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Home My WebLink About01/19/94 '" COUNCIL APPROVED FEB 0 2 1994 TAPE # 1169 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES ~A,NUARy X9, ~9;4 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, January 19, 1994, at 5:30 P.M., with Council President Eileen Fitz presiding. Council members present were Sherril Huff-Menees, A1 Colvin, Richard Neville, Morrie Dawkins, Bob Winters, Lon Overson, David Farr and John Law. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend David Biles of St. Luke's United Methodist Church. SWEARING IN CEREMONY~ Municipal Court Judge Bruce Martin delivered the Oath Of Office for City Councilman of District #6 to David D. Fart, who was then seated on the City Council. CONSENT AGENDA A. Minutes of Meeting -- December 29, 1993 #AB94-015 B. Bid Award Recommendation -- Asphalt Products #AB94-016 For 1994 Mr. Neville pointed out, on page 9 of the City Council meeting minutes, that Councilman Waibel's name had been listed twice under the "vote" for item 6B. #0156 M/S/C/U(Neville/0verson) to approve the Consent Agenda as corrected. CLAIMS/WARIUtNT REGZBT~ 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. #0197 M/S/C(Colvin/Dawkins) on January l9, 1994, the Council does approve for payment those vouchers included and further described as follows: 172263 through 17225, 172269 through 172384 in the total TAPE #1169 city Council Reg. Mtg. Minutes January 19, 1994 Page 2 of 9 amount of $192,942.48; and Regular Payroll Supplement (final payments for Mentor, Brees, Henderson) in the total amount of $16,195.68. Vote on motion: In Favor: Overson, Neville, Law, Huff-Menees, Fitz, Dawkins, Colvin, Winters Abstain: Fart COUNCIL MEMBER REPORTS ~ expressed concern that as of this date no one from District #9 had called him with their comments or concerns. He welcomed Mr. Fart to the City Council. Mr. Colvin was pleased to report on a very successful Martin Luther King Scholarship Fund event held on January 16. Recently, he and a citizen toured Arvon Village. He hoped people would go out and look at that development and then let him know what their opinion is of that project. He reminded everyone of District #1's Neighborhood Coalition meeting on Thursday, January 20, 7:00 P.M. at the Sheridan Park and Recreation Center. ~ extended a welcome to Mr. Fart. Mrs. Huff-Menees congratulated and welcomed Mr. Farr to the City Council. she announced the first District #7 neighborhood meeting will be held on February 17, 7:00 - 9:00 P.M., at the Bremerton School District Office on Montgomery Avenue. The main topic at that meeting will be "Public Safety", however, she invited citizens to contact her regarding other issues or concerns they would like discussed at that meeting. Anyone willing .to assist with distribution of "flyers" advertising that meeting are requested to contact Merilynn Erhart at the City Council Office. On February 9th, at 1:00 P.M., she will be attending the Westpark Residential Council meeting, which will be held at the Westpark Community and Sports Center. She announced if anyone in District #7 is interested in holding a smaller neighborhood meeting within their immediate neighborhood they should contact Mrs. Erhart at the City Council Office. Mr, Law welcomed Mr. Fart to the City Council. He was pleased to report District #3 held its first Neighborhood meeting on January 18, which he felt went quite well. The "Public Safety" program was well received by those in attendance. The next District #3 Neighborhood meeting will be held February 15, 7:00 P.M., at the Senior Center. Anyone wanting to share a concern or make comment on any issue can do so by calling the City Council Office. He looked forward to attending Councilman Colvin's District #1 Neighborhood Coalition meeting on Thursday. TAPE #1169 City Council Reg. Mtg. Minutes January 19, 1994 Page 3 of 9 Mt. Fart again thanked the City Council members for selecting him to fill this position. He believes the task before him will be challenging and he hopes to have a questionnaire out to the citizens of District #6 to see what their needs and desires are in the way of neighborhood/District meeting. ~N~ 0verson also welcomed Mr. Farr. It saddenedhim to report that another downtown store was closing its door. - The Book Gallery on Pacific Avenue. PUBLIC P~OGNITION MaYor Lynn Horton reported on Tuesday, January 18, she met with the Planning Commission prior to Councilman Law's neighborhood meeting. Her discussion with the Planning Commission included the suggestion of having a joint Study Session between the City Council and the Planning Commission. With some of the regulation reforms that she hopes will be coming in the SEPA process during this Legislative Session and some of the other rule changes that may come along, she felt it was important to get people educated so they understand the process. Also, with four new Council members she felt it would be a good opportunity to explain to them how those regulatory processes work. Mr. Law's neighborhood meeting was well attended and some of the response she received was that they had more information given to them in that i 1/2 hour session than they had in several years. In response to the recent earthquake in California, she wanted everyone to be aware that Kitsap County does have a earthquake preparedness program called K-Prep (Kitsap. Preparedness). This program is designed at a neighborhood level and tells people how to prepare themselves and their neighborhoods in case of an emergency, not just an earthquake. Information on the K-Prep program can be obtained by calling her office 476-5266. The City's Emergency Manual will be reviewed to address emergency situations that may arise and City staff will be brought up-to-date on how to handle an emergency if it happens during working hours. Mayor Horton welcomed Mr. Fart and hoped he enjoys his tenure as Council representative for District %6 as much as she did during her six years. She wanted him to know that people in District #6 are well informed and like to become involved. She did note that a large n~mher of District #6 residents are seniors and they are a quiet audience watching Council proceedings on TV. Lastly, she announced there are vacancies on Boards and Commissions, especially on the Disability Action Committee. Additional information and/or application forms can be obtained from the Mayor's Office. Randy Witt, City Engineer, stated his purpose for coming before Council at this time is to respond to comments made by Cal Leichman at the previous Council meeting relating to Department Of Ecology (DOE) grant - Clean Water ~rants. and the Public Works T~ust Fund. In 1993 the City was unsuccessful in its efforts to obtain any TAPE #1169 City Council Reg. Mtg. Minutes January 19, 1994 Page 4 of 9 Centennial Clean Water grants. The 1994 process for those funds started on January 6th and Kathleen Cabal1, Water Quality Manager, met with the appropriate officials to discuss the requirements for this years grant funding. There are a couple of big changes to the program and the ones that are a concern to the City of Bremerton will be "enforcement orders" and "economic hardship" will no longer be a consideration in prioritizing projects, which was something the City had been using and stressing in grant applications. The criteria is tending to be solely in the difference in water quality. The funds in that program verses demands are pretty limited. The timetable for applying for this grant is: January 11 - staff will be assigned to prepare applications; January 11-18 the applications will be drafted; February 1-15 City staff will meet with DOE staff to discuss the applications and revise them if needed. The projects being evaluated as possibly being the most competitive in this area are the Callow Avenue Basin, wellhead protection plan, CSO monitoring activities, West Kitsap Lake project and the de-chlorination facilities. The Public Works Trust Fund is currently heading towards its ending from last year. It appears the City will be successful in obtaining a 3 1/2 million dollar loan for the Warren Avenue Basin project. That application has been approved by the staff and the next step is to go before the Governor for his signature in March. The process for the next years Public Works Trust Fund will be starting again in mid summer. viruini& MoKinnev, resident of District #9, stated she is the coordinator for Hands Off Washington Kitsap County Coalition and coming before the City Council to asked that they give serious consideration to adopting the proposed resolution that would reflect the City's joining in to protect the civil rights of everyone. She noted that the City of Poulsbo, Kitsap County Commissioners, City of Bainbridge Island, Human Rights Commission, Local Chapter of AAUA, NOW, ABLU and hundreds of citizens in Kitsap County are supporting Hands Off Washington. Gal Leichman, 204 High Avenue, brought up a concern that the intersection at High Avenue and Burwell Avenue is very dangerous for adults, children and especially for those individual who are handicapped. Previously, he had contacted the City about this situation but his requests have gone unanswered. He felt there are traffic controls that could be used to make it safer for people to cross the street at that location. He had personally experienced an accident at that intersection. It also concerned him that the outlines for the crosswalk was no longer visible. Mayor Horton explained statistics have shown that more people are injured in marked crosswalks than unmarked crosswalks and may be due to people having a false sense of security. The City will be dealing with the issue of crosswalks in a more comprehensive approach. There TAPE #1169 City Council Reg. Mtg. Minutes January 19, 1994 Page 5 of 9 are several approaches that can be taken in dealing with individual situations. She will work with the Engineers specifically on the intersection at Burwell Avenue and High Avenue because that area has some difficulties that need to be dealt with. Mr. Leichman pointed out there is a State law that requires automobiles to stop while a pedestrian is in a crosswalk, however, that does not always happen. Mr. Witt stated he would work with Mr. Leichman on this issue. 6A - pURCHASE AND SALE AGREEMENT FOR PROPERTY AT 922 AND 926 WASHINGTON AVENUE, #AB94-017 City Resolution No. 2383, adopted March 18, 1992, directed staff to surplus City owned property located at 922 and 926 Washington Avenue. The property was posted and publicly advertised "for sale" during July 1992. Three sealed bids were received and opened on August 6, 1992. The highest bid was made by Michael H. Cable. However, the sale to Mr. Cable was not completed, and staff now seek to sell the property to the second highest bidder, Charles A. Laubach for $133,300.00. The bidder has executed the attached Real Estate Purchase and Sale Agreement. Carol D~ck~nson, Development Manager, gave a brief history of the City's acquisition of the property, expenses incurred and the bid process initiated. The property was placed on the market in 1992, following an appraisal, a bidder was accepted and six months later it became apparent that bidder could not obtain financing to control the property. The City then contacted the second bidder per the City's process and that bidder stated he was interested and has followed up with securing financing. During this time, approximately five years, the City did have some expenses of approximately $68,000 with income totally about $54,000, leaving a deficit of approximately $14,000. Most of that deficit is due to the decision not to re-rent the units when they became vacant. The gap in time has been disclosed to HUD because the property was obtained through HUD financing through the Block Grant program. HUD has no problem with the City using the proceeds from the sale to replay itself for the monies expended on the property. ~ asked if the City Attorney had given his opinion as to the legality of not going out for new bid? Ian Sievers stated it is within Council's discretion whether or not to accept the second low bidder. There is no legal mandate that the City has to rebid the property within a certain period of time. Mr. Neville questioned if the "Closing Date - Termination Date" was included in the original contract? Mr. 8ievers stated this purchase agreement should be identical to the one with the first bidder. The very common conditions subsequent to closing of financing is what lead TAPE #1169 City Council Reg. Mtg. Minutes January 19, 1994 Page 6 of 9 to the failure of the first agreement. Mr. Neville pointed out this purchase agreement reflects "60 days after the date on which the purchaser signs this agreement". Ms. Diokinson confi£med that same condition was in the first purchasing sale agreement. The City did not "drop the hammer" on the first bidder at that time because he was sincerely pursuing financing. Although she did do minor repairs to the building, they look better than they did in April of 1988. They are still in need of new roofs, which makes a private lender a little nervous and does take more time to find financing. Mrs. Huff-Menses questioned if the purchaser intends to continue the use of these properties as rental properties. Ms. Dickinson stated yes. Mr. Colvin questioned if there were just two bidders for the properties? Ms. Dickinson stated when the City offered the properties up for sale there were three bidders. They did negotiate with bidder #1, but when it became clear that bidder could not obtain financing, they mutually agreed that bidder was backing out and then bidder #2 was contacted to see if they were still interested in the site. Mr. Overson questioned if the inability to obtain financing by the first bidder was due to the lenders view of the value of the property? Ms. Dickinson stated no. Mr. Ov®rson stated he felt the City might have a good chance to get the $147,000 if a new bid process was pursued. Ms. Dickinson stated that might be possible, however, the city does have a bidder, who has obtained financing, for an amount higher than the apprised value. Roy McXnnis, 2711 Maple Street, questioned if it would be financially beneficial to the City to go through another bid process with the hope to make up the difference between $147,000 and $133,3007 The reason he is raising that question is due to the n~mher of years that have lapsed between the first bidder's attempt to purchase to the present time and the fact that residential property had increased in value during that time frame. Ms. Dickinson stated the appraised value obtained prior to offering the properties publicly came in at $130,000.- It is conceivable that the City could go out for a new appraisal and have the appraised value come in at a higher price. But, then you would have to weigh the time it would take to obtain a new appraisal, go through the public process and meet all of the necessary dates. She felt it was important to remember that the monies being discussed are Community Development Block Grant (federal) monies and the proceeds from the sale of this property goes back to the Community Development Block Grant Fund, not the City's General fund. The City initially got into these properties for $26,000. From the TAPE #1169 City Council Reg. Mtg. Minutes January 19, 1994 Page 7 of 9 federal prospective, what they are looking for is that the City receive at least the appraised value. Mr. Dawkins stated he felt the properties had been in the City's hands too long and urged Council to move ahead with this proposal. Mr. Law noted a lesson can be learned from this and that is that we were nice guys too long (18 months), and no one actually benefitted from waiting that length of time. He urged Council to proceed. #1371 M/S/C(Huff-Menees/Dawkins) to approve and pass Real Estate Purchase and Sale Agreement with Charles A. Laubach, of Bri-Lor Enterprises, for sale of the property at 922 and 926 Washington Avenue, Bremerton, Washington. Vote on motion: In Favor: Overson, Neville, Law, Fitz, Fart, Huff-Menees, Dawkins, Colvin Abstain: Winters Motion carried. ~ requested that Item 6B be pulled off the Agenda due to its not having been reviewed by a Council Committee and that a budget adjustment was necessary due to the proposed funds not being included in the 1994 budget. Mr. Law concurred in Mr. Overson's request. ?~ - ORDINANCE NO. 4443 (SECOND READING) FOR PARK DEDICATION AND .PROTECTION OF THE S.P. 0tPXT~e CAREY VIBT~, #AB94-009 Public comment - none. #1499 M/S/C/U(Colvin/Neville) to pass Ordinance No. 4443 on second reading, officially dedicating the S.P. "Pat" Carey Vista as a Bremerton City Park, including the Vista under the Parks Protection Ordinance and amending Chapter 13.12 of the Bremerton Municipal Code. ?B - ORDINANCE NO. 4444 (SECOND HEADING) PROVIDING FOR CABLE TELEVIBION RATE REGULATION, #AB94-010 Public comment - none. #1535 M/S/C/U(Neville/Winters) to pass Ordinance No. 4444, on second reading, to provide for the regulation of basic service tier rates and related equipment, installation, and service charges of any cable television system operating in the City of Bremerton. 7C - ORDINANCE NO. 4445 (SECOND READING). ZONING TEXT AMENDMENT: "PRIVATE EDUCATION FACILITY" USE TQ ~l ~LLOWED IN THE CBR AND BC ZONEB BY BPECIAL UBE PERMIT, #AB94-011 TAPE #1169 City Council Reg. Mtg. Minutes January 19, 1994 Page 8 of 9 Public comment - none. #1579 M/S/C(Winters/Overson) to pass Ordinance No. 4445, on second reading, allowing private educational facilities to operate within the Central Bremerton Residential (CBR) and Shopping Center (SC) zones by Special Use Permit (SUP) and amending Chapter 21.02 of the Bremerton Municipal Code. Vote on motion: In favor: Overson, Neville, Law, Fitz, Huff-Menees, Dawkins, Colvin, Winters Abstain: Parr Motion carried. 7D -RB~OLUTION NO. Z4S5 ~ETTIN~ A PUBLIC RR~IN~ D~T~ OF FEBRUARy 9. ~994. FOR A 8TREETV2tCAT~ON~ APPLIC2~NT~ 8~FEWAY. lNG,, ~AB94-019 The City Council is being requested to hear an application for the Vacation of a portion of the Montgomery Avenue and the alley ways bound by 9th Street, llth Street, Montgomery Avenue, and Callow Avenue. Title 35 R.C.W., Chapter 35.79 requires "...legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution". Jack &llin~ham, Planner, stated he had a view graph of the subject site if Council wished to have it displayed. President Fitz questioned since only a public hearing date was being set, was it appropriate for Council to see the viewgraph available? ~t_~~, City Attorney, stated the purpose of this item is just for scheduling purposes and Council probably should not view any info~mation addressing the project. Public comment - none. #1697 M/S/C(Law/Colvin) to adopt Resolution No. 2455, to set date for public hearing for February 9, 1994. Vote on Motion: In Favor: Overson, Fart, Huff-Menees, Law, Fitz, Dawkins, Colvin, Winters Abstain: Neville TAPE 91169 City Council Reg. Mtg. Minutes January 19, 1994 Page 9 of 9 With no further business meeting adjourned at 6:30 P.M. ~THLEE~?L. McCraY, City Clerk ~dent City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault