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HomeMy WebLinkAbout06/17/87TAPE #460 UNAPPROVED DRAFT #0019 CITY COUNCIL MEETING MINUTES JUNE 17, 1987 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, J~ne 17, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Waibel, C. R. "Tiny" Collins, Mary Lou Long, Russ Johnson, Shirley Marry Crutcher and Lon 0vetson. Absent were Councilmen A1 Colvin and Mottie Dawkins. Also present were City Attorney Ian Slavers and Kathleen McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Homing with Reverend Les Otterby of Our Saviour Lutheran Church giving the Invocation. President Homing announced that Items 2A, Consent Agenda, and 6A, Information Item, were pulled. CLAIMS/WARRANTS REGISTER 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. M/S/C/U(Crutcher/Long) on June 17, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering #29964, #29965 and #29971 through #30039 in the total amount of $57,966.41 and Payroll Register in the amount of $325,007.53. COUNCIL MEMBER REPORTS Mr. Crutcher artended Council Operations Committee meeting where discussion was held on traffic routing during demolition of YMCA building; and attend the Flag Day ceremonies at the Chamber of Commerce held on June 12. Due to citizens negative responses to the possibility of changing the name of Evergreen Park, he will not be bring this proposal up to Council again. Mr. Waibel announced it was time to start thinking about the 1988 budget process and a Budget Development Schedule will soon be distributed. As a part of this process Council budget goals· and objectives, both past and present, are being developed and a draft copy should be available within a week. On June 13 he artended the meeting with Fire District #19 and was happy to report the Fire District Commissioners responded in a positive manner to the City's proposal. Mr. Johnson reported that the draft of the Police Study Resolution was not yet finished but should be available by next week. Mrs. Lonq was happy to report that after many years of dangerous sidewalks on Valdee Street, the neighbors are working on correcting ~hem. They were notified by the City and given a time frame for completion and work has already begun, making it a much safer area. TAPE #460 City Council Rag. Mtg. Minutes 1987 June 17 , Page 2 of 10 Mr. Collins expressed his serious concern that Council members understand all implications of what a Zoning change will allow in a specific area. He cited the existence of a "caboose" being placed on a lot on Callow Avenue after Council granted a B-2 zoning change. He stressed that even though an applicant may bring pictures of a proposed building or make a verbal description of future facilities, what is actually built may be much different. Mr. Horninc stated he also has received comments regarding possible change in name of Evergreen Park and have referred them to Mayor Lobe. #0607 PUBLIC RECOGNITION Mike Issen, PSNS, presented Mayor Gene Lobe a trophy for the "battle of ships" held as a new event this year during Armed Forces Week, noting that the Mayor had won the battle with the help of technical manpower and intervention by a "duck". Walterins Taylor, 2708 Callahan Drive, reported that Brem- Air does have an "Afro-American in their employ which pleased her. She was not pleased that Mayor Lobe had not taken steps to place a bench in front of City Hall as previously requested and expressed her displeasure that the Mayor did not attend all City Council meetings. Jim Strait, 6530 Hatlow Drive, supported Mr. Collins' comments regarding fezone actions and personally felt the placement of the caboose on the property on Callow was the worst monstrosity in a R-1 area he~ ever seen. ?A - RE-APPOINTMENT ON CIVIL SERV~E COMMISSION - JOHN LAW, #AB87-173 On June 11, 1987, the term of Civil Service Commissioner' John Law will expire. Mayor Lobe recommends re-appointment to another three year term on the Commission. Mayor Gene Lobe stated Mr. Law had served the Commission well and recommended his re-appointment. Mr. Collins stated that under Mr. Law's leadership the' Civil Services Rules have been revamped and the City Council have found the rules to be excellent and on that basis strongly recommended re- appointment of Mr. Law. M/S/C/U(Collins/Crutcher) to re-appoint John Law to the Civil Service Commission for a three year term. 7B - BID CALL REQUEST TIMBER SALE - 87, BEAVER HILL, #AB87- 174 A rehabilitation harvest proposed. by the Utility's Forestry Division on approximately' fifty-five (55) acres NW of the Sorst Creek Pump Station. This is part of the Utility's sustained yield harvest plan. The purpose of this proposal is to harvest approximately 706 MBF of various species at a minimum bid of $63,520.00. This area is under stocked with a large amount of hardwoods. After harvest, the area will be reforested with Douglas Fir at approximately 300 stems per acre. Bill DuffV, Utilities Di. rector, stated the monies received from the timber sales goes into the cumulative reserve fund of the Utility which goes to makes replacements to the infrastructure system and helps keep the rates down. TAPE #460 City Council Reg. Mtg. Minutes June 17, 1987 Page 3 of 10 #0671 #0744 M/S/C/U(Long/Collins) to authorize Purchasing Agent to call for bids for the Beaver Hill (1-87) Timber Sale with a minimum acceptable bid established at 863,520.00. 7C - AGREEMENT FISH PASSAGE - GORST CREEE, #AB87-175 The Washington State Department of Fisheries in order to exp~nd its salmon production in the South Puget Sound area is proposing the installation of a fish passage ladder and appurtenances within the Utility's Gorst Creek facilities, pursuant to R.C.W. 75.20.060 Bill DuffV, Utilities Director, stated this is an on going part of cooperative effort between City of Bremerton and Department of Fisheries to improve fisheries within the area and publiQ recreation. Mr. Overson asked if there will be viewing areas, such as the locks where fish activity can be watched. Mr. Duff¥ stated yes. M/S/C/U(Long/Collins) to authorize the Mayor to-sign the said agreement, subject to Administrative Policy and Procedures. 7D - BID AWARD RECO~e~ENDATION - WHEATON WAY FROM SHERIDAN ROAD TO SYLVAN WAY -RV ASSOCIATES, #AB87-1~6 Bids have been received for the improvements of the subject project. The lowest bid was $399,025.00 submitted by RV Associates. A total of four bids were submitted. Dave Baker, City Engineer, stated this is a project long awaited, a long process in getting the right-of-way and the UAV had said to obtain the right-of-way by July 19 or funding would be withdrawn. He stated the project includes adding a 2-way left turn lane, widening Wheaton Way from Sylvan to Sheridan. #0826 M/S/C/U(Long/Waibel) to authorize the award and execution of the contract with RV Associates. 7E - CHANGE ORDER NO 9 TO CONTRACT C14, #AB87-181 This Change Order releases all outstanding claims by the City against the contractor (Davlin Construction Co., Sequim, WA) and by the Contractor against the City as indicated in items I through 8 of the attached exhibit. It also accepts this contract and begins the formal close out procedures. Dave Baker, City Engineer, stated this is contract C14, which was mostly storm water separation during the wastewater project. During the latter part of the contract the contractor brought suit against the City for some claims of additional work and the City also had claims against the contractor for costs incurred by the Police Department, by utilities, departments that had completed work such as repairing service lines, sweeping streets, etc., for the contractor. Settlement is for $15,000.00, which we feel is a good settlement. Mrs. Long' asked for clarification of suit between the City and Contractor. Ian Sievers, City Attorney stated that the contractor's suit against the City was for $125,000.00 and the City's suit against the contractor was for $61,000.00, making a difference of approximately $64,000. The City was TAPE #460 City Council Reg. Mtg. Minutes June 17, 1987 Page 4 of 10 #0994 represented by outside counsel to the point where agreement was reached to submit this settlement to the City Council. CH2M Hill had retained Counsel but City was faced with the situation where counsel was representing City's counter claim in the same suit he was defending CH2M Hill on and they had made a demand that we cover 50% of litigation cost which added some extra incentive for the City to settle. At that point $51,000.00 had been expanded for litigation fees. Mrs. Lone asked if it was appropriate for a release like this to include CH2Hill. Ian Sisvats stated the Change Order is a three party agreement and CH2M Hill will also agree to Change Order. M/S/C/U(Waibel/Long) to authorize the Mayor to execute Change Order No. 9 to Contract C14 thereby accepting this contract and beginning formal close out procedures. 8A - RESOLUTION #2172, RESIDENTIAL PERMIT PARKING, ANOEA AVENUE, BURWELL STREET TO GREGORY WAY, #AB87-177 The Resolution designates the area Zone #9, Anoka Avenue from Burwell Street to Gregory Way, as a Residential Parking Permit area. This has been approved by Engineering and Police departments, and has been posted as required by ordinance for 10 days and no negative responses have been received. Ms. McCluskey, City Clerk noted that the Police Department are reworking numbering of Parking Zones and the requested area is being included in an existing parking zone. Deanna Harris, 1431 Burwell, spoke in opposition to the request for a Residential Parking Permit stating that this will require her to be restricted to either a time limit or having to purchase a Parking Permit and she feels, as a tax payer, that she is entitled to park on the street withouta fee or restrictions. Mr. Crutcher stated this area is impacted by shipyard workers and the majority of residents have petitioned to have their street designated as a Residential Parking Permit zone. Ms. Lon~ expressed concern that the Parking Permit procedure was being used to impose restrictions on an area that is totally free of restrictions at this time. Ms. McCluskeV, City Clerk, stated that the intent of the Parking Permit relates to shipyard workers impact on residential areas. Also, the Engineering Department surveys the area by taking down vehicle license numbers and checking against the resident lists so they can determine the impact of "outside" vehicles utilizing this parking; and they did find that there was limited parking available at certain times of the day. Mr. Overson asked Mrs. Harris if she had experienced any impact from shipyard workers parking in that area. Mrs. Harris states yes, at times but it is something you learn to live with. Mr. Overson and Mr. Johnson were concerned that additional back-up data was not included in the Council packet. Mr. Waibel stated that recently with a change in ordinance the Engineering Department was given the authority to determine if an area is impacted. TAPE #460 City Council Reg. Mtg. Minutes June 17, 1987 Page 5 of 10 #1368 M/S/F(Crutcher/Waibel) to approve Resolution #2172 designating a residential parking permit area (Zone 9).. Vote: In Favor: Oppose: Waibel, Crutcher, Homing Overson, Collins, Long, Johnson Ms. McCluske¥, City Clerk, stated that since the individuals who applied for the Parking Permit were not present and back-up documentation was available but not presented to Council, that this item be brought up again before Council so that both sides can be heard. Mr. Horninq stated that since the motion was "not to approve" and the application was not denied, application may be re-submitted. Mr. Collins stated the reason he voted no on the request was not the lack of information or that we had granted Engineering Department review approval, but because he did not care to pay for parking in front of his own home. Ms. McCluskeV stated that State Law requires that if cities issue Residential Parking Permits that there be a charge... that you cannot give away City assets to a small group of people. This was the legal opinion given by the previous City Attorney. INFORMATION ITEM Michael LVman, 1015 Perry Avenue, reported that the Bremerton/Seattle Ferry Commuter~ Association was formally incorporated and they are seeking membership at a cost of $5.00 per member. The group is concerned about loosing a commuter boat and it is their position that the passenger only ferry is needed more transporting workers mornings and evenings than to schedule it for afternoon runs and cater to the tourist trade. 9A - PUBLIC HEARING - ANNEXATION - JENSEN WATER DISTRICT AREA 78~ PETITION, #AB87-178 The Jensen Water District Area has submitted a petition, signed by owners of 75% of the assessed valuation for annexation to the City of Bremerton. The Utility Department recommends that the City assume all debts of the District in return for the District conveying all physical and financial assets to the utility. Upon acceptance of this 75% petition, an ordinance implementing this annexation will be prepared for Council reading if the Boundary Review Board does not assume jurisdiction and deny. The Boundary Review Board will consider this item in June 1987. Zoning will be presented with readings of the Annexation Ordinance. Don Pratt, Planning Director, gave an overview of the process undertaken for the annexation, i.e. petition filed with City of 10~ of owners in area, signatures of 75% of assessed valuation within an area approximately the Jensen Water District, next an ordinance will be drafted to annex that area into the City of Bremerton. Because there has been no prior zoning to that area, the zoning will take place during July and August and will take place the same time as second reading of the Ordinance. Highlights of the annexation are that it is an area that represents approximately $5,500,000.00 assessed valuation, roughly 48 TAPE #460 City Council Reg. Mtg. Minutes June 17, 1987 Page 6 of 10 -acres, 112 homes, and roughRIM 225 residents of'the area. The west boundary is Trenton, north boundary Holman Street, east boundary Jacobson and undeveloped extension to the north and southern boundary~ Alder Street. The City currently operates and maintains the Jensen Water District and supplies water to the District. The City also provides billing services for the Jansen Water District. Residents of the Jansen Water District, because they are not residents of the City, pay a 50% surcharge for to receive City water services. The Water District feels that the size of the district is below that which is economical to operate and they would prefer not to be a Water District any more. The Water District Commissioners were very instrumental in helping to obtain the necessary 75~ participation of residents. In order to round out boundaries the area is slightly larger than the Jansen Water District. Part of the negotiations included the agreement that the City will assume all outstanding debt, approximately $85,000.00, will also assume all their assets, financial and physical. The cash estimates are approximately $25,000.00 and physical assets are equal to well over the balance between $25,000.00 and $85,000.00. Estimated revenues derived from the area of $10 - 12,000.00 are adequate to cover the costs of services in area. A preliminary services assessment is provided. All services are available in the area except for sanitary sewer which is not required to be hooked up at this time. All services can be provided out of the existing operating budget, with the exception of street improvements and storm sewers which would require an LID and the projected range of cost in the area are estimated low. Annexing to the City does not automatically require that residents must be annexed to City sewer. Even though that area is. not annexed to the City, it is within the boundaries of the Bremerton Sewer Utilities and if the Health Department decrees that the septic tanks are failing and a different system of collecting sewer is instituted, whether or not these people are in the City they will be required to hook up to the Bremerton system and pay fees. What annexation does for them is to give them City Council representation through City Council vote to determine whether or not the sewer system will be brought in. President Homing asked 'the "Appearance of Fairness/Conflict of Interest" question will all Council remaining seated. Mr. Johnson asked if other franchises and utilities are affected by annexation and is their a procedure to provide other services, such as cable TV and will we get installation tax on installation of phone, water, gas, etc. Ken Hughes, City staff, stated as part of the procedure after completing the annexation and ordinance readings papers are filed with the State and also to the City Clerk's office who then routinely notifies the utilities that are available and make sure they are aware of the new annexation. Mr. Johnson questioned who would be responsible for street lights i.f needed. Mr. Pratt what is stated is not whether they need street lights but that there are none and there is an LID method to fund them. Once they are annexed they are treated like any other part of the City, funding could come out of the general fund or be part of an LID. Rich Hanna, City Treasurer, stated this annexation would add approximately 5.5 million dollar assessed valuation to the CIty which would translate into $10,000 additional property TAPE #460 Clty Council Reg. Mtg. Minutes June 17, 1987 Page 7 of 10 #2102 tax revenue which would go to the Genera/Fund. On the financial and physical assets that would become the property of the utility are also offset to a large extent by the bonded debt that is assumed by the Utility. Mr. Waibel asked if the water system is in compliance with City's standards. Bill DuffV, Utilitie~ Director, stated the entire system was replaced seven years ago. M/S/C/U(Waibel/Long) to accept the 75~ petition with the following conditions: A. The annexed area will assume, as a condition of annexation, a pro rata share of Bremerton's current outstanding indebtedness which has been approved and by the vote contracted, or incurred prior to, or existing, at the date of annexation. B. the City will assume all assets and liabilities of the Jansen Water District. President Horninq announced that items 9B and 9C would be heard as one hearing with two motions. 9B - STREET VACATION: TERMINATION OF HEMLOCK STREET AT EAST SIDE OF WARREN AVENUE; APPLICANT: STEVE AHLSTROM; OWNER: CITY OF BREMERTON, #AB87-179 AND 9C - REZONE FROM R-1 TO B-2, PARCEL AND VACATED STREET AT TERMINATION OF HEMLOCK STREET AT EAST SIDE OF WARREN AVENUE; APPLICANT: STEVE AHLSTROM;. OWNERS CITY OF BREMERTON, JOHN EARL, DONALD MOODY, #AB87-180 On April 21, 1987, the Planning Commission voted 5 to recommending approval of the street vacation request at the termination of hemlock street at the east side of Warren Avenue. On April 21, 1987, the Planning Commission voted 5 to recommending conditional approval of the proposed fezone for the vacant parcel located adjacent to and south of Hemlock Street terminating at the east side of Warren Avenue from R- 1 to B-2. In conjunction with this fezone, the adjacent vacated portion of Hemlock Street is also to be zoned B-2. President Horninq asked the "Appearance of Fairness/Conflict of Interest" question with all Council remaining seated. Ed Davis, Planner, gave overview of location of property being considered for vacation, noting that there is no access from Hemlock Street to Warren Avenue Bridge for connection. There are two criteria which must be met for a vacation action, (1)"is there a public need to maintain the right-of-way"; (2) "Are there utilities that must be protected by easements"? In answer to (1) - Hemlock Street originates in a .neighborhood and terminates at a limited access highway. Considering the residential nature of the street and the desire to limit access to Warren Avenue Bridge ramp there does ~ot appear to be any public need to keep this portion of the street open. Closing this stretch of street would not have any negative effect on emergency access or egress capabilities as no cul-de-sac exists or could be constructed. In answer to (2) - records show that both water and sewer lines run under Hemlock Street in the area proposed for vacation. These lines, however, can be protected by easement. It is suggested that no building be permitted over either of these lines. TAPE #460 City Council Reg. Mtg. Minutes June 17, 1987 .Page 8 of 10 TAPE #461 Ed Davis, Planner, stated the criteria for fezone, noting that the request for fezone tO commercial is consistent with the Comprehensive Plan as long as access to the site is limited to Wheaton Way with a restriction placed on access from Hemlock Street; change in circumstance relates to the Comprehensive Plan's designation of the site as commercial; there shohld be no adverse environmental results with proper screening and routing flow of storm water run off to be diverted to the Warren Avenue storm drain at the developer's expense; and, this fezone would benefit the public welfare as identified through the Comprehensive Plan preparation and approval process. Steve Ahlstrom, 13975 Interurban Avenue Sou~h, Seattle, WA., representing principles in both instances, stated that conditions set forth are acceptable. At the moment there are no specific ~lans for the property being considered for fezone, only that it will allow future expansion of the adjacent office building and/or provide additional parking area. Ms. McCluskey, City following letters: Clerk, read into the record the (1) MarCaret Castro, 2833 Hemlock, opposing the vacation. She cited the property had been enjoyed by children in the area both past and present. (2) Marvin Randall, 2828 Hemlock, opposing the vacation request citing his support of maintaining the area for the benefit of the children who live in surrounding residential area and the fact that Mr. and Mrs. Castro were not allowed to purchase the property many years ago since they had shown a concerted interest to maintain and keep it as an open area for children. (3) Petition submitted by 24 individuals 'from the Hemlock/Callahan neighborhood who oppose the vacation request citing the benefit of said property to the local children for recreation purposes. Mr. Johnson asked how much money the City received for the street? Mr. Pratt, Planning Director, stated a price had not yet been determined, that upon approval of the vacation request the City Clerk would- obtain an appraisal and negotiates the purchase price with proponent. Mr. Johnson questioned the use of the property considering the setback requirements and why consider a B-2 zone if there would be space restrictions as to what they could do with the property? Mr. Pratt stated that if street is vacated there would be adequate space for expansion, duly noting that easement for utilities would have to be taken into consideration; and some time in the future the current building could be demolished and the whole property could be redeveloped with a B-2 application. What this request does is to unify those properties with a common zoning and a common ownership. Steve Ahlstrom, applicant, stated the property is contiguous to property owned by the owners he represents, and future uses to be considered are additional parking and expansion. of existing building, with the understanding that the easement for utilities must be honored. TAPE #460 City Council Reg. Mtg. Minutes June 17, 1987 Page 9 of 10 #0561 #0611 Mr. Overson questioned why the City is considering a vacation of street rather than designating it surplus and selling it. -Mr. Pratt stated the process is vacating a right-of-way and that process is being followed at this time. Other parcels surplused recently were not right-of- ways and as such the public did not enjoy the great freedom of transport over them as this one does. Release of right- of ways can only be done to adjoining property owners. Mr. Overson was concerned with criteria #2 and #4, citing he felt response was weak as to change in circumstance and he was not aware of any parking problems in that area at the present time. Don Pratt stated the previous Comprehensive Plan did not have a map nor did it include policies that would speak to commercial development in this area. The Comprehensive Plan recently adopted specifically designates this area as being commercial. The analysis of this area is not a scientific analysis but drawn from a number of policy statements that City Council has adopted, with recognition of the commercial designation across the street from the property and by approving a commercial designation for the subject property would be giving their intent that this area will become commercial in the future. Mr. Overson questioned if City was placing itself in a position for some type of legal action by the individuals who submitted the petition considering the recent congressional action. Ian Sievers, City Attorney, stated most of the arguments in the petition are mute at this time and it is very unlikely any action would be undertaken. Mr. Collins stated his concern that the residential area has been encroached upon by commercial development and did not support continuing the encroachment. M/S/C/U(Overson/Crutcher) to approve the street vacation subject to following conditions: 1. That the applicant provide a sur~ey prepared by a surveyor licensed by the State of Washington to the Engineering Department for its review and approval. 2. That water and sewer easements acceptable to appropriate departments be formally granted to the City and that these easements be recorded on ~he survey provided for in Condition #1. 3. That utility easements deemed necessary by private telephone, television and gas companies be formally granted and recorded on the survey provided for in Condition #1. 4. That the applicant compensate the City for the vacated property in accordance with State and City laws. 5. That no building be erected within formally approved. utility, water and sewer line easements and easements deemed necessary by private telephone, television and gas companies right-of-way. M/S/F(Collins/Johnson) that rezone from R-1 to B-2 denied. Vote: In favor: Johnson, Collins Oppose: Crutcher, Waibel, , Long, Overson Homing Motion fails. be TAPE #461 City Council-Reg. Mtg. Minutes June 17, 1987 Page 10 of 10 #0757 M/S/C(Long/Cru~cher) to approve rezone from R-1 to B-2 subject to a Concomitant Zoning Agreement incorporating the following conditions: 1. That access to the site be limited to Wheaton Way with no access from Hemlock or Johns Streets. 2. That those portions of the involved parcel that abut residential properties be appropriately buffered sub3ect to approval of the Planning Director. 3. That prior to construction, the applicant submit a storm water plan to the City Engineering Department for review and approval and construct a storm water system in accordance with the approved plan. Vote: In Favor: Oppose: Waibel, Long, Overson, Crutcher, Horning Collins, Johnson With no further business meeting adjourned at 7:50 p.m. APPR D SP CER HO nci · erton K LM/SH/me ccs: 1 President Normal Distribution File/Vault KATHLEEN L. MCCLUSKEY, CITY CLERK