HomeMy WebLinkAbout02/02/05
OOID.
DIGITAL RECORDING ~'
CITY COUNCIL MEETING MINUTES rEI 1t 6 2005
Wednesday, February 2,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, February 2, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Cecil McConnell and Brad Gehring. Also present were City Attorney Roger Lubovich;
City Clerk Paula Johnston; and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member McConnell, followed by the invocation
provided by Reverend Scott Huff of St. Luke's United Methodist.
President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 to discuss agenda items; and
2. Item 60 would be pulled.
PUBLIC SERVICE ANNOUNCEMENTS - There were no announcements...
CONSENT AGENDA
A. Check Numbers 297443 through 297204; 297224 through 297389; and EFT-6661 through
EFT-6675 in the amount of $833,937.90; (#AB05-026)
5:44:16 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
6A - COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT; AND RIGHT OF FIRST
REFUSAL AND OPTION TO PURCHASE AGREEMENT WITH WEST SOUND BANK (#AB05-032):
Gary Sexton, Economic Development Director indicated that WESTSOUND BANK has made an offer to
purchase the property located at 607 Pacific Avenue (former U.S. Bank Building). In addition to the
proposed purchase and sale agreement for this property is a first right of refusal and option to
purchase agreement for the City to purchase the current WESTSOUND BANK building located at 190
Pacific Avenue.
There were no comments from the public.
Mr. McConnell, Mr. Gehrina, and Mr. Short provided comments in support of this action; and Ms.
Priest added that WESTSOUND BANK has provided assurance that if the property is not used for a
bank, that appropriate tenants would be found, and that the building and landscaping would continue
to be maintained.
5:52:30 M/S/C/U (Arends/McConnell) Move to approve the Commercial Real Estate Purchase and
Sale Agreement, and the Right of First Refusal and Option to Purchase with WESTSOUND BANK; and
authorize the Mayor to finalize and execute the agreements with substantially the same terms and
conditions as presented on condition that subsequent Council approval will be required to exercise
the Option to Purchase or Right of First Refusal.
6B - REAL ESTATE PURCHASE AND SALE AGREEMENT WITH KITSAP COMMUNITY
FEDERAL CREDIT UNION (#AB05-036): Gary Sexton, Economic Development Director, explained
that the KITSAP COMMUNITY FEDERAL CREDIT UNION owns property located at 1025 Burwell Street.
Staff is proposing purchasing the property for the new Public Safety Facility.
There were no comments from the public.
President NVQren clarified that the citizens approved a bond to provide a new Pubic Safety Facility,
and that the City will explore all possibilities to find the best building and location with the amount of
City Council Reg. Mtg. Minutes
Wednesday, February 2, 2005
Page 2 of 4
money available.
Mr. Maupin and Mr. Gehrina indicated that although this may not be the ideal location, and that both
the police and courts may not be located together in this building due to the limited space, this
location is currently the best option available.
Mr. Sexton provided his assurance that all options would be explored.
6:02:35 M/S/C/U (Arends/Short) Move to approve the Real Estate Purchase and Sale Agreement
with KITSAP COMMUNITY FEDERAL CREDIT UNION; and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions presented.
6C - PARKING AGREEMENT FOR THE NORM DICKS GOVERNMENT CENTER (#AB05-037):
ROQer Lubovich, City Attorney, summarized that the proposed agreement is between principal
condominium owners of the NORM DICKS GOVERNMENT CENTER. The agreement allocated parking
spaces within and without the government center to the condominium owners.
There were no comments from the public.
Mr. McConnell expressed his hesitation regarding the ownership of the East-side parking lot for the
Health District. Mr. Lubovich explained that the Health District was entitled to their share of parking
spaces as part owners of the Norm Dicks Government Center.
6:10:30 M/S/C/U (Short/Maupin) Move to approve the proposed NORM DICKS GOVERNMENT CENTER
Parking Agreement and authorize the Mayor to execute the same with substantially the same terms
and conditions as presented.
6D HAR80RSIDE CONDOMINIUMS AGREEMENT 8ETI^JEEN KITSAP COUNTY. KITS!\P
COUNTY CONSOLIDATED HOUSING J\UTHORITY. AND THE CITY OF 8REMERTON
REGARDING A CONTINGENT LOAN AGREEMENT (#A805 038): Item was pulled...
7 A - RESOLUTION NO. 2952 AUTHORIZING TRANSFER OF $150.000 FROM THE GENERAL
FUND TO THE ABATEMENT REVOLVING FUND (#AB05-032): Laura Lvon, Financial Services
Director, explained that the Abatement Revolving Fund has previously undertaken a line of credit to
finance costs associated with abatement of unfit dwellings, buildings, structures, and premises. The
current line of credit expires on January 31,2005 and the principal plus accrued interest thereon (total
of $223,448.28) is due at that time. The costs currently financed with this line of credit relate to the
Sesko Properties Nuisance Abatement claim which is scheduled to go to court on January 21, 2005.
This claim will not be resolved in sufficient time to provide funds for repayment of the debt obligation
per the terms of the loan agreement. The Sesko claim amount is $313, 389.09 (including attorney
fees). The exact amount allowed and the final payment of said claim cannot be determined at this
time. A transfer of $150,000 to the Abatement Revolving Fund from the General Fund is sufficient (in
combination with current funds on hand in the Abatement Revolving Fund) to provide for the payment
of the debt obligation plus provide sufficient ongoing working capital for the Abatement Fund.
Although the 2005 Budget documents contemplated a new line of credit being obtained, it is the
opinion of the Director of Financial Services that these costs are not good candidates for debt
financing given the uncertainty of collection expectations on these types of claims - both in timing and
in amount. A transfer from the General Fund of $150,000 to the Abatement Revolving Fund is
therefore proposed with all future rights and claims to the Sesko Abatement similarly transferred to
the General Fund in consideration of the transfer being made.
There were no comments from the public.
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Wednesday, February 2, 2005
Page 3 of 4
Council President NVQren explained the historical reason that brought the City to this situation.
Mr. McConnell asked how much money would be saved. Ms. Lyon answered that the City would
save approx. $6,000 per year.
6:17:04 M/S/C/U (Robinson/Short) Move to pass Resolution No. 2952 authorizing the transfer of
$150,000 from the General Fund to the Abatement Revolving Fund.
78 - RESOLUTION NO. 2953 AUTHORIZING CABLE FRANCHISE RENEWAL PROCEEDINGS
WITH COMCAST (#AB05-033): ROQer Lubovich, City Attorney, stated that Section 626 (a) of the
Cable Act provides that, during the six-month period which begins with the 36 months before cable
franchise expiration (August 2007), the City shall, at the request of the cable operator (Comcast),
commence proceedings which afford the public in the City of Bremerton appropriate notice and
participation, for the purpose of identifying the future cable-related community needs and interests
and reviewing the performance of the cable operator under the current franchise. On September 22,
2004 Comcast formally requested that the City commence formal renewal proceedings but also
indicated it desire to reach a mutually satisfactory franchise renewal agreement with the City through
informal negotiations as per Section 626(h) of the Cable Act.
Matthew St. Carol expressed his views on the importance of having a system to keep the public
informed, and the importance of having a "public needs" assessment done in conjunction with people
very knowledgeable in advanced technology.
Mr. Maupin asked if BKA T was going to be involved in these negotiations. Ms. Johnston assured
him that they would.
Mrs. Arends agreed that it was important to investigate all options.
6:25:15 M/S/C/U (Arends/Short) Move to pass Resolution No. 2953 authorizing commencement of
cable franchise renewal proceedings in accordance with provisions of the 1984 Cable Act and written
requests from Comcast.
7C - ORDINANCE NO. 4931 AMENDING CHAPTER 3.08 "CLAIMS FUND" OF THE BREMERTON
MUNICIPAL CODE RELATING TO ISSUANCE OF WARRANTS OR CHECKS (#AB05-034): Laura
Lvon, Financial Services Director, mentioned that frequently, throughout the normal course of paying
bills, there are occasions where payment of claims does not coincide with City Council approval.
Electronic debt service payments. initiated by the City or a fiscal agent, may have due dates that do
not coincide with Council meetings creating a delay in posting to the financial system. Pre-approval
of claim payments would enhance the City's relationship with its vendors, help to meet legal
deadlines, and to comply with terms on ongoing contracts more effectively. RCS 42.24.180
authorizes cities to expedite the payment of claims before City Council approval subject to the City's
meeting certain conditions and safeguards provided in RCW 42.24.180.
There were no comments from the public.
Mr. Maupin thanked Ms. Lyon for continuing to improve the efficiency of her Department.
6:32:35 M/S/C/U (Short/Robinson) Move to pass Ordinance No. 4931 amending Chapter 3.08 entitled
"CLAIMS FUND" of the Bremerton Municipal Code authorizing issuance of warrants or checks to pay
claims before approval by the City Council, subject to certain conditions pursuant to RCW 42.24.180.
PUBLIC RECOGNITION
Don Larson discussed "Earth Day" and his quest for an Underwater Park.
City Council Reg. Mtg. Minutes
Wednesday, February 2,2005
Page 4 of 4
David Harris thanked the City employees for always being helpful, and the City Council for their hard
work. He discussed his concern with the City spending money to assist unincorporated areas outside
of the City limits [Le. crematorium in Navy Yard City], and did not want the City to set a precedent.
COUNCIL MEMBER REPORTS
Cecil McConnell indicated that the City is looking for volunteers to serve on a committee to "Set
Council Salary" and anyone interested in applying should contact the Council office at 473-5280.
Wendy Priest invited the public to attend a wonderful art exhibit at the Amy Burnett Gallery featuring
"Competing Hearts", with 40 artists displaying works of art in hearts for the month of February.
Carol Arends apologized that due to technical difficulties, the City Pride Award for District 7 would be
presented next week; attended also reported on her attendance at the "Callow Kick Off' event.
Mike Short announced that the Munitions Investigation in the upper area of NAD Park is now over,
and next they will look in the lower segment. If additional information is requested, it will be available
at the Council office at 473-5280.
Daren NVQren asked the public to remain patient, while the "bugs" are being worked out in this new
meeting location.
With no further business, the meeting of the City Council was adjourned at 6:50 P.M.
L SMITH
Legislative Assistant
Attest:
PA
DAREN YGREN, City Council ~~
DN/PJ/ls/cge