that everything possible was being done to stay on schedule. Mr. Dawkins questioned how noisy will the rock blasting be and will it have any affect on the surrounding neighborhood? Mr. Miller explained the blasters handling this project for the contractor as a subcontractor has informed the residents in the area what is happening and there has been no opposition as of this date. The blaster also has seismic equipment set along the outer perimeter areas to gage the size of the blasts. He did observe one of the blasts and there was nothing more than a cloud of smoke resulting from it. Mr. Law questioned who is legally responsible if someone's "prize piece of crystal" is broken as a result of the blasts? Mr. Miller explained it would be the blaster's responsibility. Mr. Law referenced a letter from Creative Engineering Options in the Council Agenda packet, which was not part of the presentation made at the Fiscal and Budget Committee. He questioned if he just missed that piece of information at the committee meeting? Mr. Miller noted that letter was attached to the Change Order indicating the size and limits of the rock, as he saw it, in the field. That TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 6 of 14 piece of information was put together upon the Change Order being agreed upon. Mr. Law noted it would have been nice to have that information to review prior to making a decision. Mr. Colvin thanked Mr. Miller for keeping Council updated on this project. He asked the City Attorney if the City would be liable in the event someone's personal property was damaged during the blasting. Jim McNamara, Assistant City Attorney, stated Mr. Miller was correct... When the bid was put out to the contractors and subcontractors the City made sure they had liability insurance to cover any damage that might occur. Mr. Colvin questioned if the increase was something that could not be foreseen at the beginning of contract negotiations? Mr. Miller stated the need for the increase was known since January of this year when the rough grading was being done by the contributing contractors. At that time, the depth of the rock was not known, but there were some limits on it as identified in the geotechnical report. After determining that other heavy duty excavating equipment would not remove the rock, then the action to take is to bring in blasters, who have the insurance to cover that kind of work. From the onset of this project, their last alternative for removing the rock was blasting and that number could not be determined by the driller and blasters who came on site until they got into the actual work. They did talk in terms of cubic yards and what it would cost to remove the rock using those dimensions. He pointed out he is taking the rock material being blasted out and using them as select filling in the lower ball fields to stabilize the undeveloped slopes. Mr. Neville asked if Bruce Dees responded to the letter from Creative Engineering Options Inc., and still feels that the 'fields will drain propertyas he originally envisioned? Mr. Miller stated Mr. Dees has been on this construction site several times to review the situation and he was asked that question. Mr. Dees' response was he did not see any problems with drainage for the ball fields. Mr. Neville noted the base bid for construction was far under the estimated cost and questioned is that why Alternate 1, 3 and 7 are being proposed. Mr. Miller stated that was correct. Mr. Overson asked if the three alternatives being proposed use up the remainder of the funds? Mr. Miller stated. yes, but he still retains $80,460 in the contingency fund and he does anticipate additional change orders. Mr. Overson stated his perception was that Mr. Miller did not see having to blast the rock out as a major setback in time? Mr. Miller stated any setback due to blasting would be approximately 14 days, but he believed those 14 days could be picked up within the project time. Mr. Law asked if it would be appropriate to have in writing that Mr. Dees saw no problems with drainage? Mr. Miller stated he felt he could get that in writing from Mr. Dees. TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 7 of 14 #1572 M/S/C/U(Neville/Colvin) to authorize and direct the Mayor to include Alternates 1, 3, and 7 to Kassel Construction, Inc.'s base bid amount in the additive amount of $362,950 and approve Change Order No. I in the amount not-to-exceed $45,000, subject to City Administrative Policies and Procedures. 7B - WASTEWATER TREATMENT PLANT ODOR CONTROL PROJECT APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR VALUE ENGINEERING SERVICES, #AB94-182 A Professional Services Agreement has been negotiated with Parametrix, Inc. to provide a Value Engineering Analysis of the Basis of Design Report for the Wastewater Treatment Plant (WWTP) Odor Control project. A Value Engineering Analysis of the Basis of Design Report will review, evaluate, and critique the assumptions, test data, methods, and proposed actions in the report. The Value Engineering Analysis will provide a report with conclusions and recommendations. Parametrix, Inc. was ranked second on the WWTP Odor Control Project Consultant Evaluation. They are qualified to perform the Value Engineering Analysis. The amount of the Professional Services Agreement is $30,541. The action before the City Council is approval of the agreement. Eddv Chu, Public Works & Utilities Director, urged Council's approval of this item as presented. Mr. Walt Berschauer of Parametrix Inc., was present to answer any questions Council might have. Jack Lefcoskl questioned for the record, because of the last volumes of comments we had over the original construction of the sewer treatment plant, how many graduate Sanitation Engineers are on staff with Parametrix I~c., who have at least Master Degrees and how many professional licensed Engineers do they have in Sanitary Engineering? He pointed out this was not electrical problem or civil engineering problem, but a sanitary engineering problem and he wants to make sure they have the right people or they get the right people. Mr. Chu explained the proposal is for a 3-day meeting whereby the design team, R.W. Beck, would meet with the Value Engineering work group consisting of five persons from Parametrix team. During those three days an intense study and evaluation will be given to what is proposed by the design team . And, anything pertaining to cost cuttingor value added issues will be presented and discussed from a technical aspect with some counter proposal being made. At the end of that workshop, solutions or negotiations for solutions will be determined by the City. In reference to Mr. Lefcoski's concern about participants on the evaluation team, he included a list of TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 8 of 14 people who will make up that team, including a certified Value Engineer, Don Stafford, who is a sub-consultant of Parametrix. Mr. Chu personally worked with Mr. Stafford previously and who had performed a host of sanitary engineering projects with METRO. Also, Parametrix Inc., retained Robert Bowker of Bowker & Associates, who is known to be a national odor expert. The remainder members of that team include an Odor Analyst, Cost Estimator and Project Manager.' Mr. Colvin asked Mr. Chu what end product will the City receive so far as eliminating the odor at the wastewater treatment plant? Mr. Chu stated Value Engineering is a relatively new process for any complex engineering projects in the upward of one million dollars construction costs. The design community also recommends a Evaluating Engineering workshop be done along with the design and planning part. The purpose of the Value Engineering Analysis is to hire an independent consulting team to look into this project so that the design team does not lose focus or miss something in the planning. This Valuation Engineering workshop will provide a second angle to the project to critique the solution proposed by the design team, which provides a balance to make sure the design team has provided the best solution and the most cost effective approach. By September the design team should have a solution to the odor problem and at this critical milestone we want to know if the solutions chosen by the design team are the best "cutting edge". The City may want to have another workshop further down the road prior to the final design to make sure the vendors or the design layout is the best choice. Mr. Neville stated this is a 3-day Engineering Study and the documentation does list Parametrix Inc., team members as well as 1- 2 neighborhood citizens. He questioned if the citizen representation would be picked from the Wastewater Treatment Plant Community Citizens group? Mr. Chu explained about one month ago they held a "public involvement" meeting and at that meeting announced the City sought citizen participation. After that meeting he received 8-10 applicants to be involved along side the project team and he is now in the process of screening the applications and 2-3 citizens will be selected from those who applied. Mr. Law referenced the cost table "Estimated Direct Expenses", and questioned the figure of $13,764 for Bob Bowker. Mr. Chu explained that figure identifies Mr. Bowker's labor cost for this proposal. Walt Berschaur, Parametrix Inc., and Project Manager on this assignment, stated the first number shown is $5,728, which is the amount that ties in Mr. Bowker. The second item is the Value Engineering Leader in the amount of $13,764, who is responsible for putting together the final report along with directing the Value #2136 TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 9 of 14 Engineering assignment. The balance of that table show the expenses of individual .people assigned to the Parametrix team. Mr. Overson stated he believes this is modeled after two previous experiences where this concept was used that saved the City millions of dollars. Mr. Chu stated it is a common practice to save 5-10% of the construction costs when using this process. M/S/C/U(Neville/Colvin) to authorize and direct the Mayor to execute the attached Professional Services Agreement with Parametrix, Inc. in the amount of $30,541 to provide Value Engineering Services on the Wastewater Treatment Plant Odor Control Project. 7C - CONFIRMATION OF APPOINTMENT OF JOHN POPPE TO POSITION OF WASTEWATERMANAGER, #AB94-183 Recruitment of candidates for the position of Wastewater Manager was conducted in June. Eighteen applications were received and four of those were invited for personal interview on June 15, 1994. Candidates were evaluated by a panel consisting of: Bob Bruett, Metcalf and Eddy; Bill McKinney, Forestry Manager; Tim Richard, Senior Engineer; and Mary Blanchard, Benefits Specialist. The panel felt Mr..Poppe would make an excellent selection to fill the vacant position. Mr. Poppe is currently employed with the City of Edmonds as their Treatment Plant Supervisor. Previous to this, he has been employed with Olympus Terrace Sewer District, City of Bremerton, and CH2M HILL. Mr. Poppe has an AA Degree in Wastewater Technology and currently holds a Wastewater Distribution Manager level IV certification and a Wastewater Operator level IV certification. Eddy Chu, Public Works And Utilities Director, stated Council's approval for this position is due to the salary range request for Salary Rate #6, Step 4. Public comment - none. Mr. Neville asked if the position required an AA Degree and a Distribution Manager Level Board Certification and a Wastewater Operator IV Certification? And, what is the definition of a Operator IV Certification? Mr. Chu explained the classification the State Department Of Ecology mandates is based on the size of the treatment plant. The City's treatment plant is classified in Class III and IV. To meet that requirement, only one person with that classification needs to be at the plant. He noted the Class IV Certification is the highest there is and with that qualification a person could operate any treatment plant in the State of Washington. The City is asking for that classification in #2369 TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 10 of 14 order to satisfy the State requirement and in case it is necessary to operate the plant at that classification. The City's treatment plant operator also has a Class IV certification. The only thing required in the position description was a Level IV certification, however, Mr. Poppe has other certification, which is not critical to this position but nice to have. Mr. Colvin asked who is currently carrying out the duties of this position? Mr. Chu stated Bill McKinney is currently acting in that role and will return to "Forest Management" when this position is filled. Mr. Colvin asked if filling this position will save the City money in the future? Mr. Chu stated the purpose of filling this position is to make sure the sewer treatment plant is operating at optimum conditions and looking long termat preventive maintenance. He also wants someone who is well versed in State and Federal regulations relating to sewer treatment plant operation. M/S/C/U(Law/Colvin) to authorize a hiring step of Rate 6, Step 4 ($4,117/month) pursuant to the Management and Professional Staff Salary Plan BMC 2.50.032(a) for John Poppe, Wastewater Manager, effective date of employment will be set by City Administration. 8A - PUBLIC HEARING TO SURPLUS TWO PARCELS OF CITY UTILITY PROPERTY, #AB94-184 The Utility has two parcels it proposes to surplus. A seven acre parcel that has been included in the bio-solids disposal area, and a .3 acre parcel has been managed as forest use. No other City program has a foreseeable use for the properties. Both properties are under $25,000 and a minimum price is being based on a letter of opinion of value from the Engineer's office. The .3 acre parcel is valued at $8,000 which includes timber value. The seven acre parcel is valued at $20,000 based on a full appraisal completed in 1990 on an adjacent parcel and a recent purchase by the Port of Bremerton of this parcel. It is recommended that the City enter into a negotiated purchase and sale agreement with adjacent property owners on both parcels since neither has public access and adjacent owner is the only party who can utilize the property for its highest and best use. Recommended conditions of sale include annexation and pre- annexation zoning the seven acre parcel, and annexation of the abutting private owner's existing parcel to the City to avoid a split in jurisdiction for the one ownership upon sale of the .3 acre parcel. Kathleen McCluskey, City Clerk, stated the need to have two separate motions for each of the properties. TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 11 of 14 President Huff-Menees asked the "Appearance Of Fairness/Conflict Of Interest" guestion with all members of the Council being seated. Eddy Chu, Public Works And Utilities Director, stated he would address the .3 acre parcel first, identified as PARCEL A. The location of the site is across the street from Jarstad Park and next to the site where the Square Dance Club is situated. Mr. Christensen is the adjacent property owner. He emphasized the site is an odd shape, is sloped and is of no use to the Utility. Properties surrounding the subject site are currently being used for biosolids application. The subject site is landlocked and surrounded by only one party. He believed selling the site to the adjacent property owner was proper disposal of the property. Floyd L. Christensen stated he did not quite understand the "annexation condition" being imposed as part of the sale. Jim McNamara, Assistant City Attorney, explained one of the conditions of the sale the property would be that Mr. Christensen would agree to facilitate the annexation of this property into the City of Bremerton. Currently, the subject site is not within City limits. The condition for annexation would mean that Mr. Christensen would sign a Power Of Attorney by which the City would facilitate annexation of the property in the future. Mr. Chrlstensen stated not having received the letter Mr. McNamara referenced, did the annexation condition mean that when the City of Bremerton decides to annex that area he would not contest it or is the site City property the day he becomes owner? Mr. McNamara explained there is a process that must be completed in order'to annex the site into the City, but the Power Of Attorney would give Mr. Christensen's permission in advance of that action. President Huff-Menees requested Mr. McNamara provide a copy of the referenced letter to Mr. Christensen. Mr. McNamara stated it was his understanding the letter was mailed to Mr. Christensen on August 23. Mr. Colvin requested clarification of what the "Power Of Attorney" would give the City. Mr. McNamara explained the referenced "Power Of Attorney" would grant the City the power to include this limited authority as owner's consent to annexation of the property as part of any notice of intent or petition for annexation presented to the City. Mr. Dawkins questioned if someone wanted to build a 20-unit apartment house on the subject site, they could get the site rezoned through the City process? Mr. McNamara stated any fezone action on properties within the City would be subject to City approval. Mr. Overson requested clarification of the compensation the City is to receive for the .3 acre site. Mr. Chu explained the price #3067 TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 12 of 14 determination of $8,000 consists of the land based on the per acre calculations plus timber on top of the land value, minus some expenses that the City has, such as land surveying. Mr. Law asked if the subject property had been used for biosolids application? Mr. Chu stated no, however, the site was part of the committed area designated for biosolids application. Mr. Law asked was there any drainage from any biosolids? Mr. Chu stated no. Mr. Colvin questioned why wasn't this site put up for open bid on the open market? Mr. Chu explained the location of this property is surrounded by City Utility land and abutting the Christensen property only on one side. If anyone else purchased that site, there would be no access to it. Mr. Colvin invited Mr. Christensen to make further comment. Mr. Christensen stated this piece of property is located between his property and the Square Dance Club. Discussion of his purchasing the subject site .began when a tree fell on one of his vehicles. He believes that due to tree rot there are 12-24danger trees on the subject site. He would prefer dealing with the trees in terms of responsiblity for them than have to worry about them and was an area that he would like to see turned into a peaceful little walk-park. M/S/C/U(Neville/Colvin) approve surplusing and negotiated sale of .3 acres adjacent to 3991 Division Avenue West, Bremerton for $8,000 to abutting owner conditioned upon annexation of abutting owner's existing parcel and contribution of $3500 towards survey. Kathleen McCluskey stated Parcel #2 is the 7 acre parcel and the recommendation is to sell this parcel to the Port of Bremerton. Mr. Chu stated the subject site is identified as PARCEL B and is adjacent to the Jefferson property. Current and future planned use of the Utility lands adjacent to the above described parcel is biosolids/forest management. The above described parcel is a narrow seven acre "peninsula" of utility property that is bounded by private, Port of Bremerton and U.S. Navy ownership. The situation of the property is such that it is unmanageable for biosolids application due to buffer restrictions and would not lend itself to efficient forest management due to its location, size and topography. Timber cover of this parcel is 15-20 year old Douglas Fir. Based on the above, he recommended surplusing the subject site. Public comment - none. Mr. Law questioned for clarification if the subject site had been used for biosolids application and if so, would it present any drainage problems? Mr. Chu stated it had not been used for #3436 TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 13 of 14 biosolids ampliation and there was no drainage problem. Mr. Neville questioned for clarification the statement in the documentation that the Port of Bremerton wished the site to be zoned for Industrial Park use. Mr. McNamara stated the City was contacted by the Port of Bremerton requesting if they acquire the site that it be annexed into the City and that it be zoned compatible with industrial development. He understood that an issue of rezone on that site would be coming before the Planning Commission very soon following annexation. Mr. Neville asked if there were any future plans for any type of access into this site and might the Parks Departmentwant the site for park use? Mr. Chu stated this site has a steep bank on the west side and faces a railroad track and to the north is biosolids application with the east and south borders being Port of Bremerton land. The site is landlocked for access and the shape of the site is very narrow and long, which would not lend itself for use as park property. The Utility's recommendation is to let the Port of Bremerton purchase the site, which allows them to square off their property line. Mr. Neville stated that was one person's opinion...he could instantly see the possibility of using the site as a BMX track for youth. Mr. Nev~11e questioned for clarification the compensation to be received for this site? Mr. McNamara explained the actual price offered and contemplated by the seller and purchaser was $23,800, but the value of the timber on the site ($3,500) was inadvertently subtracted so the actual purchase price would be $23,800. Mr. Overson questioned on the City's surplusing and annexation policies is it legal for Council to designate the site as Industrial Park? He questioned if the action taking this site before the Planning Commission was to zone it Industrial Park? Mr. McNamara stated he could not say that with certainty, however, it is a condition listed in the sales agreement. Mr. Overson stated if the rezone is not approved, does that nullify the sales agreement? Mr. McNamara stated yes. Mr. Overson stated then nothing in acton taken by Council at this time sets the zoning for the subject site as Industrial Park. Mr. McNamara stated Mr. Overson is correct and Council is not compelled in any way with regard to the zoning, but merely authorizing the surplusing of the site subject to a contingency. M/S/C/U(Neville/Dawkins) to approve surplusing and negotiated sale of seven acre parcel adjacent to Port of Bremerton Industrial Park for $23,800 to Port of Bremerton conditioned on annexation into the City of Bremerton with pre-annexation zoning for industrial park use. TAPE #1230 City Council Reg. Mtg. Minutes August 24, 1994 Page 14 of 14 With no further business meeting adjourned at 7:13 P.M.. KATHLEE~ L. McCLUSKEY, Ci~~Clerk SHERRIL~UFF-MENEES, ~ci~ cc: Normal Distribution File/Vault