HomeMy WebLinkAbout07/02/90TAPE #746
U.APPROVED DRAFT JUt, 1 090
CITY COUNCIL MEETING MINUTES
#0052
#oaBe
JULY 2, 1990
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 July 2, 1990
at 5:30 p.m., with Council President Lynn Horton presiding.
Council members present were: Lon Overson, Wayne Estes,
Spencer Horning, Hank Waibel, A1 Colvin. Councilmen Morrie
Dawkins, Russ Johnson and C. R. "Tiny" Collins were absent.
Also present were City Attorney Kelley Ian Sievers and Deputy
City Clerk Gil Johnson
The meeting opened with the Pledge of Allegiance led by
Council President Horton Invocation was given by Councilman A1
Colvin.
President Horton announced that the Heeter Rezone Public
Hearing that was scheduled for this meeting has been moved to
August 22, 1990.
CONSENT_ AGENDA
A. Minutes Of Meeting - June 13, 1990, #AB90-165
B. Bid Award Recommendation - Three Dump Truck Chassis
Awarded to Pacific Coast Truck Center In The Amount
Of $137,949.50, #AB90-166
Bid Award Recommendation - Twin Lakes Production Well,
Awarded to Charon Drilling In The Amount Of $49,561.05
#AB90-167
D. Bid Award Recommendation - Werner Road Transmission Main
Project - Awarded to RT&T Construction In The Amount Of
$368,331.04, #AB90-168
M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as
presented.
~LA~S~W_A~,~__AN~_REGI ST~RS
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 which has been made available to the
council.
M/S/C/U(Colvin/Overson) on July 2, 1990 the Council does
approve for payment those vouchers included and further
described as follows: 112249, 112250, 112251, 112252, 112256
through 112436 in the total amount of $198,013.27.
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 2 of 13
COUNCIL MEMBER REPORTS
Mr. Johnson cautioned everyone to please be careful over the
4th of July and those who have pets to please take care of
them during this noise time. Last week Council had a Study
Session following the Council meeting, which ran rather late,
and he apologized to the Mayor for his being a little grouchy
due to the late hour. He hoped the public was not surprised
when the Council, Mayor or staff had some disagreements during
discussion of items - Study Sessions are times for discussing
and sorting out issues openly and he would prefer having
occasionally having a tiff in public than to do everything
non-public. In recognition of recycling efforts, Mr. Johnson
recognized employees at KCAP for their getting involved in a
agency-wide recycling effort - HATS OFF TO KCAP!
Mr. Colvi~ stated he had a talk with one of the City's
attorney on "lobbying a Council member" and he announced he
had been lobbied and will declare that contact during the
discussion on that item.
M[- .o~_.e~9~ stated he rode the Port Orchard ferry this weekend
and enjoyed Fathoms 'O' Fun activities. He noted he is
looking forward to the time when Bremerton can have its event
of that caliber.
M~..~ reported there should be air conditioning within two
weeks in the Council Chambers and Council office area. And,
he noted that there is always news about businesses that move
out of town or shuts down and he wanted the community to hear
about an expanding business in Bremerton; and he introduced
Joe Stark. Joe Star~, president of St. Vincent DePaul, gave
a brief description of the growth of this organization over
the past few years. Currently they have 37 paid employees
and many volunteers, who serve over 20,000 clients in the
areas of clothing, food, utilities, medical needs and shelter
at a cost of over $265,000. Their clients consist of the
elderly, limited income, young and limited people on low
income. He emphasized no one is turned away from St. Vincent
DePaul - they help everyone. Besides their store, they own
two private homes designated as transitional homes and they
also have a single men's quarters, which is normally full.
While people utilize these buildings they are feed and clothed
as well. Recently the organization purchased the old Johnson
Lumber Company because they needed a larger space and more
parking spaces. They intend to modernize the building to meet
the City's codes but there are certain things that are more
difficult in old buildings and hoped the City would be
somewhat flexible for the time being. He noted the Building
Inspector had been coming down rather severe, however, they
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 3 of 17
have had excellent working relations with the Fire Chief.
During the many years Johnson's operated a lumber company on
this site they did not have any problems, however, since they
have taken possession of the site they have had nothing but
problems with the building people and since they moved in they
have received several complaints against them. Lastly, he
emphasized the fact they feed and cloth people every day of
every year, not just during Thanksgiving and Christmas. They
are an organization that is out to help the community and
request the City's cooperation to the fullest. Ken Smoot,
Store Manager, stated a lot is done for people in the
community through this organization and looked to helping even
more in the future. Mr. Estes also extended his apology to
Mayor Mentor for the treatment he received last week during
the Council Study Session and in the event there are
differences of opinion he hoped to find a better way of
handling them.
Mr. Waibel pointed out that the City of Bremerton does have a
noteworthy festival - an Armed Forces Pageant and Armed Forces
Parade were held in May and far out did Fathom's 'O' Fun.
Having artended all the Armed Forces events, he was very
impressed with those activities.
Mrs. Horton reported she received a call from a staff person
from the City of Everett, who expressed concern over the new
make up of the new Puget Sound Council Of Governments (PSCOG).
She received another call from him today after he had attended
a meeting where they handed out a new tentative make up of the
new PSCOG. The make up is proposed as follows: King County
(15) Representatives (5-Seattle, 5-King, 5-other cities in
the County); Pierce County -5 (2-County, 2-other cities in
County, 1-Tacoma); Snohomish County -4 (2-County, 2 - other
cities in County); Kitsap County - 2 (1-County, 1-other cities
in County). The City of Everett is going to try and get added
as the largest city in Snohomish County and suggested that
Bremerton try to do the same...making Snohomish County up to
5 and it would bring Kitsap County's total up to 3. If all
the other Counties join forces, Kitsap County would still be
out voted. She emphasized the need to do something to make
sure Bremerton is not lost in this shuffle. Right now the
City of Bellevue is talking about withdrawing from PSCOG and
the City of Everett is also thinking along those lines. She
did not want to see King County running the whole Puget Sound
area.
~yor Lgu!s. Men~o~ reported he artended the fund raising event
for the "Bird's Nest" on June 30, which was well artended and
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 4 of 9
brought together lots of people form different areas, included
Kitsap County elected officials. He did not know what funds
were raised but he anticipated it would be several thousand
dollars, giving a real boost for the home for the homeless.
_.A~.._~y~_~, 1122 Hayward, expressed concern over recent
Council actions toward Mayor Mentor during a Council Study
Session. He cited several instances where Council members
publicly pledged their cooperation to Mayor Mentor and from
recent past actions did just the opposite. He noted the Mayor
is not beyond making mistakes and he did not believe Council
must always agree with the Mayor nor will the Mayor always
agree with the Council, but common decency dictates that each
should be allowed to present their thoughts in a civilized
manner.
DeN __.Kn~, 139 Olympic Avenue, expressed concern over
President Horton, Councilmen Lon Overson, Spencer Horning and
Russ Johnson actions toward Mayor Mentor during a recent
Council Study Session. He felt it was unethical for a Council
member to lobby a private citizen about something that was not
public yet. Also, he noted President Horton contradicted
herself when she stated the Mayor was not following the design
concept approved by the Council in March. At the March
meeting President Horton asked the Mayor to direct Portico
Group to offer the council several options, not just one plan.
He demanded President Horton apologize to Mayor Mentor and
fellow Council members and the public for actions taken during
that Study Session.
Robert Schneidler, Kiwanis Club Of Bremerton, announced the
Kiwanis Club's 14th Annual Air Show will take place on Sunday,
July 8.
~a__m_...~.,. writer for the Whitman & Dancers, announced the
Whitman Dancers will be putting on a production on July 27, 28
and 29 in the purple space on 4th Street. She invited
everyone to join them for a multi-media event, Tickets $12.00
general admission, $8.00 for students/senior citizens. She
noted their performers are mostly from the Kitsap County Area;
and their group also will be involved in bringing a Soviet
performance troop to Kitsap County. M[- ~s__t.e~ requested a
description of the seating arrangement for the performance.
M__s.._~n~ explained it will be set up as a "theater in the
round" and will bring the performers near to the audience.
~_T___ADMI__I~_~__TH~T~R CONTRACT, #AB90~_~
On June 27, 1990, the Admiral Theater Foundation met with the
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 5 of 1A
City Council at a Study Session to discuss the Theater
contract. This Agenda Item reflects the changes discussed at
that meeting. Those changes are as follows:
- Major maintenance clause removed.
- City staff support for fund raising removed.
- Length of contract changed as discussed.
Mr. Horning stated on materials handed out on this item he had
been listed as a supporter of the Admiral Theater and he did
not see how this represents a conflict of interest but he
asked the City Attorney to give an opinion on this issue. Ian
Sievers, City Attorney, stated that would not be a conflict of
interest.
~O~.ISchneidler stated he is President of KPS, a member of the
Executive Committee of the Admiral Theater Foundation, and
was appointed Chairman of an ad hoc committee to negotiate
some specifications for an operating agreement between the
Admiral Theater Foundation and the City of Bremerton. Their
objective is to have Bremerton's Admiral Theater, a community
owned non-profit center for the performing and cinema arts,
created and their participation in that process. Their goal
is to provide the citizens of Bremerton with a great variety
of cultural activities and to enhance the education,
information and cultural advancement of the community. To
that end, they presented to City Council proposed
specifications for an operating agreement, one that would last
for a term of 10 years, with the Foundation going to the
community to obtain donated funds to renovate the facility,
make it operational and operate the facility for the purpose
of cinema and performing arts during that 10-year period.
Public input requested - none received.
M~.JOhn~on questioned several items: (1) under Renovations
about Council's pre-approving structural renovations - he
requested clarification; (2) during discussions of the 5-year
period deadline for completion of building renovation and
operational - he felt there was not much in the scope that
tells him what is to be renovated and operational and he felt
something measurable needed to be added. M~. ~hne~d~.e~ stated
there were two requests made by the City in previous
discussions, one of them having to do with the definition of
"operational", the other being renovations to exceed at least
3/4 million dollars. The Foundation had a problem with the
3/4 million dollars renovation issue because it may be
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 6 of 15
possible to renovate the entire facility to the specifications
and expectations of the entire community for less than
million dollars. As far as "operational" date, five years
seems to have been attached to the process because of some
wording in the trust arrangement of delivering the facility to
the City. If the City wants to put a time limit on
"operational", they would be willing to define "operational"
as available for use or available for contracted use by any
performing entity. ~,~,~9,hn~n stated he would like to have
something more measurable stated in the scope. ~.s__c_~n~[
stated when talking about something measurable there are a lot
of extenuating circumstances that could impact that whole
process, such as something happening to prevent them from even
entering the facility for a couple years or an act of God -
that could set everyone back. Their expectation, given
everything else being equal, they will have the theater
renovated in five years and it will be available for
contracted use. Ian Sievers, City Attorney, stated both of
the original terms were to quantify or make definite the
considerations the City would be getting back, either in terms
of real improvements to the building that the City would get
at the end of the term of the lease, similar to the Bremerton
Community Theater where a piece of raw land was leased and the
building was provided through grant funding; or a certain
level of operation, which they are performing to this standard
of putting on events. Mr. Schneidler's position seemed to be
that it would be difficult to know if their efforts would pay
off once the building is ready. The level of improvements to
the building was also dropped as somewhat indefinite, but
maybe what the City really intends is that at the end of five
years they have an operational building - meaning there would
be something available for immediate bookings by visual or
performing arts events. ~E..~Ohn~On stated his position was
that he wanted to prevent a problem later on. An other
concern with the scope was that the City is saying the
Foundation cannot do any subletting and it is his
understanding that the City does desire that the Foundation
rent out the retail spaces around the Admiral Theater. He did
not support allowing the Foundation to sublet theater
operations. He also had a thought about adding sales tax on
the things they would pay. Also, under reviewing changes to
this agreement by mutual consent, he believed those should
come back to City Council. Finally, to determine the contract
- Mr. Johnson stated he would feel very uncomfortable going
beyond 10 years. He did want to give strong support to the
Foundation for long term support from the City. He passed out
to Council members a drafted Resolution which does that and
hoped to bring it before Council for a formal vote at a later
time.
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 7 of
Mr. Estes stated he has supported this proposal from the
beginning, but he also wants to look out for the public's
interest. He noted he believed there were a lot of hidden
costs buried in the building and before proceeding he
suggested getting some of the City's engineers and local
builders to make a review and come up with a cost estimate.
This review would provide a report on what damage exists and
what needs to be done to repair it immediately. If this is
done, he will get behind this proposal and support it all the
way. He volunteered to go in and clean up one of the retail
spaces fronting Pacific Avenue.
Mr. Overso~ questioned doesn't the City own the building and
isn't it in the best interest of the public to maintain the
building in good condition - the better condition it is in the
more value it is to the public. Mr. Sievers stated yes. Mr.
Overson noted one thing that was discussed previously was
identifying who would be responsible for the marque and he
questioned if something had been included addressing this
item? ~~_e._~e~ stated the marque is one of the major
maintenance items, as he understood it, was to be the
responsibility of the City for maintenance. ~..~ Overs~n
stated the wording "the City shall be responsible for
structural integrity of the building and for the marque" need
to be in the agreement because the City is the owner of the
building.
Mr. wa~Ibe~ did not recall the discussion as outlined by Mr.
Overson. He stated Mr. Overson's comments on the face value
appear accurate, however there is nothing to say the City
can't delegate that responsibility by contract. And, if in
fact that responsibility is not upheld, it would be in
violation of the contract and the City would be still
maintaining their responsibility toward the building. It was
agreed last week that the City would not take on major
maintenance and renovation and in fact agreed to eliminate
that particular paragraph from the specifications. And, Mr.
Waibel emphasized that a facility study of the condition of
the building should have been done prior to its ever being
purchased by the City. The things that are being done now
should have been done during the 30-day period before the City
signed the purchase agreement. Previously, the City was told
if they purchased the building the Foundation would take it
from there. There were questions raised during the early
discussions with the Foundation. And, he knows for a fact
that the building did not have heating during the last
performances of the theater, because the entire boiler system
could not be operated. He questioned Ms. Peggy Lessor, City
Risk Manager, if that is still the case and where the City is
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 8 of ~
in terms of turning this over to the Foundation with that
particular problem? ~egg~ Lessor, Risk Manager, stated there
is a problem with the boiler. Several months ago in an effort
to place coverage on the facility the City's boiler and
machinery insurer sent a loss control representative through
it and the Certificate Of Operation had been suspended.
Extensive repairs need to be made, which have not been done.
The Foundation has asked to be allowed to operate the boiler,
however, she declined to provide that authorization due to the
liability it places on the City in the event something going
wrong. At this point, the hold up is how will the repairs
that need to be made be funded. Mr. Waibel emphasized the
items listed on the cover sheet of the Agenda Bill were to be
removed from any agreement and he urged Council to keep them
out...the City does not need to get into maintaining by
putting on a new roof, putting in a boiler and air
conditioning when the City was assured, when they bought the
building, they would not have to do this. M~_.~v~rs stated
he did not see how the City could enter into a contract with
an operator expecting them to fulfill certain obligations and
having this thing up and operable if the City knows these
major things need to be done before the Foundation could fill
their obligation; and that they needed to be addressed in the
contract some how. ._Mr..~.W~b~. stated they need to be done
within five years before it is operational.
stated then there should be an out allowed the other party if
these are not accomplished. M[t__~e! stated if they were
not, then they would be in violation of the contract if the
City requires them to take on that responsibility.
_l!r_~_QFerSg~ questioned why hadn't the Mayor proceeded in
getting a review of the building condition so decisions could
be made in an intelligent manner? ~___wajb~ stated normally
one finds out about these types of things before a building is
purchased.
~!_~. C__~o~y~ stated one of his concerns was over the statement
the Foundation could not sublet the theater and questioned
what does it really mean? M~. s ie~e~S. stated since this isn't
a lease to sublet, it is the wrong term and it would probably
be an assignment of agreement for operation, i.e., city leases
would be negotiated and arranged and signed off by the City at
least on the commercial apron spaces. P~eS!dent Hor~on stated
it related more to the operation rather than subleasing of
those spaces. M._r.. ~hnei__d~[ stated the specifications
presented to the City Council at the Study Session and as had
been modified and placed in the Agenda Packet do not include
the terms of subletting. The Foundation never anticipated
that they would not be allowed to sublet commercial space.
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 9 of ~
There is language included which prevents the foundation from
being able to assign their operating agreement to another
entity and they think that is very appropriate. With regard to
cost analysis, perhaps a discussion about costs may have been
more appropriate to the purchase of the building, however, it
is owned by the City and in normal lessee/lessor agreement it
states who will be responsible for what. He believed it was
their position that it was not appropriate at this time to
take into consideration what the potential expenses may be for
a roof...what is being talked about is who is responsible for
each one of those items. And, he continued to believe that in
a normal lessee/lessor relationship responsibilities for major
maintenance items of a building should remain with the owner
of the building. Their interest, of course, is that if the
Foundation goes out and generates one million dollars for
renovations of that building, they want to make sure that the
roof doesn't leak all over and destroy those renovations.
Once a million dollars is put into the building and it is
worth i 1/4-1/2 million that it stays being worth that amount.
As far as operating the gas boiler, he pointed out what they
asked for was the opportunity to encapsulate the small amount
of asbestos that was in there and rebrick the interior,
getting it operating so that heat could be generated for the
building, instead of using the heat pumps. And, they did that
all on a voluntary basis.
Mr. ESter requested Council President to request the Mayor to
get the engineers to conduct a survey of the building,
establishing the condition; and he agreed with Mr. Schneidler
that five years from now if something is wrong the City takes
care of it, but initially he would like to know what the City
is getting into. He personally saw a leak in the northwest
corner of the building and is concerned as to what it will
cost to bring in up to a usable condition.
Mr. O~erSon stated Council needs to recognize the Foundation
~ the only organization in the City trying to obtain use of
this building and he hoped they would be treated kindly in
coming together over this agreement. He felt it was one of
the best programs he has seen put together for the future of
the City. He agreed there are risks and a long term venture,
and he is not proposing the City say they will rebuild the
room, boiler, etc., but that the City will be responsible in
the manner they will work with the Foundation to try and
support the development of the Foundations interest along with
their use of this structure. He urged his fellow Council
members to be proactive on this issue.
questioned if he was not correct in understanding
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 10 of 17
that the Foundation had someone look at the building and
assessed the major components? Mr. Schneidler stated it was
not a professional survey that he referred to and his comments
relating to the rebricking of the boiler came from discussions
with the insurance people who made the inspection. They have
also inspected the roof, inspected some of the sources of the
primary leaks, which had to do with the heat pump system going
through the roof and they did some voluntary work to close off
those leaks to prevent continued moisturization of the
facility. M_r_~ Horning questioned if the Foundation would be
willing to make some calls to local people who might have
expertise in boiler works, roofing, etc.. and he requested
Council President contact Mayor Mentor requesting an
inspection by City Engineer, Building Official and Foundation
representatives to make a joint walk through and give the
Council some sort of presentation of what they find?
~ghne~.~e~ stated this could be done and they are prepared to
do it. He noted they pleaded to get into the building to
close off the leaks and to do whatever needed to get some heat
in the building. The City has owned the building for six
months and none of this has been done - they think this is
unfortunate. They do not want another six months go by in the
process of trying to decide when something will be spent on
what critical area. They want to gear up and go to the
community with a fund raising drive and say that the
Foundation has a firm agreement with the City to allow them to
do something in a partnership relationship. And, they will
work out the timing of necessities having to do with the
maintenance of the facility as those things take place. He
feels they are mutually exclusive items and whether there is
an operating agreement or not certainly the City should know
how much it will cost to put on a new roof and when it will
have to be put on. M~._~..._.~O~rn~ng urged President Morton to have
the Mayor get together with Mr. Schneidler and Mr. Parker to
set up this inspection. He realizes that not everything can
be identified outright and felt there would be much benefit to
the City from having activities taking place at the theater.
Mr. Collins stated he had a great deal of difficulty with the
specifications - it is not a contract. On the matter of the
roof repair and boiler repair, he felt the City Attorney had
the appropriate words to allow the City to do what is known to
be needed and wanted a contract drafted. And, he suggested
maybe enacting the proposed Resolution Mr. Johnson had
provided to the Council members for their review in which it
lends long term support to the Admiral Theater Foundation.
Mr. Schnei~r pointed out the title on the proposal they
submitted is Operation Agreement Specifications and they did
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 11 of lg
not propose it to be an actual contract. What they were
trying to do was to identify the specifications to allow the
City Attorney to write it up in contract language.
President_~or_t~n made a statement of clarification on what
direction Council had taken during the Study Session on this
issue: under major maintenance issue they had talked about an
Admissions Tax fund set up and administered through the City
for those type of things that come up. The question came up
what if we need those repairs ahead of time? Two options were
discussed: (1) implement an inner-City loan to pay for those
items; or (2) take out a loan against the building; and under
both of those scenarios the City would be paid back once the
Foundation has the theater up and running and reimbursement
made out of the admission tax. Some how discussion has gotten
away from that point. She hoped that progress could be made
in getting a contract agreement.
#2509
M/S/C/U(Overson/Dawkins) that the City Council approve the
Specifications For Contract Agreement between the City of
Bremerton and Admiral Theater Foundations, those
specifications contained in the Agenda Bill, with follow on
that the City Attorney interpret Council comments based on
this discussion and bring back to Council in two weeks (July
18).
M_r_r~...~ghn~on stated there were a lot of things brought up
during this discussion that were not included in the written
specification, such as the definition of operational
subcontracting issue; and questioned if it was the intent to
have the City Attorney write up the contract based on
specifications and comments made by Council members? M~.-
overson stated that was the intent of his motion. M~.aohnSon
reqUeSted the following comments be put on record: (1) when
Council talked about the City being responsible to take care
of these things that does not mean "immediately responsible" -
we would do it as fast as we can and as fast as capable.
Assuming the roof is leading and the City is short on funding
that temporary measures would be taken to handle the problem;
(2) if there is some type of major disaster, such as the
building burns down, etc., at that point the City may not be
committed to the Admiral Theater but would be committed to the
Admiral Theater Foundation at that point in time setting down
and discussing with them rebuild - remove, etc.
Mr. Waibel stated for clarification the motion was for the
Ci~'y'Xtt~ey to interpret some of their comments and he offer
to help in that interpretation. What he remembers from logic
if in fact Council agreed last week that they would attempt to
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 12 of 17
provide a loan to an agency, which was actually responsible
for the maintenance itself and renovations themselves, that
seems to mean that the City is intending for the Foundation to
be responsible for these things. And, the City will do what
they can within their fiscal responsibility to loan or create
an Admission Tax Fund. He emphasized that from those
discussions it is clear that the intent was not to take on any
responsibility for that particular shell then agreed to in
December 1989. Mr. Sievers questioned at what point would the
City take out municipal finances? President Horton stated she
was not sure the City may not want to do that - it is in the
purview of the City and there may be some agency the City has
a contact with which could be piggy- backed to provide for
those repairs. She did not want to preclude the City from
doing that portion if in the long run it is a financial
benefit to the City and the Foundation. M_r_._~._Waibel stated if
the City did undertake such activity, there would be very
strict accounting for the labor costs incurred by the City and
they would be reimbursed by the Foundation. M~.,..Sievers
stated in order for the Foundation to get moving they will
need a commitment from the City. If the City told the
Foundation to start operating this facility next month and
knew the City was responsible for doing these items but had
not plan to get them done before operation start date, then it
would be an illusionary contract - how would the City expect
the Foundation to perform; and although the five years sounds
like a long time the principles are the same. Someone needs
to account for a process and mechanism for getting the major
items done that both the City and Foundation are aware of and
he questioned what he should do to put that in the contract?
~[.~.....~_Ohn~on stated he thought that was what the fund raising
effort was all about - raising funds for renovation of the
building. M~.. Wa_i_~e~ stated the Foundation is responsible for
them, according to the agreement made during previous
discussions and as Mr. Johnson pointed out the Foundation did
agree to a fund raiser of one million dollars and hopefully
within that five year period it should cover the costs for
items being discussed. M__r~ ._.S~hn~d~_r restated the
Foundations's position that they believe it is the
responsibility of the City to maintain the major maintenance
items of the facility. The Foundation will take on a fund
raising effort of one million dollars (or $650,000) or
whatever is necessary to renovate the facility. But, they
emphasized that the owner of the facility, the City of
Bremerton, should maintain the roof, preventing the roof from
leaking and how that is funded, possibly from Admission Tax,
which is a use tax on the people who use the facility, must be
determined and they are certainly willing to support that
activity.
TAPE #746
City Council Reg. Mtg. Minutes
July 2, 1990
Page 13 of 17
Mr. Johnson stressed that the City has only talked about the
utilization of Admission Tax funds, not any other funds. M~
Schneidler stated under the Revenue Section of the proposal it
states Admission and other related taxes - those taxes
relating to the operation of the theater, not commercial
space, not utility taxes, not sales taxes...just taxes that
the City may or may not collect relative to direct operation
of the facilities. ~e~id~n~ Mo__r_tg~ stated for clarification
her understanding the City's position is that the City will
charge Admission Tax to go into a fund to pay for those major
maintenance items. If there are no funds, then the City can
take out a loan either through the City or against the
building. Now, there is nothing to say the City can not get
an assessment of those needs for a 5-10-15 year period,
figuring out how many dollars will be needed, how many people
will be coming through the doors at a given period of time and
then divide that number into the number of dollars that are
available and then add on Admission Tax; and explain the
reason for this is that there are major maintenance to take
care of and the users will pay for that major maintenance.
M__r._.ao~,n~gn stated if this is the position the City is taking
then it should be stated Admission Tax and User Fee. During
first discussion on the theater the City was asked to spend
$75,000 and in small print noted that the issue of major
maintenance items will be discussed later. The other
agreements from other cities for similar type operations do
not give the foundations as much as the City is offering this
Foundation. Mr. Schneidler stated he believes it takes
different forms - looking at what other cities do in some
instances they provide operating funds in the S100,000/per
year category. What is being requested is a mutual agreement
where the City owns the building and maintains it, the
Foundation will renovate it and operate it and hopefully the
revenues that are realized from the commercial spaces will
allow them to operate the theater in an at least break even
method. ~[.~__.JOhnSon pointed out if the Foundation finds it
needs some assistance they can come to the City during the
budget process and request assistance. p~esi~ .... Ho__r~_O~
questioned if progress could be made in developing an
agreement by clearly stating in the contract the major
maintenance costs will be born by Admission Taxes and User
Fees against the building and an assessment of those costs are
and charge appropriately. M~.~_ev~rs that is true, except
the first dollars generated from these fees will not be
forthcoming until these major items are accomplished.
TAPE #747 ~[~.~,.HO_r_~n questioned if the City's intent is clearly covered
using the that verbiage. M[? ~i_e~e~ stated he was still a
little uncertain as to timing of the City's commitment to
getting the work done. Is it left to the City's budget
TAPE #747
City Council Reg. Mtg. Minutes]
July 2, 1990
Page 14 of 15
process - the City will do those things as required and as
funding is appropriated by City Council - he felt this left
the Foundation in a somewhat uncertain position.
Horton stated if the City states they will take on that
responsibility but someone has to do the initial ball rolling,
then if the City makes sure by doing that, the City will be
paid back through those funds when they are up and running.
Mr. Waibel stated in defense of the Foundation, he pointed out
that by including the wording "User Fee" the City is in fact
setting the Foundation's budget. The City is forcing them to
set aside some of their income for that purpose. He did not
feel the Foundation would like having that restriction placed
on them. M~_ghn~.~e~ stated they are certainly not excited
about the whole process. They believe this is a viable
solution to the problem as users use the facility they will
contribute toward that use and part of that use they will be
contributing to is the overhead of maintaining the facility in
an occupiable condition.
~___~.~aW~n~ cautioned Council that if this debated much longer
the Foundation may not want to move ahead on this project. He
emphasized that the Foundation is made up of one of them
respected group of people the City of Bremerton will ever get
together on this and he urged Council to move forward on this
proposal.
Mr._ H~n~ng stated he believes Mr. Schneidler and the
Foundation Negotiating team has said the same thing as his
fellow Council members have said - that the City may be
technically responsible for these major maintenance items but
they are going to pay for them and the method of payment will
be through a User Tax or Admissions Tax.
Mr. Estes stressed doing this right - to get an assessment of
the building and within the next two weeks he hoped to see a
written assessment on what needs to be done to the building.
Motion passed unanimously.
7_A_Tg~D__I~N_AI~_~.~[~RS~T~R.~.INg.)__~AD,.OPTING _M/~ATORy~...UTOMO~.ILE
INSURANCE,~ ~B90i~
The State Legislature has enacted RCW 46.30 requiring those
who operate a motor vehicle to maintain liability insurance.
This civil infraction should be added to the Municipal Code to
allow local prosecution.
Public comment invited - none received.
TAPE #747
City Council Reg. Mtg. Minutes]
July 2, 1990
Page 15 of 17
Mr. Morning questioned when this is adopted will the City
receive a fraction of the penalties paid? ~_~!~r__s, City
Attorney, stated the City would get their percentage if they
prosecute. Right now they are writing this offense under
State Law with prosecution through District Court. Mr,
Hornin~ questioned what impact this would have on the
Municipal Court budget? M~.~.~e~e[~ stated there would be no
impact as far as expenditures but there would be a revenue
income affect.
Mr. Collins stated it was his understanding that if the
Legislature passed this particular act they did not include it
in the Model Traffic Code, therefore, it was not included in
the City's Traffic Code because it was not part of the State
code, which the City adopted. M~ _s_!~.~ stated that
explanation was correct.
Mr. Colvin questioned what impact this would have on the
current Court workload? Mr. Sievers stated a survey would
have to be taken of the number of citations processed through
District Court to come up with a figure. ~ Waibel stated
hopefully the impact on workload would be offset by revenues.
#0751
M/S/C/U(Johnson/Colvin) to approve Ordinance, on first
reading, amending Title 10 of the City of Bremerton Municipal
Code, to provide for mandatory automobile insurance.
7B - ORDINANCE (FIRST READING) AMENDING PENALTIES FOR
MARIJUANAPOSSESSION, #AB90-170
The State Legislature has preempted the field of drug
enforcement. State pre-emption voids any other law on the
same subject which conflicts or is inconsistent with State
Law. The current ordinance cannot be cited.
Ian Sieve~S., City Attorney, requested this item be continued
one week for further review and possible re-write.
Mr. Johnson pointed out that the public should have the
opportunity to speak on this item when it comes before Council
on July 11.
#0927
M/S/C/U(Waibel/Colvin) to continue this item for one week.
7C_-_R__E_~Q~_UTION #2303x ECONOMIC DEVELOPMENT GRANTAPPL~TION,.
#AB90-172
The City of Bremerton has been invited by the Economic
Development Administration to apply for $892,883 to construct
the downtown waterfront project as previously approved from
First Street out to the USS Turner Joy, a gift shop, and
TAPE #747
City Council Reg. Mtg. Minutes]
July 2, 1990
Page 16 of
parking accommodations. For completion, the grant application
requires passage of this Resolution.
Connie Devaney, Grants Procurement Officer, stated as she
understands this the process should be the last application
needed to be submitted. It will go to Regional for a period
of about three months and will then be passed on to Washington
D.C., for final decision on funding, which can take a minimum
of three months or possibly longer. She pointed out this
proposal shows an increase from what was initially requested,
which reflects a couple of issues: (1) budget estimates have
gotten better further along in the process; (2) desire on her
part to leverage the maximum amount of dollars possible from
the Federal Government.
Public Comment invited - none received.
Mr. Johnson stated he had a minor problem with paragraph 4
because he was not sure of what the scope of work really is;
and there is a statement that Council approved the site plan
prior to construction - somewhere the Council needs to be in
that process earlier in development of the site plan as well
as construction drawings.
M[~ _Mo~q~ng questioned why the word "boardwalk" had been
changed to "project"? Mrs. Devane~ stated because Council
felt the word boardwalk left out the inner harbor park and the
Second Street park and wanted to expand the project to include
both those sites. So, now it reads waterfront development
project rather than just boardwalk. ~ Mg_r.~ng pointed out
under paragraph 3, C. and E. funding amounts combined are
significantly more than originally discussed and he felt it
further shows the City's continued support for this project as
a whole.
M~r~_~.,a3~n~on stated he believed Council could work with the
Mayor on development of the scope of work, site plan and
drawing development separate from the documents which talks
about what to do to get grant funds. He suggested changing
paragraph 4 to read that the
99~tract with the Economic Development Administration if the
President Morton stated since this proposal is a drastic
increase to the project and a first class project could be
constructed with less money, she hoped the City would do just
that and not put in pure "cadillac" amenities when it does not
suit a particular plan but simply to be expending grant
dollars. She believed the City needed to be a frugal with
#1012
#1289
TAPE #747
City Council Reg. Mtg. Minutes]
July 2, 1990
Page 17 of ~
Federal dollars as the City is with municipal dollars. And,
she hoped if a first class project is built with lesser money
then remaining funds could go back to someone else's project.
Mrs. Devane~ stated for every Federal dollar spent the City
has to spend a City dollar.
M/S/C/U(Waibel/Colvin) to approve Resolution #2303,
authorizing application to, cash match, designation for, and
Mayoral signature of the Economic Development Administration
Grant with the following amendments, including the change to
Paragraph 4, which would read: "The Mayor be authorized to
sign the contract with the Economic Development Administration
if grant funds are awarded.
M/S/C/U(Johnson/Colvin) that the City Council work with the
Mayor to develop a method for periodic meetings to discuss
refinement and scope of work and development of site plans for
the expanded project.
With no further business meeting adjourned at 8:47 p.m.
CLERK
APPROVED
KATHLEEN L. MCCLUSKEY, CITY
L~NNHOR~ON, Council
City of Bremerton
President
KLM/LH/me
cc: Normal Distribution
File/Vault