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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. TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 2 of 10 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 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 3 of 10 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 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 4 of 10 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 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 5 of 10 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 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 6 of 10 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. TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 7 of 10 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 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 8 of 10 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 #1727 #1789 #1882 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 9 of 10 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 #2148 TAPE #1234 City Council Reg. Mtg. Minutes September 7, 1994 Page 10 of 10 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. KLM/SH-M/me cc: Normal Distribution File/Vault Clerk