HomeMy WebLinkAbout10/27/99
TAPES #1656 & 1657
CITY COUNCIL MEETING MINUTES
October 27, 1999
The weekly meeting of the City Council of the City of 8remerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 27, 1999, at 5:30
P.M., with Council Vice-President Carol Arends presiding. Council members present were Jim Reed,
Carlos Montgomery, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen.
Council President Mike Shepherd was absent. City Attorney Glenna Malanca, Deputy Clerk Paula
Johnston, and Legislative Assistant Lori Smith were also present.
The meeting opened with the Pledge of Allegiance led by Council Vice-President Arends, who also
provided the invocation.
Council Vice-President Arends made the following announcements:
(1) City Council held a Study Session in the Council Conference room, prior to the meeting, to
discuss general Council business; and
(2) Item 11A was added to the Agenda tonight to discuss a "Purchase Offer for the KPS Building".
CONSENT AGENDA
A. Bid Award for Service & Maintenance of Envirex Traveling Water Screens #AB99-220
#0048 M/S/C/U (McConnell/Montgomery) Motion to approve Consent Agenda as presented.
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.
#0078 M/S/C/U (Montgomery/Farr) On October 27, 1999, the Council does approve for payment
those vouchers included and further described as follows: 235561, 235562, 235590, and 235594
through 235803 in the amount of $264,234.71; and Retiree Payroll for the period ending October 31,
1999 in the amount of $120.155.86.
COUNCIL MEMBER REPORTS - No individual reports were provided due to length of the Agenda...
Vice-President Arends invited the public to attend the District 6-7-8 meeting Thursday, October 28,
1999, beginning at 7:00 P.M., to discuss the "Bremerton Gateway Project", at the Bremerton School
District Building located at 134 N. Marion Avenue.
MAYORS REPORT
Mayor Horton read a Proclamation proclaiming the week of October 24 through 31, 1999 as "The
Great City Hall Tune-In", to promote the viewing of public meetings on Bremerton Kitsap Access
Television (BKAT).
LEGISLATIVE REPORT- There was no report this evening.
PUBLIC RECOGNITION
Gordy Byrd encouraged citizens to vote.
Elizabeth Buell voiced her concerns over recent thefts of trees and bushes off of private property.
TAPES #1656 & #1657
City Council Reg. Mtg. Minutes
October 27, 1999
Page 2 of 7
9A - MOTION TO APPROVE PURCHASE PROPERTY FROM BUNDY. LOFTHUS. AND THE
TAGG REVOCABLE LIVING TRUST, #AB99-220
Glenna Malanca stated the Parks Department has requested that the City purchase property from
Bundy, Lofthus, and the William L. Tagg Revocable Living Trust for the Evergreen Park Expansion
Project. The purchase price is $15,000.00. This action can be taken by motion.
There were no questions or comments from the public.
#0460 M/S/C/U (Montgomery/Farr) Motion to authorize the Mayor to execute the Real Estate
Purchase & Sale Agreement, and Remediation & Indemnification Agreement, and all documents
necessary to purchase the subject property from Lofthus and the William L. Tagg Revocable Living
Trust, for the purchase price of $15,000, for the Evergreen Park Expansion Project. This
authorization is good for two weeks after the signature from the Mayor.
9B - REPLACEMENT OF CENTRAL APPLICATION COMPUTER (NCR S40), #AB99-221
Bill Eley emphasized that the current central applications computer (NCR S40) is over 3 years old,
and has shown occasional productivity decreases caused by the lack of memory and disc space.
Due to the proprietary architecture of the machine, and the fact that it is no longer covered by NCR's
warranty, the City must either replace it, or take out a maintenance contract to keep it running. It is
estimated that a maintenance contract would cost between $8,000 and $10,000 per year.
Gordy Byrd asked why a piece of equipment only 3 years old required replacement so soon. Mr.
Eley explained that technology is moving so rapidly, that in computer terms, 3 years is actually a very
long time. He further explained this equipment could still be utilized, but in a less critical area.
Mr. Farr stated that based on the estimated cost of a maintenance contract, it only made sense to
spend the $19,000 on a new, improved machine.
#0640 M/S/C/U (Farr/Montgomery) Motion to replace the NCR S40 with an ALR 9200 series acquired
through the State's Technology Brokering Service, at a cost of approximately $19,000.
9C - YEAR 2000 CDBG CITIZENS ADVISORY RECOMMENDATIONS. #AB99-208
Debbie Peavler-Stewart explained that the City of Bremerton will receive an estimated $550,000 in
Community Development Block Grant Funds for year 2000 from HUD. The City previously provided
set-asides for the following activities: 1 ) $90,000 for CDBG administration; 2) $100,000 for the City's
housing program; 3) $20,000 to assist Bremerton Housing Authority develop a plan for evaluation of
the Westpark complex; 4) $10,000 to assist E.D.C. carry out microenterprise activities; and 5)
$10,000 for ADA improvements to the Admiral Theater.
Applications for the remaining funds were accepted on August 18, with 28 applications received,
requesting $877,471. City staff reviewed the applications to determine if they met threshold
requirements, and were consistent with HUD regulations. The Citizens Advisory Committee (Roy
Mclnnis, Tina Davis, and David Willis) reviewed the applications, interviewed each applicant, and
rated the project in accordance with the approved action plan. The recommendations were then
presented to the City Council on October 13, 1999. Council returned the recommendations to the
Advisory Committee to review items discussed during the Council meeting. Each member of the
Advisory Committee was contacted, and a ,revised recommendation was agreed upon. It was
clarified the change included $125,000 to the Bremerton Food Line, rather than $150,00; and $25,000
for Traffic Calming Devices, rather than $0.
TAPES #1656 & #1657
City Council Reg. Mtg. Minutes
October 27, 1999
Page 3 of 7
Mayor Horton made it clear that the City is an advocate for the Food Line in the City of Bremerton,
and currently has staff looking for an appropriate location. She further offered her appreciation to the
Advisory Committee for supporting the request allowing funds to serve an additional need.
Hoyt Burrows, Executive Director of Bremenon Food Line, offered his thanks and appreciation.
#0810 M/S/C (Farr/Montgomery) Motion to approve set-asides, and the revised Citizens Advisory
Committee recommendations as presented.
Vote on Motion: In Favor: Farr, Montgomery, Reed, McConnell, Overson, Arends
Abstain: Olsen, Law
Motion carried.
10A - PUBLIC HEARING AND ORDINANCE NO. 4670 (SECOND READING), VACATING A
PORTION OF MARINE DRIVE RIGHT-OF-WAY, #AB99-219
Jeff Shea, Senior Engineer, presented this ordinance for First Reading at the Council meeting of
October 20, 1999, where it was reported that City Staff has received a petition to vacate 1,000 square
feet of right-of-way along the east side of Marine Drive. It was pointed out that the project meets
Comprehensive Plan requirements.
There were no questions or comments from the public.
#0804 M/S/C/U (Montgomery/Overson) Motion to pass Ordinance No. 4670 on second reading.
10B - PUBLIC HEARING AND ORDINANCE (FIRST READING) AUTHORIZING CONDEMNATION
OF PROPERTY FOR RIGHT-OF-WAY ON THE WERNER CORRIDOR IMPROVEMENTS
PROJECT, #AB99-223
Jeff Shea, Senior Engineer, pointed out that the additional right-of-way is required to accomplish the
West Hills Commercial/Werner Road Corridor Improvements Project. The additional right-of-way is
needed to develop Kean Boulevard, widen Wemer Road, and improve the intersection at Werner
Road and Auto Center Boulevard. This affects 13 parcels, and 11 property owners. In July 1999 the
right-of-way acquisition started with mailings to affected property owners along Kean Boulevard.
Since then, negotiations have been ongoing with all the property owners, with agreements anticipated
on at least 4 properties in the next few weeks. Negotiations are continuing with the other nine.
However, to keep the project on schedule for construction next spring, condemnation proceedings
need to be initiated on the properties without executed agreements. The City will continue to
negotiate purchases under procedures of Bremerton Municipal Code 2.78.040-070 before initiating
any condemnation action with the court against any of the parcels. In fact, the City desires to reach a
negotiated acquisition of the properties rather then proceed with the condemnation process. The
Mayor is authorized to execute purchase agreements on any of the parcels in lieu of condemnation.
This ordinance authorizes the purchase of properties through condemnation for the purpose of
widening the right-of-way for street improvements. Staff recommends passage.
There were no questions or comments from the pubtic.
Mr. Shea clarified for Mr. Montgomery that the current storm water problem, which originates at
Auto Cedter Blvd, would be alleviated with this project. Mr. Farr also added that the property, once
an "eye-sore", has now been cleaned up considerably.
TAPES #1656 & #1657
City Council Reg. Mtg. Minutes
October 27, 1999
Page 4 of 7
Mr. Reed stated that although he understands the intention of this ordinance, and fully supports the
improvements in the district, he could not approve the ordinance until it was truly necessary. His
concerns were based on the non-equitableness of what the businesses are being offered for their
commercial-use land.
#1170 M/S/C (Montgomery/Farr) Motion to approve attached Ordinance and its summary related to
condemnation of property for rights-of-way purposes in conjunction with the West Hills
Commercial/VVerner Corridor Improvements Project, upon first reading.
Vote on Motion: In Favor: McConnell, Overson, Farr, Montgomery, Arerids
Opposed: Reed, Olsen, Law
Motion carried.
Mayor Horton commented that all of the items being worked on in conjunction with this project were
first initiated or identified in the West Hills Neighborhood Plan, which the City adopted a number of
years ago. The auto dealers in the area have encouraged, and worked with the City to continue the
improvements. It was further pointed out that an un-biased judge would make the final determination
on the appropriate value of the property if a negotiated sale can not be reached.
100 - PUBLIC HEARING AND RESOLUTION NO. 2727 REGARDING RECOVERY OF FEES FOR
REMOVAL OF VEGETATION ON THE LISTED PROPERTIES. #AB99-224
Janet Lunceford described that Ordinance No. 4584 declares that it is unlawful and a nuisance to
allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush,
vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural
pests, or noxious and poisonous plants. The listed properties are currently in violation of the
ordinance, and pursuant to Section 9.14 of the Bremerton Municipal Code, Council is asked to
approve the removal of the nuisance vegetation on the properties, and collection of the costs incurred
by personal judgemerit against the owners and a lien against the properties. The following properties
were inspected today, and therefore pulled from the Weed Abatements Listing: 2815 Callahan Drive);
132 S. Cambrian; 1730 Olympic Avenue; 2424 E. Phinney Bay Drive; 2005 7th Street; 2125 7th Street;
and 24th & N. Callow.
Gordy Byrd was provided an explanation of the abatement process at his request.
Mr. Reed asked if every one on the list received a certified notice of the abatement action. Ms.
Lunceford clarified that every reasonable attempt was made.
Mr. Farr asked that corrective action be expedited, and suggested a budget adjustment to support a
"dedicated lawn mower".
#1665 MISICIU (Montgomery/Overson) Motion to approve Resolution No. 2727 and to order that the
nuisance vegetation on the properties identified by the attached listing be removed by the City with
fees incurred collected as reasonable abatement costs, which shall become a personal judgement
against the owner and a lien against the property.
10D - PUBLIC HEARING TO DISCUSS REVENUE SOURCES FOR THE 1999-2000 BUDGET.
#AB99-225
Rich Hanna, City Treasurer, stated the City is required by RCW 84.55.120 to hold a public hearing
on revenue sources of the General Fund. This hearing must be held prior to consideration of the
TAPES #1656 & #1657
City Council Reg. Mtg. Minutes
October 27, 1999
Page 5 of 7
City's property tax levy, and must include a discussion of possible increases in property tax revenue.
He pointed out that the Revenue Assumptions made approximately 1-year ago, were fairly accurate,
and no changes will be proposed.
Gordy Byrd asked if the City had any other way of generating revenues, other than taxes. Mr.
Hanna explained the property tax is a major source of revenue to the City, estimated at over $5
million in the 1999-2000 year budget, but is not the only revenue source. The total revenues to the
General Fund are approximately $23 million. Vice-President Arends added that a detailed
preliminary report on "Revenue Projections for the General Fund" was available in the Council or
Treasurer's Office. No action by the City Council was required for this item
10E - PUBLIC HEARING AND ORDINANCE (FIRST READING) LEVYING PROPERTY TAXES
FOR COLLECTION IN 2000, #AB99-226
Rich Hanna, City Treasurer, stated the City's property taxes are levied on an annual basis through
passage of an ordinance. The proposed ordinance will implement a general property tax levy at the
statutory rate limit and special levies for EMS and bond redemption at rates previously authorized by
the voters. The State Department of Revenue via the County Assessor's Office has provided the
language of the ordinance in order to comply with the provisions of Referendum 47. This ordinance,
if approved, will levy property taxes for the year 2000, which will equal the revenue of the 1998 levy,
plus 1.0142% to allow for inflation.
#2070 M/S/C/U (Montgomery/Overson) Motion to approve ordinance on first reading, levying property
taxes for collection in the year 2000.
10F - PUBLIC HEARING AND ORDINANCE (FIRST READING) AUTHORIZING THE LEVY OF
PROPERTY TAXES AT A RATE IN EXCESS OF THE INCREASE IN THE IMPLICIT PRICE
DEFLATOR, #AB99-227
Rich Hanna, City Treasurer, stated the requirements of Referendum No. 47, passed by the voters of
the State in 1997, require that the City Council pass by super-majority a separate action stating their
intention to levy property taxes at a rate greater than the change in the Implicit Price Deflator (IPD).
For Year 2000 taxes, the change in the IPD is 1.0142%. If this ordinance is not passed by a vote of at
least 6 -3, the growth of future tax levies will be limited by this rate of change. This ordinance will
allow the City to levy property taxes consistent with the assumptions made for the year 2000 budget
described eartier in item 10E, to continue to levy property taxes at the same rate in the year 2000 as
it is in 1999 ($3.32-½ per $1,000 of assessed valuation). Mr. Reed clarified that the tax rate just
approved will actually be a lower tax, but will generate more net revenue for the City. It will actually
cost the citizens less money because one of two Fire Levy Bonds has reached maturity, so the
overall tax rate will be smaller in the year 2000, than it was in 1999.
#2370 M/S/C (Montgomery/Farr) Motion to approve ordinance on first reading, limiting the City's levy
increase to 106% of the 1999 levy.
Vote on Motion: In Favor: Law, Overson, Farr, Montgomery, Olsen, McConnell, Arerids
Opposed: Reed
Motion carried.
11A - PURCHASE OFFER OF BUILDING AT 400 WARREN AVENUE, FOURTH STREET
APARTMENTS, AND 20-SPACE PARKING LOT, #AB99-228
Mayor Horton reported the following properties are offered for sale by the Department of Insurance
TAPES #1656 & #1657
City Council Reg. Mtg. Minutes
October 27, 1999
Page 6 of 7
Commissioner as Receiver acting on behalf of Kitsap Health Plans: 1) 400 Warren Avenue Building
including 75 paved spaces on-site; 2) Fourth Street Apartments directly east of the Warren Avenue
Building, including 28 parking spaces; and 3) the 20-space commercial parking lot on the north side
of 5th Street between Park Avenue and Warren Avenue. The proposal to purchase these properties
was presented to the City Council in prior study sessions. This item was placed on the Agenda
tonight because of the needs of the Office of Insurance Commissioner to receive a formal offer from
the City of Bremerton, with the stipulation that the Final Sales Agreement will come back before the
City Council in an open session for approval. In the meantime, staff will continue to work on the
appraisal of the property and the information requested on the structural liability of the property. A
preliminary indication received from Rice Fergus Architects is that the building is sound, and worthy of
a purchase offer. The authority to move forward with a formal offer is being requested.
Warren Olsen, Executive Director of the Economic Development Council, presented background
information to describe the events leading up to this proposal. He also discussed the benefits of this
building, such as the location and availability of adequate parking, for a new City Hall.
Mayor Horton stressed that this proposal was not a "subsidy" to KPS, but a real estate transaction.
She pointed out that a new building would cost the City in excess of $6 million dollars, opposed to the
$3 million being offered for this building. She further stated that a Financial Analysis was done which
indicates that the building does "pencil out", and that there is adequate money available on an annual
basis through the Real Estate Excise Tax Fund, which she pointed out can only be spe. nt for Capital
that is available to the City.
Elizabeth Buell stated she supported the purchase of the building for a new City Hall.
Mr. Law supported the motion for this item, but emphasized that this action was being done because
it was fiscally a good move, and did not want the public to have the false impression that this decision
was made to support any business, including KPS. Mr. Overson added that if everything turned out
as presented, he supported moving forward.
Mr. Farr clarified that the vote tonight was merely authorization for an offer to be made, and that
Council was still awaiting answers to requests for additional information about the building, including
an appraisal, before any other steps are taken. He stressed this was not a "done deal".
Mr. Montgomery added that even though some may view this as a building being taken off the tax
roles, it is actually adding four properties back on the tax roles, which will probably generate as much
revenue as the other building, or more.
Mr. McConnell wanted to know how many apartments were located in the 4th Street Apartment
building? He felt the relocation from this City Hall to the Warren Avenue Building would be one of the
better moves the City has made in years. Mayor Horton responded there were six apartments, but
that at some point in time, the City may want to demolish the structure. However, In the short term,
she envisioned the City would keep the structures, and lease them out.
TAPE #1657
Mr. Reed did not agree that the "picture being presented" was an "opportunity for the City". He felt
there should be more long term planning, and, long term goals. He viewed this proposal as a "short-
term fix", and did not support it. He voiced concerns of paying for the building long after the building
was dysfunctional.
TAPES #1656 & #1657
City Council Reg. Mtg. Minutes
October 27, 1999
Page 7 of 7
Vice-President Arends agreed with earlier comments, and also felt that Council should go forward
with the proposal, and that it was fiscally possible and feasible.
Mayor Horton added that although she would very much like to build a brand new, state of the art
City Hall, the fact is, the money is not available. There is however, money to purchase this building,
which she believed was one of the nicest buildings in Bremerton. Mr. Farr pointed out that the
appraisal would point out any information regarding "the life" of the building, which he sincerely
doubted would be the case.
#0048 M/S/C (Montgomery/Overson) Motion to authorize the Mayor to forward a purchase offer up to
$3 million to the State Insurance Commissioners for the three parcels of property, and to negotiate
terms and conditions of purchase with the final documents to be returned to Council for their
approval.
Vote on Motion: In Favor: Overson, Farr, Montgomery, Olsen, McConnell, Law, Arends
Opposed: Reed
Motion carried.
With no further business meeting adjourned at 7:00 P.M.
CAROL ARENDS, Council Vice-President
City of Bremerton
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