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HomeMy WebLinkAbout04/18/90 TAPE 9724 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES APRIL 18, 1990 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4TH Streetp Bremerton, Washington, Wednesday, April 18, 1990 at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were Lon Overson, Wayne EStes, Spencer Homing Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge o~ Allegiance led by Council President Horton and Invocation was given by Reverend George Brown of the First Methodist Church. CONSE~AGENDA k. Minutes Of. Meeting - April 4, 1990, 9AB90-071 B. Change Order No. 3, Sched_U~e A - Central Bremerton Wasteweter Improvements P~ject (C17), Contract ~308T (OIFmpi= Western, Itc.), 9AB90-072 C. Change Order No. 3, Sched%tle B - Central Bremerton Wastewater Improvements Project (C17), Contract 93088 (Sheldup Construction Co.), %AB90-073 D. Change Order No. 3, Schedule C - Central Bremerton Wastewater Improvement Project (C-17), Contract 93089 (Volker-Stevin Pacific, Inc.), 9AB90-074 59 M/S/C/U(Waibel/Collins) to approve Consent Agenda as presented. CI~AI~fS/C~IECK REGIS~S 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 which has been made available to the council. 68 M/S/C/U(Colvin/Dawkins) On April 18, 1990 the Council does approve for payment those checks included and further described as follows: 108062, 108063, 108064, 108065, 108426 through 108621 in the total amount of $517,680.25. COUNCIL MRMBEK REPORTS Mr. Estes reported the alley between Elizabeth and Park {13th & 15th) had been cleaned up and he was told by residents, in that area, the suspected drug dealer in their neighborhood had moved away. He noted the residents of Westpark are actively cleaning up their area and are working toward becoming a model for the City TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 2 of 24 so far as not tolerating drug dealing within their area. Mr. Hor~in~ extended a special "get well" to Dave Baker, City engineer, who had been hospitalized recently. He reported ~hree Council members attended the Council Coalition dinner/meeting, held Tuesday, April 17, and hosted by the Winslow Council. The program topic for the evening was solid waste management and recycling. Last saturday Mr. Homing participated, along with Council President Horton and Ma~or Mentor, i~ the' Neighborhood March at 6th and Pennsylvania. He no.ted the care an~ enthusiasm the people in that neighborhood are exhibiting toward one another should be a model for all of the citizens to use. He encouraged all of the neighborhoods in the City to do something similar to this type of activity and suggeste~ a "unified march" sometime this summer where all the neighborhoods make the same sort of exhibit and march to a central location, such as Olympic College, joining together showing that "we don't expect drugs or drug dealers to stay in Bremerton and if they don't leave then a way wili be found to get rid of them". .i~ Mr. ~oh-sou noted the CounciI~Coalition meeting was ad important meeting, i~ particular Annie ~reenw&ld's message about the short time line for implementing the'Kec~cle and Waste Not Washington Law and the impact that will have on the public within two years. Mr. Colvln thanked Ms. McCluskey for providing the cost breakdown for the One Stop Permit Center remodeling project. Mr. Dawkins announced May i as the starting date for passenger-only ferry service-and the inaugural run scheduled for April 20. He noted how pleased he was to hear young,strong voices joining in during the Pledge Of Allegiance at the beginning of the Council meeting. Mrs. Horton stated she did participate in the-Neighborhood March April 14, and feels the message has to be that "we all have to unite against drugs". PUBLIC RECOGNITION Ma?or Louis Mentor stated as a follow up to the 6th and Pennsylvania Neighborhood March he had a meeting with a group of 20 people from that area on Monday afternoon and was presented a petition of 240 signatures regarding "drug free Bremerton" and at that time they explained what they are trying to accomplish. On Sunday, April 15, he attended the Easter Egg Hunt held at Forest Ridge Park, sponsored by Elks and Eagles organizations, which was well attended. MaFor Louis Mentor read Proclamation recognizing America's greatest TAPE ~724 City Council Reg. Mtg. Minutes April 18, 1990 Page 3 of 24 national resource is its volunteers and the human resources they devote toward a heaIthy, productive and humane society. Mayor Mentor proclaimed it is fitting to recognize our volunteers when the nation is observing NATIONAL VOLUNTEER WEEK. Terr~ Hartson accepted the proclamation. Mayor Louis Mentor read Proclamation calling attention to the educational service programs presently available to our young children and to those voluntary professional groups whowork to improve the quality of these program. And, Mayor Mentor proclaime~ April 15--21, L990 az WEEK OF THE YOUNG CHILD~ Barbar& Mitchell accepted the proclamation an~exDlaine~ the Week Of The Young Child is. a celebration of children and she introduced Chelsie, Kelly, Heather, Tony (all children), who passed out brochures which explains the importance of quality early childhood programs for young children.- MaYor Louis Mentor read a Proclamation recognizing the organization of the General Federation Of W~omen's Clubs on April 24, 1890', dul~ chartered bF President Willi~ McKinley and_ the United States Con~res$ on March 3, 1901; as well a~ ~heir extensive contributes as volunteers throughout the n~tion. Mayor Mentor proclaimed April 22, 1990 as GFWC CENTENNIAL CELEBRATION DAY. Laura Guerra accepted the Proclamation and thanked the Mayor for recognizing the GFWC. Reverend Job- Eichm---, Bremerton Servicemen's Center, read into the record a letter of appreciation to the Mayor,' City Council and City Departments, for their assistance in helping to make the Former Prisoner Of War Recognition Day Services at Bataan Park on April 7, a very successful event. MaFor Mentor accepted the letter and noted the service was a beautiful and patriotic program and he felt it was an honor to be part of that day. Dust~Rhodes, 2513 Reid Avenue, read into the record three letters, his own, Austin Johanson - 2518 Stephenson; Beverly Baldwin - 422 Lebo Blvd., all relating to distructive activities taking place on Lent Lane. Mr. Rhodes's letter referenced two incidents of individuals draining oil out of their vehicles on the ground in that area, littering and dumping of garbage, etc. Along with the letters Mr. Rhodes provided pictures which shows debris and spilled oil. He noted most people do not realize this area is a park and provides access to the water. He stated he would appreciate any help the City can give to help clean up that area so that it may be enjoyed by all. President Horton requested the City Clerk to forward this information to Mayor Mentor and request some recommendations from staff as to how this area could be cleaned up. Del Knauss, Olympic Avenue, stated a few months ago the citizens TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 4 of 24 passed an ordinance (by ballot) to protect the City's parks and he felt the issue of selling Roosevelt field was no longer a viable issue. However, about three weeks ago he received a phone call from a resident who shared the information that Olympic College was conducting a phon~ survey as to what should be done with Roosevelt Field. Such questions as: should the College expand, where did the resident reside, etc., were asked by the caller. He obtained a copy of the questions from the College and learned the firm of Sampsons & Connors of Seattle wa~ hired to conduct the survey. He emphasized the fact th&t 13 of the questions, asked dealt with whether or not Roosevelt should be condemned and turned into a marking lot. He brought this information to the City Council to make them aware of the activity being carrie~ out by the College. He pointed out it wouI~ be fine for the College to conduct a phone survey requestin~ input on how to solve their parking problems., but he did not feel it was right that theI identified acquiring Roosevelt Field as a viable subject to include in the survey. Don Larson i35 Rainier Avenu~. spoke i~ support of Earth Day - April 22. He shared informatibn obtaine~ from an article printed in the Smithsonia~ Institute. He-shared his vision of capitalizing on Bremerton'~ Navl~histor~ thxough better acces~ to inactive ~avy ships bF touristan~ searchin~all avenues for fun~ing sources for a variety of public programs. Also, he is still having a problem with Brem-Air Disposal, Inc., in relation to the "minimum charge" amount of $1..75 and they have continued to bill him. President Horton requested Mr. Sievers, City Attorney, to report back to her on this issue. Terry Hartson, Bremerton Together Coordinator, stated Earth Rally in Bremerton has been going on since April 14. Ken Brees, Street Department Superintendent, has been ver~ busy getting rid of all the discards being droppe~ off at the Sheldon Blvd., lot. She has been having some large groups o~ people working in the downtown area including volunteers from Bremerton Christian School, Bremerton High School, Olympic College, Bremerton Rainbow girls, Bremerton Demolay boys, over 100 volunteers last week. This week clean up activities will include painting the concrete walls at City Hall Park. Work crews for this project will come from the USS California, USS Nimitz, USS Monroe and USS Bates, along with representation from Bremerton High School Leadership Group. At noon workers will be hosted by the Bremerton Service Men's center and Manette Community Church. Over the next month there are several clean up parties planned - cleaning the parade routes for both the Kiddy' Parade. on North Callow and the Armed Forces Day Parade...with additional crews scheduled for after parade clean up. Planning is underway for a East Bremerton clean up, utilizing the business owners and managers in that area. TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 5 of 24 President Horton announced Item 6F would be heard prior to 6A. 6F - CONFIRMATION OF APPOINTMENTS TO PARKING COMMITTEE, The recently adopted Parking Plan required that a Parking Committee be established. The following citizens are recommended for appointment: 2 ~ear term - Commuter - Gary Lewis 2 year term - Business - Larry Soriano L ~ear term - Business - Ross. Hibler 3 year term - Citizen - Del Knauss · year term - Citizen - Andy Parypa i year te~- Citizen - Elizabeth Buell i ~ear term -- Citizen - Hank Clark 3 ~ear term - Citizen - Roger Oraker 3 ~ear term - Citizen - Joe Crawford MaFor Louis Mentor stated this is a new Committee formed by the Council and he request Council, s confirmation of those so named.. Public comment invited -nonei%eceived. 41 M/S/C~U(WaibeI/Colvin) to' co~fi~, the appointment of the above named individuals to the Parking Committee. 6A - CONTRACT FOR CONCESSION S~VICE AT LIONS FIELD AND ROOSEVELT FIELD, ~AB90-075 Invitation to bid for Food-Concession service at Lions and Roosevelt Fields went out earlier this spring. One bid was received and opened on March 12, 1990. Darryl Erickson of Crazy Eric's Food CompanF originally had bid on Lions Field only. He has since agreed to provide concession services at Roosevelt Field during the-1990 softball season° Vicki Vanneman, Parks And Recreation Director, stated the only irregularity about this proposal is that Mr. Erickson has agreed to provide concession service at Roosevelt Field for just one year. The length of the contract, as originally written, was for three years, however, they had difficulty finding someone to take on Roosevelt Field for that period of time and finally asked Mr~ Erickson if he would be willing to reconsider his bid, which he did, but was only willing to take on Roosevelt Field for one year. Public comment invited - none received. Mr. Dawkins noted from past experience unless there is a professional person running the concession stand it just does not work out very well. TAPE $724 City Council Reg. Mtg. Minutes April 18, 1990 Page 6 of 24. Mr. Waibel questioned hours of operation 5:30 - 10:30 PM...did "or last game" mean until 10:30 PM or last game? Ms. Vanneman stated if the last game is over prior to 10:30, or a rain out or forfeit happen, the concession stand would close prior to 10:30 PM. Mr. Waibel suggested including in the motion directing the Parks Department to post these hours. ~ 53 M/S/C/~(Dawkins/Colvin) to award contract for Food Concession services at lions Field and Roosevelt Yield to Darryl Erickson of Crazy Eric's Food. Company. 55 M/S/C/U(Waibel/ COlvin) to direct the Parks Department to post the hours of operatio~ from April through September as listed in Section 5 of the contract. Vote-on original motion: Unanimous vote in favor° 6B - CONT~ACTEXTENSION FLE~TM~INT~NANCECON-rKACTSERVICES, ~AB90-- 076 '~ The City of Bremerton. entered toe contrac~ wi.th Ryder for fleet maintenance services in November, 1986. I~ October a bid call was initiated for a new contract, k~hree bids were received and Ryder was the low bidder. Negotiation= commence~with Ryder. During the negotiation process it became apparent that the potential construction of a public works complex in the next 12-18 months and the desire o~ the City to assume in-house operation of the fleet maintenance function created a problem with re-contracting at this time. At the Study Session of 4/2/90, Council informally concurred that an extension of the Ryder contract for one year was appropriate at this time, so that long term decisions affecting fleet maintenance could be made in the interim. Ryder was contacted and has submitted the enclosed proposal for extension in the amount of S482,%38. This proposal provides for the same service levels presently provided and extends coverage to vehicles not previously included. It includes 14 Bremerton Housing Authority (BHA) vehicles and six Bremerton Fire Department trucks. BHA reimbursement to the City includes parts at cost and labor at $40/hr. The price for operation in 1989 was $458,907. the proposal is for the period 3/1/90 to 2/28/91. Public comment invited - none received. Mr. Joh-so~ stated he supported the proposal, however, he pointed out it was. his belief that it was the intent of the City to extend this contract so that it can be assured there is a clear and open competitive process for operation of the City garage. He expressed concern that somehow the Agenda Bill talked about the desire of the City to assume in-house operation of the fleet maintenance function TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 7 of 24 and he was not aware of such a statement nor was he interested in even considering it. Mr. Overson questioned if the contract being extended requires the contractor to provide an automated record of vehicle maintenance? Steve Nichols, Fleet Maintenance Manager, stated his superior has been working with Mr. Hanna, City Treasurer, on this issue and he was unaware of the final outcome of their discussions. During discussions it was suggested that Ken Brees, Street Superintendent, provide a computer to be in-house for the garage~..and to his knowledge, that result ham not been finalized at this time° Mr. Overson questioned if there was a requirement in the contract for such reports? Mr. Nichols stated no - not that he was aware of. Rich Hsnna, City Treasurer, stated there were two options being considered, one being computer capaci=y being located in the local facility; and it does not appear that will be financially feasible but effort is being pursued to hate access, to the contractor's computers via a terminal. .~ Mr. Joh,~on questioned if the%~City was receiving all the reports expected? Mr. H---~ stated aI~reports are being received in terms of day-to-day activities of the=arage...~epairwork being done on specific vehicles, etc., th~ difference between he and the contractor has been 'information necessary to develop a vehicle replacement polic~. Mr. Joh,-on state~ when a final evaluation of contracts is made the Cit~ should make sure to look at those provisions and responsibilities. Mr. Colvin questioned what assurance would the City have that appropriate reports would be received? Mr. Hanna stated there was nothing in the contract that absolutely guarantees that, however, if the City's level of dissatisfaction reaches some point, step~ could be taken to withhold some or all of the payment of the contract or take other legal action to force the City's understanding of appropriate compliance with the contract. He did not feel that was the position the City was in at this time. He stated in terms of the over all operation of the garage the contractor has served the City very well and the reporting deficiencies are not an overriding concern compared to the day-to- day operation and the quality of work being done on City vehicles at the local facility. 85 M/S/C/U(Waibel/Collins) to approve contract extension with the modification of the inclusion of Bremerton Housing Authority through February 28, 1991. 6C - PROFESSIONAL SERVICE COBTKACT FOR LEGAL SERVICES, ~AB90-077 The attached contract amends the Professional Services Agreement for retained Counsel in the case of Gosselin, et.al, v. Hiestand, TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 8 of 24 et. al by extending the expiration date to December 31, 1990, and the maximum fee to $30,000. Services in this action were approved by City Council in July of 1989. The action is set for trail on March 15, 1991. Public comment invited - none received. M/S/C/U(Johnson/Waibel) to approve contract extension to December 31, 1990, not to exceed $30,000. 6D - P~OPESSIONA~ SE~VICE~ AG~ -- ECONOMIC AND ENGINEERING S~I~.VICES, 1NC., ~ABg0-078 The Utility's Preliminary Water Quality and Treatment Assessment identified and prioritized four areas that the Utility needs to address to comply with the new State and Federal drinking water regulations.. The Utility is now in a position to proceed with the first two priority items, operations~ plannin~ and monitoring, and disinfection reliability and ~ystem operations. The third an~ fourth priority ite~, compatibility an~ pilot testing, and hydraulic modelling and c.o~.Drehensive plan update can be implemented later in the yearJ Attached for Co,,-ciI consideration is a proposal for professional services for providing operations planning and monitoring, and disinfection reliability/system operations assessment. Bill Duffv, Utilities Director, stated the activities proposed in this agreement are in response to the Federal Government Safe Drinking Water Act Amendments. The intent is to take a look at the City's system to insure that in record keeping and monitoring sufficient information is obtained to apply for and obtain a variance on the surface water treatment rule. Public comment invited -~ none received. Mr. Overson questioned why this group was selected to undertake this project? Mr. Puffy stated the City had used Economic Services, Inc., before and they had prepared the Water Utility Land Management Plan and did some work on Sustained Dual Forestry Plano Mr. Overson questioned if they had provided the same scope of work as proposed for other municipalities? Mr. Duff~ stated they originally developed much of the criteria in the Land Management Plan in anticipation of the Safe Drinking Water Act and now that the Act has been passed and rules are needing to be met they will be taking the next step in developing that plan. And, then the Utility Land Management Plan would be revised to fit those needs. TAPE ~724 City Council Reg. Mtg. Minutes April 18, 1990 Page 9 of 24 Mr. Job-son pointed out to the general public the reason Council is concerned is that the quality of information that the City receives on this study will directly impact the City's ability to maintain surface water as safe drinking water even though the City owns nearly all of the Union River Watershed. If the City doesn't, then it could mean building a facility of equal scope and complexity as the sewer treatment plant - with the rate payers of Bremerton and Kitsap County being responsible for that cost. 50 M/SYC/U(Waibei/Horning) to approve the proposal with Economic and Engineering Services, Inc., for providing consulting services to develop a water quality monitoring plan for the Utility and to evaluate the water system primary disinfectiom facility and attendant equipment an~ authorize the Mayor to execute the. contract subject to City Adminiatrative Policies and Procedures. 6E -- INTE~GO~AL GRANT AND CONTRACT APPROVAL AND BUDGET ADJUSTM~NTA~RNDMENT: STATE FUNDS TO IMPLR~c~T; DOWNTOWN WATEKFRONT CONSTRUCTION. ~AB90--07~ ~ Agenda Bill 89-27/Resolution ~2~67 authorized the Mayor to apply for Department of Natural K~sources/A~uatic Lands Enhancement Account Funds' to construct a ~oardwelk from ls~ and 2nd Street° The gra~t has been awarded a~ the Cit~ Co,,-¢il is requested to authorize the Mayor to sign the grant contract. The Washington State Department Of Transportation is proposing to contract for Cit~ services to design and construct a small landscaped area within the Ferry Terminal auto holding area. The City Council is advised of the upcoming contract and budget adjustment. Budget amendment for revenue provided in Item A above is proposed for Council approve. Don Pratt, Director Of Community Development, stated the first item in this A~enda Bill implements Council's Resolution ~2267, which was adopted September 1989, which authorized the City to apply for grant funds in the amount of $75,000 for an over-water park. The Council also authorized $25,000 matching funds to match Department Of Natural Resources funding. The City was notified fall of '89 that the City was funded to construction that portion from 1st Street to 2nd Street. At that grant award, last fall, staff notified the Mayor and he included the $75,000 and $25,000 in the '90 budget. The action requested at this time is to accept the grant contract. Mr. Pratt pointed out an error in the Agenda Bill..."that a budget amendment is necessary"...that is not correct due to the fact that it is already included in the 1990 budget. The second item on this Agenda Bill is an information item - it TAPE ~724 City Council Reg. Mtg. Minutes April 18, 1990 Page 10 of 24 shows that the State Department Of Transportation (DOT) has offered the City $10,000 to develop a park in the Ferry Terminal holding area. That park is required to be developed by the DOT under their Shoreline Permit, which they received from the City, to construct the holding area. Originally it was intended to share the c~s= of the park, using Block Grant funds, and to do the actual construction for them~ However, it was discovered that DOT funding and City's funding had contrary conditions and not compatible. In order to com~lywith their Shorelines Permit, they have agreed to fund the park themselves in the amount of $10,000 and have offered the City funding to' do that. Staff is proposing to spend at least $10,000, including it in the overall design and also include it in future construction projects° Public comment invited - none received. Mr. Johnson questioned if Council action requested at this time includes agreeing to accept the $10,000 being offered by DOT for the proposed park are~? And, ~e found it extremely insulting that DOT thought S10,00a would meet their agreement to build a park. Mr. Pratt stated no, and it ~ wa= his opinion what DOT was required to do through the Shoreline P~rmit may exceed $10,000 bF a small amount. An~, they were not r~quired to develop a park as much as they were required to provide landscaping in an area... $10,000 will just begin to do landscaping and would not construct a park. If more than landscaping is-desired, then more funding would have to be found. Mr. Johnson pointed out that even landscaping needs to be watered and would require some type of watering system and he was concerned that the funding offered would do very little to enhance the area. Mr. Pratt stated DOT has already accomplished their overall design and utility design - what will be left is a patch of dirt. President Horton stressed that when the DOT contract for such a project comes before the Council that it include some provision for maintenance of that area. 24 M/S/C/U(Collins/Dawkins ) to authorize the Mayor to sign the contract with the Department Of Natural Resources (ALEA). 6G - DOWNTOWN WATEP~FRO~ PUBLIC PROJECT: DESIGN CONTRACT - THE PORTICO GROUP, ~AB90-081 Resolution %2298B established the Downtown Waterfront Project Development schedule for 1990. In order to commence design for the projects identified in Resolution ~2289B, a design contract has been negotiated with the Portico Group. The Portico Group was selected by the Mayor's Waterfront Design Task Force in September, 1989. Council delegation of authority to the Mayor to ~ign the contract TAPE ~724 City Council Reg. Mtg. Minutes April 18, 1990 Page 11 of 24 is requested. Kathleen McCluskeF, City Clerk, read a letter into the record from the Ken Atteberry, Executive Director of the Port Of Bremerton, which agreed that the proposal submitted by Portico Group was reasonable, competitive, as Well as arranging several unique opportunities for the City and contractor. Don Pratt, Director O~ Community Development, stated this proposal was Mayor Mentor's an~ his attempt to implement Resolution ~2289B, which combined the inner harbor line park with the Centennial CommissioH. In adoption of that Resolution, there was the establishment of design and construction schedules for waterfront projects for 1990. Negotiations were begun in November 1989, with an architect selected bF the Waterfront Design Committee - that being Portico Group. The contract presented is complex and includes a large fee. He retate~ a number of projects in other cities within the state of WAshington who had used this firm. In order to determine whether ~r not the proposed contract was reasonable in both scope an~ fee, it was reviewe~ by Ken Atteberry of the Port of Bremerton (com~ent~ noted above) and Dr. Michael ConnolIy, Dean Of Business ~ffairs, Olympic' College, who also determined it appeare~ "withi= reason'~. The overall design fee amounts to ?.48 of what staff thinks the estimate~ construction costs will be. They did not specifically establish a construction cos~ and they did not negotiate the contract on the basis of a percentage of construction costs. What was done was to take some rough quantities off the site plan adopted last September and applied some current construction costs for similar types o~ projects in the region. As a result of that calculation, if the City built as the site plan depicted it could amount to a construction value of 1.2 million dollars The fee that was negotiated was $92,96~.00 to design all the projects within that estimate. It is not known what construction costs will be and the Mayor wishes to wait until he has some discussion with the hired architect to determined what can be built for what dollars. There is not adequate funding to start construction and at some point during the design process he would come back to the Council and disclose what they think the projects will cost and at that time he would request a budget amendment to cover the construction costs for individual pieces of this project. Additionally, the agreement is a package price. The contract is designed so that the City does not have to start work on every project from the beginning. The whole waterfront is broken into distinct projects: boardwalk from 1st Street to 2nd Street; from 2nd Street to the Turner Joy; inner harbor line; 2nd Street; Ferry Terminal Park; pathway from 2nd Street to Point Turner. Not all TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 12 of 24 of these project may be initiated by the City - depending on funding and how the process works the City may choose to not start ' work on one of the projects...and if not, then the fee is not paid to the architect. Some. of the design fees in the project may be reimbursable. By signing the contract and initiating work on any of the design projects, the City is assuming responsibility to pay for that project. However, if the Economic Development Administration Grant comes through for the portion of the boardwalk between 2nd Street and Turner Joy, some of the design fees are reimbursable. There are other pro~ect~, for example $10,000 Ferry Terminal park - the City has $10,000 to design and build that park. Additionally the City is proposing- to design the Centennial Commissioned Plaza at the foot of 2nd. Street in association with the Cente~ial Commission. He has not negotiated nor has there been an offer for reimbursement of d~sign fees from the Centennial Commission. There has been discussion around the fact that if they raise enough money to build their project, the City may request reimbursement of design cost~, however, it is not Dart of the agreement at this time. The re~son the Administration is proposing to front the design fees is t~ maintai= a coordinated design for the whole waterfront and increase further chances of fund raising. Lastly, another reason for th~ City to front these, design fees is in a package a more reasonable~design fee can be negotiated rather than breaking it out piecemeal. Mr. Pratt provided a view graph depicting what total project costs could be for the different components, for example: If the over water park from 1st to 2nd costs $480,000, as the site plan indicates, and if the design fee is $35,964 - the City could have further expanses of approximately 2o75~ of construction value to manage the construction (hire an engineer, labor, survey ($13,000)). Therefore, the total package for that portion of the waterfront could be $529,000 estimated figure.. The proposal before Council at this time amounts to $92,964.00, which is included in the 1990 budget (using $100,000 DNR funds). Any construction of that design to reach the total of one million dollars must come before City Council at a later date and at that time an explanation will have to be made as to funding source. Lastly, Mr. Pratt handed out a replacement moti6n which clarified identification of specific projects by (A) (B), etc. Secondly, a correction is included on the Ferry Park Design fee identifying it as $1,300 not $1,400. The amended motion includes a request to authorize the Mayor to renegotiate an amended contract by revising design completion dates up to 50~ of what is called for in the contact now. The contract specifically says there are certain phases of design that must be completed within seven (7) days, twenty one (21) days or fourteen (14) days, this authorizes the TAPE ~724 City Council Reg. Mtg. Minutes April 18, 1990 Page 13 of 24 Mayor to negotiate with the design consultant a change in delivery dates. And, the project contact for the City was identified as the City Clerk and this should be corrected to be someone else, if more appropriate within the City organization. Robert Brav, President of PSNS Centennial Committee, stated his groups support of this proposal and they believe it will help with continuity of planning the waterfront project and Centennial Plaza. Mr. Overson pointed out that Project k was clearly an over-water pedestrian park, however, this was the first time he has seen Project B presented as an over-w~ter pedestrian Dark. It has always in the past been depicted as a pathway...when did the name change and what impact will this bring about? Mr. Pratt stated apparently the-site plan adopted is not clear whether it is an over land or over water pathway. The Administration views it as an over-water element getting from the land to the Turner Joy. It was his assumption than it could%be an over-water boardwalk. Mr. Overson pointed out over-w~er boardwalk could be different terminolog~ than over-water pedestrian park. He expressed concern that the Cit~ wiI1 get a %design which does not meet the requirements..othat requirement is ~etting from 2nd Street to the Turner Joy. The park from ls= Street to 2nd Street is definitely intended but a park from thereon he was not sure wa= intended. If a park is requeste~ he feels this may drive the costs higher, making it difficult to fund. Mr. Pratt stated he would couch his response in the fact that there had not been a design yet of the area under discussion. The Mayor is interested to see wha~ he can build for what dollars before he makes a recommendation to Council. Mr. Estes questioned what assurance does the public have to make sure the City ends up with a lot of plans and no projects? Mr. Pratt stated it would be Council's commitment to moving ahead with construction of the plan. The commitment of $92,000 would signify that the Administration has something delivered to Council within months in the order of plans. The Administration accepts that responsibility and intend to deliver construction documents and a bid to Council within the next six months so that action can take place. Mr. Hornin= stated fundamentally he ~s supportive of the proposal, however, he is not supportive of the 504 increase in time allotments in the design phase and requested Mr. Pratt to explain the Administration's need. Mr. Pratt stated under the Compensation and Production Schedule in the contract there are four phases: (1) schematic design phase; (2) permit submittal; (3) design development; (4) construction document phase. Each of the segments of work has a certain number of days for completion from the time TAPE %724 City Council Reg. Mtg. Minutes April 18, 1990 Page 14 of 24 they are told to start. If there is not a product delivered within the time designated, they have breached the contract. It became obvious to staff, after an original agreement was established with a consultant that it would be wise to have some latitude in the internal delivery of those phases and the consultant requested that latitude they felt they could meet the overall final construction document delivery but did want some latitude between schematics- permits-design. Next, he felt there was a fairly clear opportunity for the CitI to want additional time, i.e., need more accurate cost estimates,, etc. By authorizing the Mayor to negotiate the time element on his own it would expedite the contract. Mr. Hornin~ stated he understood ~he inner dates coul~ be. a problem and he had no problem extending any one of those up to 50% so long as it did not elongate the complete date by more than 25%. And, he encourage~ the inclusion o~ that limitation, in the final motion. %725 Mr. Johnso~ questioned if this~ontract was a fixed price contract? Mr. Pratt stated yes. Wit~ the contract itself, part way through, it establishes a s~ price that the City wants that project designe~ to and they h&ve given a guarantee in the contract if the bids are not returned ~within that established price they will redesign the project. Mr. ~oh-son expressed concern over the 50% extension perio~ proposal and noted this could mean the project would not be designed until, late next fall. Mr. Pratt stated he fully expects, when the construction costs are established part way through, the consultant will start on the design and the administration will come to Council and request a budget amendment to raise the funding. Mr. Johnson suggested giving the Mayor 50% latitude on the internal things an~ tha~ the completion date stays the same as written in the contract now7 and if the contractor wants to go up 25~ he gets a penalty of 1% per day. Mr. Pratt stated on a design contract he would be happier with a little more flexibility than holding them to a final date. He was comfortable that the Mayor would have judgement to hold them when they need to be held and to give time when needed. Mr. Hornin~ stated internal dates are critical to have some flexibility and suggested giving the Mayor 10% flexibility at the ending date for the reason the City may want to respond to some of the dates, which could push the project back. Mr. Colvin questioned when would construction start on the waterfront? Mr. Pratt stated he expected to see the design completed within three and one-half months and construction starting in six months. Mr. Collins questioned if the Administration was requesting the City Clerk be established as the contract compliance officer? Mr. TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 15 of 24 Pratt stated no, the contract so designated the City Clerk as a contact for legal purposes. Mr. Collins questioned who would be the contract compliance officer? Mr. Pratt stated he was. And, the reason they have requested some flexibility in naming a City contract person is that they may assign such responsibility to someone else and he wanted the Mayor to make that contract amendment, if desired. President Horton noted the contract says to identify Contract Manager"...following on Mr. Collins' comments previousI~ regarding the City's engineering service capabilities and the fact it is desired, to use in-house engineering services as much as possible, she would like to have the City's project manager be in-house rather than contracting out for such services. She believes that all o~ the City's needs need to be assessed, and it is critical that someone is obtained in, house. Mr. Overson noted he did not see the reason for such action. What is being said is that potentially there are some talented mangers outside the City and the contract would provide the opportunity to take advantage of those who might be available. President Horton pointed out the City does have other pro~ects coming up an~ she felt it would best service the CitF i~ staffing J~evels were such that it could be dealt with in-house. - 32 M/S/C/U(Waibel/Colvin) to ~ a~tb_orize the Mayor to sign the Architectural Design Contract with the Portico Group with the following amendments: A. Attachment B is amended to identify project A as Proiect A; 1st Street to Second Street; and project B as : Proiect B: 2nd Street to Turner Joy. all other projects are re-lettered as required. B. Ferry Terminal Park design fee shall be as follows: schematic design- $130.00; permits submittal - $130.00; design development - $390.00; construction documents an~ bid services.- $650.00; Total: S1,300.00. Further move that we authorize the Mayor to negotiate and sign the following amendments to this. contract if needed: A. Revise design completio~ dates providing internal project design completion is not extended bF more than 50% of original time allotment and final project deadline is not extended by more than 10~ of the "original time allotment and compensation is not increased. B. Identify project manager to replace City Clerk as consultant contract; and under Section 3(A) changing the last word "at" in second line to "as". And, if the Mayor exercises those options to amend the contract that they be provided to Council as Informational Items at the following week's Council meeting TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 16 of 24 following the amendments. 7A - ORDINANCE (FIRST READING) KENAMINGWYCKOFF AVENUE TO CORRECT SPELLING. ~AB90-082 Mrs. Helen Ross is in the process of writing a history of the Puget Sound Naval Shipyard. While researching Lt. Ambrose B. Wyckoff, UoS.N., and his role in the history of PSNS, she noted that the street sign spelling of Wycoff Avenue is misspelled. She has asked that an ordinance be- passed correcting' this oversight to read WYCKOFF Avenue. · athIeen McCluske?, City Clerk, explained they did request that a notice be placed in the local newspaper to let the public know about this proposal and from that~ p,,~licity she did receive two phone calls - one caller was not in favor but after discussing the issues felt it would not be that much of a problem; and the second caller supporte~ the proposml. Ms. McCluskey noted she did explaine~ to them that th~ City would take, care of all notification, US PostaI Serv~_'ce, CenCom, Police, Fire and the resident5 and businesses wouI~not eve~ have to turn in. change of address requests. Because th% change would be so minor no one woui~ have to change thei= chedk~ ~ntiI reordering. Also~ the news article stated this issue would bean"Information Item" this week, not first reading of the ordin~-ce. Helen Ross, representing the Centennial Book Committee which is part of the PSNS Centennial Commission, stated the very existence of the Shipyard and the location of Bremerton is probably due to one man, Lt. Ambrose B. Wyckoff, USN. He was the man who was here on three different commissions, spending considerable time urging the Navy Department to locate a shipyard in this area. After the shipyard was located here, he served as Commandin~ Officer for five years. And, wherever his name is listed in historical papers it is spelled Wyckoff and from that there is. no doubt that is the correct spelling of his name. Several years ago the Washington State Historical Society initiated a Roll Of Honor and Lt. Wyckoff was nominated and elected to that Roll Of Honor with his name spelled - Wyckoff. Within this year the Centennial Book Committee will have a 350 page Centennial History Book of the Shipyard and Wyckoff will be on the opening page. Therefore, it is felt that it would be best if Wyckoff was spelled the same in all places. Elizabeth Buell, 1722 High Avenue, stated she has. been spelling Wycoff for 60 years and did not feel it was right to make a change at this time. And, she did not feel the City had funding to spend on a request such as this. Don Larson, 135 Rainier Avenue, stated his support of this proposal TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 17 of 24 and felt that someone who had such a great influence on an area should be honored with the correct spelling of their name. He noted the lack of statues of important/historical people in the Bremerton area and hoped something would be done in the future to change this. Ms. McCluskev explained the cost to replace the signs would amount to $678o00o Don Atkinson, Bremerton Main Street Association, stated while this is a little beyond the Main Street Association they are working closely with the Street Department, Parks Department and other City agencies on the redesign, rededication of the Wyckoff Park. Dedication ceremonie~ will take place on May 18, mid-day, as a part of the Armed Force~ Festival activities. He felt it was unfortunate that the City had a technical error in the community and for an amount of $678.00 the street name could be brought into compliance with the local his .t?rIo Ben Hooker, 2614 E. 18th, pored the question: '"if you died and someone, misspelled your name wouldn't you feel badly?" Mr. Johnson stated he ha~ muc~ respect for. Mrs. Koss and the work she has and is doing, however, he feels the $600 is an understatement of the real cos= i~ a name change of a street. He emphasized the concern that now in the days of computers this one "little letter in a name" change could bring about a real glitch for personal things, such as credit cards, banking, etc. Mr. Colvin questioned if such a cha~ge could affect legal documents? Ian Sievers, City Attorney, stated it is the same street and the legal documents woul~ refer to the street and the name is not amended so the~ would not change - it still refers to the same place and it would be legally described when that document was issued or executed. Mr. Overson requested an explanation why WYcoff is spelled the way it is today? Can it be demonstrated that this was the intent when originally named? Mr. Collins pointed out if the Navy's futur~ plans come to reality, Wycoff Street could become one of the primary ways into the City and he supported spelling the name right - Wycko~f. Mr. Estes supported the proposal to spell the name correctly and set the record straight. President Horton stated she had been. hearing from many people in her district, who live on Wycoff, and they are opposed to this TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 18 of 24 change. If the people on Wycoff had petitioned for a change then she would be supportive. 7B - ORDINANCE (FIRST READING) AMENDING LAND USE TABLE ~9 OF THE BREMKKTON ZONING ORDINANCE TO ALLOW, APPAREL MANUFACTURING BY SPECIA~ USE PERMIT IN THE BUSINESS. CORE (BC) ZONING DISTRICT, %AB90-083 An application was submitted to the City requesting an amendment to the Zoning Ordinance to allow "Apparel Manufacturing" in the Business Core (BC) zoning district. The Planning Commission conducted a public hearing on the request on. March 20, 1990, and forwarded its finding~ of fact,' conclusions and recommendation to the City Council. The Council conducted its public hearing on April 4, 1990, agreed with the Planning Commission's findings and conclusion=, and voted unanimously to amend Land Use Table ~9 to allow Apparel Manufacturing by Special Use Permit in the Business Core zone. Public comment invited -- none ~eceived. 98 M/S/C/U(Horning/Colvin) to approve Ordinance, on first reading, amending Land Use Table 99 o~ the Bremerton Zoning Ordinance to allow Apparel Ma-ufacturing b~ Special Use, Permit in the Business Core. (BC) zoning district. 7C - ORDINANCE (FIHST~EADING) REGULATION OF SKATEBOARD USE ON CITY STT. EET$ AND PARKS. %AB90-059 The proposed amendment to BMC 10.12.030 prohibits use of skateboards on public streets, sidewalks and parks in designated business district. The proposed amendment to section BMC 13.04.100 prohibits the use of skateboards in parks, unless in designated areas for such use. Vicki Vs--eman, Director Of Parks and Recreation, stated this issue has resurfaced because of some reoccurring incidents in City Hall Park - damage to park benches - trying to resolve that issue and look ahead to the boardwalk project proposed for the waterfront. Police Chief Del McNeal stated if the City Council passes the proposed ordinance it will make it very clear the designations for no-skateboarding. The following individuals spoke in opposition to the proposed ordinance: Eric Vermeers, 617 High Avenue; Ben Hooker, 2614 E. 18th; Chris Doyle, 4828 NW Francis Dr., Silverdale; Chris Treiberg, P.O. Box 1642, Silverdale; Chris Vermeers, 617 High Avenue; Brent Miller, 9447 Olson Rd. NW; Ken Hagel, P.O. Box 1635, Silverdale; David McGrath, 369 B Nollwood Lane; Dana Rover, Don Larson, 135 Rainier. Following are comments made by those listed above: City TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 19 of 24 already had Skateboarding Ordinance; skateboards do damage, however, they do not have adverse affect on environment...air pollution, no use of fuels/energy sources; mode of transportation for those who are to young to drive vehicle and/or cannot afford one; difference in perspective as to what is appreciated...a piece of wood make into a violin is looked at a~% an accomplishment of those who play that instrument...a skateboard made of a piece of board is looked at as useless and the person non-productive who uses one; kids need a place to use t_heir skateboards and suggested building & facility for their use;' i= builds self-esteem; keeps kids-out of trouble; goo~ exerc=se Mayor Loui~ Mentor stated everyone is, right - kids need a place to play, skateboard, etc., however there has to be respect for public/private property. Unlike other kinds of sports, the skateboarders are damaging property. He offered the. skateboarders the opportunity to join in and help-solve the problems that are being faced. ? President Horton state~ not one, was there damage done to City Hall Park and other properties i~ the community, but a Councilman obse~ve~ skateboarders skatin~very close tothe edges (top floor) of the Cit~'~ Darkin= garage. ~ someone were to catapult over the railing, the Cit~ would be hel~ liable and that could be millions of dollars in damages to the City and the taxpayers, not to mention a life ended or damaged severely. No one wants something like this to happen and this issue needs to be approached responsibly. We do not want to take away the right to skateboard, however, it is a responsibility just like driving a car or riding a bicycle. Mr. Colvin questioned if the skateboarders would fall off the City garage would the City be liable? Ian $ievers, City Attorney, stated the problem comes about if the City knows of that activity taking place in the garage -- it is an intentional act - if the City is not enforcing trespass laws or making some structural change to prevent that activity, the City could be tied into some liability. Mr. Colvin questioned would the City be liable if the garage was posted? Mr. Sievers stated if it were posted then it would be a trespassing violation, however, it is difficult to enforce trespassing laws when the garage is suppose to be open all hours for use by those wishing to park their vehicles in the garage. Mr. Colvin stated he. supported giving the skateboarders the opportunity to police themselves and to work with the staff to bring back some ideas how to accomplish this. Mr. Johnson stated he heard all the same stories the last time skateboarding became a problem in the downtown area. Since that time, a group of citizens worked very hard putting on a fund raising street fair to raise funds for construction of the gazebo TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 20 of 24 in City Hall park. He did not believe it was fair that another group, skateboarders, come along and damage what was already donated to the City. He expressed concern over the proposed construction of a boardwalk on the waterfront and the potential for additional damage to a brand new park area. He did support the idea of building a proper skateboard facility if it would be at all feasible, i.e., source of funds, insurability, but his only concern with the proposed ordinance was the lack of words such as alleys, docks; walkways, boardwalk, or any building or structure in the central business district, k lot of the problems are in the City's parking garage and private parking garages~. He urged Council not to delay on acting on this proposal and if the skateboarders have. some good idea~ he would entertain an alternative solution° Mr. Este~ impressed upon the young people (skateboarders) in the audience that the Council is just as concerned about their health and well being and other people who use the streets and sidewalks as they are about the property damage. He noted Council could pass the proposed ordinance, on first reading, but that would not stop the skateboarders from coming~pwith acode of conduct and present it to Co,,ncil at the time o~ s~cond reading, He s=res'sed the fact that it i= their responsibili~ to come up with a code of conduct that their fellow skateboarde~ would follow. Mr. Overson pointed out the proposed ordinance covers designated business districts. He noted skateboards and buildings as well as concrete vertical walls do not mix. He wasn't totally sure that the proposed ordinance covers Council's intent. Mr. Collin~ questioned if the ordinance was passed, would the Police Department be able to enforce it in the same way as a speeding traffic violation? Chief McNeal stated the enforcement of the proposed ordinance is clearer than the last one adopted because it says "streets and sidewalks" (including alleyways) - private property may be a different issue whether or not the City can regulate private parking lot in this particular area. If the owner of a private parking lot complains then that becomes a different subject. It is clear what it says as far as the ordinance goes - it is banning skateboarding from 6th Street to PSNS gate, from Warre~ Avenue to the water. On the scale of time to do that particular enforcement...Police Officers are busy fighting other problems going on in the City, however, if they see someone with a skateboard on the street or sidewalk within that designated area that individual could be cited on the spot. Also, the Officer could secure the skateboard and hold it as evidence until the time the case is heard in court.., with the Municipal Court determining whether or not to return the skateboard to the individual. TAPE ~725 City Council Reg. Mtg. Minutes April 18, 1990 Page 21 of 24 Mr. Dawkins suggested delaying action on this proposal and allow some time for the Parks Director, Mayor, Chief of Police and a committee from the skateboarders to get together and work out a better solution than total banning. President Horton stated this issue was addressed two or three years ago and it is back again...if this is tabled for further study, then something has to be developed that would be on going and applicable to future skateboarders° Mr. Waibel noted when this issue was, previously dealt with action was delayed ~or a total of three months trying to work out a solution and the agreement between the Council and skateboarders was that damage to private/public property would stop or the Council would enact a tougher ordinance-. The City is. in a position now where there needs to be in e~fect a law, which can be enforced and remembered from one generation, to another. Signs need to be posted at the entrance of the boundaries so that everyone is aware of designated restriction=. ..~roperty damage has.. not stopped but has actually accelerate~ and h~urged Council to carry out what was indicated previouslF to take ~ stronger action regulating use of skateboards in business distr,/cts. Mr.. Overson pointed out that the ordinance only addresses the central business district as downtown and callow Avenue...this leaves Manette area wide open as well as other business areas. Mr. Hornin~ stated he was not in favor of the proposed ordinance because the City already has an ordinance on skateboards as well as ordinances covering property damage and the only thing the proposed ordinance would do would give the police the right to confiscate skateboards, which may be the biggest hammer of all. He did support encouraging the youth to come back with something to mitigate the proposed.ordinance. $5 M/S/C(Johnson/Estes) to approve ordinance, on first reading, amending B.M.C. Chapter 10.12.030 with Subsection (a) to read as follows: "No person shall ride a skateboard on the public streets, sidewalks, alleys, docks, walkwavs, boardwalks or parks or any public structure or within the central business district .... "' and approving ordinance amending B.M.C. Chapter 13.04.100 to include regulation of skateboard use in City parks; and second readinq of these ordinances to be held in two weeks. Vote: In Favor: Waibel, Johnson, Overson, Estes, Horton Opposed: Collins, Colvin, Dawkins, Homing President Horton announced Item 7D had been pulled from the Agenda for three weeks. TAPE %725 City Council Reg. Mtg. Minutes April 18, 1990 Page 22 of 24 7E - O~DINANCE ~4264 (SECOND READING). STREET VACATION, LOCATION: ADJACENT TO AND SOUTH OF 3112 WHEATON WAY (TOP NOTCH BURGERS) APPLICANT: RONALD & LILLIAN ROSS/ROGER HOUMES, %AB90-070 Public comment invited - none received. 28 M/S/C(Waibel/Horning) to pass Ordinance ~4264, on second reading, vacating portion; of the unnamed, undeveloped right-of-way intersecting Wheaton Way on the east side across from and 160 feet south of Dibb Street. Vote: In Favor: Colv~n, Dawkins, Collins, Horton, Waibel Horsing, Estes, Overson Abstain: Johnson 7F - RESOLUTION ~22~?~ S~TTING PUBLIC HEARING DATE REGARDING RECOVER~ OF ABATEMENTCHAKGE$ FO~ D~MOLITION OF DANGEROUS STRUCTURE LOCATED AT 1522 SNYDER, ~AB90-085 The City Council is being requested to hear protests and objections to costs incurred bT the CitF in the abatement of a dangerous building located at 1522 Snyde= Avenue, Bremerton. Section 902 of the Uniform C6de for the. Abatement Of Dangerous Buildings, as adopted by the Bremerton Municipal Code, requires " .... the legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections thereto." Public comment invited - none received. M/S/C/U{Dawkins/Johnson) to approve Resolution ~2297, setting date of May 2, 1990, for a public hearing regarding recovery of abatement charges ~o= ~emolition of dangerous structure locatea at 1522 Snyder. 7G - RESOLUTION 92298, SETTING PUBLIC HEARING DATE REGARDING KECOVEKX OF ABATEM~CHARGES FOR DEMOLITION OF DANGEROUS STRUCTURE AT 940 PLEASANT AVENUE, ~AB90-086 The City Council is being requested to hear protests and objections to costs incurred by the City in the abatement of a dangerous building located at 940 Pleasant Avenue, Bremertono Section 902 of the Uniform Code for the Abatement Of Dangerous Buildings, as adopted by the Bremerton Municipal Code, requires "....the legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections thereto." Public comment invited - none received. TAPE %725 City Council Reg. Mtg. Minutes April 18, 1990 Page 23 of 24 37 M/S/C/U(Waibel/Colvin) to approve Resolution ~2298, setting the date of May 2, 1990 for a public hearing, regarding recovery of abatement charges for demolition of dangerous structure at 940 Pleasant Avenue, Bremerton. 8A -- PUBLIC'HEARING - TO DETERMINE VALIDITY OF ABATEMENT FEES FOR STRUCTURE AT 810-6TH STREET AND DETERMINE HOW FEES SHOULD BE COLLECT~. ~AB90-084 On 3/23/90, a fire occurred i~ the building at 810-6th Street, Bremerton. The Building Department deemed the open building an immediate hazard to public safety, and ordered the hazard abated. The owner could not comply on & timely basis and asked the Street Department to, secure the site, with costs incurred to be paid from the Building ~epartment abatemen~ fund. Section 904 of the Uniform Code for the Abatement of Dangerous Buildings states, "The legislative body may make revision, correction, or modification in the report or the charge a~ it may deem just; and when the legislative body is satisfie~ith the correctness of the charge, the report..oshalI be confirmed or rejected"° Section 905 states, "The legislative body of this~risdiction may thereupon order that said charge be made a personal'obligation of the property owner or asses~ said charge against th~ property involved". Owner of the buildin~ has stated she has no funds to pay this assessment, and asks that we collect the charges as a lien against the-property. Don Pratt, Director Of Community Development, introduced Acting Building Official Scott Erickson and Janet Lunceford, Building Inspector on provisional assignment, who were instrumental in accomplishing this demolition° The charges are believed to be fair and the demolition activity was accomplished quickly due to need and he recommended approval of the request as presented. Public comment invited - none received. Mr. Overson expressed concern about the City ever getting their money and questioned if the property was about to be sold? Mr. Pratt stated the property is on the' market and any time the property changes hands after the City files a lien on it the City will receive funding. Otherwise, if it goes beyond three years the Treasurer is order to hold a tax sale and the City would receive the proceeds. Mr. Overson questioned if the City had some evidence that the owner is not able to pay? Mr. Pratt stated there is the option of either collecting from the person individually or against the property and his research has shown that the property holder is not able to pay or willing to pay and the City is wanting to take a short cut and go with a lien against the property. Ian TAPE ~725 City Council Reg. Mtg. Minutes ADril 18, 1990 Page 24 of 24 Sievers, City Attorney, stated the subject individual is the executor reDresenting an estate and as a Derson in that Dosition of trust he believed if funding had been available they would have worked to mitigate the damages, since it would have been cheaDer for her to do have it demolished than Day City costs. M/S/C/U(Waibel/Colvin) that the Council find the charges for the abatement o~ the hazard, which existed at 810-6th Street to be just; an~ also that the Mayor to ordered to Dlace a lien against the DroDerty at 810-6th Street in the amount of $725.83. With no further business the meeting was adjourned at 8:30 p.m. ~. KATHLEEN L. MCCLUSKEY, CITY APPROVED ~' L~ HORTON, Comcil ~=esident~ City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault