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HomeMy WebLinkAbout10/04/95TAPE #1324 COUNCIL APPROVED OCT 2 5 1995 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES OCTOBER 4, 1995 #0010 #0017 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, October 4, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos Montgomery, John Law, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Reverend Nathanel Kinlow of Faith Temple Church Of God In Christ. CONSENT AGENDA A. Minutes - September 13, 1995 Bid Award Recommendation - Monitoring Equipment For Combined Sewer Overflow Monitoring project/Electronic Data Systems Bid Award Recommendation - Laboratory Services For Combined Sewer Overflow Monitoring Project/Laboratory Services ARI Bid Award Recommendation - Sampling Equipment For Combined Sewer Overflow Monitoring Project/Whitney Equipment M/S/C/U(Overson/MontgomerY) presented. #AB95-218 #AB95-219 #AB95-220 #AB95-221 to approve the Consent Agenda as CLAIMS/CHECK 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 that had been made available to the Council. M/S/C/U(Colvin/Dawkins) on October 4, 1995, the Council does approve for payment those vouchers included and further described as follows: 188423 through 188424, 188428 through 188562 in the amount of $1,263,133.07. TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 2 of 13 president Huff-Menees made the following announcement: (1) City Council will hold an Executive Session immediately following the Council meeting. The topic to be discussed is "Real Estate". COUNCIL MEMBER REPORTS Mr. Overson reported he will be attending a meeting of the Catholic Community Services, and will get a progress report on the "old Elks building". A search is underway for a new name for that facility. He found the October 2 Study Session to be very interesting, particularly the segment with the City's negotiator for the Fletcher Wright proposal. Mr. Farr reminded everyone of the Neighborhood Information Network meeting scheduled for Tuesday, October 10, 7:00 P.M., at the Neighborhood Christian Center. Guest speaker at that meeting will be representatives from HUD and the Bremerton Housing Authority. On Monday morning he participated in a meeting with Mayor Horton, the City Attorney, Police Chief and members of Bremerton Housing Authority to address some problems involving people in HUD subsidized housing. Up until this point, it has been difficult to correct many situations because of HUD regulations. There has now been recent changes to these regulations on how action can be taken regarding problem tenants in HUD houses. If someone has a concern in this area, he encouraged them to attend the October 10th meeting. Mr. Law announced the next District #3 Neighborhood Meeting will be held October 17, 1995, 7:00 P.M., at the Senior Center. Mr. Montgomery stated it was good to be back after several weeks of travel while vacationing. Mr. Colvin acknowledged the presence of Reverend N. Kinlow of Faith Temple Church Of God In Christ, and Reverend C.A. Taylor of the Sinclair Missionary Baptist Church, both long time Bremerton area Pastors. He thanked all the citizens who participated in the dedication ceremony of the Clif McKenzie Basketball Court, on Morrison Court, Saturday. Mr. Winters pointed out Mr. Montgomery had gathered newspaper articles from various cities along his weeks of travel, which he has shared with his fellow Council members. He, along with Council members John Law, Morrie Dawkins, Mayor Horton, representatives of the Fire Department, and Parks Department, attended the Clif McKenzie Court dedication ceremony and enjoyed talking with the people at that event. He also attended a breakfast and tour at the Holly Ridge Center located on Taylor Road, and was very impressed TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 3 of 13 with the facility, staff members, and residents. He expressed a special "hello" to Bruce, Christie, and Mary Ann, and also to Angela, who had recently lost 46 pounds! MAYOR'8 REPORT Mayor Lynn Horton reported the Clif McKenzie Court dedication ceremony went very well. She noted that not all neighborhoods would welcome basketball court activity and it speaks well of those living in the area. She attended the Shipyard's Combined Federal Campaign kickoff event, which was intended to encourage shipyard employees to contribute to the combined Federal campaign, which is the Federal governments' equivalent to United Way. She had an opportunity to speak briefly with Captain Baugh, the new Shipyard Commander, about some of the City and Shipyard's common issues and some of the things each jurisdiction has that affects the other. She is hopeful the City will strengthen ties with the Shipyard and work even more cooperatively in the future on the things that affect each other. Mayor Horton read the following Proclamation: (1) October 7, 1995, Pastor Chester A. Taylor Day, in honor of 34 years of dedicated service as Pastor Of Sinclair Baptist Church; which was accepted by Pastor Taylor. Pastor Taylor expressed his appreciation of the City for their support and assistance when he brought an issue to them. Mayor Hotton stated that being in the Mayor's position, a lot of times issues come up which cause hate and contempt among people at-large in the community. Whenever she dealt with Pastor Taylor, he has always been a very quiet voice of reason and came away with some good resolve to issues. She has a great deal of respect for him and his position and he is wished well on his retirement, but it will be a loss to the community. Mayor Horton presented a special Certificate Of Appreciation to Mr. & Mrs. Robert Mussman for graciously contributing their property to the City of Bremerton on which a basketball court was built for the youth of Council District #1. Mr. Diblev accepted the Certificate on behalf of the Mussmans, and stated he felt it was very generous of them to donate the land for the basketball court. Mayor Hotton presented a special Certificate Of Appreciation to the Clif McKenzie family in honor of Clif McKenzie's many acts of public service and for building a basketball court for the youth of Council District #1. The Certificate was accepted by members of the McKenzie family. Mayor Horton again expressed her respect for the residents of that neighborhood for feeling a commitment to the youth of our community. She would like to see more neighborhoods become involved in similar type projects. The City does not always have the resources to do all the things desired; however, through partnering with neighborhoods and citizenry, goals can be met to TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 4 of 13 meet community needs. Mayor Horton attended the Bremerton High School "Open House" and was struck by the fact that even though that facility is several years old, it looks as good as it did the first day it opened. She extended her congratulations to the School Administration, School Principals, and the kids at Bremerton High School for really taking care of the property and making it something we can all be proud of within our community. PUBLIC RECOGNITION Nancy Buck, Secretary Of Council District #1 Neighborhood group, expressed appreciation for all the assistance given from the neighbors and friends of Cliff McKenzie, and the committees that form District #1 along with staff members from the City Council Office, Mayor's Office and Parks & Recreation Department, to make the Clif McKenzie dedication ceremony such a great event. Ms. Buck gave a brief history of the kinds of things Clif McKenzie did on an ongoing basis to help youth and others within the Bremerton community. On behalf of District #1, she presented a Certificate Of Appreciation to Mayor Lynn S. Horton for her support and dedication. Also, on behalf of District #1, she presented a Certificate Of Appreciation to the Bremerton Parks & Recreation Department for their overwhelming support in the dedication of the Clif McKenzie Court. Don Hock, Parks Department, accepted the Certificate on behalf of the Parks & Recreation Department and thanked the McKenzie family for their contribution. He gave his assurance that the Parks Department will do everything it can to maintain the site. Gordv Byrd talked about his 6-year effort to build a shelter for the homeless. He wanted everyone to know that he may be locating his shelter in the Port Orchard area rather than Bremerton. Roy McInnis, 2711 Maple Street, thanked Councilman Colvin for recognizing Reverend C.A. Taylor's 34 years of service at the Sinclair Missionary Baptist Church. He extended an open invitation to the community to attend a celebration for Rev. Taylor at Annie's Kitchen on Saturday, October 7. He shared the fact that finding a replacement pastor was a long process, and they could use some "prayer support" from the community in that endeavor. Carol Atkinson, Bremerton Main Street Association, gave a brief report on recent actions by the Board Of Conveners for the new non- profit Access Television Corporation. The new Board of Directors are KatherynAhl, Donald Ricks, Jeff Olson, Barbara Boyd, Ed Wood, Ken Kirkpatrick, Donald Zimmermann, Joan Dingfield, Lynn Ziegler, Bruce Stier, Henry Sikes, Charlens Burnett, and Debby Broughton. } #0949 #1984 TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 5 of 13 She commended Kathy McCLuskey and Debby Broughton for leadership in this process. If the weather permits, Main Street anticipates being able to engrave one more set of bricks on the boardwalk, and anyone wishing to purchase one can pick up forms at the "brick" display on the boardwalk and also at Main Street's office. Cost of the bricks are $60.00 per brick. She also attended the Holly Ridge Open House and was very familiar with their program having served on their Board for six years. She echoed Mr. Winters' comments - it is a great organization. 7A - GRANT OF ACCE88 EASEMENT OVER CITY PROPERTY AT CON8TITUTION AND PORTER, #AB95-222 The City owns a parcel with one half of vacated Porter Street. Dorothy Goode has requested sale of a 15 foot easement for access to her parcel over vacated Porter Street, north of the center line to allow development of her property. The parcel is currently landlocked, and an easement over the City property is the shortest outlet to a public street. Consideration is $200. Ian Sievers, City Attorney, stated this issue was discussed at the previous Council meeting at the time of the Porter Street right-of- way vacation. He provided a map to Council members showing the portion of vacated Porter Street that the City is conveying by way of easement. Public comment - none. Mr. Overson stated it appears the easement will go through the center of the property and will this possibly destroy the significant value of that property? Mr. Sievers pointed out the easement is at the extreme south edge of the City's property, starting at the center line. Had it gone through the interior of the property, the City would have charged more for the easement. M/S/C/U(Farr/Law) to approve proposed access easement. 8A - ORDINANCE NO. 4528 (SECOND READING) AMENDMENT TO GARBAGE AND REFUSE ABATEMENT PROVISIONS UNDER B.M.C. CHAPTER 6.04, #AB95-198 Public comment - none. M/S/C/U(Colvin/Dawkins) to pass Ordinance No. 4528 on second reading, amending the garbage and refuse abatement provisions and amending Sections 6.04,040, 6.05,062, and 6.04,066 of the Bremerton Municipal Code. 8B - ORDINANCE NO. 4529 (SECOND READING) AMENDING ASSESSMENTS, RATES AND CHARGES FOR MUNICIPAL WATER, WASTEWATER AND STORMWATER SERVICES; AND AMENDING ORDINANCE NOS. 4442 AND 4496, #AB95-214 TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 6 of 13 #1021 #1076 Public comment - none. M/S/C/U(Dawkins/MontgomerY) to pass Ordinance No. 4529 on second reading, amending assessments, rates, and charges for municipal water, wastewater, and stormwater services; and amending Ordinance Nos. 4442 and 4496. 8C - ORDINANCE NO. 4530 (SECONDREADING) VACATING PORTER STREETAND ALLEYS ADJOINING AND WITHIN BLOCK8 4 AND 7, PLAT OF PORT ORCHARD, #AB95-216 Ian Sievers, City Attorney, stated he had one correction - the legal description for Porter Street is different from the one that was on first reading of the ordinance. At a prior Council meeting, there was discussion about some members of the public recalling part of Porter Street had been vacated earlier. That issue was researched, and in fact, one half of Porter Street was vacated in 1993. The City's survey was incorrect due to the fact the Ordinance had not been recorded. Public comment - none. M/S/C/U(Law/Colvin) to pass Ordinance No. 4530,on second reading, as amended, vacating Porter Street and alleys adjoining and within Blocks 4 and 7, Plat of Port Orchard. 9A - PUBLIC HEARING: RESOLUTION NO. 2529, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1510 8NYDER AVENUE, #AB95-223 On August 23, 1995, the City took action to remove the garbage and debris found on the property located at 1510 Snyder Avenue, Bremerton, after the owner of the property, Wardick Company, failed to do so as ordered by the Building Official. The Street Department performed the work, and the revolving abatement fund was charged $1,332.60. This action will recoup these charges. David Nelson, Building Official, restated the City's action as identified in the summary statement. Bill Fraser, President of Wardick Company, Inc., stated he filed a written objection in accordance with the ordinance. The objections are separate, and in his opinion, Mr. Nelson made a gross misstatement of fact when he said there had been no change on the site since August 9th. Mr. Nelson not only knows it is a misstatement of fact, but his office has numerous photographs that would show it as such. In his written objection, he has stated some very serious technical objections with the notices given in this case. He had very serious objection to the amount charged, and did not receive a copy of the bill with the notice of this hearing and TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 7 of 13 had to obtain it through the City Clerk's office. thoroughly frustrated this problem. The City has His corporation has owned the subject site for approximately nine years, and for eight of those years, he got by with one dumpster, in addition to taking some abandoned furniture to the dump once or twice each year. Starting about a year ago, he doubled the size of the dumpster, which is constantly overflowing. The neighbors have tried to help by calling for assistance from the City. On one occasion, a Bremerton Police officer did show up, and actually found people dumping trash out of a yellow pick up truck. Mr. Fraser asked "did he write them a ticket or charge them with a crime? NO!" The Police officer simply told them to pick up the stuff, left, and that was the end of it. The Building Department has been at the site and taken pictures on numerous occasions, so they know that the stuff removed on the 23rd wasn't there on the 9th or 15th... it was dumped there either on the 20th or 21st. He believes that trash came from property located between South Lafayette and Highway 3, just south of Preble. He suspects he knows two of the individuals involved in the trash dumping. He was prevented any reasonable amount of time to identify the source of the trash or to do anything about getting some kind of contribution from the people responsible to clean it up. Garbage is a continuing problem, and as long as the City has the high fees, and has the policy of "don't bother with the facts, just nick the landlord because he's the target", we are going to have this problem. So far, he has not heard of any real hard effort being made to solve this problem. He has paid thousands of dollars in dump fees over the last year, and also labor costs and fees to the garbage collectors. He believes someone should be paying some attention to resolving this problem in a way that the nice guy doesn't always end up with the "dirty end of the stick" every time. President Huff-Menees asked Mr. Nelson to respond to Mr. Fraser's comments with respect to the changes in condition of the site and the notifications. Mr. Nelson stated this particular property has been an on-going problem for quite some time and this is not the first time City action has been taken on it. He passed out pictures of the site showing the general condition...debris strewn about the yard, and a dumpster that had been on fire the weekend prior to the City's clean up. He pointed out specific items of debris in the most recent pictures, such as a plaid couch, that were evident in earlier pictures. There WAS a change in condition of the property - it got worse. He emphasized that it is not his general practice to see that certain items are "set aside" when the Street Department is brought in to clean up a site. The notice indicated that "general debris" would be removed and he believed that described the condition of the subject site. TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 8 of 13 Kathleen McCluskey, City Clerk, read into the record the following letter from Mr. Fraser, which was received on October 4, 1995: "COMES NOW the respondent Wardick Co., Inc. and objects to the proposed judgement for the following reasons: (1) The 72 hour notice issued August 9, 1995, was insufficient to permit the actions taken by the City on August 23, 1995, for the reasons that it required items to be removed that were not properly, or should not have been listed (such as wooden pallets and tires); and for the further reasons that the great bulk of the items carted away from the property either should not have been removed, or were brought onto the premises after August 9, 1995; i.e., on or about August 20, 1995. (2) The ten day notice of this hearing was insufficient in that it did not include an itemized copy of the proposed charges or even a total amount. (3) The charges are exorbitant for the work accomplished. The actual benefit to the property owner, and/or the reasonable value of the work done, was less than $300. Other than a few gallons of gas, the inclusion of materials is totally without basis, far more equipment and hours are charged than would be reasonable to use, 40 yards is an unreasonable estimate of the total quantity removed, and administrative charges are not recoverable under the ordinance. (4) The City Building Official involved in this matter exceeded all reasonable duties related to public health and safety; violated their own policies regarding recycling, as well as common sense; and effectively denied the property owner an opportunity to deal with the continuing refuse problem in an orderly manner. Further, the City Police Department, by refusing to treat "dumpers" as violators, contributed to this problem as do the high fees for waste disposal and the City's refusal to do anything about tenant waste problems except pressure the landlord. Dated this 2nd day of October, 1995 - signed William Fraser, President." Elizabeth Buell stated she has had problems with illegal dumping of garbage on her property, and in one instance, she was able to trace the person responsible for the dumped garbage. She agreed this kind of activity is a problem, and the City should investigate the Police Officer for not citing someone for illegal dumping. Mayor Hotton pointed out the subject site is one that she travels by quite often, and it is a property that has been in this TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 9 of 13 condition off and on for a long time. During the last "clunker clean up", the Frasers were asked if they would agree to have some of their clunker vehicles removed from the property, which they agreed to. If this was an isolated incident, and was not an on going problem, she would probably agree with Mr. Fraser. If he has information about illegal dumping and the Police Department did nothing about it, he needs to contact her. If people have evidence of illegal dumping, that information should be turned over to the City in order to prosecute those offenders. However, this property is one that goes beyond that -- the dumpsters are not secure and the site had some long standing clean up problems. When she first took office as Mayor, the neighbors in that area talked to her more than once about existing conditions. President Huff-Menees asked Mr. Nelson to address the notification issue raised by Mr. Fraser. Mr. Nelson stated the 72-hour notice was mailed to William Fraser, President of Wardick Co., Inc., and it was signed for by Mr. Fraser. Mr. Colvin asked if Mr. Nelson had pictures showing the site after it was cleaned up? Mr. Nelson stated no. Mr. Colvin asked if Mr. Fraser was correct in stating someone was dumping illegally on his property? Mr. Nelson stated he did not know that personally. He pointed out the pictures passed out documented that a lot of the items had been on the site for some time. Mr. Fraser noted items that should not have been taken, such as pallets and tires; however, those items were listed on the notice, and if no response is received, they are considered junk. Mr. Dawkins questioned the number of rental units on the site? Mr. Nelson stated 8. Mr. Dawkins asked Mr. Fraser if he had an on-site manager? Mr. Fraser stated no, but he did have a carpenter working on the site doing remodeling during the time he was on vacation. The reason he did not get the notice until August 15 was due to his being on vacation in Oregon and he returned on the 14th. The wood pallets he mentioned were dumped off by someone unknown, but he had made arrangements with a friend to dispose of them. Mr. Dawkins asked Mr. Fraser where his company is headquartered? Mr. Fraser stated in Navy Yard City. Also, he has had on-site managers on numerous occasions. He reported there is some stuff on the site today that has been dumped off since the clean up by the City. He wasn't sure how to secure a 3-yard dumpster and still allow access to it by a garbage truck. He is open to suggestions. Mr. Winters pointed out from the pictures it appears the tires had been stored on the site for a long time. Mr. Fraser stated they were neatly stacked 3 to 4 feet in height and numbered about 20. They had been on the site for some time. Mr. Winters asked how TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 10 of 13 #2245 often has Mr. Fraser found illegally dumped trash on this site? Mr. Fraser stated probably 15 times in the past year, but prior to that time, it was not as common. He has found more illegal activity since he brought in a larger dumpster. Mr. Winters asked if Mr. Fraser had license plate numbers from anyone vehicles related to any illegal dumping? Mr. Fraser stated he did not bring that kind of information with him. He assumes there is a police report, which was taken in June, when the officer confronted the people in the yellow pickup, who had dumped trash on the site. Mr. Winters asked if Mr. Fraser had turned over any information regarding illegal dumping to Brem-Air? Mr. Fraser stated no, to the best of his knowledge, calls were made to 911 and were referred to the Police Department. Mr. Winters asked the date of the last time the City sent Mr. Fraser a notice? Mr. Fraser stated he received a notice on August 14. Mr. Farr stated the subject site is in his Council District and he travels past it quite often, but was not aware that the City had initiated action against the property until the item appeared on the Agenda. He has noticed on several occasions the site needed some clean up. Mr. Fraser commented that he felt the charges for the clean up were too high, but in the long run, it might have cost Mr. Fraser more to have someone else do the work. Mr. Fraser stated he has become quite experienced at hauling garbage and he does have a good idea of disposal costs. He recognized that disposal can run into substantial sums of money, but nevertheless, most of what was there was old newspapers and other kinds of stuff that was not garbage. When he learned about the debris being dumped on the site, the City had already taken pictures of the site and it is his strong belief that most of the debris was deposited on the subject site on the weekend of the 20th. Mr. Farr stated as a neighbor to Mr. Fraser's property, he would encourage him to screen his tenants and try to keep the site in a cleaner condition. Mr. Fraser stated he has spent a lot of money in upgrading the subject property this year, as well as in the past. M/S/C(Montgomery/Farr) to adopt Resolution No. 2529, and order that the fees incurred for the abatement of garbage and debris at 1510 Snyder Avenue be collected as reasonable abatement costs and become a personal judgment against the Wardick Company, which will become a lien against the property if not paid within 30 days. Vote on motion: In Favor: Overson, Neville, Farr, Huff-Menees, Montgomery, Dawkins, Winters Motion carried. Abstain: Colvin, Law TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 11 of 13 9B - PUBLIC HEARING: RESOLUTION NO. 2530, SURPLUS AND SALE OF CITY PROPERTY AT 245 4TH STREET, #AB95-224 Michael Laine, owner of Renaissance Laine, Inc., has offered to purchase the 4th Street Building at 245 4th Street in order to relocate and expand this businesses' operations center. The business conducts commercial financial transactions over the internet using the company's programs, and is expected to provide employment for approximately 60 highly skilled operators. The proposal calls for a negotiated sale to Mr. Laine under the proposed purchase agreement. Terms include sale by real estate contract for appraised fair market value, with a balloon payment in seven years, and interest at a rate which will cover the City's debt service on bonds used to finance the purchase and renovation of the building. President Huff-Menees asked the City Attorney to make a clarification on the Purchase Agreement. Ian Sievers, City Attorney, stated most purchase and sale agreements for real estate do have a finance contingency that include, at the request of buyers, usually its bank financing. In this case, the buyer is negotiating some venture capital and again he needs an out from this agreement if that funding is not obtained within a reasonable time of signing the agreement, which in this instance is 45 days. Michael Laine stated he spoke with the venture capital firm the previous day, and expects a firm answer from them within the next three weeks. Mr. Law stated he felt Council needed to discuss the issue of underground storage tanks. Mr. Sievers pointed out there is a change the City will make to the agreement prior to it being submitted to the buyer under Section 12, having to do with hazardous substances (Section iii). There is a storage tank located on the property; however, it is the City's understanding that information will be provided to the buyer that there is no current violation or corrective action needing to be taken with regard to that tank. Mr. Law also asked that the concerns be addressed relating to the present occupancy of the building and the continuation of their leases. Mr. Sievers stated the buyer does take the property subject to current leases. If this agreement goes forward, none of the terms of the existing leases will be affected. Mr. Neville stated it should also be noted on Condition #10, Exhibit B - Fire Code Retrofit will be forthcoming from the Fire Department. Mr. Sievers stated that is correct, but it will be subject to both parties' approval. TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 12 of 13 Mr. Laine stated he had no intention of displacing any of the current tenants. He feels confident the space he has identified for his need will be more than ample for next year's growth. He has been informed that one of the tenants may be moving on his own choice. Mr. Winters asked Mr. Laine the names of his financial backers? Mr. Laine stated that is confidential information at this point. They are a reputable venture capital firm out of New Jersey and San Francisco. Mr. Oversen stated he was delighted there is an individual with enough financing to bring an organization into Bremerton, especially one with significant potential for growth in a challenging field. Mayor Hotton wanted to comment that when talks were first started about the potential sale of this building, the possibility was raised of a bank carrying the bulk of the contract, which would mean if the property buyer should default, then the City would be in a second lien position. Subsequently, the negotiations at this point is that the City would carry the contract on the building, and in the worse case scenario, if the buyer would default, the City would simply take the building back. Also, there will be some provisions in the contract to make sure the building is kept up and maintained as long as we are carrying the contract, and she suspects that Mr. Laine will do that anyway. She believes the risk to the City is fairly minimal, and he will be an excellent addition to downtown Bremerton and to the community. Anytime we can encourage new entrepreneurs to Bremerton, she is all for doing that. She also believes he will be successful in his endeavor, and urges Council to support the motion. President Huff-Menees also feels that this will be an exciting enterprise for the City of Bremerton, and is glad Mr. Laine chose this city. Mr. Colvin also is very pleased that Mr. Laine is trying to establish his business here in Bremerton, and wished him all the luck in the world. He then asked Mr. Sievers if this was public property up for sale and if there were any requirements to open it up to other bidders? Mr. Sievers stated no, there were no state requirements. The only requirements as to a bid sale or a negotiated sale are set forth in the City zone ordinance. Mr. Colvin asked about the financing and the feasibility of a credit report. Mr. Sievers stated that would be left up to Council, and was not now a term or contingency of the purchase agreement. The terms of the sale are covered in the Resolution. #2619 M/S/C(Overson/Dawkins) to adopt Resolution No. 2530, declaring TAPE #1324 City Council Reg. Mtg. Minutes October 4, 1995 Page 13 of 13 property at 245 4th Street surplus to the City's needs, and authorizing sale to Michael Laine. Vote on motion: In Favor: Overson, Neville, Farr, Law, Montgomery, Dawkins, Colvin, Huff-Menees Opposed: Winters With no further business meeting adjourned at 7:00 P.M. KA~H , Clerk KEY City ~ity of Bremert~ KLM/SH-M/me cc: Normal Distribution File/Vault