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HomeMy WebLinkAbout12/04/85TAPE #304 UNAPPROVED DRAFT #0070 #0138 · CITY COUNCIL MEETING MINUTES December 4, 1988 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, December 4, 1985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Clyde Pachek, Bill Amo, Russ Johnson, Roy Mosely, Spencer Horning and Jim Adrian. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with Councilman Homing giving the Invocation. Council President Anderson noted that Agenda Bills, #2A - Change Order No. 1 to Contract #2592 - 1548 Warren Avenue Roof & #8A, #AB85-493 - Purchase request - (1) Cushman S- Wheel Scooter, #AB85-518, were pulled from the agenda. CONSENT AGENDA Item #A - Minutes of November 27, 1985, #AB85-517, with addendum of vote division, Pg. 7, Motion ##0056 - 7 for, 1 abstain. · M/S/C/(Adrian/Horning)to approve the Consent Agenda, as pre- sented. 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/(Drouin/Johnson) on November 27, 1985, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: Payroll vouchers in the total amount of $331,755.53 and regular voucher numbers #16422 - #16489, in the total amount of $117,472.29, and #16416, in the total amount of $2,400.00. MAYOR'S REPORT - None ATTORNEY'S REPORT - None City Attorney Bill Broughton did request that the Executive Session scheduled under his report, be postponed until the regular Council meeting is completed and subject to be discussed is potential Utility Tax litagation. COUNCIL MEMBERS REPORTS Councilman Johnson reported on a meeting/dinner held Tuesday evening to gather newly elected officials together to discuss transitional matters. Councilman Adrian reported that the Council "Statements of Legislative Intent" will be in final draft form by Thursday, December 5, 1985. Councilman Drouin announced the final meeting for the Wastewater Facilities Committee to be held Thursday, 9:30 a.m. in the Council Conference room. Also there is scheduled a Puget Sound Council of Governments meeting which will deal with Regional Sludge. He noted that hearings are being held for Seattle Metro Wastewater Treatment facilities TAPE #304 City Council Reg. Mtg. Minutes Decerrber 4, 1985 Page 2 of 7 UNAPPROVED DRAFT and it is his opinion that they are trying to seek total funding. He encouraged his contituents and public to write to their elected officials in protest. Councilman Mosely spoke on an article in the Seattle Times, November 11, 1985, regarding the sewer treatment plant. Councilman Drouin asked to add that State Representative Paul Zellinsky, present this evening, has fought funding the Seattle Metro operation and the Wastewater Utility Tax issue. Councilman Sturdivant stated that the greens at Gold Mountain Golf Course are getting back in shape due to the heavy percipitation and fertilization done. PURCHASE OF STATE PATROL FACILITY, #AB85-477 Subject to Council approval the City has negotiated a real property transfer between the City of Bremerton and the Washington State Patrol. This proposed exchange of property involves the existing WSP facility, located on Auto Center Way and a parcel of real property owned by the City located at the intersection of Union and Werner Roads. The real property owned by the City has been surplused to City needs and is owned by the general fund. The State Patrol building and land is owned by the State of Washington, is fee simple. Two appraisals have been obtained on both parcels of property. Based upon those appraisals it appears there is an approximate $90,000.00 differential in value with the City's raw land being more valuable. To compensate for this difference in value, the State Patrol has agreed to leave a vehicle inspection building on a concrete pad. The value of this building is between $60-65,000.00. In addition, the State Patrol has agreed to pay to the City the sum of $20,000.00 with a proposed earnest money agreement included in Council packets. Once the earnest money agreement is approved the City can take the additional necessary steps to obtain appropriate zoning on the property it owns and annex a portion of it into the City limits. Once completed the appropriate deeds can be executed by the Mayor and the State to transfer final ownership of the properties. Council is asked to approve the earnest money agreement. Further this exchange of properties will enable Bremerton Police Department to moved to the existing WSP building as it's headquarters, allowing the existing Police Department facility to be expanded for needed jail improvements and adequate office facilities. Police Chief Don Cundiff introduced Washington State Patrol Chief George Tellvik who gave a short history of the needs of the WSP in the Western Region of the State. He stated that several sites were considered but the Patrol, through process of elimination found the surplused City property ideal, close to the epicenter of the District/Regional needs,immediate access to freeways and within the largest populace served by this detachment, reaching from Vancouver, WA to Port Angeles and Western Puget Sound to the Coastal areas. The Patrols intent is 20-50 years occupancy at this location for adequate room for expansion as needed. He noted that this would also assist the Bremerton Police Department in reducing local crime and more officers in the area at any given time. Councilman Drouin noted that he was one of the sponsors for the proposed land exchange/purchase but questioned appraisals and how figures arrived in the amount the WSP would need to pay the City. Chief Tellvik responded that the land negotiations were accomplished through the State TAPE #304 City Council Reg. Mtg. Minutes December 4, 1985 Page 3 of 7 UNAPPROVED DRAFT #~560 General Services division by a property management specialist and building value was based on replacement value. Councilman Anderson stated that Chief Cundiff thoroughly explained the benefits to the City. Councilman Adrian asked when WSP would vacate, leaving available for BPD to occupy with Chief Cundiff stating early 1987. State Representative Paul Zellinsky, noted that the proposed exchange/purchase is endorsed by the local 3 Senators and 9 House members and noted the future increase of efficiency to Bremerton Police Department. He offered his assistance in any way to aid the City in acquisition or transition. Ms. Cindy Woods, State General Administration Division, stated she had authorization to trade the existing WSP property and reviewed 11 sites. The deciding factors included; (1) Public use to present location; (2) close to freeway access, and (3) thinks residents in the Bremerton area would like to continue to have visible Patrol in this area. Councilman Johnson asked if there were any covenants required in the deeds that would limit the use? Ms. Woods responded that there were bonding liens which are now satisfied. She stated that negotiations included give and take on both the State and City officials, one being the need to level the City's proposed parcel to a more buildable site. There is a stipulation that an amount, up to $10,000 be provided by the City crews to accomplish this need, however, the actual dollar figure may be substantially less. Mr. Bill Enqer, President Bremerton Area Chamber of Commerce, stated the Chamber endorses the proposed exchange and if the City is realistic, it cannot and will not be able to afford property acquisition or building a new Police Headquarters on it's own because of financial restraints therefore the proposal would weigh heavily for the City to approve this request. Further the area where the WSP proposes building it's new District Headquarters can only enhance attractive development in the Bremerton City limits. Mr. Pete Flynn, Manager of Mainstreet Association, reiterated what was said and felt this kind of new development is what Bremerton is seeking. Discussion followed regarding City crews doing land/site preparation. City Attorney Broughton noted that the $10,000 figure would be applied on the hourly salaries plus benefits and equipment and is figured on fixed costs. Councilman Adrian expressed concern that the agreement may imply "to provide site ready for construction". Chief Tellvik clarified the Patrol's position that they are not seeking a ready to build site because they have their own site preparation work. This is only an attempt to level the lot because of the extreme different levels as the site now exists. He stated the Patrol would be willing to enter into a Hold Harmless agreement, if necessary, however City Attorney Bill Broughton stated that it is recorded on tape that the State Patrol understands the conditions of City responsibility up to the maximum limit of $10,000, for some leveling of site only, not site preparation for construction. · M/S/C/(Drouin/Mosely) to agree to the Purchase Agreement between the City of Bremerton and the Washington State Patrol, accepting the earnest money agreement. VOTE: in favor: Sturdivant, Homing, Pachek, Mosely, Anderson, Drouin, Adrian & johnson Opposed: Amo Motion PASSED. TAPE #304 City Council Reg. Mtg. Minutes December 4, 1985 Page 4 of 7 UNAPPROVED DRAFT Councilman Amo requested, for the record, that he was still concerned about the portion of the agreement to incur City expense for land leveling. PUBLIC RECOGNITION Mr. David Murphy, 1520 Arvon, property owner of parcel on Thompson Avenue, read a follow-up letter to his complaints heard at City Council on November 20, 1985. Specifically Bremerton Concrete's alleged violations of the "special use permit" granted under an ordinance, on file in the City Clerk's office. Mr. Don Pratt, Planning Director, reported on action taken by the Planning department to date: (1) The enforcement of zoning violations (a) must be documented; (b) have made site visit, and (c) paperwork is being prepared: (2) At the January Planning Commission this issue will be heard for revocation of special use permit: (3) the letter from Mrs. Murphy, addressing her requests, must go through several agencies such as the Enviromental Protection Agency, State Air Pollution Control, etc. and the Planning department has requested that these agencies respond no later than December 16, 1985. Mr. Bill Camps, citizen, requested Council's consideration in making the existing Roosevelt Field site into a professional baseball stadium/public use facility. He suggested that Hotel/Motel Tax monies be used to fully fund the operation which would pay for itself, in his opinion. Council President Anderson stated he should try to schedule his request before the new Council at their Study Session to be held the first Monday of January. Council recessed at 6:38 p.m. - 6:50 p.m. REQUEST FOR ZONING TEXT AMENDMENT ORDINANCE #3946, "AAA" - 5?00 KITSAP WAY, #AB85-521 The Bremerton Planning Commission unanimously approved the request by "AAA" for a Zoning Text Amendment to Ordinance #3946 for a parcel located at 5?00 Kitsap Way at their October 29, 1985, meeting. The proposed amendment states "Within the Kitsap Way right-of-way in the area between the roadway or sidewalk pavement and any accessory parking located within said right-of-way, landscaping and berming as directed by the Planning Director. Said landscaping and berming shall be developed and approved so that the parking area shall be generally screened and the view from off the premises shall be softened by the landscaping". The original Ordinance was enacted on January 9, 1985. Planning Director Pratt, presented Staff report, indicating that the owner is planning to increase the number of parking spaces from 40 as designated, to 59. He noted that rights of way leases/sales have occurred in other areas along Kitsap Way-Oyster Bay Inn and Bayview Inn and that the Kitsap Lake Neighborhood Association supports the proposed development. Planning Resolution #764, on file in the Planning Department. Mr. C. Freeze, Vice-President AAA, stated they looked at 38 sites before deciding to remain in Bremerton. He noted his architect is present and available for questioninG. Mr. Maurice Jenson, Architect for AAA, stated the area reserved for landscaping and berming. Councilman Amo asked how wide was the right of way with the Architect responding 90' from center line. He stated that curbs, Gutters, would be a total width of 25' at edge of sidewalk to the beginning of parking. Councilman Amo then requested that the width of the landscaping/berming be a minimum of 20' which several TAPE #304 City Council Peg. Mtg. Minutes December 4, 1985 Page 5 of 7 UNAPPROVED DRAFT Councilmen thought excessive. Councilman Johnson stated that most commercial areas are 5-10' but felt this area more open. #2140 · M/S/C/U/(Amo/Drouin) to approve Request for Zoning Text Amendment to Ordinance #3946 enacted a/9/85 for applicant "AAA", parcel located at 5700 Kitsap Way with a minimum width of landscaping/harming to be 15 ft. plus sidewalk and gutters. PUBLIC HEARING - PROPOSED 1986 BUDGET/REQUEST FOR REVENUE SHARING FUNDS, #AB85-516 The purpose of this hearing is for Public comment on the proposed 1986 Requests for Revenue Sharing funds (new requests not made at previous meetings) and the Proposed 1986 Budget. Council President Anderson asked for Public input, required, with no one wishing to address this issue. as WATER UTILITY REAL PROPERTY APPRAISAL, #AB85-451 At it's August 21, 1985, meeting Council passed a motion to seek appraisal for purposes of surplusing the Utility owned Meadowdale Well Site. Appraisal has been made in the amount of $135,000. Because the property lies a significant distance outside the Utility Service area, it will not provide for future enhancement of the Water Supply and Distribution System. Recommendation by Staff was to declare parcel surplus and offer for sale by Sealed Bid in an amount not less than $135,000 and that proceeds of sale be deposited in the Utility's Land Acquisition Fund #402. Ms. McCluskey stated the request was before Council on October 30, 1985 but Council tabled 30 days for more information. Mr. Bill Duffy, Water Utility Superintendent, was present for questioning. #2188 · M/S/C/(Adrian/Horning) to declare parcel surplus and offer for sale by Sealed Bid in a amount not less than $135,000 and that the proceeds from the sale be deposited in the Utility's Land Acquisition Fund #402. VOTE: In favor: Sturdivant, Homing, Pachek, Mosely, Anderson, Drouin, Adrian & Johnson Opposed: Amo Motion PASSED. SURPLUS PROPERTY - 1548 WARREN AVENUE, #AB85-519 The property, together with appurtenances, commonly known as the Old Watershop Building at 1548 Warren Avenue has been vacated by the Water Utility as a result of the relocation of the Utility to the new Water Utility Operations Center and Therefore has been declared surplus to the Utility's needs. The building is being utilized on an interim basis by the Departments of Pubic Works, Communications, General Facilities and Animal Control and therefore, ownership should be transferred to reflect the current usage. Staff recommendation is that City Council declare the facility as surplus to the needs of the Utility and transfer ownership of the facility to the General Fund per a property transfer agreement and subject to Administrative Policy and Procedure and pursuant to RCW 43.09.210. Councilman Johnson noted that the facility is still being occupied therefore it would be premature to surplus therefore should be reviewed at a later date. #2286 · M/S/C/U/(Adrian/Johnson) to surplus the "old Watershop Building" and enter into a general lease. VOTE: In favor: Sturdivant, Homing, Pachek, Mosely, Anderson, Drouin, Amo a Adrian TAPE #304 & #300 City Council Reg. Mtg. Minutes December 4, 1985 Page 6 of 7 UNAPPROVED DRAFT Abstain: Motion PASSED. Johnson RIGHT-OF-WAY TRADE, ARNOLD'S FURNITURE, #AB85-514 The Engineering Department intends to reconstruct the intersection at Marine Drive and Kitsap Way necessitating a trade in right-of-way between the City and the owners of Arnold's Furniture. A/though the trade will benefit the owners by increasing the overall value of their property the dollar amount of the trade will be even. It is requested that the Engineering Department be granted authorization to trade right-of-way needed for construction. Mr. Gerry Thornburgh, Office Engineer, noted that the owners requesting the trade and their present structure are not within the City limits. This trade would mean that the Chevron Station, who has been negotiating a 20-year lease with the owners would have to relocate and that once the trade is made, part of the parcel would fall within the City limits however the portion, housing the furniture complex would still be in the County. Discussion by Council followed with Councilman Johnson, objecting to granting a land trade that would affect a present business, operating in the city, and benefiting a business that would be technically still outside the city, not paying taxes. Mr. Thornburgh stated the reason for the trade, would be to square-off the traffic lines going to and leading from Marine Drive. He stated this area has a high traffic flow and it is to correct the existing problems. Councilman Johnson thought this wouad be an excellent time to propose approval, contingent on Arnold's property owners annexing into the City. City AttorneV Broughton thought this would be a good selling point. #2794 · M/S/C/(Johnson/Adrian) to approve land trade between the City of Bremerton and Arnold's Furniture owners, subject to signing an annexation petition for the parcel in question. VOTE: In favor: Homing, Pachek, Mosely, Anderson, Drouin, Amo, Adrian & Johnson Opposed: Sturdivant Motion PASSED. ORDINANCE (SECOND READING) CONFIRMATION OF EXEMPT NON-UNION MANAGEMENT EMPLOYEES, #AB85-514 This ordinance was redrafted pursuant to changes approved at City Council meeting, November 27, 1985. City Attorney Broughton noted that the Court Judge did not have to be included because the position is addressed in the City Charter and State Statute as to confirmation. Councilman Amo asked if all department heads effected were furnished a copy of the Ordinance with Councilman Adrian stating no. Ms. McCluskey stated they were made aware of the Ordinance at the Mayor's Advisory Board meeting and general opinion was that there was no basis for selection of those confirmed. Councilman Sturdivant commented that the local media stated Mayor Dawkins would veto with City Attorney Broughton explaining his veto powers, time frame, etc. TAPE #305 #0007 · M/S/C/(Johnson/Adrian) to approve Ordinance (second reading) providing a definition of administrative heads whose appointment will require Council confirmation, time limits on provisional appointments and providing a dollar limit on professional service agreements, and adding the Municipal Court Judge. RECESSED AT 7:35 P.M. - EXECUTIVE SESSION TAPE #305 City Council Reg. Mtg. Minutes December 4, 1985 Page 7 of 7 UNAPPROVED DRAFT #0068 City Attorney Bill Broughton stated the purpose of the executive session was to discuss "Utility Tax Litigation". RECONVENED AT 7:39 P.M. M/S/C/U/(Adrian/Amo) to proceed with the lawsuit regarding Utility Tax litigation. With no further business, meeting adjourned at 7:39 p.m. KATHLEEN MCCLUSKEY,~~Cty City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs CC: Normal Distribution File/Vault Clerk