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HomeMy WebLinkAbout03/17/93TAPE #1095 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MARCH 17, 1993 APR 'F - 1999 #0017 #0030 #0040 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, March 17, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Richard Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, and A1 Colvin. Council member Russ Johnson was absent. Also present were Assistant City Attorney Leila Mills and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Council member A1 Colvin. President Fitz announced Council would hold a Study Session on the "Ad Hoc Committee Report" immediately following the Council meeting. Everyone is invited to attend. CONSENT AGENUA A. Minutes of Meeting - February 24, 1993 #AB93-048 M/S/C/U(Waibel/Colvin) to approve Consent Agenda as presented. CLAIMS/WARRANT 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(Colvin/Dawkins) March 17, 1993, the Council does approve for payment those vouchers included and further described as follows: 164789 through 164919 inclusive and 164716 in the total amount of $362,455.08. COUNCIL MEMBER REPORTS Mr. Colvin introduced Thomas T. Curry, II, Chief Petty Officer and Navy Recruiter in Bremerton. Chief Curry introduced Commander and Mrs. Steve Lilley, his Executive Officer from the Naval Recruiting District, Seattle. Chief Curry stated Bremerton High School is one of the schools from which he recruits and works closely with their Vice Principal. Chief Curry has been an instructor in the Navy for 10 years and is currently teaching a cultural awareness class at BHS. He stated feedback has been positive, and students are working with Chief Curry in areas of drug and alcohol education, crime prevention, they're are discussing gangs, shootings, rape, employment, tuition assistance for scholarship, anger control, stress management, racial tension, anxiety. He feels the TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 2 of 9 student and teacher relationship has been good thus far. He realized something must be done to alleviate the tension students and the community have associated with gangs and felt a program he was associated with on the east coast is necessary here. Chief Curry worked with the Police Athletic League in Ohio and the program "Scared Straight" has been very successful there. Basically the program involves taking students to the prisons. Chief Curry has sent a letter to the principal which has been forwarded to the Superintendent of the Board of Education and to Purdy and Shelton. Purdy supports this program and he is arranging transport. He's received positive input from Shelton and is attempting to make arrangements there also. He feels this program will benefit the community and is hopeful that by initiating the program at BHS, it will spread throughout all schools in Kitsap County. Commander Lilley stated he has been in the area about a year; their recruiting district covers all of Washington, Alaska, northern Idaho and Montana, approximately 775,00 square miles. He stated his job as Executive Officer is to assist areas that have the most problems. The one area he can point to that has good relations with the community is the Kitsap peninsula. Commander Lilley stated he is here to underline the Navy's concern for the community. Standards for recruiting from both high school and college have never been higher, and it is the Navy's overriding concern that students stay in school and complete their education. Commander Lilley stated when he learned Chief Curry ran a successful program in conjunction with his shipboard duties at his previous duty station, the Navy felt his experience to be an excellent tool to build relations with Bremerton and Bainbridge schools. Mr. Colvin introduced Cuchullaine O'Reilly, a fairly recent newcomer to Bremerton. Mr. O'Reilly stated three years ago when he decided to move to western Washington from the east, he deliberately chose Bremerton over other Puget Sound area cities. He stated he came to Bremerton to write a book and start an investment business and feels it is a nice place to live, and the people of Bremerton and Kitsap should be proud of what they have. Mr. O'Reilly stated he owns about 20 buildings in the immediate area and over time has heard complaints from tenants about drug related problems. He stated last year a tenant complained that the man downstairs was dealing drugs in the front year. He called 911 and was told the police would call back in three days. Mr. O'Reilly wished to express support for the new anti-drug unit. He has talked to Sgt. Cox and has informed other landlords about the unit and they feel for the first time they can talk to a person when they call and get some results. He feels most people don't understand the full implications of what a TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 3 of 9 #0410 #0424 #0513 serious drug problem Bremerton has. He described an incident from last Saturday about 5 pm, when he observed what he called a "para-military operation." He observed a well known crack house with sentries on the corners and around the building with men in the front yard with walkie-talkies. His tenants and friends are afraid to be observed using their phones for fear of reprisals. These men brag that they monitor the police radio and know when the police are on their way. Mr. O'Reilly stated there are outrageous people on the streets in west Bremerton; there's one guy who has a $5,000 warrant out for his arrest. Mr. O'Reilly saw this man do a drug deal in broad daylight and then walk away. He stated when he called Sgt. Cox on Monday to report last Saturday's activities, he was told there aren't enough officers. Mr. O'Reilly stated he really likes the area and is committed to staying here, however, as a landlord and investor he considers the drug problem one of the primary concerns of himself and his tenants. He feels Bremerton has to be firm and do something about the problem. Mr. Dawkins reminded everyone of festivities tonight at the former invited Council to attend. the Blarney Castle Penney's building and Mr. Collins stated he received an invitation from Olympic College Multi-Cultural Center to attend a Latin Jazz five member band performance on Saturday at 7 p.m. Mr. Collins stated Bremerton is the fastest growing area in Washington State with a growth rate of 6%. The next highest is the north Seattle suburbs with 2%. Mr. Collins thanked Chief Curry and welcomed him to Bremerton. He stated on March 29 programming now seen on channel 29 will be seen on channel 12. Ms. Horton stated on Tuesday, March 30 at 6 p.m., there will be a neighborhood meeting from Ms. Horton's district on Emergency Preparedness. This will be held at BHS Career Center and everyone is welcome. This will be aired on TCI at a future date. Ms. Horton reported on a recent meeting of the NAACP. Their main concern is there is no representation on the Task Force of people of color. Ms. Horton suggested hiring a part time person to serve as an outreach liaison to the communities affected by the Drug & Gang Task Force, and asked Fiscal & Budget to look at how they might financially accomplish that. She suggested a professional services agreement to get the kind of expertise that is needed. Ms. Horton stated the NAACP is also concerned with the amount of training the task force and police force has pertaining to race relations, community relations, sensitivity training, etc. She stated Chief McNeal indicated the force could have more training, and Ms. Horton felt this is a short fall that TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 4 of 9 #0708 #0721 #0761 #1000 needs to be addressed. She stated the newspaper headline on the task force was negative, and felt she gained dialogue from the meeting. She feels they need a broader dialogue and that everyone's concerns are heard. Ms. Morton stated Mr. Phil Olwell, who was instrumental in the initiation of the Task Force, had an accident on Monday and conveyed her wishes for a speedy recovery. Mr. Waibel stated Saturday was a special day of St. Patrick's Day activities, especially the parade. Mr. Waibel stated last Monday was his daughter Millary's 8th birthday. Ms. Fitz attended a meeting last Thursday with Mr. Collins on the Bremerton-Gorst Connector road. The presentation was great with many visuals, and she felt everyone came away feeling good about the road that is proposed to come in on the Navy Yard highway and through the Callow/Cambrian area. Ms. Horton stated this was the same group of people that were very unhappy two years ago because they didn't have any say in the process. Some homes will be disrupted, but most people came away with the feeling it will be better for the neighborhood. Mayor Mentor, referring to military cutback and closures of military installations in the nation, stated the good news is that everything looks good for the Bremerton and Kitsap area. Mayor Mentor thanked Chief Curry and Commander Lilley, and expressed appreciation for the Navy's support of Bremerton and their help in the community. Mayor Mentor stated Saturday night Our Savior's Lutheran Church celebrated their 100th anniversary. Today Mayor Mentor greeted Harbor Masters and Port Managers of the Pacific Coast states when they met in Bremerton for their state meeting. Mayor Mentor discussed the St. Patrick's Day activities last weekend, with tonight culminating this year's activities with Reno Night, Irish food and entertainment, and a formal dinner at Blarney Castle. Mayor Mentor stated his appreciation of the support expressed earlier in the meeting of the law enforcement task force, and stated City officials are meeting with individuals in the community and staff to try and solve these problems. Mayor Mentor read a proclamation proclaiming March 25th as "Congressional Medal of Honor Recipient Recognition Day". Bob Sauter accepted the proclamation. Mr. Sauter extended an open invitation to everyone to attend a remembrance ceremony for all Medal of Honor Recipients on March 25 at 10:00 a.m. in Olympia on the Capital Campus. He stated the Allied Veterans Council of Kitsap County meets next Wednesday. They had previously voted to support the Veterans Against Drug Program. A committee will be formed to work with TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 5 of 9 #imgwe #1140 #1280 #1388 anyone with a drug problem. Ms. Fitz thanked Chief Curry and Commander Lilley for attending tonight's meeting. She stated it shows the concern and care of the Navy to allow their people to help in the community, and especially the work in the schools. Mr. Colvin also thanked Mrs. Lilley. PUBLIC RECOGNITION Bob Sauter stated Senate Bill 5397 which grants resident tuition to all active duty personnel and their dependents was passed unanimously in the Senate. He suggested calling the House hotline (1-800-562-6000) encouraging House passage of the bill. On Wednesday, March 24, the Kitsap Allied Veterans Council will hold their first meeting on reorganization. All veterans, active duty personnel and their spouses are invited. Don Larson stated he received a letter from Washington State Senator James West, 6th District. Senator West is one of the sponsors of the Underwater Parks Bill (SB5332). Senator West wrote to the White House asking if the President could help them save a submarine for an underwater park in Bremerton. Mr. Larson felt this is a positive move. He discussed the history of the formation of Mt. Rushmore and how the cost of establishing the monument has been recovered many times over from tourism, and feels the same thing can happen in Bremerton by creating an underwater park of national significance. Mr. Larson announced two underwater and shoreline cleanups: Dyes Inlet on April 23, 10:00 a.m. at the Silverdale Dock, and Sinclair Inlet on April 24 at the 1st Street Dock in Bremerton. Gordie Byrd stated last Saturday he had a table at the Farmers Market held in the former Penney's building and brought in $65.15 toward the "Byrd's Next". Mr. Byrd explained he is accepting donations for the shelter for the homeless. 6A - CONTRACT EXTENSION -- DIAMOND PARKING, #AB93-049 It is requested that the Contract with Diamond Parking for management and operations of City owned parking facilities be extended for one year, through March 31, 1994. Staff continues to review self-operation option and have concluded at this time that a one year extension provides greater flexibility than a 3 to 5 year re-bid. Staff has been pleased with service provided by Contractor and have developed a positive, productive, working relationship. M/S/C/U(Horton/Neville) motion to approve the contract with Diamond Parking for management and operation of City owned parking facilities to be extended for the year ending March i TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 6 of 9 #1480 31, 1994. 6B - LEASE AGREEMENT WITH KLDY, INC. (FORMER KBRO TOWER SITE - - EAST SIDE OF FOREST RIDGE PARK), ~AB93-050 The City has leased for many years leased to KBRO a tower site on property located on the east side of Forest Ridge Park. KBRO was recently purchased by KLDY, Inc. The lease with KLDY, Inc. is for a 5 year period and tied to annual CPI increases. Mr. Waibel discussed concerns of his constituents with the safety of the site due to a number of increased FCC regulations during the last two years. Mr. Waibel stated in the past, many towers have contained hazardous materials such as PCBs, which have had to be removed. Also there is some magnetic radiation that occurs in some towers that are not correctly maintained. He understood that while the site may have been maintained, the tower may not have been maintained up to current standards. Since it is park land, he felt the City should include requirements that the tower be brought up to safety standards in a timely manner and they obtain an engineering report which is required by the FCC. Ms. McCluskey stated they looked into that and felt the language in the contract under technical standards gives the City that authority. The City has the right to approve type and quality of the antenna and antenna equipment. The lessee is required to provide the City with a copy of their license. Additionally, the Electronics' Department will evaluate the tower, and if they believe an engineering certificate is necessary, the City will require the lessee to provide one. They cannot start operations until approval of the lease and the City receives a copy of their FCC license, and the lessee has met all of the FCC rules and regulations as well. The lease contains the standard insurance clause with additional insured for property and personal liability. Mr. Waibel stated his concern beyond the technical standards in item 5, is there may be equipment on the site that may actually be dangerous and there is no requirement in the lease that the tower be brought up to standard in a timely manner. Mr. Colvin asked the City Attorney, if in the event the standards increase, which paragraph in the lease covers compliance? Ms. Mills stated in paragraph 5 after a and b, rules and regulations by the FCC are covered. Ms. Mills stated this satisfies the concerns addressed by Mr. Waibel. Mr. Waibel stated that language covers operation, but there is nothing that covers the equipment which may be dangerous while static and not in operation, and there may be some hazardous materials present due to the way the tower was built. This TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 7 of 9 #1911 #1977 lease contains no requirement that those hazardous materials be removed and the tower be brought up to current standards in a timely manner. Mr. Waibel also noted the standard section on termination is not included in the lease. Ms. Mills suggested a preliminary sentence in the paragraph following b under section 5 to read "All equipment on the site shall comply with all federal and state construction and environmental safety standards; the City at it's option may require proof of compliance." She stated the standard section on termination for non-compliance will also be added. M/S/C/U(Collins/Colvin) to approve lease with KLDY, Inc. with a preliminary sentence added in section 5 to read as stated by Ms. Mills, and the inclusion of the standard termination clause. 6C - EXTENSION OF LEASE (5217 1ST STREET) FOR FLEET MAINTENANCE OPERATIONS, #AB93-051 The City has leased a 5000 square foot facility from Fox Brothers Warehouse since 1990 to house Fleet Maintenance Operations. This amendment is to extend the lease for an additional year pending construction of the new Public Works Complex. The amendment also increases the lease amount by 3% over the 1992 lease. M/S/C/U(Horton/Neville) to approve lease extension for one year at the rate of $1,964.36 per month. 7A - ORDINANCE NO. 4406 (SECOND READING) TO AMENDTHE OFFICIAL ZONING MAP FROM "GB" TO "MF" FOR PROPERTY AT CALLa_MAN AND CLARE,.SITE OF ST. PAUL'8 EPISCOPAL RETIREMENT HOME PROJECT, #AB93-046 M/S/C/U(Waibel/Collins) motion to pass Ordinance No. 4406 on second reading. 7B - ORDINANCE NO. 4407 (SECOND READING) AMENDING THE 1993 BUDGET, ORDINANCE NO. 4398 AND ORDINANCE NO. 4401 (CREATING PUBLIC WORKS DIRECTOR POSITION AND A PROJECT MANAGER POSITION), #AB93-047 Cecil McConnell expressed concern with the way this ordinance was presented. He stated it is two separate ordinances under the title of one and he feels this is a violation of the charter in which it states no ordinance shall contain more than one subject. He stated it appears this ordinance contains at least two subjects and possibly more. Mr. McConnell discussed the apparent elimination of the Superintendent of Water position while the charter clearly TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 8 of 9 #2035 states the Mayor shall make an appointment to that position, and he feels this ordinance is not in compliance with the City charter. Mr. McConnell stated while he agrees with professional management, to violate the charter is non- professional. He requested Council send this back to be split into two ordinances. Mayor Mentor stated the City has not in recent history had a Water Superintendent. There has been a Utilities Director and Water Operations Manager. The City will continue to have a Water Operations Manager and will add a Public Works Director. Ms. Fitz asked Ms. Mills if the City is out of compliance. Ms. Mills stated she would need to review the charter, but it appears this is no different than what has been done in the past. Mr. Overson inquired about the assertion of two ordinances in one. Ms. Mills stated that appears to be appropriate and it has been approved by the City Attorney who reviewed the ordinance. Mr. Waibel stated they often amend many ordinances with one ordinance when the topics of those ordinances have similar topics. Here they are discussing changing the management structure and resulting compensation and they are tied together. They don't need one ordinance to amend the budget and another for the management structure. Mr. Colvin asked if there is anything in this procedure that is inappropriate or not legal? Ms. Mills stated there is nothing inappropriate. Mr. Waibel stated federal government and the city charter does not allow for hiding one topic under another, but there can be multiple topics in one ordinance. The City is not hiding any topic; the topics in this ordinance are inter-related. Mr. Collins discussed Exhibit C-2 and felt the hardline and dotted line do not reflect what was requested at the time of first reading and approval. Rich Hanna, City Treasurer, clarified the way Exhibit C-2 (organizational chart) was drawn and its resulting organization. He stated they listened very carefully to the tapes from the previous meeting and he feels they followed the letter of the motion. M/S/C(Waibel/Collins) to pass Ordinance No. 4407 on second reading. Motion carried as follows: i TAPE #1095 City Council Mtg. Minutes March 17, 1993 Page 9 of 9 Affirmative: Neville, Waibel, Fitz, Collins, Dawkins, Colvin Opposed: Overson, Horton With no further business meeting adjourned at 7:00 p.m. ~TH~EN~L.M~c Y City Clerk LUSKE , City of Bremerton KLM/EF/eh cc: Normal Distribution File/Vault