HomeMy WebLinkAbout05/06/92TAPE #1020
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
#0030
#0046
MAY 6, 1992
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, May 6, 1992,
at 5:30 p.m., with Council President Lynn Horton presiding.
Council members present: Lon Overson, Richard Neville, Eileen
Fitz, Hank Waibel, Morrie Dawkins, Russ Johnson, A1 Colvin and
C.R. "Tiny" Collins. Also present were City Attorney Ian
Sievers and Kathleen L. McCluskey, City Clerk.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Chaplain Ken
Morita of Jackson Park.
President Hotton announced following this meeting Council will
be adjourning to a continued Study Session to discuss a
portion of the overwater park mitigation.
CONSENT AGENDA
A. Minutes Of Meeting - April 15, 1992
#AB92-121
M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as
required by RCW 42.24,080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing that had been made available to the
council.
M/S/C/U(Colvin/Dawkins) on May 6, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 149104 through 149259 in the total
amount of $214,826.98; and Regular Payroll for the period
ending April 30, 1992, in the amount of $587,224.33
COUNCIL MEMBER REPORTS
Mr. Colvin reported he was invited to a meeting held Saturday
by Council Councilman Ron Simms and several other Seattle
civic leaders. At that meeting he met the former Governor of
New Mexico and the topic of discussion was the recent riots in
Los Angeles. The conclusion from that meeting was "two wrongs
don't make a right" - they felt the verdict was wrong as was
the looting wrong. Personally, he felt everyone needed to get
involved in helping to improve relations within our
communities. He believes too much emphasis is given on things
TAPE #1020 UNAPPROVED DRAFT
that "divide" and not enough emphasis on things that unit us
as Americans. He received a call from one of his constituents
saying that some of the rioters and looters were taking the
stolen merchandize back to the owners. He verified that fact
by calling his sister-in-law in the Los Angeles area. One of
the reasons they were returning the merchandise was because of
their Block Watch Program. He noted there is a group of
Ministers in the Bremerton area who are doing something about
improving relations in Bremerton. He invited Council
President Horton to attend the next scheduled meeting of this
Ministerial group.
Mr. Dawkins reported on Thursday evening he attended Bremerton
Main Street's meeting at the Roxie Theater. He was pleased
with recent renovation efforts of that facility.
Mr. Overson complimented the City's Police Department and
Shore Patrol for standing ready to respond to any riotous type
activity over the weekend. He emphasized the Block Watch
Program is an excellent program and his wife works closely
with it in their neighborhood.
Mr. Waibel reported the Bremerton Sunday Farmer's Market
opened on May 3 and is currently locating on 4th Street. He
also visited the newly renovated Roxie Theater and was pleased
with the project and applauded private industry for doing such
a good job.
President Hotton reported on Sunday she attended the Armed
Forces Pageant Tea, which was held at the Shipyard Commander's
residence. She noted there are some very lovely young women
vying for the title this year and felt it would be a difficult
choice for the judges. The Armed Forces Pageant will be held
May 11.
PUBLIC RECOGNITION
MaYor Louis Mentor read the following Proclamation:
1. May 9, 1992, as United States Professional
Association's Across America Tennis Day.
Tennis
Mayor Mentor reported on some of his activities this past
week:
Change of Command USS Sacramento
Roxie Theater Cafe Party
Going Away Party For City Employee Shirley Van Hoover, who
was employed with the City for 16 years.
Rally - sponsored by the Emmanuel Apostolic Church
Coronation Of Miss Maria Clara
Harrison Hospital Charity Ball
Armed Forces Pageant Tea
40 - Years Recognition Celebration for Reverend Bill
Wambsgamss, of Westside Baptist Church
Funeral - Phyllis Kahn
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May 6, 1992
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Mayor Mentor commended the Police Department and their
cooperation with other law enforcement agencies in the County
in putting on a good presence in the City over the weekend in
response to the general unrest that resulted from the
happenings in Los Angeles. He complimented Bremerton Schools
for their sensitivity in handling several "hot spots" as a
result of the riots in Los Angeles.
Betsy Harris, Animal Control Officer, presented the "Pet Of
The Week" - "Amber", a five year old spayed female dog, who
was available for adoption.
Debbie Goodell, Animal Control Supervisor, announced May 3 -
9, 1992, is BE KIND TO ANIMALSWEEK. A Canine Competition and
Games will be held May 17, at the Farmers Market 12:00 (noon).
As part of this event there will be a "barking contest" and a
"howling contest" for the people. Pet licenses for the City
and County will be available at that time. Bremerton Animal
Control hopes to have some type of activity planned at least
once a month at the Farmers Market. On June 14, a Low Cost
Pet Vaccination Clinic (4:00 - 5:30 P.M.) is scheduled.
John Phillips, concerned citizen, stated he had been dealing
with kids, rental property and displaced people all of his
life. He brought with him a child, who has Downs Syndrome,
who is being evicted, along with his mother, from a rental
complex in Bremerton because of the fact she cannot find ample
places for child care/activities. Mr. Phillips volunteered to
help care for this young child and asked management of their
apartment complex if this family would be allowed to stay as
a result of his involvement - their response was NO. He
expressed concern that there are several apartment complexes
in Bremerton, with out-of-town owners, who continually raise
rents and make it very difficult for people to remain in those
complexes due to the high cost. He questioned why will some
rental owners rent to "Section 8" recipients and other not?
He hoped he could get some kind of input at a later date so
that he would know how to help people like the family he
brought with him.
Kevin Bowling, Air Force Recruiter for Kitsap Peninsula,
presented a Certificate Of Appreciation to the City Clerk,
Kathleen McCluskey, for the use of the Cable Access TV
"Character Generator" in placing recruiting announcements
on Channel 29. As a result of posting a notice on Channel 29
that they are continuing to recruit, they have received
several responses.
Glenn Jarstad, 2823 Hefner, related community action and
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involvement during a time of "racial unrest" in 1964, when he
was Mayor of Bremerton, involved the City and a group of black
ministers. They worked out a process whereby whenever someone
from the black community was arrested one of the ministers
would be called and asked to witness the "booking" procedure.
This help dispel some of the problems that were being
experienced. He hoped the City's current elected officials
would take the time to visit their area churches and seek out
their help in making our community a better place to live.
He commended the Council for their courage on their recent
vote on the boardwalk. He was disappointed that there was not
a unanimous vote after having worked through the process of
understanding what was needed to get the job done.
He was not pleased to read in a news article that some Council
members supported the idea that the County Sheriff's
department provide police services in Bremerton. For years it
has been known that the Bremerton Police Department has been
the strong law enforcement agency in the County - they are
today. He emphasized Counties are not given the same funding
resource as cities. He pays the same amount of money to the
County's Sheriff's department from his home and rentals in
Bremerton as he does for his property located in County areas.
He has raised the question why doesn't the County assign the
amount of officers to areas according to the amount of taxes
being paid.
He requested the City set up a study session to discuss the
possibility of the State coming forth with a Bond Levy to fund
acquiring properties surrounding Olympic College, and give
Roosevelt Field back to the City. He could not see voting his
properties in the City of Bremerton for acreage on Bainbridge
Island or South Kitsap. He had other suggestions of open
space projects. He questioned what are we going to do to
unite the people of Bremerton?
6A - CONTRACT FOR 0VERWATER PARK HABITAT IMPACT STUDY, #AB92-
117
The City of Bremerton is nearing completion of an overwater
park along the downtown waterfront between First Street and
the moorage of the Turner Joy. The City is required to
mitigate habitat impacted by this project under its U.S. Army
Corps of Engineers Permit. The first contract to be awarded
to complete mitigation will include study of physical and
biological characteristics of habitat impacted and recommend
various approaches to mitigation.
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Ian Sievers, City Attorney, requested the following wording to
Item #3 COMPENSATION: "Consultant shall bill for its services
on a time and materials basis at the rates set forth in the
Estimate Of Professional Services, included in Exhibit "A" not
to exceed $68.863.72 including tax".
Dave Baker, City Engineer, stated requests for proposals were
sent out to four local area firms and two of those firms
responded. The proposal were reviewed by a Committee of five
and a decision was made to recommend that FishPro Inc., be
awarded this contract for the mitigation process. FishPro is
experienced in this type of work as well as experience in the
early stages of the Boardwalk permitting process.
Mr. Johnson stated Fiscal and Budget Committee reviewed this
proposal and their concern was the City still did not know
what it is that is to be mitigated so the objective and target
of the study is a little hazy. Hopefully, the baseline
information to be collected will help define what the actual
mitigation will be. The contractor appeared to have proper
credentials. The Committee felt the consult should be looking
to provide other alternatives in the report, including such
things as the waterfront development when it originally
started with the first phase as the separation of storm and
sanitary sewers and elimination of pump stations that had
major overflow problems in that area. That effort improved the
water quality and contributed to clean up of Sinclair Inlet.
Also, the City's work on Lions Field beach and the separation
of sewers in the Park Avenue area will directly affect the
quality of Sinclair Inlet. The Committee also felt the report
should include some information of similar projects done in
other areas of Puget Sound which could be applicable in
Bremerton. In regard to funding, the Fiscal and Budget
Committee recommends no additional funds be appropriated to
the project until the funding is stabilized and it is known
what kind of dollars are needed, which may make a difference
as to what they might recommend. There should be sufficient
cash within the project to actually pay the bills when they
come in. Mr. Johnson pointed out the following statement in
the agreement: "As an alternative to the City's Scope Of Work,
we have proposed the preferred alternative of forgoing
environmental data collection this year and are proceeding
direction into design development at the Evergreen Park Site.
Our approach would be based on desiqn criteria ..... ". He
questioned how did we get to the preferred Evergreen Park site
when the proposed study was a Epibenthic baseline study? He
could not recall that Council had voted that Evergreen Park
was the preferred alternative. He also raised the question
about things growing better under a pier than along the
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shoreline? Wayne Wright, Environmental Manger of FishPro,
Inc., stated when their firmreceived the request for proposal
they had only a couple of days to put the proposal together.
The project they were previously involved in was developing a
Mitigation Plan for the overwater park with the Planning
Department. They successfully negotiated a mitigation
approach and plan without any drawings except for some
engineering sketches on the back of a matchbook and the City
was granted all permits for the project. That was a rare
occurrence and was predicated on the fact that the City was a
municipality and the promises were made that certain things
would be accomplished within a certain time frame. After that
point, the Evergreen Park proposal came and new request for
proposals were sent out - their firm was unsuccessful in
receiving that award and their involvement stopped. His firm
was not familiar with what had happened since, but when they
received the recent request for proposals they called several
agencies they had worked with before, National Fisheries
Service, USEPA and Department Of Fisheries. All three
agencies were still very interested in seeing what was
originally proposed at Evergreen Park. It dovetailed with
other data they were using in developing their proposal for
baseline Epibenthic information. Such baseline information is
suppose to be collected in March/April/May not May/June. As
stated in their proposal, given the contracting, negotiations
and the fact that the agencies have to approve whatever
sampling plan is developed, it is doubtful the City would get
a very good baseline set this year. The question arose at
FishPro that maybe there will be a way to save the City time
and money - that would involve going back to the original plan
at Evergreen Park and getting into some design development and
getting the agencies back onto the same road map as previously
identified, which was let's get this mitigation taken care of
by a shoreline that is already in dire need of work and
dovetail two good projects. All three agencies he talked
with, when setting up his proposal, agreed it would be a good
approach. FishPro can develop design criteria from other
projects. That approach was a little different than what was
requested. His preferred alternative approach, in his
personal judgement without knowledge of what had already
happened, was to set an open end contract with the City and
work directly with the agencies on task order basis and jump
right into design at Evergreen Park. Next year, after
construction of the Evergreen Park project, they would pick a
reference site, which would be similar to the overwater park
or could even be the overwater park behind the area that will
be moved off shore 60 feet, and monitor both the mitigation
and a reference site at the same time and compare the two
numbers. Because of the riprap beach, there is a good
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possibility that the numbers could come out in the City's
favor. If it does not, then negotiations have to occur and
some other adjustment may need to be made.
Mr. Wright noted there is a Corps of Engineers submittal date
of August. To do baseline collection, they would not have the
data analyzed until the end of July and to write the kind of
report and develop some kind of conceptual design that is
required by the August deadline would be difficult. In light
of all the information he had quickly assimilated, it was
recommended that perhaps Evergreen Park be considered again.
Mr. Johnson emphasized he would not vote for an "open ended"
contract of any kind for this project. He expressed concern
that he thought the proposal was for a baseline study to find
cost effective alternatives and not take on doing some type of
fantastic project at the park that may or may not keep the
Corps happy. The Corps will not commit to what it is they
want to mitigate.
President Hortonquestioned if she was correct that the City
cannot assume the data will be complete enough for the Army
Corps of Engineers to say we are on the right track at that
point? Mr. Wright stated that was possible. There is very
solid criteria developed by USEPA for doing these kinds of
studies, which specifies spring months. It is similar to a
plankton bloom - the bugs grow in big burst and come mid-May
late June then decrease and go to a very basic level and do
not provide a good estimate of the total productivity.
Information can be collected in May/June and as it states in
the proposal, under the alternative that responses to your
specific request, that would be your new baseline. They would
tie whatever you do with wherever it is done to that baseline
of May/June. There is a high level of variability year-to-
year and it is likely there will be several years where the
City may not meet baseline requirements simply because of the
type of baseline started with. In some years you may be way
over and other way behind...and such variance can be based on
temperature, solar illumination, rain fall, and all things
that influence the aquatic environment of Puget Sound.
Generally, baseline studies are set up in March and every two
weeks in March/April/May data is collected for the whole
growing season. This would give a much better average
estimate of productivity. Studies done in later months are
more challenging and that was one of the reasons the dive
survey was included. Mr. Johnson noted the objective was to
get the permits from the Corps of Engineers and keep them
happy. Mr. Wright stated the Corps will not issue a permit
until the City has something on paper that details what will
be done and where it will be done. Consideration must be
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given as to the time it takes to develop that detail. In
order to clarify some points, Mr. Wright noted the whole goal
of the proposal was to determine what is the most cost
effective and quickest way to get the overwater park project
back on track and totally permitted by the Federal government.
He felt there were several ways to do that, but it starts with
a solid agency meeting to discuss how to get the mitigation
done properly. He has a technical approach that includes
everything that was requested and is ready for submittal as
is. Mr. Johnson stated he was trying to separate the
Evergreen Park project, which is a desirable project, however
he did not want to break Bremerton's "bank" as a result. Mr.
Wright felt that could be achieved.
President Hotton questioned since we are missing the "window"
of the growing season and the study is done with 4-6 weeks
worth of data, what if the Corps comes back and states this is
insufficient data, where does that leave us? Mr. Baker stated
that was the reason the City needed to meet with the Corps and
other agencies to find out what they will and will not accept.
Mr. Collins stated he thought that had already been done. Mr.
Baker stated the agencies had never said what they will
accept, except for the process, which is what is getting
started at this point - hiring a consultant to find the least
expensive mitigation for the City. Mr. Slevers stated if the
agencies find this data survey insufficient because of the
time of year, the City certainly won't be held at fault like
we were last time because the Corps has agreed to a schedule
and they knew the time of year when they couldn't have
expected the City to get an expert and start studying any
sooner than we have. If they are convinced by their agencies
that they need more sampling next year, he guessed they would
be faced with modifying the permit again. Mr. Johnson added
and "sending us the bill again". Mr. Sievers stated that was
a good point too, maybe the agency is bound by the 120 days
that fall from whenever the Permit was reissued and what data
could be collected during that window would be what mitigation
was based upon. Mr. Colvin questioned if the Corps Of
Engineers had given the City specific date deadlines? Mr.
Baker stated yes, in the newly issued Corps permit there are
some dates at which time the City needs to be have information
gathered and submit an application for permitting of the
mitigation; and then there is a certain time period after that
the mitigation has to be completed.
Mr. Waibel pointed out next to the covered overwater park
area is a similar uncovered tideland having a similar
shoreline and slope. He believed some kind of comparison
between those two areas could establish, veryquickly, whether
or not the covered area had been adversely affected. He
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questioned what would happen if it was found that the area
covered had a greater productivity than the uncovered area?
Mr. Wright stated it was a safe bet that Epibentic production
will be "zero" under the boardwalk in the total shaded area.
Epibentic needs sunlight to grow. In their original thoughts,
prior to preparing the proposal, they did want to study the
shaded area and unshaded areas - it would require a doubling
of sampling effort to get a set under the shaded area and
comparing it directly to the sunlight portion. In all
likelihood there would be no production, or very little, under
the boardwalk shaded area and a reasonable~ amount of
production along the riprap shoreline outside of the beach.
The agencies will hold the illuminated area as the baseline
because that was what the area looked like prior to being
covered by the boardwalk. Rather than sampling under the
boardwalk to collect the baseline and do the substraction
method, which is very reasonable to do, they cut their
sampling effort in half and focus on only the illuminated
portion as the baseline. That was why the Epibentic work was
only on the illuminated zone - saving money and time. The
Dive Survey is included in order to look at the macroalgeas
because there will be some of that growing with the reduced
illumination. There is a good growth of kelp along the
riprap. Mr. Walbel questioned what made Mr. Wright think the
agencies would not require the above described comparison?
Mr. Wright stated the agencies would probably let the City do
it but would not "make" you do it because it did not make any
sense scientifically as far as setting the baseline. The
baseline is what is being produced on that beach right now
that will have to be made up somewhere else. Mr. Waibel
stated with the movement of the sun there may be areas getting
sunlight under the boardwalk and possibly the City would only
have to make up half of the productivity lost. Mr. Wriqht
stated they could make such a study, however, they took a
different approach to save time and money in setting a
baseline and assumed there would be close to "zero"
productivity under the shaded areas.
President Hotton noted since that area is one of the more
contaminated areas around, she questioned what was the
possibility that the baseline is virtually nile because of all
the contamination? Mr. Wriqht stated he had already done a
sediment sampling in an area close to First Avenue and the
sampling came back fairly clean with only a few hints of
metals. It was not as bad as the Sinclair Inlet Study that
was conducted further off shore on the other side where the
ferry comes in and out. Even in the most polluted areas
Epibentics can grow and flourish quite well.
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Mrs. Fits questioned if this contract was approved, how soon
could Mr. Wright meet with the agencies involved? Mr. Wright
stated he would call the next day and set up a meeting as soon
as those agencies could come together. Fish Pro has all their
equipment available and ready to start tomorrow.
Mr. Johnsonquestioned if there was any type of "plant/animal"
life under the dock near the Wheelhouse Restaurant? Mr.
Wright stated the Epibentic productivity would be very low or
close to zero. Mr. Johnson questioned if that wasn't
something similar to what the City should be doing? Mr.
Wright stated what the agencies want is the production of
salmon food. The reason Epibentic productivity is so important
is the tiny bugs the baby salmon eat. Overwater structures,
piers, and pilings that cast shadows reduce that productivity.
Right now the agencies are requiring that be compensated for
in mitigation. It is his understanding that the Corps of
Engineers has asked the City identify the baseline
productivity at the impacted zone and to mitigate for that
loss somewhere else. The amount of area and the amount of
productivity to mitigate is still open for negotiation. Mr.
Johnson stated the Corps had never committed to the City that
was what they wanted. Mr. Wright stated from the original
negotiations the Corps committed to the Evergreen Park
mitigation concept, completely. They signed off on it 100%
and expected it to go to design and construction and completed
by March 1992. There was no mitigation monitoring but rather
monitoring later on and not tied to a baseline productivity.
That was agreed to and signed off by all the agencies and that
was what he was requested to do by the City at the time of his
earlier involvement. President Hortonquestioned just because
the City did not meet their schedule are we now being
penalized? Mr. Wright stated that was what he understood.
Mr. Johnson questioned if Mr. Wright had the above mentioned
information in writing? Mr. Wright stated the City had a
Corps permit issued to start the overwater park, which stated
specifically when the mitigation was to be completed.
President Hotton stated Council had the understanding that the
City never exactly knew what it was suppose to be doing. Mr.
Wright stated he had an extensive file on this project. At
the time they left the negations in October 1991, that was the
plan. He had never heard of another project having that kind
of consideration given to it without a design mitigation beach
and all the studies done up front. In his opinion, by not
meeting the schedule originally set, now the City is getting
the exact "by-the-book" approach, which is establish the
baseline, develop the design, negotiate everything and monitor
it for 7-10 years to insure the City is meeting mitigation
requirements. Mr. Waibel questioned if the City had come up
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with a design that said we'll pick up all the cement that was
dumped and throw some gravel down that might have done it?
Mr. Wright stated the Corps "bought off" on a concept that had
fairly detailed sketch associated with it
and the way it would look once the parking lot was dug out.
President Hotton noted that concept was originally between
$160 - 200,000. Mr. Wright stated not by FishPro's estimate.
Mr. Colvim questioned if FishPro had given an estimate? Mr.
Wright stated after their engineers visited the site, they
came up with a rough estimate that was much lower than what
President Horton quoted. That was what predicated his
"preferred" opinion. He gave an example of a project for the
Port Of Seattle..."Lunch Table" - Epibentic beach by terminal
106 - designed for $8,000 (1200 feet long and 30 feet wide)
and cost $30,000 to construct. They were planning a more
holistic habitat at Evergreen Park, with structures, boulders,
digging out the cove, etc. How much that included and how
wide it was to be was yet to be designed and negotiated as
they went through the process. Mr. Waibel questioned if Mr.
Wright felt that design would meet mitigation resulting from
the baseline survey? Mr. Wright stated after a few
discussions he had with technical individuals that are driving
the mitigation, he believes there is a strong possibility the
City could forego all baseline work saving $68,000 and spend
that same money in design, obtain a better construction
estimate, obtain agency approval and do the monitoring later
at a much better scientific approach and meet all mandated
schedules.
President Hotton stated if the termination clause in the
contract was modified to reflect the meeting that will occur
with the agencies and if it appears, at that point, what we
need to do is different baseline studies she would like to
more forward as quickly as possible. She wanted to forego the
30-day written notice termination clause and be able to move
quickly if the Corps agrees that mitigation can be done at a
lesser cost. Mr. Colllns suggested using a very short
Professional Services contract with Mr. Wright to find out
what the City must do. Mr. Sievers stated he did not want to
shorten the termination date but felt the same result could be
achieved by requiring that after the completion of the task,
as listed under Estimate Of Probable Cost, the Project Manager
must give approval to move on to the next task. The first two
tasks would be Project Orientation - to allow a meeting
between FishPro and the City and Agency meetings. If the City
gets a result or different conclusion, he would not have
approval to move forward on any other task and that would be
the end of the contract. Mr. Oversonquestioned if Mr. Wright
could then come back to Council after that meeting and discuss
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with Council the results of the meeting with the agencies?
Mr. Sievers stated he was sure Mr. Baker would take that as a
directive before he gave the OK for tasks beyond Task #2.
Mr. Waibel questioned the length of monitoring in the new
permit? Mr. Sievers stated the City has an obligation to
provide planned monitoring and monitoring. Mr. Waibel
questioned what will we monitor against? Mr. Sievers stated
we would monitor the success of the mitigation project after
construction, and on the original baseline studies. The City
provided a cost figure for monitoring for five years. Mr.
Waibel stated then the permit is based on getting the baseline
information whether we can do without it or not. Mr. Sievers
stated he did not believe they would abandon monitoring. Mr.
Johnson emphasized the result of the meeting with the agencies
should be reported directly to the City Council and Council
gives the "go" or "no go" or what alternative is selected.
Mr. Wright stated there are several things to keep in mind (1)
cost - in the technical approach there is a statement whereby
the cost may be adjusted based on final determination of
mitigation requirements. What is presented at this time for
a technical approach is the best guess he could do without
promising anything on behalf of the City but what could be
approve tomorrow. He felt the cost was high with respect to
that particular procedure. His goal would be to not show them
any of that information or cost, but take it in a piece at a
time and negotiate it down so that the City would not have to
do any unnecessary studies. With respect to doing any out-of-
sequence task, that would be easy to follow due to their being
flexible within their contract language.
Public comment - none.
M/S/C/U(Waibel/Colvin) to approve the proposed contract
modifying current task #4 to task #2, moving 2 and 3 down to
become 3 and 4 and before the next task is done the City
Council would be apprised of the need for it and have a chance
at that point to advise further tasks if necessary.
Mr. Johnson questioned if it was intended that the new task #3
would not be started or any funds expended against it until
the City Council gave its approval. Mr. Walbel stated that
was correct.
Mr. Baker stated the first two task are on an hourly basis of
time used.
Motion carried unanimously.
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6B - REQUEST TO FILL VACANT POSITIONS - ADMINISTRATIVE
SERVICES/CITY CLERK~S DIVISION, #AB92-122
Due to recent resignation of the Office Assistant Senior in
the Purchasing Division and Office Assistant I in Business Tax
and Licenses, I have the need to fill both positions. The OAI
position primarily handles the public counter and PSNS license
campaigns. These campaigns resulted in 300 new businesses
over the past year equating to over $80,000 in tax revenue.
The position needs to be filled with a full time OAI. The OA
Sr. position primarily assists the Purchasing Agent. In light
of budget concerns, I am requesting that we replace the OA Sr.
position with an OAI permanent part-time (20 hours per week).
This will save $7,882 in 1992 and $18,842 in 1993. The effect
of this reduction will be that the Purchasing Agent and other
clerical staff will assume various duties previously performed
by the OA St. The part-time position will provide coverage
for breaks, lunch and vacation (hours 10:00 - 2:00) and will
continue to process purchase orders and perform other clerical
functions as assigned. The resignation of these employees
provided me with the opportunity to institute budget cuts
without affecting existing employees. There is an existing
OAI Civil Service register available from which to hire. The
City Clerk's Department can not function effectively below
this staffing level.
Kathleen McCluskev, City Clerk, noted Council Fiscal and
Budget Committee recommended approval of this proposal.
Public comment - none.
#3029
M/S/C/U(Fitz/Johnson) to approve hire of one full time Office
Assistant I and one .5 Office Assistant I.
TAPE #1021
6C - L.I.D. PETITION ALLEY FROM 11TH STREET TO 13TH STREET
BETWEEN RAINIER AVENUE AND BLOOMINGTON AVENUE, #AB92-123
The attached L.I.D. petition was received from residents in -0
the area of the alley from llth Street to 13th Street between
Rainier Avenue and Bloomington Avenue on April 24, 1992. The
preparation of a preliminary assessment role requires a
significant amount of Engineering work. It is City policy to
determine Council interest in the L.I.D. prior to directing
Engineering Department to expend time on preliminary
assessment. If Council chooses to proceed, a hearing will be
set by resolution at a later date, notice will be sent to all
affected property owners and the hearing will commence on the
preliminary role at that time.
0028
TAPE #1021
City Council Reg. Mtg. Minutes
May 6, 1992
Page 14 of 17
Public comment - none.
Mr. Overson questioned the cost per individual? President
Horton explained Council would be setting into motion the
process to determine such costs.
M/S/C/U(Collins/Dawkins) motion to direct the City Engineer
to prepare PreliminaryAssessment Role for the alley from llth
Street to 13th Street between Rainier Avenue and Bloomington
Avenue L.I.D.
7A - ORDINANCE NO. 4359 (SECOND READING) VACATION OF MARINE
DRIVE OFF-RAMP, #AB92-024
On October 31, 1991, the City of Bremerton received a petition
for the vacation of the Marine Drive Off-Ramp.
The proposed vacation area is 9,432 square feet of the Kitsap
Way and Marine Drive intersection. The proposed vacation is
requested in order to facilitate a trade of real estate which
is essential in redssigning the intersection for improved
public safety. The City Planning Commission has held a
hearing and has recommended the Council approve this request.
The City ordinances require the legislative body to determine
if there is a public need to retain the right-of-way; if the
public interest will be served by the requested right-of-way
vacation; and protection of utility easements.
Kathleen McCluskey, City Clerk, stated first reading of this
Ordinance took place on January 29, 1992.
President Hotton reported Council did discuss the intersection
of Marine Drive and Kitsap Way at a Study Session on May 4.
Although this vacation and second reading of the Ordinance
does not impact the construction of that intersection, Council
did ask staff to come back with cost estimates of some of the
features of the intersection and to meet with some of the
pertinent property owners/businesses/residents and work on the
design and then to come back to Council once all of that was
done.
Mr. Overson stated there had been concern among constituents
that as a result of this action Arnold's Furniture is "getting
a good deal". He questioned if it was a fair swap of
property? President Horton stated no, the RCW states that for
vacated property the purchaser can acquire that vacated
property at half of the regular assessed value. By vacating
the street and then doing the swap, the City essentially
receives half of what it would get if the RCW was not in
TAPE #1021
City Council Reg. Mtg. Minutes
May 6, 1992
Page 15 of 17
effect. Terrie Hartson, Municipal Services Coordinator,
stated the appraisals showed that the City property being
traded is worth more than what the City is receiving, but
since Mr. Erickson owns property on both sides of the street,
the RCW deems he is allowed to purchase that property from the
City at half the market value. The City is getting a $30,000
better deal than if it was just an even trade. The reason the
City's property being traded is so much more valuable than
that being received is the fact it will increase Mr.
Erickson's entire piece of property. The City is not entitled
to the full market value. Mr. Waibel stated the City is
entitled to swap land at whatever best way it can. Mr.
Erickson is not required to pay the full amount, but the City
is not required to vacate that land either. Mr. Colvin
requested the City Attorney comment on Mr. Waibel's last
comment. Ian 8ievers, City Attorney, stated there is some
variability and not always one half the value if the property
was acquired through eminent domain. He could not recall how
the sweeping portion was originally acquired, however, his
recollection was that when the Annexation Agreement was made
with Arnold's the dollar values were fairly close and there
were some other considerations, certainly part of the
consideration was the agreement for annexation. He would have
to go back and look at the acquisition record in order to say
whether it should be one half or 100%.
Mr. Overson noted the City was giving 18,000 sq. ft., and
receiving 6,500 sq. ft. Mr. Waibel noted Mr. Erickson was
increasing the value of his parcel and the City was receiving
land for an intersection...that did not sound like "half" to
him. Ms. Hartson stated the trade of properties was included
in the Annexation Agreement, which Council approved on October
10, 1991.
Mr. Johnson noted it seemed to him that you could call it an
investment of $12,000 for an incredible amount of B&O Tax on
commercial property over the next few years and seemed
reasonable to him. He expressed concerns that during
Council's Study Session individuals brought up information
about a dispute over property lines along properties across
the street from Arnold's. He questioned if the City was
absolutely sure that the legal descriptions included in this
proposal were correct? Mr. Sievers stated yes, this legal
description defines pieces from the center island the City
needs regardless. Technically, if the surveys on the opposite
side of Marine Drive are messed up in some way that the City
requires more right-of-way, then the City would have to go
back and negotiate additional purchase or condemnation of more
property from the island. He did not feel that the survey in
#0507
TAPE #1021
City Council Reg. Mtg. Minutes
May 6, 1992
Page 16 of 17
question on the opposite side of Marine Drive would adversely
affect this proposal, if in deed it proved to be different
than what the City currently shows. President Herton stated
it was not the legal description that was in question, it was
where the streets were marked by the City.
Mr. Co111ns questioned if this land should be given up right
now considering the concerns expressed by the property and
business owners over the proposed design of the intersection;
or should it be given after the final design is approved? Mr.
Colvin pointed out that the discussion at this time should
only address vacating the off-ramp. Mr. Johnson also pointed
out an Annexation contract had been negotiated and approved by
the City agreeing to vacate the off-ramp. Mr. Collins
expressed concern over the possibility that the City may
needed 5-6 additional feet in the island area. President
Horton questioned the assessed valuation of both pieces of
property. Ms. Hartson stated she did not have that
information with her. In reference to the possible boundary
dispute, she did not think it was going to be a big issue and
the City felt confident they had marked it correctly after
given it further review. The parking spaces in front of the
R&H Market are in City right-of-way and the owners of that
property did agree to give it back to the City when it was
needed.
Wanda Mosbarger, Valley Drive, reiterated her concern over the
closure of Sundown Drive, making Lower Marine Drive the only
access to and from the valley. Additional development of that
area has been approved and she was concerned that something
needed to be done about the condition of Lower Marine Drive in
order for it to take on added traffic impacts. President
Hotton stated Council did request staff to bring back to them
the Six-year TranSportation Plan so that Lower Marine Drive
could be included on it.
M/S/C(Johnson/Colvin) to pass Ordinance No. 4359 on second
reading, vacating a portion of Marine Drive at the
intersection of Marine Drive and Kitsap Way.
Vote:
In Favor:
Opposed:
Overson, Neville, Fitz, Waibel, Horton
Dawkins, Colvin, Johnson
Collins
Motion carried.
TAPE #1021
City Council Reg. Mtg. Minutes
May 6, 1992
Page 17 of 17
With no further business meeting adjourned at 7:32 p.m.
~~~T~LEENLqN~~.Mc~City Clerk
L~RTO~,~cil President
City of Bremerton
KLM/LH/me
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