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HomeMy WebLinkAbout09/16/87TAPE #482 UNAPPROVED DRAFT #0031 CITY COUNCIL MEETING MINUTES September 16, 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, September 16, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Watbel, A1 Colvtn, Morrie Dawkins, Lon Overson, Mary Cou Long, C. R. "Tiny" Collins. Absent were Councilmen Russ Johnson and Shirley Marry Crutcher . Also present were Assistant City Attorney Lorna Corrigan and Kathleen McCluskey, City Clerk. The meeting opened with the Pledge of Allegiance Invocation led by Council President Spencer Homing. and CONSENT AGENDA A. Minutes of Meeting held September 16,1987, #AB87-246 Change Order #1, Ford Avenue Retaining Wall - Contract #2875, #AB87-248 M/S/C/U(Waibel/Colvin) presented· to approve Consent Agenda as 2B -.- BID AWARD RECOMMENDATION - DEMOLITION OF MANETTM WASTEWAS TREATMENT PLANT, #AB87-2&7 Requests for bids were approved, prepared, advertised, distributed and received in accordance with accepted call for bid procedures to demolish _and clear debris of the Manette Wastewater Treatment Plant. Three bids were received and recorded as follows: 1. Lige & Wm. Dickson 2. Ettsap Development 3. 01ymptc Construction 869,950.00 $119.000.00 $137,237;~0 Mr. Waibel questioned the difference between the low bidder and the two other bid amounts, and could this be attributed to hazardous waste certification. Dave Baker, City Engineer, stated no and if there were a need to handle some type of hazardous waste problem it would be an add on item· The only hazardous waste .identified was asbestos which has been removed· John Poppe, Utilities Contract Compliance Officer, gave a brief description of the content of the project which included caving in the walls and reducing the rubble to an acceptable size, removal and recovery of metal for scrape materials, then bury and provide back fill up to the original grade of surrounding area. Mr. Dawkins asked if the Engineering Department had given an estimate for the project. Mr. PoDpe stated that the Engineer's estimate was $175,000 for the demolition project. Mr. PopDe described the bidding process and noted that the low bidder had one advantage which would have an impact on the bid price and that was the fact he has equipment in the area a/ready which would reduce the cost of transporting or renting necessary equipment to complete the project. Mr. Collins questioned who would have the salvage rights for metals removed. Mr. Poppe explained that the contract gives the contractor salvage rights. TAPE ~482 City Council Reg. Mtg. Minutes September 16, 1987 Page 2 of 6 #0322 Mrs. Lone questioned the disposal of the broken concrete. Mr. Poppe explained that the contractor will break up the concrete which would then be used a fill material. M/S/C/U(Overson/Collins) that the contract to demolish the Manette Wastewater Treatment Plant be awarded to the firm of Lige & Wm. Dickson as to specifications and low overall bid in the amount of $75,406.10 (including tax). #0045 PROCLAMATION Ms. McCluskey, City Clerk, read a proclamation by Roy A. H. Rainey, Municipal Judge, proclaiming September 17 as CONSTITUTION BICENTENNIAL CELEBRATION DAY, a day to set aside and reflect on the United States of America principles and ideals, guarantees of certain fundamental rights and freedom for all Americans. 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(Colvin/Waibel) on September 16, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 31428, 31429, 31430 and 31435 through 31648 in the total amount of $174,754.17 . COONCIL MEMBER I~EPORT Mr. Dawkins worked at the USS Nlmitz picnic on Saturday where they fed approximately 2300 people. The Commander of the USS Nimitz was most pleased about the reception of given to them by the citizens of Bremerton. Also, he had the opportunity to attend the Planning Symposium held in Silverdale as well as the demolition ceremonies held for the Bremerton Ferry Terminal. Mr. Waibel artended the Symposium and found it interesting - where the possibilities for year 2020 were discussed in a graphic manner but as far as how they are to be accomplished was addressed in the meeting, .however, there are some current recommendations to the 'State Legislature how to govern those changes and the public is invited to make comments on those recommendations. Mr. Waibel artended the opening of the new Police Patrol Division facility, well artended by other local authorities and he also artended the Ferry Terminal Demolition ceremonies which we hope is the beginning of better ferry service for Bremerton. Mr. Collins artended the 15th Anniversary of the Manerrs Senior Citizens Center (held Saturday) which was quite interesting and very pleasant. Mrs. Lone artended the Symposium and found it interesting - there is anticipated growth projected for this area but funding for the infrastructure was not addressed Mr. Colvin was thrilled to have visited the Tall Ships and had an opportunity to welcome their arrival and to meet one of the captains and his family. A letter from Mrs. Mary Drouin and the Busy Hands Home Extension group regarding "cleaning-up efforts" was. received and he will lend his TAPE #482 City Council Reg. Mtg. Minutes September 18, 1987 Page S of 6 support to their efforts. On Thursday evening, September 17, several past Council members will will be sharing their City Council experiences and everyone is invited to the meeting. Also, Mr. Colvin will be leaving for the U.S.S.R. on Sunday, September 20. Mr. HoTnine had the opportunity to ride in on one of the Tall Ships and described the efforts put forth by 40 people onboard to hoist the sails. The reception given by Bremerton and Port Orchard was the finest the Tall Ships have received so far on their voyage. Mr. Homing publicly thanked the Bremerton/Kttsap County Visitor and Convention Bureau for their efforts in coordinating this event. Mr. Horntng artended the Ferry Demolttlon ceremonies and stated that Mr. Kamps, Transportation Commissioner, publicly stated that Bremerton should continue to keep the vigil, demand more and better service without increased rates. 8A - PROFESSIONALS SERVICES AGREEMENT - KITSAP LAKE PARE - PHASE I I.A.C. FUNDED, #AB87-249 Approve the"Professional Services Agreement" for Kitsap Lake Park Phase I Improvements (funding provided through an Interagency Committee 8rant) to the David Evans & Associations, Inc. Total for design work not to exceed 820,300.00. Arvll~a Oh/de, Parks Director, gave a brief outline of the .interview and' selection process, 'noting proposals were solicited from nine designers, five were selected and three were interviewed. The presentation made by David Evans a Associates was very clear, addressed the needs of the project, and provided a time line for completion of the project. Mr. Overson questioned if the Evans firm was the low bidder. Dave Baker, City Engineer, outlined ..the Professional Services process which was the procedure followed for hiring a professional consultant for this project - not a bidding process. Mr. Overson raised question as to justification for the cost considering the fact that the City has done considerable work in advance in preparing this package for funding. Also, Mr. Overson asked who were the interviewers? Ms. Oh/de stated Dave Baker, City Engineer, Bill Duffy, Utilities Director and Rich Hanna, City Treasurer. Ms. Oh/de stated that she was present during the interviews and that a matrix of questions had been prepared and were referred to during the interview process to ensure that all areas of concern were covered. Mr. Dawkins brought up the issue of not exceeding $20,300.00 for design work and wanted to know if each firm based their proposal with this understanding. Ms. Oh/de stated that I.A.C. regulates that only 10~ of the funds for the project be utilized for design work and that yes, each firm was aware of the limitation. Mrs. Lona questioned if during the application to I,A,C. for funding of the project did the City have to provide a plan or outline for that particular design and if so it had two phase? Ms. Ohlde stated that in applying for the current grant there is only one phase. As a clarification, Ms. 0hlde explained that there is a Kitsap Lake Water Quality Study which has two phases. As a part of the Phase II part of the water qualiky study - action was required to TAPE #482 City Council Reg. Mtg. Minutes September 16, 1987 Page 4 of 8 #1221 obtain fundlng for accessibility to Kitsap Lake whlch ls the grant received. The application for this grant, which was received, does not have a phase II. M/S/C(Watbel/Colvin) to approve passage of the Professional Services Agreement with the David Evans & Associates, Inc., flrm, to provide construction designs of the Kitsap Lake Park Development. Vote: In Favor: Oppose: Dawklns, Walbel, Homing, Colllns, Colvln, Long Overson #1745 ?A - ORDINANCE (FIRST READING) LEVYING MUNICIPAL TAXES, #AB87-250 State law requires that a property tax ordinance be passed prior to the flrst Wednesday following the first Monday in October. These figures are estimates at this time but will be automatically changed upon receipt of the Final Assessment Roll from the County as indicated in the ordinance. Mr. Dawkins asked what last years estimated assessed evaluation amount to. Ms. McCluskeV stated it was $873,737.016. Mr. Dawkins potnted out that this years estlmate ts about 844,000,000.00 lower than last year and asked-*tf the City could challenge the amount proposed. Watbel stated that the Clty experienced a drop last year and the CIty did challenge with the County making an ad3ustment in the flnal amount. Mr. Hornln~ requested Ms. Mccluskey to ask the Assessor~s office for an explanation on their determination. Mrs. Lon~ raised the question if the percentage being presented is the same as was approved last year. Mr. Watbel explained that the percentage requested is 6~ over what was received last year. M/S/C(Walbel/Dawkins) to approve 0rdlnance on first reading levying Municipal taxes agalnst all the taxable property within the City llmtts of Bremerton for the yea= 1987 and approvlng the assessment roll made by the Assessor of Kitsap, therefore to be collected in the year 1988. .Vote: In Favor: Oppose: Overson, Dawklns, Waibel, Horning Collins, Colvln Long #1802 7B - ORDINANCE #4120 (SECOND READING) REVISING COMPOSITION OF THE CITY INVESTMENT COMMITTEE, #AB87-240 Ms. Mccluskey, Clty Clerk, stated that the requested changes from the first readlng had been made. M/S/C/U(Dawklns/Waibel) to approve Ordinance #4120 on second reading, revlslng the composition of the City Investment Committee and amending B.M.C. 2.14.010. 7C - RESOLUTION #2181 FOR SIDEWALK REPAIR AT 3214 PREBLE STREET, #AB87-251 The Engineering Department has sent letters to the property owner at 3214 Preble Street requesting that he repair the sidewalk as per Ordinance #2968. As of this date the owner as not responded. . TAPE #482 City.Council Reg. Mtg. Minutes September 18, 1987 Page 5 of 6 Dave Baker, City Engineer, stated that the Engineering Department and Street Department are experiencing problems in that the code says the property owners are responsible to maintain sidewalks adjacent to their properties as well as parking areas. When the Engineering Department gets a complaint from the public we have no choice but to go ahead with that complaint and contact the property owner and notify them that according to the Code the condition must be repaired. The problem comes when the City sends a letter to the property owner which says that the City will repair the condition if they won't. In many instances the property owners do nothing and let the City take the responsibility of making the actual repair. The City has no funds to follow through and make the repairs, nor do we have a way to directly access these properties. The Washington Code states that a Resolution is necessary in order to charge a property owner and make an assessment against their property. In this particular case the property owner has refused in several occasions to repair this sidewalk. The Resolution, if passed, will give the City the right to attach that property for the cost of the repair. Mr. Waibel questioned how the City collects the money. Ian Sievers, City Attorney, stated that the ROW provides for a lien on the property - it can be enforced or foreclosure enacted on the lean as any statutory lien, leave the lien on the property until it is sold, or collect the debt civllly with a simple Judgement against the owner. The City would have to spend'the money up front to make the repairs then the lien could be brought against the property owners. Mrs. Lon~ and Mr. Colvin did not support the section of the Resolution relating to: "property owner shall be changed the cost of reconstruction in an amount up to 50~ of the valuation of the property"; but that it ~hould be strictly tied to the actual cost of repair. Mr. Collins questioned the City allowing parking on parking strips which could force parking on sidewalks with heavy vehicles. Mr. Baker stated that this is true in some areas of the City but not in this instance. Mr. Collins stated that the City has a responsibility it needs to look at when it is making people park off the street onto a parking strip which is a larger overall problem. Mr. Walbel pointed out the City is at a great liability if noting is done to repair the condition and he supported retaining the section in the Resolution relating to being able to charge up to 50~ of the valuation of the property which is there to protect the property owner. Mr. Overson pointed out the RCW states that the property owner is responsible for maintenance of sidewalks - where is the Ctty's liability? Ian Stevers stated that in most court cases the City's management responsibility of sidewalks is not negated - the City can collect costs from the property owner but the bottom line responsibility remains with the City. Mr. Horninc questioned the publics ability to park an 8 foot car on a 14 foot parking strip .... ample room is provided. Also, Mr. Homing asked .when would the repair work be completed and what is the estimated cost. Mr. Baker stated TAPE #482 Clty Councll Reg. Mtg. Mlnutes September 16, 1987 Page 6 of 6 #2785 that work should be started within the next 30 days and the estimated cost ls $1.00 per square foot ($1,500.00). Mr. Hornlnu questioned how the property owner will be billed. Ms. McCluskeV, Clty Clerk stated that it would be placed on the General Billlng system then if it falls 30 days behind the Clty Attorney's offlce ls notifled and if it falls beyond that it may go to a collection agency. M/S/C(Watbel/Colvin) to approve Resolution #2181 for sidewalk repair at 3214 Preble Street and direct the Street Department to do the repairs. Vote: In Favor: Oppose: Dawkins, Watbel, Homing, Long, Colvin Overson, Collins PROCLAMATION Ms. McCluskey, City Clerk, read a Proclamation presented by the Elks Club whlch commemorates the bicentennial slgntng of the Constitution on September 17 and Mayor Gene Lobe proclaiming September 16 as a CELEBRATION OF CITIZENSHIP. President Hornln~ ad3ourned the public portion of the meetlng at 7:00 p.m., with Council members meetlng for a Study Session in the Council Conference Room. With no further buslness meetlng adjourned at 8:35 p.m. ~""'MCC~LUSKEy~~,CTy KATHLEEN L. CLERK APPROVED SPENCER HORNING, Council President City of Bremerton KLM/SH/me ccss: Normal Distribution File/Vault