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HomeMy WebLinkAbout07/13/94TAPE #1217 UNAPPROVED DRAFT APPROVED JUL '7 199 CITY COUNCIL MEETING MINUTES JULY 13, 1994 #0010 #0027 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, July 13, 1994, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Morrie Dawkins, Bob Winters, John Law, David Farr, Richard Neville, A1 Colvin and Eileen Fitz. Councilman Lon Overson was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Councilman A1 Colvin. CONSENT ~GENDA A. Minutes of Meeting -- June 29, 1994 #AB94-148 M/S/C/U(Fitz/Neville) to approve the Consent Agenda as presented. CLAIM8/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 that had been made available to the Council. M/S/C/U(Colvin/Fitz) on July 13, 1994, the Council does approve for payment those vouchers included and further described as follows: 176907 through 176912 in the amount of $43,485.21. President Huff-Menees announced a Council Study Session will be held immediately following the City Council meeting and the topic to be discussed will be: "Marketing of Foot Ferry Bremerton/Keyport/Poulsbo" - Earl Smith, Economic Development Council presenter. COUNCIL MEMBER REPORTS Mr. Neville reported at the previous Council meeting Mr. Overson alluded to the Safeway Store on Callow and llth Street would be closing earlier than previously expected. He wanted the public to be aware that information was correct and the last day of business for the current store facility will be July 23. On that date, the store will hold a Customer Appreciation Day, which will include a special fund raising event (Murrel Carpenter Memorial Fund) for the TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 2 of 14 Warren Avenue PeeWee organization. A dunk tank will be part of that event and Mayor Horton has graciously accepted being placed in the dunk tank and he challenged his fellow Council members to volunteer their time in the dunk tank as well. He especially encouraged Council members located within the Warren Avenue PeeWee District (Farr, Huff-Menees, Overson, Neville, Fitz), to join in this fun and worthwhile event. Other City officials will also be asked to volunteer for the fund raising event. Mr. Farr stated two weeks ago Mary Sump, of District #6, expressed her desire to get the City to acquire a piece of property in her neighborhood for a park. Following up on that, Mrs. Sump is holding a meeting at her home the week of July 18th and he and Mayor Horton have agreed to attend. He believes Mrs. Sump's proposal is a worthwhile cause and she is putting a lot of effort into pursuing some kind of recreation/park area nearer to her neighborhood for children in that area. If anyone desires more information, they may call Mr. Farr or the City Council office. Also, this is an excellent opportunity for a landowner who may have some property in that area and is looking for a good tax break and would like to donate the property to a worthwhile cause. Lastly, he extended a special "welcome" to his daughter and her family, who are visiting from North Dakota. Mr. Law extended a special "welcome" to Captain Barbara Mensic, new Commanding Officer of the Naval Hospital and wished "farewell and fair winds and following sea" to Captain Richard Mayo, who is being transferred to Washington, D.C. The next District #3 Neighborhood meeting will be held July 19, 1994, 7:00 P.M., at the Senior Center on Nipsic Avenue. The program for that meeting will include Bremerton Fire Department Puppet Show For Fire Safety, Fire Truck and Medic I Vehicle on display, Home Sprinkler Demo, Fire Extinguisher Demo. Popcorn, pop, balloons and trading cards will be given out. Mr. Dawklns announced on August 3 and 4th, the City will be hosting a delegation from Kure, Japan as part of the Sister City program. Additional information on the activities for those dates can be obtained from the City Council Office. Mr. Colvin reported several members of Council District #1 are currently conducting a Voter Registration campaign and promoting Absentee Ballots. District #1 is the third highest district for registered voters and they would like to become #1. Voter Registration is being conducted at local stores. District #1 will hold a Neighborhood meeting on September 15, which will include a program that includes political candidates. He is accepting questions or concerns starting now from constituents and they will TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 3 of 14 be responded to at the September 15 meeting. Mr. Winters welcomed his wife, son and niece Christie, who were in the Council meeting audience. He thanked all the individuals and organizations involved with the Multicultural event that took place on the waterfront on July 10. He donated the use of his Karioke equipment for that event and the only downside from that event was his getting too much sun. He appreciated all the fine food, entertainment and felt it was a great multi-cultural event. He congratulated Mr. and Mrs. Kim, who just held their grand opening of Yak's Teriyaki Deli located on Kitsap Way. The Neighborhood Network Information meeting for Council Districts #7, #8, and #9, will be held on Monday, July 18, at the Fire Station located on Kitsap Way. Mrs. Huff-Menees extended her congratulations to the organizers of Summerfest '94 that took place on July 9 and 10. She was unable to attend the Saturday evening performances, but she did go to the boardwalk on Sunday and enjoyed the festivities. Applications for the soon to be vacated Council District #8 position will be accepted through August 10 and interviews conducted on August 22. Anyone wishing more information is encouraged to contact the City Council office. On July 11, she participated in a tour of several projects that are sponsored and managed through the Catholic Community Services Division of the Archdiocesan Housing Authority. The Archdiocesan Housing Authority is looking to renovate the Elks Building, located on 5th and Pacific Avenue, into low income housing. She and other members of the touring group were very impressed with the projects they viewed...the design, level' of management, kinds of residents,-etc. She felt very encouraged and enthused about the proposed project planned for Bremerton by the Archdiocesan organization. MAYOR'8 REPORT Mayor Hotton reported she also attended Summerfest '94, which she found to be a wonderful event. On Saturday evening, she and her husband, along with Council President Huff-Menees and her husband had the pleasure of dining aboard the USS Bremerton. The first USS Bremerton was named as the result of a Savings Bond contest between Mare Island, California and Bremerton. On Sunday, July 10th the Navy League, Bremerton Area Chamber Of Commerce and the City sponsored a picnic. at Evergreen Park for the ships crew. On this date, she attended a welcome for the Department Of Labor and Industries and Liquor Control Board, who recently moved their offices to the Washington Mutual Building. She was pleased to see people locating in the downtown area and the employees within those agencies seemed to be pleased with their relocation. She was TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 4 of 14 pleased to report today demolition actions were underway removing the burned out Shore Inn on Kitsap Way, which was on the City's abatement list. She will include an "abatement-of-the week" as part of her Mayor's report at Council each week. On Tuesday, July 12, she had the opportunity to meet with the Bremerton Youth Council and discuss some ideas they are interested in and created a Mission Statement. She introduced J. R. Bachand, Interim President of the Youth Council. J. R. Bachand read the following Mission Statement: "We the youth representing the City of Bremerton intend to: Advise, Encourage, Inform, Express Opinions, Promote, Support, Mentor And Communicate in order to ensure the welfare of our youth. Now, therefore, we have come together to form the Bremerton Youth Council". J. R. stated after developing the Mission Statement, they held an interesting discussion on current issues and will be meeting again in two weeks. He encouraged any youth interested in being part of the Youth Council to attend their next meeting. One of the things people in the community need to know is that the youth and adults must work cooperatively together in order to achieve a better relationship. Mayor Horton stated again she was impressed with the quality and caliber of comments the youth shared during their meeting and some of the issues they want to address will be of interest to the Council. She encouraged Council members to attend the Youth Council meetings and she believed they would be equally as impressed as she was with these young people. So much negative press is given about young people in gangs and their involvement with drugs, which she believes is the minority of youth. It is unfortunate that we don't hear more opportunities for the good kids to shine. She thanked The Sun for the wonderful article they published on the Youth Council. Mayor Horton reported The Downtown Task Force published a newspaper entitled "THE BREMERTON GOOD NEWS- Downtown and Waterfront News For The City Of Bremerton". This publication will be distributed throughout Bremerton and the Kitsap area. PUBLIC RECOGNITION Jack Lefcoski stated for some unknown reason he has become the Kitsap Lake spokesman and he is the person who provides maintenance attention to the dam on Kitsap Lake. He complimented the Parks Department on their quick response in assisting him in getting a broken dock away from the dam area and realigning the buoys on the lake in response to a citizen's call alerting him that they were out-of-alignment. Lastly, he believes the speed limit on the Kitsap lake needs to be reduced from 45 MPH to 35 MPH, which would reduce noise on the lake as well as providing a more safe environment on the lake for boats, water skiers and swimmers. Lenny Meder, Executive Director of the Ethnic Unity Coalition and TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 5 of 14 lead organizer of Summerfest '94, expressed thanks for the support and participation of so many people in attending Summerfest '94. Kathr3Fn Irvie, Boardwalk Committee Chairman, thanked Mayor Horton for her support of Summerfest '94, Councilman Winters for donating the use of his Karioke equipment and Parks and Recreation Department along with Olympic College for their involvement with the childtens booth. She expressed thanks to all the local entertainers and everyone who just came to enjoy the event. Linda King, 774 NE Pinecrest Drive, and her supporters: Adrian, D.J., David, Eric, stated she has lived in Bremerton for approximately six years and expressed the following concerns: (1) lack of a Boys and Girls Club. When boys and girls reach the age of 13 there is no place for them to "hang out"; (2) fear that her sewer bill will be as much or more than her retirement check when she retires in ten years; (3) upset about the new construction going on in east Bremerton and the impact it is making on traffic along the Wheaton Way corridor; (4) TCI Cable has refused to put Black Entertainment (BET) TV Network in their line up programming. In this area, all other cable companies carry BET and there is no radio station that plays exclusive soul music or what is happening in the black community. Many of the "role models" on TV today are not what she wants her children to emulate and she would like a broader selection from multi-cultural programs. She emphasized she was speaking on her own behalf and she believes the people of color living in Bremerton do want a choice. Kal Leitchman stated he believed safe streets should include reduction of crime but it should also include pedestrian safety when crossing streets. He noted at the intersection of Gregory Way and High Avenue there was a near fatality and then a fatality before any traffic controls were put up. Last January, he called the Council's attention to a blind man almost being hit by a van at the intersection of. High and Burwell. The City Engineer Randy Witt, spoke to him at that meeting and stated Mr. Leitchman would be hearing back from him on this issue. About two weeks later Dan Eisses from the Engineering Department contacted him about his concerns and that Mr. Eisses would get back to him later, which has never happened. He has talked with experts on pedestrian safety and as far as marked crosswalks are concerned, that is a controversial subject. He referenced a letter from Harbor View Injury Prevention and Research Center, dated July 8, 1994, that stated even though there was better compliance with vehicle drivers for people crossing at crosswalks, it is not clear that a real safety benefit has been achieve even after heavy enforcement by Police Officers. The letter also contained ways for pedestrians to be assisted and Mr. Leitchman read the following: "In conclusion, it is appropriate to restate that marked crosswalks will continue TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 6 of 14 to be useful traffic control device, but it is important that the general public recognize what marked crosswalks can and cannot do. It is also important that public officials not install them unless the anticipated benefits clearly outweigh the risk discussed in this report". Lastly, he referenced a newly published book entitled "Tainted Truth" by Cynthia Crowson, a respected Wall Street Journalist. Don Atkinson, Bremerton Main Street Association, reminded everyone that Concerts On The boardwalk start on Friday, July 15, 6:00- 8:00 P.M., and the Sunday Market vendors will be open at 4:00 P.M. that same evening. He was pleased to report that the Farmers' Market insurance problem has been resolved in a positive manner. He appreciated all those who attended the "welcoming" event held for the Department Of Labor and Industries and Liquor Control Board. Mayor Horton stated in response to Mr. Leitchman's comments, a week ago she held a Traffic Safety Committee meeting where they discussed sidewalks and issues relating to Lebo Blvd. She anticipates presenting the Committee's findings to the City Council during a Study Session. She stressed it is not an easy subject and there are policy issue decisions Council will most likely have to make and there are some financial issues that will need to be resolved. She did not want Councilor the public to think that the City was taking just one stand on this point...there are some options besides painting crosswalks, such as public education programs, traffic safety applications, Police emphasis patrols. The City of Seattle has undertaken enforcing stringent laws for vehicles that do not stop for pedestrians. She welcomed Mr. Leitchman's attendance at that Study Session when it is scheduled within the next couple of months. She agreed with the Engineers that people do let their guard down when they are in crosswalks, but it is also an issue that they want crosswalks, so how do we balance one off the other and how do we do it right for our community. Mr. Leitchman stated he reported a licenseplate number to 911 for a vehicle that almost ran him over at High and BuNell. A Police Officer called him and told him that there was nothing he could do for Mr. Leitchman. Mr. Leitchman believes the state law is "flaky" on this issue. Gordv Byrd stated he can relate to the problems pedestrians experience when trying to cross streets in crosswalks. He was upset over his being notified that his rent will be $1,170 rather than $70.00 per month due to his not complying with the rules and regulations by bringing in his financial statement. If he had received the letter from the Bremerton Housing Authority in the first place, he would have provided them the necessary information. He believed that someone wrote a letter to him, made a file copy, TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 7 of 14 but never mailed him the original letter. Don Larson, President Washington Scuba Alliance, he received work that the educational marine interpretive signs ordered by the City are about ready to be shipped out. If the new signs can be protected from the sun they will last longer. There will also be paper backups so in time when the signs do wear out new ones can be ordered. He received a call from a member of the Puget Sound Keeper Alliance, who is cutting some cedar poles on his property, offering some poles for mounting the signs. He passed that information on to the State Parks Maintenance Shop and they stated they can make 20 kiosk signs out of stock lumber in a day as opposed one out of rough lumber. But, if the City wants the rough lumber that is something they could consider. Gordy Byrd announced for Shannon Cook that Harrison Hospital Auxiliary is sponsoring a class on "How To Start An Exercise Program" July 20, 7:00 -8:00 P.M., at the Kitsap Regional Library, 1301 Sylvan Way. 7A - BID AWARD RECOMMENDATION - PENDERGAST REGIONAL 8PORTS COMPLEX. PHASE I; KASSEL CONSTRUCTION, INC., #AB94-149 Bids were opened for the Pendergast RegionalSports Complex - Phase I on June 29, 1994. Six (6) bids were received for Phase I of this project (see attached Bid Opening List). The low bidder is Kassel Construction, Inc. regardless of which alternates were chosen. The recommendation before City Council is approval of the base bid contract with Kassel Construction for a total of $1,182,777.00. Alternates not included in this recommendation at this time, but are recommended for inclusion are Alternate Nos. 1, 3, and 7. Alternate No. 4 "Entrance Road and Parking Lot" is not included in this recommendation as City staff would like more time to explore other options. The bid amount for this alternate is also shown on the Budget Summary Sheet as this work does need to be completed in Phase I. According to the Contract Documents "Forms of Bid", page 3, "Reinstatement of Alternate", the undersigned agrees the Owner has the right to reinstate, at the bid price, an Alternate Bid incorporated into the contract, if the owner so notifies him within sixty (60) days after the Notice to Proceed". Pat Harris, Director of Parks and Recreation, stated staff is recommending Council approve the base bid with Kassel Construction. Included in the backup documentation was a list of projects that this construction firm has been involved with. He personally serves on the Kirkland Parks Board and is very familiar with two of the listed projects: (1) Juanira Bay Park; (2) Everest Park Facilities Improvements. In both of those projects the contractor did an excellent job. Because of the size and nature of Pendergarst TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 8 of 14 #2129 Regional Park, he believes having a very qualified contractor that is familiar with large scale construction is paramount. Mrs. Fits questioned the estimated cost of construction as determined by the City and how it compared with the 'actual bid amount? Mr. Harris stated initially Bruce Dees, consultant on this project, estimated the base bid at a slightly higher amount than the recommended bid. Dan Miller, Public Works and Utilities Project Manager, stated the project estimate was 1.5 million dollars. and due to the fact there was in kind work contributed up front to the Pendergast project the base bid came in at 1,182 million dollars. The in kind services were provided by Ace Paving - clearing and grubbing of 49 acres; Brem-Air (also known as KCSL) - $100,000+ by providing huge earth moving equipment; and Belfair Sand and Gravel. Mrs. Fits stated it is such a significant thing when members of the community take on this kind of a project and save the City money. Mr. Miller stated he believed as more people see what is happening at the site they will want to contribute as well. Mr. Law asked if there was a target date for throwing out the "first ball"? Mr. Miller stated he would like to see the first ball thrown in early summer of 1995...possibly late May/Memorial Day weekend. M/S/C/U(Neville/Dawkins) to authorize and direct the Mayor to execute the contract for the construction of. Pendergast Regional Sports Complex, Phase I with Kassel Construction, Inc. for the base bid in the amount of $1,182,777.00, subject to City Administrative Policies and Procedures. Mayor Horton introduced Kitsap County Commissioner Matt Ryan. Matt Ryan stated he was pleased to be present at this momentous time and it is another step toward having a well rounded community and County. He found it interesting, when he attended a Puget Sound regional meeting, that their commons did not have a ball field and he congratulated Bremerton for thinking about the people. Mr. Neville expressed Council's appreciation for the County's donation and look forward to their support on into the future on Phase II and III of this project. 7B - BID AWARD - OLD SALVATION ARMY BUILDING DEMOLITION, #AB94-150 Bids to demolish the old Salvation Army building located on the corner of 2nd Street and Washington Avenue were opened on Monday, July 11, 1994. Three bids were opened, with Olympic Construction being the low bid at $36,711.00. This Agenda Bill is being TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 9 of 14 presented early in an effort to accommodate the Bremer Trust with their tank removal process. Complete bid information will be available at the Study Session and the City Council meeting. Dan ~isses, Senior Engineer, pointed out the Bremer Trust removed a fuel tank on the site, found some contamination and are in a hurry to get it cleaned up. Getting the building down will be a stepping stone for them. He stressed that a Budget Adjustment is necessary and the reason for that is when the budget was put together in 1993, there was a number "pulled out of the hat" for cost of demolition. The cost estimate shown to Council by City Engineer Randy Witt approximately two months ago was a detailed cost estimate and was the number used for the budget. The bids did come in well enough that removal of the foundation walls could be included in the scope of work. It is his recommendation that all foundation walls be removed. Mr. Farr stated he was pleased to see the way the numbers turned out so that Mr. Eisses recommendation ended up as Alternate #2. When this issue came up previously, Council was given two alternates, one being removal of the building and leave lower part of the foundation and have the exit into and out of the parking on to Washington Avenue with a 10 foot wall remaining at the water side of the building. He viewed retention of that wall an eyesore and safety hazard. He has been slightly involved with the downtown renovation group and this is key in starting the improvement of appearance in that area since the building will not be refurbished. Mr. Eisses stated the Engineering Department also supported removing the wall and foundation. Olympic Construction is a local contractor and early indicators are they will be on site earlier than originally anticipated. Mr. Law questioned if the Engineering Department was completely comfortable that the foundation to the south, for the Museum Building, will not be affected by the demolition? Mr. ~isses stated from all indications the Museum building is a separate building. However, part of the contract documents asks the contractor for a safety plan for what is planned and the City will be meeting with the adjoining building owner prior to starting the actual demolition. And, a video tape of the building will be made to follow the progress of the demolition project. Mr. Meville stated he felt it should be noted that the funds to do the demolition are coming from the Roosevelt Capital Asset Fund. He has been extremely cautious about spending any of those funds and he was leery spending the extra funds needed to remove the foundation/wall, but because the bid came in at an amount that could include their removal, he could support the proposal as TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 10 of 14 #2516 #2559 presented. The replacement of these funds will take time, but it will be repaid and available for future needs in replacing Roosevelt Field for the youth in the community. President Huff-Menees stated she feels this is a significant milestone in terms of the continued waterfront development and downtown revitalization. Mr. Winters stated in the beginning he had felt the wall and the expense of its removal had been a deciding factor. He thanked those involved with the Bremer Trust for coming through and helping the City demolish that for the health and safety of the public. Public comment - none. M/S/C/U(Fitz/Farr) that the City Council authorize the Mayor to sign the contract with Olympic Construction to demolish the old Salvation Army Building including the footings (Alternate #2) and adjust budget as necessary. 8A - ORDINANCE NO. 4476 (SECOND READING) AMENDMENTS TO CRITICAL LANDS ORDINANCE, (BMC 21.22) WETLANDS REGULATIONS, #AB94-144 Public comment - none. M/S/C/U(Fitz/Colvin) to pass Ordinance No. 4476 on second reading, amending the Critical Lands Ordinance with regard to Wetlands Regulations and amending Chapter 21.22 of the Bremerton Municipal Code. 8B - ORDINANCE NO. 4475 (SECOND READING) ESTABLISHIN~ PROCEDURE8 FOR REAL PROPERTY TRANSACTIONS, #AB94-145 Ian 8ievers, City Attorney, presented a recommended change to the ordinance whereby a third process for disposing of property once it has been declared surplus: Adding to BMC Section 2.78.030 (c) Broker Listing - Where the Council finds as part of its surplus efforts to realize the maximum price. and that these efforts can most economically be provided bv a broker rather than City staff. Council may approve a listing agreement in lieu of sealed bids; Provided, That any agreement shall include a minimum value and minimum notice under subsections (a) and (b)'above". The Broker Listing process does have value to the City in certain instances to allow the City to achieve its highest price for the property. Such as, where there are perhaps extensive conditions on sale imposed by Council as part of their discussion/decision or where the property is very valuable and a potential buyer may not be in the west Puget Sound area and that may require more extensive marketing effort than a simple notification process contained in the Bid procedure. He pointed out the Broker Listing procedure is not less, but rather TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 11 of 14 more procedure that the Bid process. All of the essential elements in the minimum times for listing in the bid process must be complied with by the Broker. In addition, the valuation process that is in the ordinance must be complied with as far as extent of appraisals. Mr. Colvin asked since the recommended change was not' part of the first reading of the ordinance, how will that impact the validity of the second reading? Mr. Sievers stated it doesn't... the Charter requires two readings and changes during either first or second reading can be made by the Council without requiring additional hearings. The recommended change was presented in writing prior to Council's deliberations on this issue. Mr. Farr asked for a brief summarization how, using the Broker Listing type functions, the base listing price is derived? Mr. Sievers explained the base listing price is required to be set by the City Council when it surpluses and determines how the property will be disposed of. The City does not want to go to an excessive amount of expense on low valued properties in determining the minimum price. In Part A, which is again referenced in the new section where the estimated value of the price is less than $25,000 we can derive the value from a limited opinion of value; between $25,000- $100,000 a short form appraisal report will be used; and over $100,000 a full narrative appraisal report will be required. also, the valuation, by what ever technique is used, must be current (within the last six months). Mr. Colvin asked Mr. Sievers to describe the benefits to the City as a result of his proposed amendment. Mr. Sievers stated the bid process sets forth an open and fair process. It puts notice out in the form of posting the property and at City Hall and requires a certain level of advertising in the local newspaper. But, for a very'unique and expensive property they often stay on the market for more than the minimum four weeks and perhaps has to reach out beyond the immediate community to find the buyer who can meet conditions to develop the property and pay the fair market value. Council can go beyond the bid requirement and allow a listing to be advertised for two months, however, there is a lot of marketing effort that can't be done by staff and would be more advantageous to the City to list the property with a Broker, who would handle that segment. Mrs. Fits pointed out a correction changing "Bremerton Sun" to "The Sun on page 2 of the ordinance. Jack Lefcoski questioned the difference between this proposal and what the City has been doing currently and how did this scheme come TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 12 of 14 #3018 up?. Mr. Sievers explained the City does have a policy, which is very short, has some unnecessary steps and also limits Council's options where he felt there should be more flexibility because there is a lot of interest of the City that can be served by that flexibility. The current policy requires an urgent and compelling need to do anything other than a simple bid process. One of the purposes of this policy is to take into account more circumstances and give the Council more flexibility in making decisions on surplusing property. Mrs. Fit~ pointed out to Mr. Lefcoski that Mayor Horton has a list of all City owned properties and she intends to bring before Council a number of them for surplusing so they can be placed back on the tax rolls. Public comment - none. M/S/C/U(Law/Colvin) to pass Ordinance No. 4475, including the amendment recommended by the City Attorney and correction noted by Councilman Fitz, on second reading, establishing procedures for processing real property transactions including sale of surplus property and acquisition of property for municipal purposes; and repealing Administrative Policy 1-6. Vote on motion: In Favor: Winters,' Neville, Farr, Law, Fitz, Huff-Menees, Dawkins, Colvin 8C - ORDINANCE (FIRST READING) ASSUMING JURISDICTION OF ROCKY POINT WATER DISTRICT IN KITSAP-CORBETT ANNEXATION AREA, #AB94-151 The City may, by ordinance, assume jurisdiction of a water districts responsibilities, property, and facilities within the corporate limits of the City when assumption is less than 60% of the district's area and assessed value. The recent Kitsap-Corbett annexation area included some properties within the Rocky Point Water District which comprised approximately 5% of the assessed valuation and 7% of the area of the water district. Facilities located within the City designed to serve the district must be maintained to serve the district for the useful life of the facilities at a reasonable rate. Pursuant to a 1962 agreement with the Rocky Point Water District, the City currently owns the water infrastructure within the annexation area. These facilities are relatively new and are adequately sized compared to the infrastructure in the remainder of the Water District. Many of the properties in the annexation area which were in the Water District were served directly from mains located within the City since the former City-County Boundary was TAPE #1217 City Council Reg. Mtg. Minutes July 13, 1994 Page 13 of 14 located on the north side of Kitsap Way, Marine Drive, and Rocky Point Road. It is equitable to these owners, therefore, to remove them from future improvement levies of the District and include them within the jurisdiction of the City's Water Utility. Ian Sievers, City Attorney, pointed out if Council had technical questions Tim Richards was available to respond. Mr. Law stated this item was covered extensively in Council Committees and in effect is a housekeeping item. Public comment - none. TAPE #1218 #0004 M/S/C(Law/Fitz) to approve ordinance, on first reading, assuming jurisdiction of responsibilities of the Rocky Point Water District within the Kitsap-Corbet annexation area. Vote on motion: Motion carried. In Favor: Winters, Neville, Farr, Law, Fitz, Huff-Menees Abstain: Dawkins, Colvin 8D - RESOLUTION NO. 2475, SETTING HEARING DATE OF AUGUST 3, 1994, REGARDING CLOSURE OF MONTGOMERY AVENUE AT llTH STREET, #AB94-152 On March 4, 1994, the Engineering Department received a petition from the residents on the east side of North Montgomery Avenue between 9th Street and llth Street, requesting closure of North MontgomeryAvenue at llth Street (see copy attached). Engineering has checked the petition and 80% (8 out of 10) of the signatures are the registered owners. The action before the City Council is to set a hearing date of August 3, 1994 regarding the requested closure. Dan Eisses,'Senior Engineer, stated for clarification he feels this issue is separate from the construction of the new Safeway store. Currently, Safeway Store customers have an access out on to Montgomery Avenue, however, with construction of the new building there will be no access from that store, except the truck entrance at 9th street. The idea of the closure did come out of discussion of the Safeway Store project with the surrounding neighbors. Mr. Farr asked for a brief discussion on why the residents in that area want the street closed? Mr. Eisses stated the people he spoke with during the public hearing on the Safeway Store project were saying there is too much traffic on Montgomery and that it is a narrow street with parking allowed only on one side. Mayor Hotton #0200 TAPE #1218 City Council Reg. Mtg. Minutes July 13, 1994 Page 14 of 14 questioned if this type of discussion should be held until the public hearing? Ian Sieve:s, City Attorney, stated that issue was raised in Council Committee - this is not a quasi-judicial hearing where Council needs to limit the testimony on the merits of that public hearing. This is a discretionary petition received from citizens and more akin to the 10% notice on an annexation where Council can decide whether or not they want to go forward at all and cut it off preliminary or set up the public hearing. He felt some discussion along that line is appropriate. Mr. Eis~es also noted there have been several "side-swipe" accidents' on that street, which is a concern to the residents. Jack Lefcoski asked if the street is closed will Safeway be able to buy the area? President Huff-Menees pointed out such questions would be appropriate to raise during the public hearing. Roy McInnis urged Council to approve setting the hearing date. His main concern is the amount of traffic on that section of Montgomery Avenue and the issue of safety when people turn left off of llth Street onto Montgomery without the benefit of a turn lane. M/S/C/U(Fitz/Colvin) to approve Resolution No. 2475 setting a hearing date of August 3, 1994, regarding closure of Montgomery Avenue at llth Street. With no further business meeting adjourned at 7;10 P.M. KATHLEEN L. McCLUSKEY, City Clerk City of B~on KLM/SH-M/me cc: Normal Distribution File/Vault President