HomeMy WebLinkAbout03/04/92 TAPE #1000 UNAPPROVED DRAFT ~~
CITY COUNCIL MEETING MINUTES
MAR
MARCH 4, 199Z
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, March 4, at
5:30 p.m., with Council President Lynn Horton presiding.
Council members present: Lon Overson, Wayne Estes, Eileen
Fitz, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1
Colvin. Councilman Russ Johnson 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 Horton and Invocation given by Frank
Washburn of Kings West School.
President Horton announced Council would hold a Study Session
immediately following the City Council meeting to discuss
funding for the Overwater Park.
CONSENT AGENDA - None.
CLAIMS/WARR]%NT 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.
#0047 M/S/C/U(Colvin/Estes) on March 4, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 145213, 145569 through 145739 in the
total amount of $502,164.86, and Retirees Payroll for the
period ending February 29, 1992, in the total amount of
$62,909.10.
COUNCIL MEMBER REPORTS
Mr. Overson stated hopeful the audio for the Council meeting
will be better this week than it was last week. He attended
a meeting Monday, March 2, about bridges and their impact on
the area. Council's input at that meeting was to bring the
meeting to Bremerton because it is a "hub" of the
transportation area and the officials and residents of
Bremerton need to review and comment on such a presentation.
On Tuesday, March 3, he had the opportunity to accompany Don
Pratt, Director of Community Development, who made a
presentation in the Manette area on Growth Management and its
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impact on the Manette area as well as the downtown. This
program was well received and Mr. Pratt did an excellent job
presenting information and answering questions.
Mr. Estes reported he also attended the Transportation
Department's meeting on Monday and found the new Cross-Sound
Study to have a lot of weak points. He suggested the public
review that study and contact their legislators as soon as
possible with their response. He noted one statement in the
study referenced "removing the YMCA building"...that was done
three years ago! Also, Bremerton was the only location where
ferry was to be deleted. The issue of parking was not
addressed or the back up of traffic waiting for ferry service.
Also, they had no idea of the impact of sending a large number
of vehicles into West Seattle or some other place all at
once...they are already congested in those areas. The cost of
this study amounted to well over one million dollars and the
fi~m contracted to provided it is based in California. He
felt the report was "slip shod" and designated to determine if
they could put bridges in and not so much the idea of having
Ferry transportation.
Mrs. Fitz stated she also attended the Transportation
Department meeting on March 2. She felt it was very important
for people in the Kitsap County area to attend the next
scheduled meeting on Bainbridge Island. If this study is
adopted, either in part or certain segments, it has far
reaching implications for the County and the people who
commute to the east side of the Sound. She noted additional
hearings on the study will be held at Edmonds and Burien.
Mr. Waibel reported he attended the Kitsap County Regional
Council meeting this date. During the Board of Health meeting
they received an update on HIV-Aids activity in the County.
There have been 62 accumulative cases of aids since records
began in Kitsap County and in 1988 there were 13 new cases and
12 deaths, 1989 12 new cases and 7 deaths, 1990 11 new cases
and 4 deaths, and in 1991 12 new cases and one death. The
medical community has done a lot to prolong life in cases of
aids. The statistics for HIV Tests were: 1988 - 485, 1990 -
560+, 1991 - 923. The number of calls to the AID's hotline
were: 1988 - 79 requests for the whole year; 1989 - 132, 1990
- 189, 1991 - 2,517. A good job of responding to inquiries,
education and medical advances is being made. Mr. Waibel
provided copies of the AIDS information and a copy will also
be available in the City Council office. Additional
information can be obtained from the HIV-AIDS Volunteer
Program Coordinator -Holly Jacobson. Testimony was given on
the value of the Volunteer Programs and the fact they are
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life-saving both to the HIV person and to the families
affected as well. He noted the City is well represented on
this issue and Carol Dickinson, Community Services Manager, is
not only on the Task Force Board but is Chairman for the Long-
Range Planning Committee. HIV -AIDS information can be
obtained from the Health Department by calling 478-4235.
Mr. Colvin congratulated the Council for almost starting on
time. He noted there is still some confusion for citizens on
the garbage collection rates. He contacted Brem-Air for the
following information: 32 gallon can costs $12.14 per month;
20 gallon can costs $15.02 for two months; all extra bags must
be tagged. He noted if two garbage cans are set out, do not
put the "tag" on one of the cans because that can will be
disposed of also. He reported all Brem-Air customers must
sign up for the service they desire. Curbside recycling has
not been implemented yet and recycled items can be dropped of
at Peninsula Recycling - 373-5378.
Mr. Dawkins attended the Transportation Department's meeting
on March 2, and noted he had been watching transportation
issues for the past 25 years. The State Transportation
Commission has a little latitude on what they spend their
money on,i.e., million dollar Cross-Sound Study. He doubled
that the legislators, who vote on funding, would support
building bridges. He believed the emphasis will be on faster
and better ferry service in all directions.
Mr. Collins reported he attended the Transportation
Department's meeting on March 2. An alternative to jumbo
ferry service would be four small, 50 car ferries running from
Bremerton to Seattle and also equal and like numbers of small
ferries going from other points around the Sound. As outcome
of Vision 2020, we would probably need 8 additional ferry
points in the whole Puget Sound and move tremendous numbers of
people with small ferries that do not require huge engines.
In the past 30 years, he had observed five bridges built over
major water areas and three of them are still standing.
During this same period of time, a significant number of
ferries have been built. Three bridges still standing equals
a 40% mortality rate on bridges, but all the ferries that were
built are still in service. He announced Bremerton Animal
Control will the host the Washington State Criminal Justice
Training Academy on Animal Control in 1992. This will be a 5-
day seminar to be held in Burien and will draw Animal Control
personnel state-wide and even farther. He congratulated
Bremerton Animal Control for being a leader. He announced
Bremerton Animal Control now is serving the community seven
days per week, allowing animals to be retrieved on weekends.
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Garbage Collection - when the new garbage collection contract
was developed it was recognized there would be a need for a
strong Litter Control Ordinance in order to keep people from
dumping garage illegally. The new contract has been in effect
for one month and already people are starting to dump garbage
illegally and people who do not want to put lawn clippings
into their garbage cans are dumping them on to the curb. He
questioned if the City Attorney was preparing a more stringent
Litter Ordinance? Ian Sievers, City Attorney, stated work is
under way on a rewrite ordinances relating to litter and
garbage disposal, however, they needed to tie in with
business licensing and transfer of the fee franchise tax
provisions. Mr. Collins questioned when would that item be
before Council? Mr. Sievers stated it would be on the March
18th Council Agenda.
President Horton reported Council will have discussion on the
garbage contract implementation program as part of the Council
Agenda on March 18. If anyone has questions about the
contract implementation, they will have the opportunity to
speak to Council or they can call the Council Office or the
City Clerk's office with those issues so they can be addressed
in a comprehensive package. On Wednesday, March 11, following
the Council meeting, Council will have a "Crime and Law
Enforcement" hearing, which will be televised. On February
29, Council held a Study Session Retreat and discussed
reformulating Council Committees and a change in format during
Council meetings allowing public input after Council has an
opportunity for discussion. Since Councilman Johnson was
absent from the Retreat, she wanted to discuss this point with
him prior to implementation. She anticipated starting that
practice the week of March 11.
Mr. Collins stated at the Kitsap County Regional Council
meeting this date one of the action items was the County-Wide
Population forecast. He questioned what was the result of
that action and whose population numbers were to be used?
President Horton stated everyone's numbers will be used and a
"mid point" will be used between the high and iow figures.
Mr. Waibel stated they are using the Office Financial
Management's figures for the low and the Kitsap Census for the
high and establishing a bid range between those figures. As
the City's Planning Director pointed out during that meeting,
it is only a 10% spread and in terms of forecasting
predictions that percentage is a reasonable spread.
PUBLIC RECOGNITION
Mayor Louis Mentor stated he hoped everyone was enjoying
Riddell Road and Wheaton Way now that the turn lanes and
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resurfacing have been completed.
Mayor Mentor read a Proclamation honoring Don Heinrich, a
Bremerton native who recently passed away, who achieved the
following during his life time: NCAA Hall of Fame
quarterback, University of Washington All-American, team
member of the New York Giants and Dallas Cowboys and 15 years
coaching professional. Mayor Mentor proclaimed March 6, 1992,
as DON HEINRICH DAY
Don Atkinson, Bremerton Main Street Association, reported the
Athletic Roundtable had a "conference call" with Don Heinrick
about two weeks ago, which turned out to be a very moving
event. Mr. Atkinson announced the J.C. Penney Building has
been taken over for four days to house "Putin On The Green",
a St. Patrick Day celebration - March 14, 15, 16 17. The
Bremerton Sunday Market will be open on March 14 and 15,
inside the Penneys Building. A parade will take place on
March 14, 11:00 AM, and at 6:00 P.M. the "Roundwood Musicians
and Dancers, from Dublin Ireland, will perform. A Reno-Night
will be held on the evening of March 17 and net proceeds from
this four day event will benefit the Andy Pendergast Memorial
field complex. President Horton encouraged Mr. Atkinson to
publicize this event on Channel 29.
Jim Strait, 6520 Harlow Drive, President of Kitsap Lake
Neighborhood Association, stated he was concerned over one
City Council member being very vocal about building a prison
in his neighborhood. He did not believe it was appropriate to
site such a facility in that area and when the time comes for
rezone of that site, he hoped that Council member would be
restricted from voting. He reported there is an area along
Kitsap Way that has been a right-of-way for over 50 years and
there is a business using that section of right-of-way to
store their equipment. He felt if they wanted to use that
site then the City should be charging them rent or if it is
not needed to then sell it to the property owner so it could
be returned to the tax roll. President Horton requested Mr.
Strait to pass on the location of that right-of-way to the
City Clerk so it can reviewed.
Earl Bert, 6410 Lake Drive, Chairman of the Citizens Advisory
Committee - Pre-Release Facility, reported the Committee met
on Tuesday, March 3, and the motion made during that meeting
was to "not" support locating a Pre-Release Facility on the
proposed site in Bremerton. There were six members of the
committee present, one person absent, and the motion came out
with a tie vote. This committee will not hold any more
meetings until completion of the Environmental Impact
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Statement. He would call a "special" meeting if something
special came up.
6A - CONTI~ACT EXTENSION - DIAMOND PARKINGt ~AB92-056
The City contracted with Diamond Parking for management and
operations of four City owned parking facilities since 1985.
The current contract expires March 31, 1992. Conditions exist
that warrant a one year extension of the contract, including:
1. The Internal Auditor and senior management have reviewed
potential operating costs for the City to "self-operate" the
owned parking lots. Their conclusion is that present revenues
will not support self-operation at this time.
2. The Internal Auditor and staff will review the impact of
the Bremerton Lumber property when data is available after
commencement of operations.
3. Because of the investment required for start-up, a bid
call should be for a minimum of three years.
4. Diamond Parking will waive the guaranteed minimum for
services and will accept the present 15% of adjusted revenues
as its fee.
Kathleen MoCluskey, City Clerk, frequently the City was paying
the minimum schedule of payments to Diamond. If the City had
been paying 15%, it would have been less costly to the City.
Diamond is willing to waive that minimum, thereby making it a
more competitive contract. The more revenue Diamond can
generate in City lots the higher their fee will be. The
dollar figures for cost of operation and revenues collected
for the parking lots does not support the City taking
management of those lots in-house. The extension of one year
will provide an opportunity for the City to once again look at
self-operation and/or go out for bid. The City has been happy
with the present contractor's services so there was no
compelling reason to change providers.
Public comment - none.
Mr. Colvin questioned the total amount of income from the
parking lots and what portion of those revenues did the City
receive? Ms. McCluske¥ stated the total in 1991 was
$190,442.00 and Diamond's fee amounted to $29,471.00. Because
Diamond operates a number of lots in the City, they are able
to spread their cost out over all of the managed lots. If
City's parking revenues go up and if the City has other
parking lots, there is a breaking point where it would be
beneficial for the City to take over collection of fees.
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Mrs. Fitz noted a $19,000.00 increased from 1990 to 1991 and
the majority of the increase was from August through December.
She questioned if the increase was for parking alone or had
parking fees been increased? Mr. McCluskey stated a new
parking lot, on Park Avenue, was opened in 1991, generating
new revenues; and there was an increase in prices. Mrs. Fitz
questioned if Ms. McCluskey had a breakdown of revenues
collected for each lot? Mrs. M¢Cluske¥ stated yes, however,
she did not have it available at the meeting.
Mr. Collins questioned if all revenues received from parking
fees go toward eliminating the Parking Garage debt or going
into the General Fund? Rich Hanna, City Treasurer, explained
the proceeds from the Diamond Contract for the off-street
parking facilities together with the on-street (both fee boxes
and meters), along with revenue from parking tickets, all go
into the Parking Fund. Out of that fund, the City finances
enforcement of parking regulations, the Diamond Contract, and
any other expenses associated with operating the City's
parking system. The remaining profits or funds not required
for that system, are transferred to the Street Department.
This year's transfer to the Street Department is approximately
$200,000. President Horton emphasized there is a debt service
on the Parking Garage. Mr. Hanna acknowledged that the debt
service is also paid out of the Parking Fund. Mr. Collins
questioned if it would be appropriate to use Parking funds to
pay for any outstanding debt on the old "In & Out Restaurant"
property? Mr. Hanna stated acquisition and development of the
property was funded out of the Parking Fund.
Mr. waibel pointed out Diamond gave the City a guarantee that
the revenues from the Parking Garage would pay for its debt
service. He questioned if the City was allowing Diamond to
use all revenues from all the parking lots to meet that
guarantee? Mrs. McCluske¥ stated that was a guarantee under
the old contract for just the Parking Garage itself. Because
the City is generating sufficient funding to pay the debt
service, it has not been an issue.
#1414 M/S/C/U(Colvin/Fitz) that present contract with Diamond
Parking for management and operations of City owned parking
facilities be extended for one year to March 31, 1993, and
that fee be 15% of adjusted revenue.
6B - OVERWATER PARK CHANGE ORDER NO. lm ~AB92-057
This Change Order includes Change Order Proposals No. 1,2,3
and 6 plus Field Orders No. 1 and 2 as shown n the attached
documentation.
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These changes have been required in order for the project to
proceed on schedule. The contract sum will increase from
$1,778,700.00 to $1,885,440. 97 including tax.
Dave Baker, city Engineer, stated the subject change order is
the one that has been referenced during several monthly
project update reports. He emphasized he did inform Council
there would be change orders because there is no way to drive
piling at a per- foot cost and not have change orders. Change
Order Proposal #1 is the lineal feet of 16" piling that was
above or below that amount which was in the estimate that went
out to the contract. (As an example, if the City made an
estimate of 1,000 lineal feet of piling and the contractor
provides a figure for that amount - anything beyond that
amount would be paid for by the lineal foot. By the same
token, if the actual amount was under the estimated amount,
the cost would be reduced by the lineal foot.) This change
order amounts to $46,516.00, amounting to 563 lineal feet,
which is approximately 7.8 ft. per pile deeper than
anticipated on the drawings and 51 splices.
Change Order Proposal #2 was addition of 3-18" diameter test
pilings. As outlined in Change Order #1, the footage was
missed by 563.8 feet. Three 18" test pilings were driven at
the cost of $3,250.00, which was the cost of moving the barge,
driving the piling, hiring the testing company to make the
test (both vertical and horizontal) and then from that the
next 18" piling were estimated from what the original contract
had stated. Referencing Item #5 - this is the modification to
the 18" schedule, which means they hit the 18" schedule within
1.4 feet. It certainly paid to use the three test pilings.
Change Order Proposal #3 - to modify the pier itself in order
to take the Turner Joy gangway. The Turner Joy gangway and
its connection were not part of the original contract.
Change Order Proposal #6 - furnishing and installing poles and
light bases and anchors. The contract drawing stated those
items would be furnished by the City. By the time the City
gets to an open bid for this item, it would be less expensive
for the contractor to provide it.
Field Order #1 is a change in the 18" diameter piles. The
City received a credit of $76.00.
Field Order #2 is telephone cable relocation. As you are
probably aware, there is a marine telephone cable crossing
Sinclair Inlet beginning at the south edge of the pump
station. As it turned out, that telephone cable turned out to
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be two telephone cables. The second telephone cable was
directly under Pile #76, so in order to not damage that
telephone cable, the City hired a diver to move the cable out
of the way to make sure the piling did not go through either
of those two cables. This cost for this service amounted to
$2,730.00.
The total amount on this Change Order is $99,017.60 plus tax
for a total of $106,740.97. This will add 27 working days or
40 calendar days to the contract, which means the substantial
completion date moves to June 15, 1992.
Public comment - none.
President Morton handed out to each Council member a rough
work sheet showing the City budgeted $2,093,500 for this
project. The total Portico contact, including the amendment
and tax, amounted to approximately $313,000. The construction
contract came to $1,778,000 (including tax); and an additional
amount of $60,000 for permit fees. Those three items equal
$2,152,000 and those figures indicate to her that the City was
over budget when the construction contract was let out to
Quigg Brothers. Mr. Hanna stated President Horton's numbers
were close and he had performed the same analysis prior to
Council meeting. Of the approximately $60,000 ancillary
costs, some portion of those were funded by a grant that is
not budgeted in the revenues for the overwater park ...
Coastal Zone Management Grant for informational signing on the
sedimentation. The order of magnitude was about $19,000 and
the remainder of those ancillary costs were permitting. There
were some other parties, in addition to Portico and Quigg
Brothers, who were involved in some preliminary studies on
fisheries and related expenses of that nature. He roughly
estimated $50,000 for that figure, which gave a total
commitment of $2,142,000, with identified funding sources
totalling only $2,093,000. Roughly $50,000 was committed
beyond revenue sources identified. President Horton emphasized
from the beginning when the Quigg Brothers contract was
approved, the City was committed beyond identifiable funding
sources. Mr. Manna stated yes, and the only additional factor
was costs associated with permitting when they "began
counting" and some of those costs go back several years when
presentations were made to Council of architect renderings of
conceptual designs. President Morton stated the proposal now
adds almost $107,000 to the construction costs, meaning at
this moment there is no money in the budget to pay for this
Change Order; and subsequently that would apply to the next
Agenda item. Mr. Hanna stated President Horton was correct.
President Morton stated totally the two figures the City is
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about $160,000 over budget on this project coupled with the
next agenda item of $145,000 - coming up with a figure of
approximately $300,000 over budget. Mr. Hanna stated that was
correct. President Horton questioned since the City is over
budget and there is no funding available to pay for it, this
item cannot be approved? Ian Sievers, City Attorney, stated
if the Change Order is approved, it would lead to a signature
obligating the City to pay the money and there needs to be an
appropriation before a commitment is made or incur any
liability to pay out that money. Mr. Colvin questioned where
would the money come from? Mr. Hanna stated it appears the
three most logical sources are Cumulative Reserve Fund,
Hotel/Motel Tax or Real Estate Excise Tax. Among those funds
there are adequate resources, but the budget would have to be
amended to expand the City's financial ability.
Mrs. Fitz questioned if there was money available to fund the
Change Order and the next Agenda item or if there is just
enough to fund the Change Order? Mr. Hanna explained in the
three funds he just identified the Cumulative Reserve Fund has
budgeted ending cash in the amount of $334,500.00; Hotel/Motel
Tax Fund - $294,550; Real Estate Excise Tax Fund - $270,698.00
(with the caveat until the Comprehensive Plan is amended to
include the C.I.P. element, the City is not at liberty to
spend it until that other contingency is taken care of). Mrs.
Fitz stated realistically those funds are not available at
this time. Mr. Hanna stated not at this moment. President
Horton questioned if that included the $500,000 that has been
committed to the Sports Complex? Mr. Hanna stated no it does
not...as it stands at this moment, the City has committed
$250,000 to the Sports Complex. The dollar figures he cited
were over and above that commitment of $250,000. President
Horton stated for clarification out of one fund the City still
needed to extract $250,000 for the Sports Complex. Mr. Hanna
stated yes, to meet the City's total commitment of $500,000.
Mr. Overson stated he believed Council needed to decide what
to do with the this Agenda item and the following Agenda item.
It appears this item, at a minimum, needs to go before the
Council Fiscal And Budget Committee for review. Aside from the
$250,000 required for those three funds, there are other
purposes and it needs to be resolved how important those
purposes are. He suggested Council discuss the next Agenda
item, but it may take the same direction as this item and be
tabled for further review. He questioned, under Change Order
#3 - Turner Joy Gangway, was this a surprise to the contractor
and why wasn't it in the construction contract? Mr. Baker
stated he wished he could explain that, however, he was not
involved in the design phase of the project and he took over
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when construction began. Mr. Overson questioned if Portico
was at fault on that point? Mr. Baker stated perhaps,
however, there are at least four entities working side-by-side
on this project. Mr. Overson pointed out Portico is the
project manager and they provided the design. Mr. Baker
stated Portico did what they were directed to do and he was
not sure what they were directed to do. He can only assume
they were not directed to put the gangway on the plans since
that is not on the plan. Mr. Overson requested research on
what happened on that particular point. He noted this
proposal is a non-budgeted item and no one expected that. The
issue of lighting turns out to be a non-budgeted issue by the
way it was handled. It was always intended lights would be
provided and he questioned how did that item get out of the
contract? Mr. Baker stated he did not know how it was taken
out of the contract, however, he confirmed that it was
indicated on the drawings to be furnished by the "owner",
meaning the City. Mr. Overson stated he believed Portico
needed to provide information as to how they were being
guided. He reviewed a report dated January 31, stating
contract costs of $2,227,815 and another report, that is
validated, showing the contract cost as $2,152.288...the
numbers just do not add up.
President Horton stated Mr. Baker was on record, when Council
approved the Quigg Brothers' contract, saying that there was
a contingency of $165-185,000, when in fact there was no
contingency and the City was over budgeted at that point. She
questioned how did that little thing happen to slip through
the crack? Mr. Baker stated he was not sure the City was over
budget. He was not aware the project was over budget and the
budget he has in front of him is the budget sent out by the
Treasurer showing there was approximately $2,100,000 budgeted.
President Horton stated that was correct, however, when adding
up those three figures, Portico Contract, Permit fees and
construction, the project is already over budget. Mr. Baker
pointed out the Portico contract was not amended at that time
and he was not aware what was paid for the design prior to the
contract itself. President Horton questioned if Mr. Baker did
not know what was going on, who in the administration did?
Mr. Baker stated he knew the budget figure they had was
$2,100,000, and he knew that the amount of the contract and
the amount of Portico's involvement was not $2,100,000.
President Horton questioned if Mr. Hanna knew, when the Quigg
Brothers contract was approved, that the project was over
budget? Mr. Hanna stated no, he did not. Mr. Overson stated
maybe that is an issue that the Council Fiscal and Budget
Committee needs to look into. president Horton stated Council
needs answers to her questions.
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#2369 M/S/C/U(Collins/Colvin) to table this item until it and any
adjustments have been reviewed by Council Fiscal and Budget
Committee.
President Horton requested a report from the administration to
document where the City erred and how to get it back on track.
6C - CONTRACT AMENDMENT IN SETTLEMENT OF OVERWATER PARK
CONTRACT DISPUTE, ~AB92-058
A dispute has arisen in the interpretation of the Overwater
Park contact language regarding payment of pilings. A
negotiated settlement has been reached between Quigg Bros. -
McDonald, Inc., and the City whereby the City would include a
price for the contract estimate for piling based on 59% of the
contractor's unit prices for piling. The cost to the City
amounts to $145,651.53 plus tax.
Public comment - none.
Mrs. Fitz questioned if there was a conflict in the contract
from the beginning? Ian Sievers, City Attorney, stated yes,
his earliest memo shows a response to an objection once the
bids were opened from the contractor back to June 24, 1991,
expressing a different interpretation of the bid documents.
He researched on whether the City could negotiate a change at
all and it was determined they could not and Quigg Brothers
would have to accept the contract as written. They did sign
the contract and stated they had a different interpretation of
this agreement and they reserved their rights. The City has
been negotiating with them since that time.
President Horton stated when Mr. Baker presented the original
contract to Council Mr. Estes identified that Quigg Brothers
left something off the bid and wanted to make sure that was
now resolved and you indicated it had been taken care of. Mr.
Baker stated he indicated the contract was signed for
$1,650,000. President Horton stated this Council did not know
there was a contract dispute still pending at that time and
she questioned if Mr. Baker knew that Council did not know?
Mr. Baker stated he is assuming now that Council didn't know
Mr. Overson questioned if Mr. Baker knew there was a
contract dispute at that time? Mr. Baker stated he knew there
was a dispute but was not aware the dispute was to be carried
on because Quigg Brothers had signed the contract. Mr. Colvin
questioned if the City Attorney knew there was an unresolved
dispute? Mr. Sievers stated yes, Quigg Brothers only signed
the contract with a future process of mediation or litigation
to resolve our interpretation verses their interpretation of
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how much was actually owed them under the contract. They must
have provided something in writing as the City responded on
June 24th in writing. They got back to the city with a more
detailed analysis on November 26, 1991, and he responded a
couple of times since then. He noted in the June 24, 1991,
letter they reviewed the issue with Mr. Baker and reviewed
Quigg Brother's position on their interpretation of the
contract. After a few months into the contract, the
contractor submitted to Mr. Baker a schedule of value and that
reflected their interpretation. The City then pointed out to
them our interpretation had to be included as a lump sum and
distributed among scheduled values for progress payments to
be paid and they did correct that but re-emphasized they were
not conceding their point on the contact. Mr. Colvin
questioned the amount of the dispute? Mr. sievers stated
$145,000 is 59% of the disputed amount and the City's position
is no money and their position is basically 100% of all the
piling that has been driven.
Mrs. Fitz questioned why did the City go into a contract when
there was a dispute to begin with? Mr. Sievers stated he
believed there was a very good reason for that.., if the
contract were interpreted later by the Court totally in the
favor of Quigg Brothers, they still would have been the low
bidder. By litigating this and prevailing, perhaps rendering
a settlement the City would still have the low bidder on the
contract and possibly made some progress on the bid as well.
The only other option was to have Quigg Brothers sign the
contract and if they chose not to sign the contract they could
have retrieved their bid bond and the City would have had to
go to the second lowest bidder and would have cost the city
money above even if they prevailed totally. President Horton
stated had this Council known at that time there was 1/4
million dollar dispute, they would have had the option to
ascertain whether or not to go forward with the project as
designed or, if funding was not identified, request the Mayor
to scale back the project. Mr. Overson stated he was part of
the original design committee and the original design of the
overwater park (or boardwalk) was smaller than the current
project. One of the purposes behind that smaller design was
based on the recommendation of some very high quality
engineers and designers from the City, who were intimately
involved. A smaller sized design was something affordable, but
which would provide what the City wanted. Later, that design
was changed to make the large facility that is now being
constructed and it looks like someone may have "bitten off
more than they should have". He questioned if there is a
funding source to cover the $145,000 being requested?
TAPE #1000
city Council Reg. Mtg. Minutes
March 4, 1992
Page 14 of 26
Mr. Colvin stated as he understands it, if the City goes to
Court, we may end up with a greater liability than the
$145,000. Mr. Sievers stated if the City had to pay 100% of
the disputed amount it could amount to $245,000. Mr. Colwin
questioned if this was the most economical way to get out of
the dispute? Mr. Sievers stated there are arguments on both
sides and he is recommending the settlement to Council for the
reasons he stated in his confidential" memo.
Mr. Wai~el stated there is a lot of State law in terms of
whether a City can commit funds they don't have and if the
City had a potential liability built into the initial
contract, we were at that time allocating that potential
$300,000. We should never have been allowed to approve the
contract without knowing the amount of the obligation. Mr.
Sievers stated that was possibly true and there should be a
normal contingency fund. In the event of potential added
liability that fund should be increased accordingly. Mr.
Waibel stated he believed the City may have entered into the
contract in direct violation of State regulations. He wants
to make sure the City does not do something like that again.
Mr. Sievers stated that was true, and he understands this item
has to be tabled for the same reasons the previous Agenda Item
was tabled. He pointed out the figure arrived at with Quigg
Brothers is hinged upon the timeliness of settlement in
reaching that figure. If the contractor has to wait for a
settlement until the end of the contract, they way choose to
litigate instead of accepting the proposed settlement. He
urged Council to try to find funding. President Horton
pointed out it was up to the administration to find the
funding and route it through Council Fiscal and Budget
Committee and then to Council for approval.
Mr. Estes requested Mayor Mentor to comment on this issue
since he is the chief executive officer and responsible for
overseeing the functioning of the City. Mayor Mentor stated
at the time the bid was let, he felt the money was identified,
and in fact had a $265,000 contingency fund. He did now know
how this discrepancy came up of approximately $150,000,
possibly the architect or design fees were not included in the
proposal. Mr. Waibel pointed out there is now the potential
of having a $300,000 liability. Mayor Mentor stated there is
a potential of about $240,000 in dispute and at the time when
the project first began it looked good. President Horton
stated it appeared from the beginning there was a problem and
Mr. Baker stated he was not aware of the shortfall, now the
Mayor is stating he wasn't aware of it - this is not a good
way to "run a railroad". Mr. Estes questioned Mayor Mentor
how this problem will be solved, how long will it take and
TAPE #1000
City Council Reg. Mtg. Minutes
March 4, 1992
Page 15 of 26
will it jeopardize the project? mayor Mentor stated a
decision on whether or not to accept the proposed settlement
figures is need, continue negotiations, or to a lawsuit. Mr.
Waibel stated Council did not have a choice as there is no
money...they cannot obligate the City. Mayor Mentor stated a
funding source needs to be assigned to fund this proposal and
he felt it would most likely be the Hotel/Motel Tax Fund.
Mrs. Fitz stated had Council been apprised of this sooner,
money could have been budgeted.
Mr. Overson stated this item does need to go back to the
Fiscal and Budget Committee. Based on what Council now knows,
there was knowledge at the time the contract was let that it
amounted to 2.4 million dollars as opposed to the 2.1 million
dollars proposed. Mayor Mentor stated at the time the project
was put out for bid the City felt it had funds to cover the
project. President Horton recommended that Mayor Mentor meet
with the City Treasurer and prepare a budgetary amendment and
process it through the Fiscal and Budget Committee.
#2978 M/S/C/U(Waibel/Estes) to table this item until it has been
reviewed by the Fiscal and Budget Committee for potential
funding sources and to direct the Administration to make sure
the contracts are never let in the future with a dispute that
was not covered under some potential funding source.
TAPE 91001
6D - MEETING BETWEEN COUNCIL ANDPROPERTY OWNERS TO 1) APPROVE
THE ANNEXATION AGREEMENT; 2) CONSIDER 10~ NOTICE OF INTENT FOR
ANNEXATION OF THE NATIONAL HEIGHTS AITNEXATION AREAt ~1 MARION
A~q~NUEt ~AB92-059
The City has certified a "Notice Of Intent" from the property
owners remaining outside of the City of Bremerton on Marion
Avenue.
The petition is to serve as notice of intent to proceed with
annexation. According to RCW 35.13.125, the legislative body
is to set a date within 60 days after the filing of the
request for a meeting to determine the following:
1) whether the City will accept, reject, or geographically
modify the proposed annexation;
2) whether the said Petition shall require annexed property
to assume current City indebtedness;
3) whether pre-annexation planning and zoning will be
required or provisional zoning assigned under Zoning Ordinance
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 16 of 26
Chapter II, Sec. 3.
President Horton asked the "Appearance Of Fairness/Conflict
Of Interest" question". Councilman Collins stepped down and
all remaining Council members were seated.
Tetris Hartson, Municipal Services Coordinator, stated the
total acreage of the annexation area is 16.14 acres with a
population of 115, which includes a 32 unit apartment complex.
The density per acre is approximately 10 people per acre.
There are no businesses located in the annexation area. Ms.
Hartson provided a view graph showing the boundaries of the
proposed annexation area. She pointed out the City limit line
would become more even and less irregular.
Currently, there are needs in the annexation area that are
being met by the City of Bremerton and some needs that could
be met by annexation. Most of the properties are now being
served by City of Brsmerton water and if annexed they would
receive a 33% reduction in their water costs. There are three
parcels that are on City sewer and the 15% surcharge as a non-
resident would be eliminated if those properties are annexed.
This area is in Fire District #7, that recently merged with
the previous Fire District that served the area. This means
paramedic services for this area would be coming from Gorst
whereas the City has 24-hour per day fire fighters and
paramedics available at Max Meigs Fire Station on Kitsap Way.
The City has Police services that would provide more police
per capita than Kitsap County Sheriff's Department. Response
time for such services to the annexation area is estimated at
2 minutes.
The proposed annexation area is targeted for extensive growth,
according to Kitsap County's Sub-Area Comprehensive Plan,
which designates the area as "urban" providing for the high
density of growth and is demonstrated by the apartment complex
that was allowed in the single family residential area. Such
action would be considered a "spot zone", if it had been built
within the City.
Marion Avenue area is one of 27 streets that are divided down
the center line and because this area is bordered by the City
along the north and south only one western portion remains in
the County. This area can be confusing as to jurisdictional
coverage and the City is already snow plowing this area in the
winter.
Concerns within the neighborhood include: (1) potholes, (2)
parking tickets, (3) not sure they want to be included in the
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City Council Reg. Mtg. Minutes
March 4, 1992
Page 17 of 26
City. Ms. Hartson emphasized the City does have the full 75%
petition for annexation, as required by State statute.
Annexation is the only government action that requires such a
great majority of people to commit to the annexation before it
is processed. Some residents were concerned if annexed they
would have to hook up to sewer. Ms. Hartson noted that was a
very common concern, which is not true but rather more of an
environmental issue.
Public comment - none.
#0241 M/S/C/U(Waibel/Estes) to accept the annexation of the National
Heights Annexation Area #1 Marion Avenue.
#0255 M/S/C/U(Waibel/Colvin) City Council requires assumption of a
proportional share of the City's current indebtedness as a
condition of any future Petition for annexation of the
proposed area.
#0285 M/S/C/U(Fitz) City Council requires the adoption of a
Comprehensive Plan and land use prior to the final petition
for annexation.
Councilman Collins returned to the Council Chamber at 7:12
P.M.
7A - RESOLUTION ~2381, AUTHORIZING AN INTERFUND LO~N FROM Tw~
EQUIPMENT RENTAL RESERVE FUND TO THE GENERAL FUND, ~AB92-060
For the past several years the City has financed the cash flow
requirements of the General Fund through the issue of a Tax
Anticipation Note (TAN). Current conditions in the bond
market have made this financing alternative more costly than
internal financing. For this reason, authorization of an
interfund loan to finance the General Fund cash flow is
requested.
Rich Hanna, City Treasurer, stated it has been necessary
throughout the years for the General Fund to utilize some
borrowing mechanism in order to finance the cash flow of the
General Fund. The reason for this is primarily the result of
property taxes being collected twice yearly with the first
half coming due in April and the second coming due in October.
There are periods of time during the year when the General
Fund operates in a deficit cash position, which is contrary to
State law. If it is necessary to secure funds to cover those
period when the City would otherwise have a deficit cash flow.
He emphasized this is not a situation of a problem in the
General Fund and therefore the City is borrowing against each
tax period to "bail" ourselves out. The only way to avoid
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City Council Reg. Mtg. Minutes
March 4, 1992
Page 18 of 26
this kind of borrowing, on an annual basis, would be to carry
an extremely large (1.5 million dollar) cash balance forward
at the end of each year. Because budgets have been
historically tight in the City due to its weak tax base,
carrying those kinds of reserves has not proven to be
possible. Normally, when the City issues debt the interest
paid on that debt does not represent taxable income to the
holders of those bonds. For that reason, our borrowing costs
are normally significantly below our opportunities to reinvest
those funds...that is what has made the Tax Anticipation Note
method of financing so attractive over the years. The margin
between our borrowing cost and investment opportunity has
generally been about 1.5% and has proven to be very lucrative.
With rates as low as they presently are, our borrowing costs
are actually higher than our reinvestment opportunities. Mr.
Hanna reviewed three different options for financing the
borrowed funds, with the most economic option being "Financing
Cash Flow With Internal Funds" and costing the City
approximately $2,916.00.
Roy McInnis, 2711 Maple Street, questioned the total amount of
funds the City would be borrowing from the cited internal
fund? Mr. Hanna stated if Council desires to put a ceiling on
the amount of the loan, he proposed the amount of $750,000,
basing that on the lowest projected cash balance in the
General Fund that occurs in November in the amount of
$500,000. As he previously mentioned to Council, that is a
November 30 balance and there is approximately $300,000 of
sales tax revenue that does not come in until that day.
President Horton questioned the balance of the Equipment
Rental Reserve Fund? Mr. Hanna stated the balance in that
fund is approximately one million dollars. President Horton
stated that would leave a balance of $250,000 in that fund.
She noted there had been some equipment purchases and as those
come on line and questioned if it would cause the Equipment
Rental Reserve fund to run in any deficit condition? Mr.
Hanna stated no.
Mr. Overson stated Mr. Hanna demonstrated a remarkable "calm"
when making this presentation, however, he personally did not
feel quite so comfortable. There is a risk in this proposal
and that is ..." if the City doesn't pay it back". As an
example, he referenced the last inter fund loan Council made
did not get paid back. And, there have been some extensive
things done this year to make sure it does get paid back. He
trusts there is sensitivity on this and the intent is to pay
it back. Mr. Hanna stated that certainly is the intent and
like any transaction whether internal or external when money
is borrowed no one can give an absolute guarantee it will be
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 19 of 26
paid back. Mr. Overson stated the City Treasurer made a
statement that we got into this fiscal situation because of
our "weak" tax base. He could not identify with that...the
City knows what the income will be and projected out for some
time within a certain degree of error. What has not been done
as well as he wished it had is "control" spending. This
Council and previous administrations have looked to building
a beginning year position so that the City would not have to
do "TAN's" or any kind of loans. We are going the wrong
direction! Historically, this was one of the things Council
was going to definitely stop - borrowing between funds.
President Horton stated because we cannot do a "TAN" she
questioned how much will the General Fund lose as a result of
that? Mr. Hanna stated when the General Fund budget was
presented to Council this year, it was planned to issue a TAN
and the budget was built on that along with a number of other
assumptions. Based on that, $120,000 was budgeted of interest
income on the Revenue side of the General Fund. Needless to
say, because we won't have those borrowed funds to invest,
that $120,000 will not be there. There will be some very
modest interest earnings on those positive cash balances that
occur in some of the months under Option III, as illustrated.
Mrs. Fitz questioned if she was correct in her understanding
that borrowing between funds is not free? Mr. Hanna stated
yes, she was correct and the proposed Resolution calls for the
General Fund to pay to the Equipment Rental Fund an interest
rate equivalent to what the City is earning at the State
Treasurer's Investment Pool.
Mr. Waibel questioned is the cash flow chart based on
recognition that a "TAN" would not be pursued ? Mr. Hanna
stated yes, that is the projected cash balance if we borrow no
money from any source.
Mr. Colvin requested clarification on a previous comment made
about an interfund loan not being repaid. Mr. Hanna explained
that comment referenced in 1991 an interfund loan was made
between the General Fund and Street Fund and when he initially
came to Council he stated that loan would be repaid by the end
of 1991, which did not happen. They did build the 1992 Street
Fund around repayment of that interfund loan and he is
confident it will be repaid. President Horton noted at the
end of March Council will be getting a progress report on that
interfund load.
Mr. Waibel reminded everyone one that 5-6 years ago the City
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 20 of 26
did millions of dollars in interfund loans and Council decided
that was not the best way to do business and utilized the TAN
process. Now, the City is in a special situation and he did
not want his vote of support indicating he wants to get back
into all those interfund loans.
Mr. Overso~ suggested adding the words "limited to $750.000,
to the first sentence in the last paragraph of the Resolution.
Mr. Collins stated usually when something of a financial
nature is presented to full Council there is some type of
documentation that the Fiscal and Budget Committee had
reviewed the item. He was concerned that there was no such
indication on this Agenda item. Mr. Hanna stated this issue
was discussed in Fiscal and Budget Committee in December of
1991, and again in February of this year.
#0819 M/S/C/U(Overson/Colvin) to pass Resolution #2381, authorizing
an interfund loan from the Equipment Rental Reserve Fund to
the General Fund, including adding the words "limited to
$750,000 to the first sentence in the last paragraph of the
Resolution.
8A - PUBLIC HEARING AND ORDINANCE (FIRST READING) FOR STREET
VACATION AT NORTH 20 FEET OF KITSAP WAY WEST OF OYSTER BAY
ROADm APPLICANT: JAMES H. ROBINSON CO., INC., ~AB92-061
On December 17, 1991, the Planning Commission held a public
hearing to vacate a portion of the north side of Kitsap Way
(20' x 240') located immediately west of Lower Oyster Bay
Road.
On February 12, 1992, the City Council set the date for this
hearing by adopting Resolution #2375.
The City Council may adopt, amend or reject the recommendation
of the Planning Commission.
Mr. Collins questioned if he had a conflict of interest due to
his having heard this request twice before as a Council member
and as a Planning Commission member? Ian Sievers, City
Attorney, stated no, because all of those contacts with this
Agenda item were public hearings and of public record. The
RCW specifically allows you to serve on a recommending body to
a legislative body that you serve on. Therefore, he did not
believe Mr. Collins had a conflict of interest and could be
seated.
President Horton asked the "Appearance Of Fairness/Conflict Of
Interest" question with Councilman Eileen Fitz stepping down
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 21 of 26
and all remaining Council members being seated.
Jack A11inqham, Current Planning Division, stated the
applicant James Robinson Company is requesting the vacation of
4,800 square feet of right-of-way, located at 4512 Kitsap Way.
The proposed right-of-way is an undeveloped strip
approximately 20 feet in width and 240 feet in length. If
vacated, the right-of-way will revert to the ownership of the
abutting property and then be used for future development.
The adjoining property to the subject area has a zoning
designation of General Business (GB), and the Comprehensive
Plan designation for the property is Commercial (C). The
right-of-way is classified as a major arterial and the City's
adopted minimum right-of-way width for major arterials is S0
feet. The abuttinq right-of-way varies along Kitsap Way in
this location from 130 feet to 167 feet.
Within the last year there have been several improvement made
to Kitsap Way: approximately 4 new lanes of pavement with left
turn lanes, bike lanes, curbs/gutters/sidewalks have been
placed adjacent to the site. There is approximately 20 feet of
surplus right-of-way between Kitsap Way and this location is
the area Mr. Robinson is requesting to vacate.
Mr. Allingham reviewed the criteria for vacating and noted the
Engineering Department did not have any objection to this
proposal, that it is surplus right-of-way and not required for
future right-of-way needs since they have already been
completed in this section. The public interest would be
served by allowing this right-of-way to revert to the
adjoining property and allow for future development consistent
with the Zoning and Comprehensive Plan.
Based on those findings, the Planning Commission is
recommending approval of the right-of-way vacation subject to
two conditions: (1) that the applicant compensate the City
for the right-of-way; (2) that the City reserve existing and
future utilities in the right-of-way that is being requested.
James Robinson, 4904 Kitsap Way, stated he had owned his
property since 1973, with taxes always being current. In 1982
he invested in sanitary and storm sewer in conjunction with
property that was subsequently developed as Oyster Bay. The
property is zoned for "Business" use and he is proposing a
professional office on the site. The site is long and narrow
and is difficult topographically. He felt it absolutely
essential, in his opinion, to have control of the usable
ground in order to make an orderly development out of this
TAPE #1001
city Council Reg. Mtg. Minutes
March 4, 1992
Page 22 of 26
site. As was indicated earlier, this proposal had been before
Council twice before and were denied because it was City
policy to wait for the street improvements to define the
adequate right-of-way width. That has now been completed and
they have signed an easement with Puget Power and do concur
with the recommendation of the Planning Commission. Of the 20
feet in width, one half will be landscaped per zoning code and
the other half will be utilized for parking. He respectfully
requested Council's favorable consideration of this proposal.
Public comment - none.
Mr. Overson noted Ms. Wilson, Long Range Planner, had a
comment in the supporting documents that needed to be
identified, if not addressed. That comment is "until the City
adopts a Transportation Program, the City does not know
whether it wants or needs any of this real estate". He
requested Mr. Allingham to expand on that comment. Mr.
A11ingham stated when looking at vacating right-of-way there
are two schools of through: (1) the City does not have an
adopted Transportation Plan and at this time there is no
telling what future needs would be for right-of-way. Council
would have to weigh short term gain of allowing the property
owner abutting this property to use it to develop his property
in compliance with zoning and the Comprehensive Plan; (2) or
holding it in reserve for future generations to decide what
transportation needs could utilize the right-of-way. Mr.
Overson stated in the alternative, the City and State put a
lot of time, effort and money into Kitsap Way, and questioned
what is the life expectancy of the existing Kitsap Way
development? Dave Baker, City Engineer, stated the design
life of a highway is a little hard to predict, but they are
looking at a design life of the pavement itself of 7-8 years
and construction itself of 50 years. President Horton stated
for clarification that Mr. Baker anticipated what has just
been completed, as far as construction and design, should hold
up for a lengthy period of time. Mr. Baker stated yes and
those were the assumptions made when the design was developed.
A few years back, Council did adopt some "minimums" along
Kitsap Way that included two lanes each direction, a two way
left turn bay, bicycle lane and area for bus turnouts, which
has been included in that design. Presi4ent Horton stated in
Mr. Baker's opinion if the City did a Transportation Plan,
would that area change drastically from what has already been
designed for those improvements? Mr. Baker stated technically
there is not a Transportation Plan, but there is a
Transportation Element to the Bremerton Comprehensive Plan.
That element was brought before Council and one of the
questions asked was "do you want to go to three lanes each
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 23 of 26
direction plus bicycle and bus lanes, with the knowledge that
in order to do that and make it safe there would have to be a
jersey barrier installed". At that time, both Council and
staff felt that would destroy businesses in that area. So, the
conclusion was Kitsap Way will never go 3-lanes each direction
and a jersey barrier down the middle was not desired.
Mr. Waibe! stated as a board member of "Kitsap Transit", he is
aware there are enough requirement within the next five years,
being placed on the City by the State, requiring the City to
place some "HOV" transit lanes for travestying the County as
well as some inter-City. He did not know if Kitsap Way would
be one of those areas. The City needs to come up with a
Transportation Plan that recognizes those potentials and the
1995 requirements the State have placed on cities. President
~orton stated she believed Kitsap Transit was looking at the
Opticom System to regulate the lights and/or a by-pass at
intersections.
Mr. Dawkins questioned if there was anything in the way at
either end of the right-of-way strip to limit development?
Mr. Allinqham stated to the east of the proposed site is the
former Tsuji Hotel School and to the west is residential. Mr.
Dawkins stated if suddenly the Federal government stated rapid
transit was needed and offered to fund such a project, could
the City buy back or condemn the right-of-way area if it was
needed? Mr. Allinqham stated the City does have the right to
condemn property for public interest. President Horton
pointed out if the City did condemn that site, the cost of the
property would be at the improved value.
Mr. Collins reflected on his prior position on vacating
rights-away along Kitsap Way and his displeasure with some of
the development that has taken place along Kitsap Way. He
believes Mr. Robinson's proposal for the site is of the
highest quality, but the City has practically given away every
bit of buffer along Kitsap Way. He is hesitant about
releasing any property, however, he will support Mr.
Robinson's request. He was not happy that the City Council
did not have a plan for surplusing property anywhere in the
City, nor is there an inventory of land that the City may want
to eliminate or do something with. He hoped the City hadn't
made a mistake in letting all the right-of-way go at the
Marine Drive and Kitsap Way intersection and having to buy
back a portion of it to complete construction of a new
intersection at that location. Mr. Baker acknowledged that
the City would not have to "buy back" any of that particular
right-of-way. President Horton emphasized the City did not
"give away" that property, but rather "swapped" pieces of
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 24 of 26
property. President Horton stated Mr. Collin's comment had an
interesting point and questioned if Mr. Baker had an inventory
of the right-of-way along Kitsap Way? Mr. Baker stated yes,
he does have an inventory of the right-of-way along kitsap
Way. president Horton requested a copy of that information.
Mr. Waibel stated there are properties within the City that
have different options on them, i.e., where certain platting
areas had to be vacated if the City did not use them. There
needs to be some identification of properties where the City
has liabilities for those potential requests as one source of
surplusing. Also, there needs to be standards established for
certain arterials defining what those right-of-way
requirements are for those standards and then see what is left
beyond that.
Mr. Overson stated there are a lot of pieces of property
around the City that are right-of-way, many being street ends
and most of them we don't need but do retain. It is a known
fact that some of those properties have buildings on them even
though it is City property. He noted this proposal was a
worthwhile application for the real estate and improvements
have been made to the roadways.
#14584 M/S/C/U(Dawkins/Colvin) to adopt the Findings Of Fact and
Conclusions Of Law of the Planning Commission and approve
Ordinance, on first reading, approving the requested street
vacation.
Councilman Fitz returned to the Council Chambers at 8:00 P.M.
8B - PUBLIC HEARING AND ORDINANCE (FIRST READING) FOR STREET
VACATING AT 1144 CARR BLVD., APPLICANT= RICHARD E. BERG,
#AE92-
0~2
On January 21, 1992, the Planning Commission held a public
hearing to vacate a portion of right-of-way located adjacent
to 1144 Carr Blvd.
on February 12, 1992, the City Council set the date for this
hearing by adopting Resolution #2376.
The City Council may adopt, amend or reject the
recommendations of the Planning Commission.
President Horton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all members being seated.
Jack A11inqham, Current Planning, stated the applicant of this
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city Council Reg. Mtg. Minutes
March 4, 1992
Page 25 of 26
request for vacation of right-of-way is Richard E. Berg. The
proposed vacated strip of right-of-way is triangular in shape
and approximately 200 feet in height and 20 feet at the base
totalling 2,120. It is located 1144 Carr Blvd., just to the
east of the intersection of Carr Blvd., and Lyle Avenue. The
adjoining property to this site is zoned Single Family-One
(SF-1) and has a Comprehensive Plan designation of Residential
0-7 dwellings per acre.
Carr Boulevard has a functional right-of-way classification of
a local access. The City's minimum standard for a local
access right-of-way is a minimum width of 50 feet. The
applicant proposes to vacate a triangular shaped portion of
the right-of-way thereby reducing the right-of-way down to a
point of 50 feet at its narrowest point. The right-of-way
area is not improved with curbs/gutters/sidewalks but
according to the City's adopted standards the 50 foot minimum
allows enough space to develop such improvements at a later
date.
When reviewing the request for right-of-way vacation Council
has to determine whether there is a public need to retain the
right-of-way and whether or not the public interest will be
served by vacating the right-of-way. The Planning Commission
identified that this portion of right-of-way is surplus and
the public interest would served by vacating the right-of-way
and placing it back on the tax rolls. The school District is
currently constructing a new school directly across the street
and are running a stormwater utility line across a portion of
Mr. Berg's property and suggests in the event the City does
vacate the right-of-way perhaps they use that to swap to get
sto~mwater easement across the property. Based on the record
developed, the Planning Commission's recommends approval of
the requested vacation of right-of-way subject to the
following conditions: (1) to compensate the City; (2) reserve
necessary existing and future utility easements.
Richard Bert Jr., 715 9th Street NW, Puyallup, stated he was
present to represent his father Richard E. Berg Sr., and
available for any questions Council might have. He noted his
father is very agreeable to having the stormwater drainage go
across his property.
Public comment - none.
Mr. Overson stated when viewing the subject site it does not
appear there is that much real estate between the present road
and the house. It appears that parts of the improvements for
that lot are actually placed on City property. He questioned
TAPE #1001
City Council Reg. Mtg. Minutes
March 4, 1992
Page 26 of 26
if that was true? Mr. Allinaham stated there is a landscaped
berm that he estimates is in City right-of-way. It is not
uncommon to have landscaping in City right-of-way and surplus
right-of-way is a good place to have such landscaping, mr.
Overson stated recently a property owner in the Manette area
was required to remove her landscaping from City right-of-way
and was perplexed that there was a standard based on "where
you live" in the City. Mr. Allingham described Mr. Berg's
landscaping of being a berm about 3-4 feet in height with
shrubs.
Mr. Colvi~ questioned if that area is vacated then the City
would not have to be concerned about landscaping on the right-
of-way? Mr. ~llingham stated he imagined that may be one of
the motives behind the vacation is to get control of the
landscaping. In the future, the City may not choose to
purchase back that piece of property and disturb the
landscaped area. He emphasized excess right-of-way can be
used as landscaping. President Horton stated if the time
comes when a sidewalk needs to be built is there adequate room
for the road and sidewalk? Mr. Allinqham stated the City
Engineering Department has not identified that as an issue.
Mr. Waibel stated it appears there is a prior vacation to the
north of the subject site which lines up and straightens out
with this proposal. Mr. A11ingb-m stated Mr. Waibel was
correct. He had previously heard that the property abuts a
cemetery and at one time that piece of property might have
been considered for cemetery use.
Mr. Collins stated this property is one of the most beautiful
pieces of property in Kitsap County. He noted this is one of
the few vacations he can truly agree with.
#2011 M/S/C/U(Waibel/Collins) to adopt the Findings Of Fact and
Conclusions of Law of the Planning Commission and approve
ordinance, on first reading, approving the requested street
vacation.
With no further business meeting adjourned at 8:10 PM.
KATH~EN L. McCLUSKEY, City Clerk
ON, Council President
City of Bremerton
KLM/LH/me
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