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