HomeMy WebLinkAbout09/14/94TAPE #1234
UNAPPROVED DRAFT
COUNCIL
APPROVED
OCT ""5 1994
CITY COUNCIL MEETING MINUTES
SEPTEMBER 14, 1994
#0015
#0031
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, September 14, 1994, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Morrie Dawkins, Bob Winters, John Law, David
Farr, A1 Colvin, Lon Overson and Richard Neville. Also present
were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Reverend Scott Shaw
of Bremerton Church of the Nazarene.
CONSENT AGENDA
A. Minutes of Meeting.- August 17, 1994,
#AB94-193
B Minutes of Meeting - August 24, 1994
#AB94-194
C. Minutes of Meeting - August 31, 1994
#AB94-195
M/S/C/U(Neville/Colvin) to approve the 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/Dawkins) on September 14, 1944, the Council does
approve for payment those vouchers included and further described
as follows: 178373, 178374, 178376 through 178527 in the amount of
$660,422.71.
President Huff-Menees made the following announcements:
(1) City Council concluded interviews of four candidates for
Council District #8 position and selected Carlos D. Montgomery to
fill that position. Mr. Montgomery will be sworn in and seated at
the September 21 City Council meeting.
(2) Public meeting - Wastewater Treatment Plan Odor Control
Project, on September 26, 5:30 P.M., at the Public Works Complex
located oneOyster Bay Road.
(3) Neighborhood Information Network Meeting - Tuesday, September
20, at the West Park Activity Center.
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COUNCIL MEMBER REPORTS
Mr. Winters announced the KitsapLake Neighborhood Association will
hold a meeting on Thursday, September 22, 6:30 P.M., at the Cascade
Natural Gas Building located on Kitsap Way. He found it very
disappointing to see the expressions on teachers' faces as they
picket the School District Office. He hoped the teachers and
School District could come together soon for the benefit of the
young people in our community.
Mr. Colvin congratulated Carlos Montgomery on his selection as the
new Council representative-from District #8. He reminded everyone
of the District #1 Neighborhood Coalition meeting on Thursday,
September 15, 7:00 P.M., at the Sheridan Park Recreation Center.
The program theme for that meeting is to meet candidates for
elected offices and share with them concerns and issues from within
the citizenry. He cautioned parking at the Recreation Center will
be at a premium considering the fact 250 teachers are expected to
attend a meeting at the same time as the District #1 meeting.
Mr. Dawkins emphasized schools are an important part of the
community and he hoped a resolution to the teachers' strike can be
worked out.
Mr. Law reminded everyone the next District #3 Neighborhood meeting
will be held Tuesday, September 20, 7:00 P.M., at the Senior Center
on 13th and Ironside. Guest speaker at that meeting will be Sgt.
Randy Cox, who will explain how people can report concerns of drug
and gang activity. Other issues to be discussed at that meeting
are: right-of-way issues relating to upper Shore Drive and lower
Shore Drive; an "Election" report directly from the Kitsap County
Court House at 8:30 P.M.
Mr. Farr congratulated Carlos Montgomery on his selection as
Council District #8 representative. He looked forward to having
someone new on the Council so he would no longer be the "new"
member of the Council. He was pleased to report that the garbage
illegally dumped at the old Hadden School site had been cleaned up
and the people responsible prosecuted appropriately. He was also
pleased to hear some things discussed at a meeting of the Council
prior to this meeting regarding the sewer treatment plant and how
the odor control project is coming along. Information will be
coming out to the public soon as to what is happening in way of
recovery of funds and progress on the actions to correct the
problems at the treatment plant.
Mr. Overson reminded everyone to "VOTE" on Tuesday.
Mrs. Huff-Menees stated she hoped everyone would remember next
Tuesday is Election Day and for those not registered to vote in the
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Primary Election may register now so they are eligible to vote in
the November General Election. In reference to previous comments
made about her requesting the public sign a card with their name
and address prior to speaking on Council Agenda items, the request
always included the fact that Council would like the names and
addresses of those speaking so that follow up responses can be
forwarded appropriately. Council was challenged at the previous
Council meeting that the sign in cards was not part of Council's
own Rules and Procedures. She was sorry that there was a
misunderstanding - the sign-in-card has never been presented as a
Rule or Procedure, but simply a request and no one has been denied
the right to speak before the City Council for failure to fill out
a card.
MAYOR'S REPORT
Mayor Lynn Horton reported this afternoon she and Council President
Huff-Menees participated on a tour, with Congressman Norm Dicks and
a bus load of people, of the Hilltop area of Tacoma. They viewed
housing rehabilitation projects that were undertaken by a non-
profit agency. Congressman Dicks is keenly concerned about some of
the housing stock in Bremerton and wants to help the City with some
solutions for not only source of funds to expand the City's rehab
program, but also bringing the community together to try and deal
with housing issues. She found the tour to be very informative and
saw how a non-profit group started with virtually nothing, but with
great cooperation from the City of Tacoma, Tacoma Housing Authority
and banking establishments they have been able to rehab 143 homes
within the last four years. During the discussions, they learned
about a possible source of Federal funds and how to use Block Grant
funding and HOME funds to leverage those dollars to go even
farther. The good news is the City is trying to work cooperatively
with Congressman Dicks and his office, and some of the enhancements
to the City's housing rehab program, expanded abatement program,
etc., will in the long run help.
Mayor Horton announced she will be traveling to Washington D.C.,
along with members of the Naval Base Association, to lobby the
Base Realignment Commission so that we insure that no only PSNS but
also Keyport and Bangor stay open and healthy and a part of our
community long into the future. Even though several communities
throughout the United States that have Naval bases, this is one
area that has a long history of a Naval Base Association and she
felt this showed to our credit that we have that kind of
involvement in our community and link with our Naval bases. And,
that there is a strong track record to show the people in
Washington D.C., that we are very committed to having our Naval
bases kept open and they are part of our community.
Gordy Byrd announced he brought a friend, Theresa Cardell, to the
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Council meeting. He attended a Candidate Forum at VFW Post 149 and
while he was at that meeting, representatives from the Veterans
Association (VA) in Olympia, and the local VA talked with him about
helping him to put his shelter for the homeless together quicker.
He was pleased to report he has collected additional funds in the
amount of $80.78. He commented on the "good job" kitsap Transit
does for its ridership. Lastly, he hoped the teachers and School
District could come together and settle the teachers' strike so the
kids could get back in school.
Mayor Horton read the following Proclamations:
(1) Proclaiming the week of September 18, 1994, as PUGET SOUND
NAVAL BASE ASSOCIATION WEEK. Proclamation was accepted by Don
Atkinson, on behalf of the PSNS Naval Base Association.
(2) Proclaiming September 11, 1994 as 911-DAY.
(3) Proclaiming the week of September 18 -24 as CONSTITUTION WEEK.
PUBLIC RECOGNITION
GordV Byrd announced he brought a friend, Theresa Cardell, to the
Council meeting. He attended a Candidate Forum at VFW Post 149 and
while he was at that meeting, representatives from the Veterans
Association (VA) in Olympia and the local VA talked with him about
helping him put together his shelter from the homeless. He was
pleased to report his most recent donations towards his shelter
project amounted to $80.78. He commented on the "good job" Kitsap
Transit does for its ridership. Lastly, he hoped the teachers and
Bremerton School District could come together and settle the
teachers' strike so the kids could get back in school.
Don Atkinson, Bremerton Main Street Association, reminded everyone
there will be local radio coverage of the election returns on KBRO
- 1490. The recently held candidate forums for the County
Prosecutor race, County Commissioner race and 23rd Legislative
District will be rebroadcast on Channel 12 on September 15 and
September 19. He was pleased to report that over 100,000 people
attended Main Street events, starting with the first Sunday
Farmers' Market and going through the Blackberry Festival. He did
remind everyone of the Martin Luther King Scholarship Fund activity
will take place on Sunday, September 18 - Constitution Day, 2:00
P.M., at the Quality Inn/Bayview. President Huff-Menees thanked
the Main Street Association for the fun events they brought the
public this summer.
Mr. Rickabaugh, llth Street resident, reported Hunting Seasons
opens October 1. He was raised in Mason County and recalls that 20
years ago the public was allowed to hunt on watershed land. It
concerned him that 1,800 acres of land has been frozen from hunting
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and fishing that would do no damage to the land. If hunting and
fishing are considered harmful to the watershed, why is clear
cutting timber allowed, which does more damage to the land? In his
opinion, watershed land should be available to the public for parks
and recreation.
Terry Dugarts, local businessman, suggested the City build a parking
garage, multi story, in the Park and 4th Street area. In his
opinion, a three level parking garage would take approximately
three blocks of parking off the streets and because the site is
close to a Shipyard gate, it could facilitate the workers having
closer parking to their place of employment.
Don Larson, Washington Scuba Alliance, reported on September 9th
the Washington Scuba Alliance made a report to the State Parks
Commission on a proposal for an underwater park. They are still
investigating the possibility of an underwater park in Bremerton.
In their investigation, they are finding that obtaining a Naval
ship is very difficult, but because State Parks will be the lead
agency and the Department Of Fisheries will take a "back seat",
they might eventually get a ship as a diver attraction as opposed
to fish habitat. September is "Washington Water Weeks" and a
Journal listing various activities and facilities is available to
the public at Key Banks throughout the state and the Environmental
Protection Agency will mail a copy of that Journal upon request (1-
800-424-4EPA). The Washington Scuba Alliance has an event
scheduled as part of the printed activities on September 15, 7:00
P.M., Room 106 at Olympic College, where they will discuss their
report on the underwater park proposal. He reminded everyone of
the bi-annual clean up of Sinclair Inlet on Saturday, September 17,
11:00 .A.M., at the First Street Dock. On that same day, a Coast
Guard Patrol Boat will be open for tours and divers will collect
some marine life for a display for the public. Mr. Larson
displayed a "marine life" sign that will be placed in 35 marine
parks throughout the State. The City of Bremerton will be receiving
marine life signs for the boardwalk, Evergreen Park and Lions
Field. The Key Bank Water Fund will assist in the purchasing of
plastic lumber ($600.00) to build kiosks to hold the signs.
Mayor Hotton announced as part of the selection process for a new
City of Bremerton Police Chief, the two top candidates will be run
through a secondary process, one of which will involve the public.
She has a tentative date of September 27 when that opportunity will
be open to the public. She will also be holding an internal
process where the two candidates will meet the Police Officers
within the Department and they will be asked for their impressions
of .both candidates. From that point, she will be making a final
decision and forwarding that final appointment to the City Council
for confirmation. She emphasized both Police Chief candidates are
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outstanding and all five of the candidatess that went through the
assessment center were highly qualified.
7A - BID AWARD RECOMMENDATION - REMODEL OF SUITE 401-404 OF THE 245
4TH STREET BUILDING, #AB94-196
Request for bids were prepared, distributed and received in
accordance with accepted call for Small Works Roster Public Works
projects to renovate Suite 401-404, 245 4th Street Building for a
5-year lease to Community Insights, Inc.. Beginning the 13th Month
and payable through the 60th month of the lease, Lessee will
reimburse the City the cost of improvements in the amount of one
48/100 per month in addition to the monthly lease.
Bids were received from 3 firms listed on the Small Works Roster
and recorded as follows: Robison & Sons - $22,065.00.
Two bids were disqualified for failure to submit the required bid
bond.
Gil Johnson, Purchasing Supervisor, stated for clarification that
the $22,065.00 represents the total cost of improvement and some of
those improvements would be made regardless of the tenant.
Typically, the City provides the basic amenities for a tenant to
move into the facility, such as painting, carpsting, lighting,
electrical, etc. This amount does not necessarily represent what
would be payable or reimbursable to the City by the tenant, but is
what the bid is for the total renovation of the project.
Additionally, Kay Cole, Owner of Community Insights, is in the
audience and available to answer any questions Council might have.
Public comment - none.
Mr. Law noted the discussion during the Fiscal and Budget Committee
identified that if this were a commercial building lease the
'landlord or building owner would have built in the interest cost of
borrowed money. The City is not a profit making operation and we
can only charge for the funds being advanced to customize the
facility for.the tenant. He questioned why didn't the City charge
a reasonable interest rate on the money being loaned to that
operation? Mr. Johnson explained this is an improvement to a City
owned facility and asset. Regardless of who the tenant is, the
City would have that improvement and therefore it would be in
essence in some sense the City charging itself interest for the
improvements. Mr. Law asked for assurance that the space was not
customized in any way for the subject tenant? Mr. Johnson stated
a certain portion of the facility is being customized, but it is a
City asset that is being improved and the marketability of the
asset, regardless of who the tenant is, is still there and would
remain as an enhancement for the City.
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Mr. Colvin asked if the facility would have had to be improved
regardless of the tenant? Mr. Johnson stated yes, it is totally
inhabitable in its current state.
Mr. Farr questioned the amount of the renovation to be charged back
to the tenant? Mr. Johnson stated that figure will not be known
until the renovation is completed. Mr. Farr questioned if the
tenant has already agreed to repay the City on a repayment schedule
not knowing the amount? Mr. Johnson stated yes, the Lease states
the tenant will reimburse the City starting the 13th month and
repay the City in 48 monthly installments, to be negotiated.
Mr. Dawkins requested some information as to the type of business
going into that facility. Kay Cole, Community Insights, explained
the focus of her operation will include office share and some small
business counseling. Community Insights is an organization that
she started in Salt Lake three years ago and subsequently she had
to move back to this area to take care of a family situation and
brought the business with her. Community Insights itself is
primarily an organization that has subscriber members for whom
Community Insights provides marketing services. In the process of
organizing her company and enlisting members into the group, it
became clear to them that there were a number of businesses in this
area that were that were actually "start up" and in their first or
second year of business and perhaps weren't ready for the marketing
services they have to offer~ but needed some kind of guidance in
the area of business counseling. At that point, they decided to
formulate a 11/2 year structured program with some training and
office facilities and physical presence. To carry out what they
formulated, they started looking for facilities that would provide
the needed space and contacted the City in January of this year.
Over the past months, they have worked their way to the point of
negotiating a lease with the City and in the process have had to
delay some of their programs for 2-3 months. In additional to the
seedling business program that they hope to start in December or
January, PSNS Family Services Center contacted her approximately
three months ago with the idea there are many people coming out of
the PSNS and Bangor who want to stay in this community, but are not
finding employment and in the process of wanting to stay but not
finding employment, people are beginning to think about going into
business for themselves. In addressing the issue that the Navy
Yard was having with their displacement situation, it was decided
to write a shorter one-month course, called Business Boot Camp, in
which people could find information all in one place about the
process of starting a new business. Those people completing the
"Boot Camp" program could then go on into the seedling business
program. In answering the question how can Community Insights pay
for the leased space they are leasing, the lease amount is
approximately $1,350.00 per month and she is prepared, as Community
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Insights and its marketing effort, to absorb that cost, if
necessary. Secondarily, they decided to take more space than they
needed with the idea that they could provide Executive Office suits
or shared office space in that facility for at least 7-8 companies
in addition to their firm. Their marketing program has been to
approach companies that have some kind of marketing presence in
Kitsap County, but not a physical presence (note - a list of such
companies was provided in the Agenda documentation). It is her hope
to have 4-8 spaces filled by companies that wouldn't ordinarily be
in Bremerton except there is now an economically way for them to
establish a presence in the City without having to contract for
space, equipment and personnel to operate an office. With four of
their spaces already leased, if there are no programs other than
those described, their over head including their staffing for the
facility will be covered. As far as the increase in the lease
based on the negotiations and contracts that have been issued so
far, the increase looks like it will be somewhere between $133.00
per month and $350.00 per month and one year from now she hopes to
be beyond the current facilities and leasing more area and they
have accounted for that increase in the original project.
Mr. Winters questioned if the four companies that will share office
space are the $800/month office sharing participants? Mrs. Cole
explained there are different levels of participation that can be
offered to companies all the way from mail box service to an
answering service, which would include some access to conference
rooms, training rooms, etc. Mr. Winters asked how long would the
company be required to lease the space being sublet? Mrs. Cole
stated they are asking for at least a six month commitment.
Mr. Overson noted one of the services rendered is private office
space. He believed the City's construction does not provide
private office areas...there will be separations between'walls and
ceilings. Mrs. Cole stated that was correct. They have had
several discussions with the project director regarding how
ventilation would be accomplished in that facility. Her main
concern was moving air between offices and it was decided the
easiest and most economic way to accomplish that was by leaving an
air space above the top of the walls and between the walls. Mr.
Overson wanted to be assured the subleases would be informed that
the "private office space" was not totally private. Mrs. Cole
stated that situation will be conveyed to subleases.
Mr. Farr stated he was enthused by this kind of action and felt
Mrs. Cole was the kind of client the City needed inthe downtown
area. He was also glad to see the 4th Street building upgraded and
utilized.
President Huff-Menees extended a "welcome" to Mrs. Cole and was
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pleased that she chose Bremerton as the place to locate her
business.
M/S/C/U(Farr/Dawkins) that City Council award the contract to
remodel Suite 401-404 in the 4th Street Building to Robison & Sons
as to specifications and low bid responsive to specifications in
the amount of $22,065.
8A - ORDINANCE #4481 (SECOND READING) AMENDING B.M.C. 9A.32 'TO
CREATE A NEW SECTION CRIMINALIZING HARASSMENT, #AB94-189
Jim Litow stated he voiced his support of this proposed amendment
at the time of first reading of the ordinance and wanted to restate
the fact that he wished to see the ordinance passed and in place
quickly.
M/S/C/U(Colvin/Farr) to pass Ordinance No. 4481 on second reading
making harassment unlawful, and amending Chapter 9A.32 of the
Bremerton Municipal Code.
8B - ORDINANCE #4482 (SECOND READING) AMENDING PENALTIES FOR THIRD
AND SUBSEQUENT OFFENSES FOR SHOPLIFTING, #AB94-190
Gordy Byrd questioned for clarification the penalty for shoplifting
under the proposed amendment? Ian Sievers, City Attorney,
explained on a second offense for shoplifting there will be a
mandatory minimum fine of $300.00. On a third or subsequent
conviction for shoplifting, it becomes a jailable misdemeanor with
a possible 90 days in jail and $1,000 fine as a maximum penalty.
Mr. Byrd asked the penalty for a first offense for shoplifting?
Mr. Sievers explained a first offense would be a fine not to exceed
$500 and the Judge has some discretion.
M/S/C/U(Winters/Colvin) to pass Ordinance No. 4482 on second
reading amending the penalties for first and subsequent offenses
for Shoplifting, and amending Chapter 9A.36.050 of the Bremerton
Municipal Code.
9A - ORDINANCE (FIRST READING) VACATING A PORTION OF AN ALLEY
ABUTTING YANTIC AVENUE, #AB-94-197
The applicants have requested that the alley abutting their
property be declared vacated by operation of law. Vacation by
operation of law occurs when a plat was recorded before 1904 and a
platted road or alley remains unopened 5 years after platting, RCW
36.87.090. A vacation by operation of law is self-executing, but
requires Council'action to recognize its operation.
Ian Sievers, City Attorney, stated he would answer any questions
Council may have about the procedure. He noted one erroneous
statement in the Declaration talking about a five year period from
1889 through 1894, however, the street itself was not platted until
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1891. The Declaration does declare that it has never been
developed, so there clearly is five years of undevelopment after
platting, therefore, there is no material defect in the
Declaration. He also asked that a correction needed to be made to
the attached map. Mr. Law pointed out the correction to the map
needed to address the street south of Rodgers as Farragut Avenue.
Mr. Overson raised the point that proper identification of the site
was most likely accomplished through the proper tax code. Mr.
Sievers stated the Legal .Description not the tax number is the
important thing and looking at the title, ordinance, Agenda Bill
and legal description, that legal is correct since we didn't have
to refer to Farragut Avenue to identify the property in the legal
description. The map will be corrected for information purposes by
second reading of the ordinance.
Public comment - none.
Mr. Colvin asked if this is public property or private property?
Mr. Sievers explained actually it is private property and changed
hands from public property to private property five years after it
was platted and not developed by the County in 1896. Mr. Colvin
asked if it was private property why wouldn't it already show on
the tax rolls? Mr. Slevers stated no, due to a quirk in State law
it remains off the tax roll until the City goes through this
process to clear title and clearly identify it. A person could
also have gone through a "quiet title" action through Superior
Court and address the same law to that Court. This type of parcel
remains off the tax roll until it goes through either the City
process or Superior Court process for vacation of property.
M/S/C/U(Dawkins/Colvin) to approve Ordinance, on first reading,
vacating a portion of the alley abutting Yantic Avenue, "Port
Orchard Addition".
With no further business meeting adjourned at 6:48 P.M.
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