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HomeMy WebLinkAbout04/24/96TAPE #1374 UNAPPROVED DRAFT COUNCIL APPROVED MAY 8 1996 CITY COUNCIL MEETING MINUTES APRIL 24, 1996 #0031 #0051 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, April 24, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, and Richard Neville. Councilman Lon Overson was absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Scott Shaw of Bremerton Church of the Nazarene. CONSENT AGENDA Resolution No. 2543, Setting Hearing Date for Street Vacation; Applicant: Star of the Sea Street #AB96-081 M/S/C/U(Neville/Farr) 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. M/S/C/U(Colvin/Montgomery) on April 24, 1996, the Council does approve for payment those vouchers included and further described as follows: 197059 through 197338 in the amount of $682,999.82; and Regular Payroll in the amount of $693,729.28 for the period ending April 15, 1996. COUNCIL MEMBER REPORTS Mr. Winters reported today he attended a luncheon celebrating National Secretaries' Day and a joint meeting of the Silverdale and Bremerton Chamber Of Commerces, at the Kitsap Golf & Country Club. Mr. Colvin pointed out the good work of the City's street sweeper and he extended a special "thank you" to Mayor Horton for helping get rid of the Scotch broom at the north end of the Warren Avenue bridge. He also believed Sun reported Jim Rothgeb brought about some influence toward the removal of the Scotch broom. He recalled TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 2 of 12 several Council members volunteered to donate a rhododendron plant to replace the Scotch broom. (Note: When he asked his fellow Council members who had offered to make such a donation, all Council members present raised their hand.) He was given the following suggestion and asked to pass it along: There are a lot of citizens unable to purchase computers for their children, and there are a lot of businesses upgrading their computer programs that are willing to donate those computers for a good cause. The next step would be to find a building to house the computers, enlist assistance from the 500 senior computing members in this community to teach our youth how to use computers during the summer. Mr. Colvin sees this as a great way to keep kids off the street and provide an opportunity of learning, which would pay dividends for the citizens of Bremerton. Mr. McConnell reported this afternoon he had the honor of interviewing three Bremerton High School students, who were being considered for a Citizenship Award. He was of the opinion if the majority of the High School students in Bremerton are like the three he met today, the future doesn't have anything to worry about. Mr. Farr stated all the things he was going to report on had been thwarted. He was going to report on the nice new sidewalk and removal of trees along Ivy Green Cemetery, but as he turned right to go north on Naval Avenue, he nearly drove into the ditch that is still open along the sidewalk. He was going to mention the Christmas In April program taking place this Saturday, but Emily Moshay is in the audience to make such a report. He was going to report on the progress of some concerns by constituents about the increasing number of people running red lights at intersections, but he failed to make contact with the Police Chief to provide that update. Mr. Meville reminded everyone of the Harrison District meeting on April 29, 7:30 P.M., at the Canterbury Manor. Mr. Law extended condolences to the Lawrence Stein family in the passing of Larry Stein. The Council will hold a Study Session immediately following the Council meeting to discuss Zone Map and Text Amendments. MAYOR'S REPORT Mayor Lynn Horton reported the City is going to have a thorough investigation following the assault of a young man at a local tavern over the weekend. This establishment has had a number of complaints due to noise in the past, and the City's goal is to pursue any business establishment to make sure they follow the TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 3 of 12 rules, and do not become detrimental to a neighborhood. The FBI is also involved to determine if this case should be prosecuted as a "hate crime". The Mayor thanked all of the people involved for their efforts during "Clean Up Week". Mayor Horton read the following Proclamations: 1) April 21-27, 1996 as STUDENT LEADERSHIP WEEK. 2) May 5-9, 1996 as NATIONAL SAFE DRINKING WATER WEEK. Kathleen Oahall, Water Resources Manager accepted the Proclamation, and announced the City will hold an OPEN HOUSE of City services on May 16. Citizens can call 478-5920 for more information. PUBLIC RECOGNITION Donald Larson, Washington Scuba Alliance, reported on the Sinclair Inlet Clean-Up event, and discussed the possibility of an underwater park in Bremerton. Joyce Whitehead, Washington Scuba Alliance, publicly thanked all of the volunteers and businesses involved in the Sinclair Inlet Clean- Up event, which was held on April 20. H. Emily MoshaV, 1206 Park Avenue, announced Christmas in April will take place on Saturday, April 27, with approximately 250 volunteers working on nine homes. Also, on Saturday, May 4, 1996, the Community Wellness Festival will be held at the Westpark Community Center from 11:00 A.M. to 5:00 P.M. The focus of this event is health care needs in Kitsap County, especially for people of color. Call Valerie White at 871-2583, or Sherry May at 377- 7667 for additional information. John Thomas rRported, at the Mayor's suggestion, he drove across the Warren Avenue Bridge today and viewed the improvements resulting from removal of the Scotch broom. 7A - BID AWARD -- GOLD MOUNTAIN GOLF COURSE GROUNDS MAINTENANCE FACILITY, TRUSS INDUSTRIES, INC. #AB96-082 Bids were opened on Thursday, April 11, 1996 for the new Gold Mountain Golf Course Maintenance Facility. Nine (9) bids were received for this project. (See attached Bid Opening List.) The low bidder is Truss Industries, Inc., from Seattle, Washington for the base bid amount of $420,425.00. The recommendation before Council is approval of Truss Industries, Inc.'s base bid of $420,425.00. Dan Miller, Project Manager, reported the Grounds Maintenance TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 4 of 12 #0951 Facility will be constructed on a shared site in cooperation with the Forestry Division. The site is west of the existing golf course. The existing grounds maintenance building will be demolished, and the area will then be used for additional parking. Public comment - none. Mr. Winters asked if the recommended company was the lowest bidder? Mr. Miller stated yes, and the second lowest bidder was $50,000 higher. Mr. Winters asked what was the total amount allotted for this project? Mr. Miller responded between $450,000 and $475,000. The City has not used Truss Industries before, but their references were checked with numerous other agencies. Mr. Winters noted in a past project for the Department of Wildlife the following comment was made: "yes, they would work with Truss Industries, Inc., again; and there were no change orders or requests for additional time." He asked Mr. Miller the top end of change order costs? Mr. Miller stated the top end currently is Change Order #3, which is an estimate of $50,000, which he views as the final change order for the initial contract to build the new golf course. Mr. Colvin asked if golf carts would be housed in this facility? Mr. Miller stated no. The proposed facility will only house staff and maintenance equipment required to maintain a 36-hole golf course. M/S/C(Huff-Menees/McConnell) to approve the award of this contract to Truss Industries, Inc. in the amount of $420,425.00, and if approved, to authorize the Mayor to execute the same, subject to City administrative policies and procedures. Vote on motion: In Favor: Overson, Neville, Farr, Huff-Menees, Law, McConnell, Montgomery, Colvin " Opposed: Winters Motion carried. 7B - AGREEMENT FOR CONSULTANT SERVICES, DYES INLET IMPLEMENTATION GRANT, #AB96-083 The City of Bremerton concurred with the Dyes Inlet Watershed Action Plan in 1992. That plan identified actions that the City and other local and state agencies should take to prevent water pollution in Dyes Inlet from non-point pollution sources. Many of the actions the City agreed were important concerned stormwater. Kitsap County has received a Centennial Clean Water Grant for $250,000 from Department of Ecology to implement some of the actions. The City has been asked to participate, along with about 10 other local organizations, and would receive 75% funding for a proposed stormwater monitoring project. The City would receive TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 5 of 12 #1125 reimbursement in accordance with the attached agreement. Kathleen Caball Water Resources Manager, stated in this case the City of Bremerton is the consultant and will be paid 75% for our project. The City's participation in this grant with Kitsap County helped pay for the water quality stormwater project. The project will involve looking at inappropriate connections to the stormwater system. Separated stormwater is not treated, so anything that gets into the stormwater system will end up in Puget Sound untreated. This grant is a good example as to what can happen when local agencies come together and work toward a common goal and Kitsap County is to be credited with bringing the various entities together. Public comment - none. Mr. Farr stated by spending money on this project now, it will help determine what the quality of the water in the stormwater system. As long as he has served on the Council, the big question involving stormwater is whether or not the Department of Ecology or some other agencies will require treating that water before discharging into the Sound, some time in the future. He believes spending money at this point will give the City a better chance of getting the quality of that water up to a quality that allows the City the best chance of not getting stuck with a huge expense of treating stormwater. Ms. Caball stated Mr. Farr is correct, it will give the City a feel for what is in the stormwater and if they find things that shouldn't be in there, they will do further investigation to find the source of pollution. She pointed out some sections of the City's sewer system is 100 years old and on occasion they have found a connection that should have gone into the sanitary sewer, but is actually discharging through the stormwater system. Mr. Neville thanked Ms. Cahall for the hard work she and her department have put forth on this proposal and to take the lead, County-wide, on this project. M/S/C/U(Neville/Montgomery) to approve the Agreement for Consultant Services and authorize the Mayor to sign, subject to City Administrative policies and procedures. 7C - KITSAP REGIONAL COUNCIL INTERLOCAL AGREEMENT, #AB96-084 On April 10, 1996 the Kitsap Regional Planning Council voted to amend its Bylaws and Interlocal Agreement to broaden its scope beyond planning issues. Additionally, the Board voted to sunset the Kitsap Regional Planning Council and adopt the name Kitsap Regional Council. The membership will remain the same. TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 6 of 12 The primary mission of Kitsap Regional Council will be to provide a "forum from intergovernmental coordination, cooperation and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery." Over the next three months, the Council will evaluate its staffing and budgetary needs. Mayor Lynn Horton stated Kitsap Regional Planning Council has forwarded this issue to Council for ratification. Earlier this year, the Regional Planning Council held two study sessions where they reviewed their mission and affirmed that it is a good forum to come together cooperatively to address issues that are beyond the individual jurisdictional scope. They recognized this is in fact more than a planning function, i.e., block grant funding, HOME funding and many other things that have nothing to do with planning. By consensus, the group felt the need to move beyond the Regional Planning Council name, thus the new title of Kitsap Regional Council was recommended and passed by the existing Kitsap Regional Planning Council. If the City of Bremerton and the other jurisdictions ratify this proposal, as of May 1 the Kitsap Regional Planning Council name will sunset and the Kitsap Regional Council will be formed. On an interim basis, they will use the County's Block Grant Coordinator to provide staffing for the Council and during the next 90 days they will assess their needs for staffing levels and budgetary needs. She urged Council to ratify the agreement as presented. Public comment - none. Mr. Neville asked if Council did not approve this item would it mean the City wanted to withdraw from the Regional Council? Mayor Horton stated a reason for non-passage might be something that could be taken back to the Regional Council, i.e., amendments or adjustmentS, but if Council just simply did not like it and did not want to participate, it would indicate withdrawal from the Regional Council. Mr. Neville stated he firmly believed this was a good idea and good working order for all the agencies involved. Mr. Colvin asked if this proposal will cost the City more money? Mayor ~orton stated potentially it could depending on what is determined over the next 90 days as to staffing and budgetary need. She believes it would be a minimal impact if there is an impact. Mr. Colvin asked if the Mayor had a feel for what a "minimum impact" might be? Mayor ~orton stated if we were to continue on the course using the County's Block Grant staff, it would mean the City's contribution of about $13,000 annually. When staffing levels were discussed, it was acknowledged that most jurisdictions do not have excess money to just hand out; therefore, there was a TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 7 of 12 need to be frugal in staffing limits for this function. Mrs. Huff-Menees re-emphasized the deliberation went into presenting a budget that is a reduced budget from the past couple of years and that was why they set a 3-month time period to evaluate what they could function with in terms of staffing in the hopes of reducing the existing staffing level. The By-Laws and the Interlocal Agreement in general have a broad concern of allowing that forum to be the place where governments of Kitsap County can come together to address the issues of how to work cooperatively in a variety of ways. Mr. Farr pointed out he recently completed approximately 1-1/2 years on the Kitsap Regional Planning Council, which he enjoyed and learned a lot. He believed this was the only forum where the County and other governmental entities come together on a regular basis to work together. He views this as absolutely necessary and all citizens of the area benefit when these agencies work together. #1496 Mr. Colvln asked how many members of the City Council serve on the Regional Council? Mayor Morton pointed out she, the City Council President and one other Council member serve on the Planning Council. Her view of the study sessions held to address this issue was outstanding and displayed a real willingness on everyone's part to put some of the past issues behind and try to deal with issues that had been "thorns" in all of their sides. Mr. McConnell asked where does the direction for the individual members on Regional Council come from...their local Council Districts? Mayor Horton stated it should come from the City Council. Generally, when large ticket items like this issue are being addressed by the Planning Council, it would come before the various City Councils. Mr. Winters asked the basis of choosing members from the various jurisdictions and could it be a citizens at large? Mayor Morton stated it could not be a citizen at large and representation is designed as Mayor, Council President and a City Council members. Mr. Winters asked if the number of participants from one jurisdiction is based on population? Mayor Morton stated yes. Mr. Winters asked the number of representatives from the County? Mayor Morton stated three. M/S/C/U(Montgomery/McConnell) to ratify the Interlocal Agreement for the Kitsap Regional Council and authorize the Mayor to sign said agreement. TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 8 of 12 7D - ADMIRAL THEATER SECTION 108 LOAN SECURITY, #AB96-085 The Admiral Theater has applied for and has been approved for a Section 108 Loan. The original loan was applied for last year under the umbrella of the Kitsap County CDBG Program. Per the attached letter from Congressman Dicks, one step in the loan finalization process is to provide security for the loan. HUD regulations are outlined in a letter to Kitsap County dated December 12, 1995. "The third condition specifies that the County furnish such additional security for the repayment of the guaranteed loan as HUD deems appropriate , i.e., security in addition to the pledge of CDBG funds." Per Congressman Dicks letter, the additional security required is the theater building itself. Approval is requested to offer the building as additional security with regard to the Section 108 loan guarantee. Mayor Lynn Horton stated just prior to her trip to Washington, D.C., she received a call from the Admiral Foundation that HUD was requesting additional loan security. When she visited Washington D.C., she did meet with several HUD staff members and learned that over the last couple of years this Administration has required additional security on all of their HUD guarantee loans. Therefore, what is being asked is that the security be placed upon the building itself. The City does own the building and she urged Council' approval of the request as outlined. She feels strongly that the Admiral Theater Foundation will move forward and secure the residual funding necessary, thus it would not be necessary to use either the Community Development Block Grant money or the security on the building. She noted several members of the Admiral Theater Foundation board were present in the audience as well as Kurt Beckett of Congressman Norm Dicks' office. Pubic comment'- none. Mr. Neville asked to have a letter, dated December 12, 1995, read into the record Mayor Hotton highlighted several paragraphs as follows: paragraph 1 - "Please be informed that Kitsap County, Washington's request for loan guarantee assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, has been approved. Such assistance is to consist of the guarantee of notes or other obligations in the principal amount of $1,500,000, plus interest thereon, to finance activities described in application B-95-UC-53-0005. paragraph 3 - The First condition provides that in the event the County fails to submit notes or other obligations for inspection and guarantee by the U.S. Department of Housing and Urban TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 9 of 12 Development (HUD) before December 1, 1996, the offer will expire as of such date. Paragraph 4 - The second condition provides that the repayment schedule for the guaranteed loan must be acceptable to HUD. Paragraph 5 - The third condition specifies that the County furnish such additional security for the repayment of the guaranteed loan as HUD deems appropriate, i.e., security addition to the pledge of Community Development Block Grant (CDBG) funds. This security will be specified in the contract for Loan Guarantee Assistance, which will be executed at the time the guaranteed obligations are issued. Paragraph 7 - In Addition to the special conditions cited above, the release of funds for the project to be carried out with loan guarantee assistance is conditioned upon compliance by the County with all applicable provisions of the HUD Environmental Review Procedures (24 CFT Part 58). In this regard a request for release of funds must be approved by HUD prior to the obligation or utilization of funds for the project." Mayor Morton noted attached to that letter was the agreement, which was signed by Commissioner Granlund for the County. The last page of the application listed "Special Conditions", which included providing additional security for the guaranteed loan as the Secretary deems appropriate. She noted at this point the appraisal of the Admiral Theater building is much less than the loan and the appraisal for the loan guarantee will be conducted after the project is completed. Mr. Colvln asked who is responsible to pay back the note? Mayor Morton stated first the Admiral Theater Foundation will be expected to finish their fund raising to repay the loan; however, if they are unsuccessful then the Kitsap County Block Grant money will be used on a one-year increment schedule. If for some reason the Block Grant money disappears or was insufficient to cover the loan payment, then it would revert to the collateral on the building. The City is being asked to sign the building as collateral. Mr. Colvin questioned if there was a default and the building sold for less than needed to repay the loan, who would be responsible? Mayor Hotton stated if the fund raising isn't sufficient and the Block Grant funds are not sufficient and the building goes on the auction block, and whatever proceeds are derived from the sale would be what HUD would receive. Mr. Colvim wanted the public to be assured the City of Bremerton would not be responsible for any of the repayment requirement. Mr. Winters referenced the letter dated 12-12-95 and questioned TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 10 of 12 #2085 who was responsible for getting it before the City? Mayor Hotton stated the City has been corresponding with the HUD office for several months and she was unaware of the issuance of that letter until Monday, April 22. Mr. McConnell asked how does this shake out with Section 8 in the State Constitution? Ian Sievers, City Attorney, stated this issue has been reviewed with the Mayor and Planning Department and determined the City is lending credit to the Admiral Theater Foundation. The building is owned by the City, but the City still needs to maintain some controls on how the money is spent. The City has appropriated money to the Foundation over the past couple of years and there is a funding agreement with them so the City can be assured those expenditures go toward improvements of the building. It will be necessary to do an amendment to that funding, but since this is credit and collateral of the City, we'll want to make sure the loan proceeds are spent under the same kind of controls. The second thing the City needs to do is to have an agreement that the operating agreement with the foundation would cease if they were in default of the loan in the City's option. Mayor Hotton emphasized the amount of oversight given to this project is extensive and will be watched closely to make sure the money is spent in accordance with the loan application. Mr. Colvin asked how soon must this item be ratified? Mayor Hotton stated the urgency is until this item is approved, the Admiral's loan funds will not be released. It was her understanding that a contractor has been secured by the Foundation and they are in need of having the funds released to begin the project. Mr. Winters stated he was glad that the December 12 letter was finally made available to Council and sees this as a plus to complete the project and urged his fellow Council members to lend their supportS' Mrs. Huff-Menees stated she would abstain from voting on this issue because she serves on the Admiral Foundation Board and she did not want that to be construed as a lack of support for this proposal. She also believes there is ample oversight and a great deal of work has already taken place and the Foundation is ready to move forward on the project. M/S/C(Farr/Montgomery) to approve using the Admiral Theater building as additional collateral with regard to the Section 108 loan guarantee. Vote on motion: In Favor: Overson, Neville, Farr, Law, Montgomery, Colvin, Winters TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 11 of 12 Motion carried. Opposed: Abstain: McConnell Huff-Menees 8A - RESOLUTION NO. 2544, AUTHORIZING IAC APPLICATION: EVERGREEN PARK REDEVELOPMENT PHASE I, #AB96-076 Evergreen Park Redevelopment is being resubmitted to Interagency Committee for Outdoor Recreation (IAC) for funding in 1997. The project addresses approximately 6 acres of the park and includes three picnic shelters, trails, parking, reconfiguration of the play area and playground equipment, hard surface basketball area, sand volleyball court, horseshoe pit upgrades, removal of deteriorated structures and asphalt, and landscaping and plantings. Jim SDencer, Parks and Recreation Director, stated this Resolution provides an opportunity to identify matching funding for the Master Plan development of Evergreen Park. The focus of the Master Plan development before Council, at this time, is the existing park, which is the northern portion, and is basically a "face lift" of the existing park with a few additional amenities, with the most significant being additional parking, additional shelters, basketball courts, and volleyball court. The only part that is not within the existing park is the parking area, which will be relocated in an area created through the reconfiguration of 14th Street. The resolution funding is broken into two components: (1) $100,000 will come from the Roosevelt Field Replacement Funds, per the agreement approved in November 1995; (2) $200,000 will come from Fund 109, Real Estate Excise Tax. Public comment - none. Mr. Neville asked who is responsible for writing the grant, and what was the deadline? Mr. Spencer stated this was a fairly elaborate graht process and his department is writing the grant. The deadline is May 1, 1996. The results will not be known until around September. Mr. Neville asked if it was possible to not get the full amount requested, and if priorities had been set?. Mr.. Spencer responded priorities could certainly be targeted. Mr. McConnell questioned if the $100,000 coming from the Roosevelt Field Replacement Fund was in agreement with the ordinance passed several years ago protecting Roosevelt asset funds? Mr. Sievers stated in depends on your individual approach to replacing the recreational needs that Roosevelt Field served. Mr. McConne11 stated he approved of this action, but wanted to make sure there were no violations of the previous ordinance. Mayor Horton stated that Council was presented with the Roosevelt TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 12 of 12 #2349 Field Replacement Plan, which they approved, and Evergreen Parks was the top priority on that plan. M/S/C/U(Colvin/Winters) to adopt Resolution No. 2544 authorizing the Mayor to submit an application to IAC for funding assistance for the development of Evergreen Park. President Law announced Council would hold a Study Session immediately following the Council meeting to discuss "Zoning Maps and Text Amendments". Also, the City Council has scheduled a "Council Retreat" in the City Council Chambers, Room 212, on April 27, 1996, 10:00 A.M. to 2:00 P.M., and the public is invited. John Ryan, Scout Troop 1512, announced members of his troop were attending the City Council meeting to earn their merit badge for "Citizenship in the Community". With no further business meeting adjourned at 6:45 P.M. KATHLEEN L. EY City Clerk City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault