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HomeMy WebLinkAbout06/19/85TAPE ~255 UNAPPROVED DRAFT #0081 #0133 · #0221 · #0320 · CITY COUNCIL MEETING MINUTES June 19, 1985 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 19, 1985, at 4:P30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Bill Amo, Russ Johnson, Roy Mosely, Clyde Pachek, Jim Adrian, Spencer Horning and Phil Drouin. Also present were Assistant City Attorney Jane Kohler and City Clerk Kathleen McCluskey. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson with Councilman Jim Adrian giving the invocation. CONSENT AGENDA Item #A - Minutes of June 12, 1985, #AB85-264; #B - Agreement Extension Request George Mischel - Bremerto~ Water Main, #AB85-265; #C - Budget Adjustment Request, #AB85-266; #D - Contract Revision/Professional Services Agreement - Robinson & Noble, #AB85-267, and #F - Bid Award Recommendation Anderson Hill Water Main Installation, #AB85- 270. M/S/C/U/(Adrian/Horning) to approve Consent Agenda items #A - #D and #F as presented. Item #G - Contract C-02 (Oyster Bay Crossing) - Permission to Call for Bids/Wastewater Facilities Construction Project, #AB85-269. In order to begin construction as soon as possible the bid call should begin in order to proceed when approved by the Department of Ecology. M/S/C/(Pachek/Mosely) to approve -Permission to call for bids, Contract C2 (Oyster Bay Crossing). VOTE: In favor; Sturdivant, Horning, Pachek, Mosely, Anderson, Adrian & Johnson Abstain; Amo (just joined the meeting) Motion PASSED. Item #H - Change Orders No.1 6 to Contract C-6 revises the subject contract to reflect work the contractor was directed to do during the course of construction, #AB85-271. Estimated-cost was $150,000, however, the change order amounted to $64,123.00. M/S/C/U/(Pachek/Adrian) to approve Change Orders No. 6 to Contract C-6. Item #I - Change Order No. 17 to Contract C-3, #AB85-272, identified the amounts of payment to the contractor, Pease and Sons, Inc., for several items of extra work. Negotiations with the contractor and review of the documentation of costs provided have resulted in compensation that is fair to both parties. The contractor, resolution of all past and present claims and waives all rights to new claims. Total cost of settlement is 589,898.54. Mr. Ken MacKenzie, Project Engineer, stated that this is within $300.00 of the total estimated costs. M/S/C/U/(Mosely/Pachek) to approve Change Order No. 17 to Contract C-3. Councilman Drouin joined the meeting. TAPE #255 City Council Reg. Mtg. Minutes June 19, 1985 Page 2~ of 7 UNAPPROVED DRAFT Item #E - #AB85-268, is a request from the Water Department for Bid Call - Forest Products Sale, Jarstad Lake Thinning, Unit #1-85. A small wood thinning is proposed by the Water Utility on approximately 130 aces of Watershed lands, located in the vicinity of Jarstad Lake, as part of the Utility's Sustained Yield Forestry Program. The purpose of this thinning is to reduce the stock level of the stand from it's present overstocked condition to 175-200 stems per acre. Sale of these forest products, which are normally unmerchantabte, should generate approximately 4550 green tons of Douglas fir and other species, at an estimated value of $6,800.00. It is recommended by staff that the lowest acceptable bid be established at $6,800.00 per attached prospectus, on file in the City Clerk's office. #0453 · #0468 M/S/C/U/(Sturdivant/Adrian) to approve bid call - Forest Products Sale, Jarstad Lake thinning, Unit #1-85. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing which has been made available to the Council. M/S/C/U/(Adrian/Pachek) of June 19, 1985, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: voucher numbers' #12480 - #12587, in the total amount of $257,209.14,'and voucher 'number #12474, in the total amount of $518.28. MAYOR'S REPORT Ms. McCluskey announce that Mayor Dawkins is in Spokane at the State Association of Washington Cities Conference. ATTORNEY'S REPORT - None PUBLIC RECOGNITION - 4:45 p.m. Council President announced Public Recognition with no one coming forward. COUNCIL MEMBERS REPORTS Councilman Drouin, displayed a Plaque, presented the City of Bremerton by Puget Power at it's Expo-Conservation Luncheon held Monday, this week. The City of Bremerton is recognized for it's installation of 2 Diesel Generators in the new Wastewater Treatment Facility which in future years Puget Power can derive power supply for the plant. The plaque is to remain custody of the City of Bremerton. Fire Chief Leonard Marks, presented a Certificate of Recognition to U.S.Navy Quartermaster 2-C, Micheal Gill for his efforts in assisting Fire crews in putting out a dumpster fire. Councilman Adrian, indicated the Department of Transportation will meet in Olympia tomorrow and he encouraged his fellow constituents to remain visible in Olympia. Councilman Dr~uin, noted that the regular Wastewater Facilities Committee meeting will be held June 20th at 9:30 a.m. in Council Conference chambers. He stated he attended a regular Sludge Agreement meeting Monday. TAPE #255 City Council Reg. Mtg. Minutes June 19, 1985 Page 3 of 7 UNAPPROVED DRAFT Councilman Mosely, stated he had the opportunity to attend the State Police Academy in Auburn, run by Seattle Police Department, and stated that training in Police Science has come a long way in recent years. Councilman Sturdivant,attended the regular Golf Board of Director's meeting with the following highlights; (1) Windows & Roof repairs were postponed due to recommendation by Support Services Superintendent, Dave Patmon, that' flashing should solve the problem of leaking roof at a much lower cost; (2) It was established, instead of purchasing a Backhoe for the Course, one could be rented from the Parks department; (3) Scott Alexander, Golf Professional, has requested approval to purchase a Driving Range cover, from Overlake Golf Course/Bellevue, and in the event he leaves the City operations, will repurchase it back from the City for the $1,000.00 purchase price. Board concurred; (4) The Cart Fund has $1,712.00 accumulated for golf paths and it was recommended that aerial photos be taken to determine topography of the course which will also provide information relating to sprinkler head locations which is not now available; (5) The net was considerably up from the previous May and June is anticipated to net approximately $15,000 from last year. Golf Professional Alexander is promoting a couples-league for a 6-8 week period for Friday and Saturday evenings which is low-play time of the day; (67) It was decided to employ a weekend "Course Marshal" to expedite play and move people along; (7) Mr. Alexander is concerned about Restaurant and Bar therefore Messrs Gary Fuller and Bruce Bryant ~ill come up with a proposal; (8) the Grounds Keeper, Steve Miller, reported #4 Green has been reconstructed and project is complete. (9) Mr. Sturdivant stated that watering of the Course will be limited until Anderson Creek on line at Casad Dam, and (10) Restaurant Manager Bruce Bryant reported an increase of $4,000.00 over the same period a year ago. Councilman Drouin asked when fees will be increased with Councilman Sturdivant noting that no increases will be considered until the Course continues a positive return for a period of time. WATER SUPPLY & TRANSMISSION MAIN REPLACEMENT GORST CREEK, #AB85-273 The Bremerton Water Utility has been notified by the Department of Transportation of the State of Washington of its intent to construct highway improvements in the Gorst area; to include bridges, structures, and construction of additional lanes for traffic flow. Under the terms of franchise agreements between the City and the State governing the installation and operation of water mains along the State Highways, the Utility will be required to relocate and/or replace it's transmission mains and appurtenances in order to accommodate the proposed highway system improvements. The proposed project for replacement of these water mains to accommodate the State Highway project has been divided into four separate schedules to permit continuity of system operations as well as construction of the highway improvements. Plans and specifications for overall project have been completed and have. been forwarded to the appropriate departments and agencies for review and approval. Funding of Schedule I and II will be from the Water Utility's Transmission Main replacement fund #406 and will require the issuing of approximately $850,000 of Bond Anticipation Notes. Funding of Schedule III and IV will be from the Utility's Capital Improvement Fund #403 and will require the rescheduling of certain other improvement projects. Staff recommendation to Council was to (1) authorization of the issuance of up to TAPE #255 City Council Reg. Mtg. Minutes June 19, 1985 Page 4 of 7 UNAPPROVED DRAFT #1241 #1404 · $850,000 worth of Bond Anticipation Notes during the project per Ordinance #3948 and (2) Bid Calls for Schedule I through IV for relocation of the water supply and transmission mains and appurtenances. Mr. Bill Duffy, Water Superintendent noted to Council, the City has no choice in this matter. Councilman Mosely asked if the Department of Transportation would assist in this cost with Mr. Duffy responding that it is the City's responsibility to relocate any utilities. M/S/C/U/(Drouin/Horning) to approve authorization of the issuance of up to $850,000 worth of Bond Anticipation Notes per Ordinance #3948 and Authorization of Bid calls for Schedule I through IV for relocation of the water supply and transmission mains and appurtenances. AGREEMENT/HOUSING OF PRISONERS FOR SUQUAMISH TRIBAL POLICE, #AB85-274 Chief Lee Elton of the Suquamish Tribal Police Department has asked the Bremerton Police Department to house certain prisoners within the Bremerton City Jail. SuqUamish Police do not have a detention facility, and presently are forced to transport their prisoners to Clallam County Jail. Police Lieutenant Pat O'Neill reported to Council that the jail has space available and that the City would consider it's prisoners first, in the event there is a shortage. Councilman Sturdivant felt that $30.00 a day is low compared to County charges of $42.00 per day with Lieutenant O'Neill stating Bremerton will be soon increasing it's rates. M/S/C/U/(Mosely/Adrian) to approve entering into a contract with Suquamish Tribal Police for the purpose of Housing of Prisoners, space available. ORDINANCE #3966 (2ND. READING) CONSOLIDATED CONSTRUCTION AND FIRE SAFETY CODES, #AB85-234 Council President Anderson asked the standard "conflict" question with Councilman Horning stepping down, as previously done on first reading of this ordinance. Mr. Dave Delph, Building official, noted that should Council choose not to pass, the City will have a continuation of a disjointed group of ordinances which are currently in violation of State law, thus providing a disservice to the residents and their contractors for the City of Bremerton. However, passage will ensure existing and projected Staffing levels should be able to maintain the general intent of this ordinance. Councilman Sturdivant asked if, during meetings with Businessmen and Contractors, if problems with the ordinance passage were resolved. Mr. Delph felt that 'both were appeased or they would be present at this meeting to oppose the ordinance. Mr. Bert Gegner, 934 Washington, noted Page 4, Sec. 7, Line, 5, that the word "shall" should be added, to read "he/she may retain necessary personnel, "shall" conduct inspections and, etc. Mr. George Allan, 1300 Northeast Bond Rd., strongly (1) objected to ordinance and felt "may".should be substituted for suggested word change aforementioned. (2) he noted Page5, Sec (e), objected to the "Deletion of under-floor inspection"; (3) objected to $30.00 penalty for contractors and suggested the same be imposed on an inspector when in error. Councilman Sturdivant asked why a° Mechanical Inspector was not required to be licensed,' with Mr. Delph responding that only certain professionals, with journeyman status are required to be licensed, which a Mechanical Inspector does not necessarily hold a journeyman's TAPE #255 & #2" City Council Reg. Mtg. Minutes June 19, 1985 Page 5 of 7 UNAPPROVED DRAFT #2328 · TAPE #256 #0021 · certification. Councilman Adrian noted that other cities and counties. do not require a Mechanical Inspector to be licensed. Councilmen agree there was no objection to adding the word "shall", Page 4, Sec. 7, Line 5. M/S/C/U/(Sturdivant/Amo) to pass Ordinance #3966, regarding the State Building Code Act and Related Matters, and adding the word "shall" between "personnel" and "conduct", Page 4, Sec. 7, Line, #5. Councilman Amo asked Assistant City Attorney Jane Kohler the City's liability by adding the work "shall" which she responded that the City could be liable either way, with or without the addition of the verbiage.. Recessed at 5:45 p.m.; Reconvened at 6:00 p.m. Councilman Adrian left the meeting. HEARING - REQUEST FOR REZONE R-5MH (COUNTY TO MANUFACTURING TO CITY) APPLICANT DON W. HEBARD, LOCATED AT N.W.CORNER OF INTERSECTION OF AUTO CENTER WAY & ROGERS (PRE-ANNEXATION REZONE), #AB85-276 Councilman Anderson asked the standard "Conflict" question with all Council remaining seated. Mr. Bob Duffy presented Planning Staff report. He stated the applicant is Dr. Don W. Hebard, Evergreen Radiology Associates, which is requesting a Rezone R5-MH (County) to M (Manufacturing) for property located at the N.W.Corner of the Intersection of Auto Center Way and Rogers Streets. Planning Commission gave unanimous approval for the request and conclusions in Resolution No. 746. Applicant's intention is to develop the 2.3 acre site after annexation into the City. The subject site is served by all common urban utilities. Comments by departments included concerns addressed by both the Engi'neering and Fire Departments contain in Resolution #746, on file in the Planning Department. Mr. Jim Strait, Kitsap Lake Neighborhood Assn. stated his Neighborhood is for the rezone annexation proposed by this action. President, and future M/S/C/U/(Johnson/Pachek) to approve the request for Rezone R-5MH (County to Manufacturing to City) - Applicant Don Hebard, Location: N.W.Corner of Intersection of Auto Center Way and Rogers (Pre-Annexation Rezone). WESTERN TO ROGERS TO AUTO CENTER WAY ANNEXATION - APPLICANT, CITIZENS (75% AS PETITIONED), #AB85-277 Council President Anderson asked the "conflict" question with all Council remaining seated. Mr. Bob Duffy, Planning Staff, presented recommendations from the Planning Commission Advisory Report, on file in the Planning department. He stated that 75% of the owners of subject property located at Rogers to Western to Auto Center Way, signed a petition for rezone. The annexation will change the governmental boundaries to the south and east. The annexation will alter fire, police, and some other governmental service areas. Water service, storm drainage, school district boundaries and some other governmental service areas will not be altered. Business and Occupation tax revenues from the area will flow in to the City of Bremerton from business activity conducted in the area. The subject property is 21.76 acres with access to the site gained from Rogers, Western, and auto Center Way. The site is served by all common urban utilities. Before annexation TAPE #256 City Council Reg. Mtg. Minutes June 19, 1985 Page 6 of 7 UNAPPROVED DRAFT #0225 · #0453 · #0555 · can be finalized, the Kitsap; County Boundary Review Board must review and the proposed annexation and the City of Bremerton must pass an ordinance annexing the area. The Planning department recommended approval of the prosed annexation, feeling that the present character of the area, the patterns of provision of current and future service to the area,.the logical boundary change and the potential for increased revenues to the City all indicate support for the proposal. Mr. Duffy noted that the legal description was incorrect on the Advisory Report, Page 9, 1st "ALSO", line #4, amend "the north" to "north of the North" right-of-way line of SR3. Mr. Bert Gegner, 934 Washington, was in favor of the request to annex subject site. Mr. Jim Strait, President KLNA, spoke for his contituents in support of the proposed annexation. M/S/C/U/(Johnson/Horning) to approve a request by 75% of the property owners of site, designated on Planning Advisory Report - Western to Rogers to Auto Center Way, for annexation into the City of Bremerton. ORDINANCE #3971 (2ND. READING) REPEALING ORDINANCES DEALING WITH MUNICIPAL COURT AND POLICE JUDGE PRO TEMPORE, #AB85-260 This Ordinance repeals four outdated City of Bremerton ordinances dealing with our Municipal Court. City Council, at it's June 12, 1985, approved first reading. M/S/C/(Droufn/Mosely) to pass Ordinance #3971 repealing Ordinance No. 2720, Ordinance No. #2851, Ordinance #2030 and Ordinance #3847 relating to Municipal Court and Police Judge .Pro Tempore. VOTE: In Favor; Sturdivant, Horning, Pachek, Mosely, Anderson, Drouin, and Johnson Abstain; Amo (felt Publi~ should comment) Motion PASSED. ORDINANCE #3970 (2ND. READING) CITY TO RAINIER BANK - QUIT CLAIM DEED & PASSAGE OF ORDINANCE VACATION RIGHT-OF-WAY, #AB85-263 Council approved first reading of ordinance at it's June 12, 1985, meeting. Councilmen Johnson and Sturdivant wahted to know where the money would come from and account to be credited with Ms. stating she would check. M/S/C/U/(Mosely/Johnson) to pass Ordinance #3970, second reading, granting vacation of a right-of-way (Rainier Bank) to the City of Bremerton. RESOLUTION #2069 - FORMAL REQUEST FOR NAVY SUBMARINE USS SAILFISH, #AB85-275 The Navy has indicated in a letter to the Mayor that the submarine USS Sailfish can be donated to the City for display providing a formal application is filed in the Navy's format prior to July 1, 1985. This format'requires commitments to receive, berth, maintain and, in the event of mobilization, to return the submarine. Certain use commitments limit the useability of the submarine, but it can be displayed for admission fees on the Bremerton Waterfront as envisioned in the Downtown Bremerton Waterfront Plan. The City Council must authorize the Mayor to sign and submit a formal application for the Sailfish in that the formal application identifies certain potential financial obligations of the City. TAPE #256 City Council Reg. Mtg. Minutes June 19, 1985 Page 7 of 7 UNAPPROVED DRAFT #1324 · Mr. Jack Maher, Waterfront Development Manager, spoke of the need to apply for the Submarine, even if the City chooses at a later date to make application for a more historical vessel. At present it is the only ship available for tourism to replace the loss of the U.S.S.Missouri as a local attraction. He further outlined the Submarine's role in the Waterfront development effort and that it is so designed as to be utilized for a breakwater for the proposed waterfront marine. The Waterfront Development staff encourage Council to adopt the Resolution. Mr. Bert Gegner, expressed concerns that the City should wait for a ship of destroyer or surface class before making a commitment to the Navy. Further he felt the City would not be able to maintain an older vessel and that there were nuclear class ships available for the asking. Mr. Maher responded that this application would be a drawing card for a more sophisticated ship. He said it is difficult to work with ships not well-preserved and that the City would not have immediate possession of any ship applied for because it takes nearly a year to be appropriated by the Federal Government because of the need for Congressional approval. M/S/C/U/(Mosely/Pachek) to approve Resolution #2069, authorizing Mayor Morrie Dawkins to execute the formal application for the donation of the U.S.S.Sailfish to the City of Bremerton by the U.S.Navy as the appointed person representing the City of Bremerton. With no further business, meeting adjourned at 7:09 p.m. KATHLEEN L. MCCLUSKEY, City Clerk City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs cc: Normal Distribution File/Vault