HomeMy WebLinkAbout03/19/97 AGENDABREMERTON CITY COUNCIL
239~4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
MARCH 19, 1997
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
2. CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion· If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at the
request of a Council member.
A. Minutes of Meeting - March 5 1997 #AB97-058
3.CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Appointment of David Vannest To The Disability
Action Committee
RESOLUTIONS
A. Resolution #2591 Establishing Abatement Process
Fees
B. Resolution #2592 To Adopt The 1996 Utility
Land Management Plan
#AB97-060 25
#AB97-061 ~1
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: MINUTES - MARCH 5, 1997-
FOR AGENDX OF: 3-19-97
ORIGINATING DEPT: City Council
ORIGINATOR: David Farr, President
DATE SUBMITTED: '3-12-97
2. CLSAR3~NCES: (comment on back
if necessary)
3. ~XHIBITS:
ENDORSEMENT__ INFORMATION
MAYOR
__ APPROVED BY COUNCIL P~SIDENT ~ORSUBMITTAL:
COUNCIL PRESIDENT' ~ ~'
4. SD'M24A_RY .STATEMENT AND REQUIREMENT FOR~COUNCI~ ACTION:
8. RECO~iMENDATION:
RESPONSIBLE OFFICI~:
ENFORCEMENT OFFICI~:
EXPIRATION DATEr
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED ~MENDED
DATE:~
TAPE #1445
UNAPPROVED DRAFT
CITY COUNCIL MEETINg MINUTES
MARCH 5, 1997
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 5, 1997, at 5:30 P.M., with
Council President David Farr presiding. Council members present
were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson,
John Law, Cecil McConnell, and A1 Colvin. Councilman Sherril Huff-
Menees was absent. Also present were City Attorney Ian Sievers and
Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Cleveland Williams
of Ebenezer A.M.E. Church.
#0035
#0059
President Farr made the following announcements:
(1) Council held a Study Session immediately prior to the City
Council meeting. The topic discussed was: Sinclair Landing
Association Update.
(2)
Immediately following the City Council meeting, Council will
hold an Executive Session to discuss "litigation".
(3)
Agenda Item 7C - Resolution #2587, approving emergency
purchase of pump drive for CE-4 was added to the Agenda.
CONSENT AGENDA
A. Minutes of Meeting -- February 19, 1997
#AB97-046
M/S/C/U(Neville/Montgomery) 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/Montgomery) on March 5, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 206352 through 206615 in the amount of $413,26.98; and
Regular Payroll for the period ending 2-28-97, in the amount of
$784,223.36.
COUNCIL MEMBER REPORTS
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Mr. Colvin pointed out "taxes" are on people minds these days and
a constituent shared with him that they had cleaned up their yard
and painted their house in an effort to beautify their residence
and a few days later the Tax Assessor came by reassessed their
home. She was not happy about having her property tax raised and
knew of a place where people were taxed more for not keeping up
their property and were given incentives for making improvements to
their property. He was curious where such a place might be because
he has never heard of such a tax.
Mr. Law announced the next District #3 Neighborhood Meeting will be
held March 18, 1997, 7:00 P.M., at the Senior Center. The theme of
that meeting will be open to those in attendance and anyone wanting
something brought up that requires resources or research should
contact him at the City Council office (478-5280) or his residence
(479-2723).
Mr. Montqomez7 reported today he attended the Open House of the
Harrison Hospital Annex, located on Lebo Boulevard. He came away
from that event knowing that the health providers are getting more
done for the public.
Mr. Winters thanked all of the individuals applying for the Ad Hoc
Citizens Advisory Committee on Telecommunications. As soon as the
committee is formally announced, the members will be given booklets
on how we intend to formulate an ordinance to present and educate
the City Council. He extended a special "thank you" to Cap Demiero
for putting together the Bill Ramsey Jazz Band, who are currently
performing at the Melody Lane. He, along with approximately 65
other people, enjoyed being entertained by this band. He believes
the downtown core will someday be similar to the Pioneer Square
area with various kinds of entertainment.
Mr. Fart reported many of the Council members were keeping Sherril
Huff-Menees family in their thoughts and prayers and wished her the
best.
MAYORJS REPORT
Mayor Lynn Horton reported on Saturday she attended the "Miss
America" program at the Admiral Theater, hosted by the Literacy
Council of Kitsap County. This was a fund raising event for the
Literacy Council and an opportunity to highlight the importance of
literacy. One static shared during the program was somewhere in
the order of 90% of jail inmates that are on death row are
illiterate. She hoped that anyone knowing someone with a reading
disability or needing assistance to improve their reading ability
to refer them to the Literacy Council, which is located in the West
Bremerton branch of the Kitsap Regional Library on 5th Street. On
Saturday afternoon she attended the Historical Museum's unveiling
3
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of their new stairway that incorporates inscribed granite blocks.
She was pleased to announce the Smithsonian Museum is bringing a
traveling exhibit to the Historical Museum in mid May and will run
through June 1. The exhibits are products of America depicted in
posters from the WWII era.
Mayor Horton read the following Proclamation:
1) March 9-15, 1997 Dental Assistant Recognition Week. Crystal
Wriqht, vice President of the Kitsap Dental Assistants Society,
accepted the Proclamation. Mayor Horton noted the Health District
recently put together demographic of Kitsap County and one of the
things that has been identified as a need in the community,
especially among lower income populations, is improved dental care.
The City Council will be soon having a discussion on fluoridation
and she felt it was important keeping on top of the issue because
dental problems can lead to much more serious health problems.
PUBLIC RECOGNITION
Larry Dickerson, Bremerton resident, handed out samples of cat
food, bread and apples and referenced the previous Council meeting
where innuendoes were made about disease and epidemics spread by
wild bird populations and dangerous raccoons. Following that
meeting, he contacted the Kitsap County Health District and asked
for statistics identifying the last case of rabies or any
communicable disease passed on by raccoons and other wild animals.
The response he received from the Health District was "0". In order
to get such data on birds he contacted the Washington State
Veterinarians and their response was "0" cases. Based on that
information, he felt the issue of spreading disease by birds and
wildlife should be stricken from the ordinance. In his opinion,
members of the public have the civil courts process available to
resolve neighborhood disputes as well as the Dispute Resolution
Center, and if that doesn't work, the parties can pursue resolve
through the Small Claims Court. He asked that the proposed
ordinance be withdrawn.
Reverend Scott Shaw, Pastor of the Bremerton Church of The
Nazarene, thanked Mayor Horton for accepting their invitation to
attend the March 23, 1997, 10.15 A.M., ribbon cutting of their new
park, located at the corner of Sheridan Road and Robin. He invited
members of the City Council and the public to attend this event.
Also, on March 29, 11:00 AM - 4:00 P.M., the Church is putting on
community event -SPRINGFEST, which will include games, rides,
events, music, food, a fire truck, Police dogs, petting zoo and
mini train. He emphasized everyone is invited to this event, which
will also help celebrate the development of the park area for
benefit of the church family and surrounding neighborhood.
Carol Atkinson, Bremerton Main Street Association, announced the
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upcoming St. Patrick's Day Parade on March 15, 11:00 AM, will
assemble between 7th and Sth Street on Pacific Avenue. She
encouraged participation in the parade, including children riding
their bikes and tricycles. She also reminded everyone of the Art
Party scheduled for April 26, and tickets for this event must be
purchased before March 31.
Don Atkinson, KITZ, announced this evening the Bremerton Athletic
Roundtable is hosting George Karl, Head Coach of the Seattle
Sonics, as the main speaker. He reminded everyone of the KITZ
Senior Fair at the Kitsap Mall on March 8 - 9.
Del Knauss, Bremerton resident, stated about five months ago he
asked several questions that were never answered by the Council;
therefore, he will include some of them along with the following
questions: (1) To date how much money has been spent by the
government agencies involved in this downtown redevelopment study?
(2) How much has been paid to McClure Research so far for being the
Executive Director? (3) Has the City received any kind of ruling
whether HUD money can be used for parts of this project? (4) If
the project isn't developed, will Burwell remain the same or will
we spend highway funds just because we have them? (5a) Bremerton's
Police quota system - Why do you see radar traps at 5:30 AM on both
sides of Callow Avenue? (5b) Doesn't the Mayor and the council
think it's better for the officers to be seen patrolling the
streets for traffic violations instead of setting up radar traps
all over the town? (5c) Is the City's budget in such a tight
squeeze that we need a two ticket quota to generate revenue? (5d)
How many tickets for speeding were issued in the City for the year
of 1996, broken down month-by-month? (5e) How many speeding
tickets were issued so far in 1997, broken down by month? (5f)
Does the Council and the Mayor understand what kind of message
they're sending to the public and Navy personnel with a ticket
quota? (6) Now that the City has passed a Graffiti Ordinance, will
they be removing the graffiti like ugly yellow foot prints from
downtown sidewalks? (7) Does the city intend to lower the garbage
tax to comply with the way the current state law is written, or
take a chance on being sued?
7A - DUI TASK FORCE AGREEMENT, #AB97-047
The County Prosecutors Office has revised this Agreement
requires that it be re-approved for this year.
and
Lynn Drake, Traffic Safety Coordinator, referenced samples of
materials she passed out to Council members that are given to youth
and citizens on DUI education. She acknowledged Council approved
this agreement in December 1996; however, since that time an appeal
was made to Superior Court, which the plaintiff won and is now
going to the State Supreme Court. As a result of that action, some
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minor housekeeping type changes have been made to the agreement.
She emphasized traffic fatalities in Kitsap county were down 40% in
1996 compared with 1995, which she attributes to DUI alcohol
education in the County. She pointed out the Bremerton-Kitsap DUI
Safety program is used as a model throughout the State and are the
only task force in the state that conducts monthly emphasis
enforcement patrols, which she also believes has made a difference.
#0849
#0938
#0986
Public comment - none.
Mr. Nmville asked if the agreement was for a term of two years?
Ms. Drake stated yes.
M/S/C/U(Neville/McConnell) to authorize the Mayor to execute the
DUI Task Force Agreement.
7B - BID AWARD TO ACE PAVING COMPANY, INC. FOR ~OLD MOUNTAIN GOLF
COURSE COMPLEX P~RKING ~REA EXPANSION PROJECTt ~AB97-048
Bids were opened on Thursday, February 20, 1997 for the Gold
Mountain Golf Complex Parking Area Expansion Project. Eight (8)
bids were received for this project (see attached Bid Opening
List). The iow bidder was Ace Paving, Company, Inc. from
Bremerton, WA for the base bid amount of $238,995.00. Total
contract amount, including Washington State Sales Tax, is $258,354.
Dan Miller, Project Manager, pointed out the need for two motions:
(1) authorizing the award of the contract to Ace Paving; (2)
approving the Budget Adjustment authorizing the expenditure of
dollars from the Enterprise Fund 407 in the amount of $400,000 to
support the parking area expansion and upcoming cart storage
facility.
Public comment - none.
Mr. Overson acknowledged Mr. Miller provided additional information
in the Agenda Bill documentation as requested by the Operations
Committee.
M/S/C/U(Colvin/McConnell) to approve to award this contract to Ace
Paving Company, Inc. in the amount of $238,995.00, and to authorize
the Mayor to execute the same, subject to Administrative Policies
and Procedures.
M/S/C/U(McConnell/Montgomery) to approve the attached Budget
Adjustment that authorizes the expenditure of dollars from the
Enterprise Fund 407 in the amount of $400,000 in support of the
Parking Area Expansion ($310,000) and Cart Storage Facility
($90,000). (See attached Sources & Uses of Funds).
#1097
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7C - RESOLUTION 2587, APPROVING EMERGENCY PURCHASE OF PUMP DRIV~
FOR CE-4t ~AB97-050
Despite continued efforts to troubleshoot problems with the control
boards of the Variable Frequency Drive for pump assembly #1 at pump
station CE-4, the drive has continued to fail. this leaves CE-4,
located at the Boardwalk park, vulnerable to overflows to the
downtown waterfront area since it leaves only one reliable VFD/pump
assembly.
The resolution waives bid procedures based on an emergency
situation and allows purchase of a new drive for Allan Bradley
drive $25,000 that will be compatible with equipment being
installed in other pump stations.
Pat Coxen, Wastewater Treatment Plant Manager, stated it has been
determined that there has been increasing system failure. At this
point in time, to repair the boards would cost just as much to
purchase the new VFD. The VFD has been in service sine 1984, and
Allan Bradley is no longer supporting this equipment as it is an
older model. Repair parts are difficult to obtain and expensive to
repair. He is requesting Allan Bradley be the sole source since
the City is using that company for other pump station equipment,
they are a local contractor and a source for spare parts.
Public comment - none.
M/S/C/U(Montgomery/Winters) to approve Resolution #2587, certifying
an emergency, approving purchase of replacement pump drive assembly
for Wastewater Pump Station CE-4 and waiving bid procedures.
8A - ORDINANCE NO. 4588 (SECOND READING) ~-MENDING TWR OFFICI~T.
ZONING ORDINANCE TEXT AND MAP BY ADOPTING AND APPLYING TWO NEW
#1113
ZONES: "HEALTH CARE" AND "SHORELINE MIXED USE", #AB97-044
Public comment - none.
M/S/C/U(Montgomery/Winters) to pass Ordinance No. 4588 on second
reading, amending the Bremerton Zoning Ordinance and Zoning Map to
add the new "Health Care (HC)" and "Shoreline Mixed Use (SMU)"
zones.
8B - ORDINANCE NO. 4589 (SECOND READING) ~NDING BREMERTON'8
OFFICIAL ZONING MAP FOR CONSISTENCY WITH TWO 1996 COMPReHENSIVe.
#1141
PLAN AMENDMENTS, ~B97-045
Public comment - none.
M/S/C/U(Montgomery/Colvin) to pass Ordinance No. 4589 on second
reading, revising the Official Zoning Map of the City of Bremerton,
Washington.
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8C - ORDINANCE (FIRST READING) REVISIONS TO B~N~RTON MUNICIPAL
CODE (BMC) CHAPTER 11 REGARDING HAZARDOUS CONDITIONS ON SIDEWALKS
~ WITHIN THE RIGHT-OF-WAY, ~AB97-049
Revisions to Chapter 11 of the Bremerton Municipal Code (BMC) are
proposed to incorporate recent changes in State law regarding
liability and establishment of the sidewalk minimum replacement
criteria. Staff recommends approval of the ordinance.
Randy Witt, City Engineer, stated this item modifies the existing
sidewalk ordinance, which was last updated in 1971. The
modifications address establishing a minimum criteria for what a
hazardous condition is and what the liability and repair
responsibility are for the City and the property owner. The
modifications are a result of recent court cases from the
Washington State Supreme Court as well as Legislative action passed
in 1996. This proposal was heard extensively at the Traffic Safety
Committee prior to their recommending approval. The existing
ordinance generally recognizes that sidewalks are a benefit to the
adjoining property owners and assigns the maintenance
responsibility to them. The modifications under consideration
generally preserve that kind of foundation for the ordinance, but
it does accommodates new State law requirements as well as giving
a better definition to the "criteria".
The minimum criteria established in the existing ordinance are
vague and use words such as "stub-toe" and "things that are in the
way". As the enforcement official, Mr. Witt found it difficult to
clearly describe a "stub toe" so that a person had a clear
understanding of the condition. A number of cities were surveyed
as to what kind of criteria they used and it ranged from sidewalk
displacements 1/2 inch to~/2 inch. In working with the City
Attorney, Risk Manager and Traffic Safety Committee, a criteria has
been established that generally sits around 3/4 inch. He
referenced a graphic drawing in the Agenda Bill documentation,
which showed the misalignment of 3/4 inch or horizontal (opening)
separation of 1 inch, if the surface has been roughed by spalling
about 3/4 inch. In addition to those immediate criteria, it was
recognized that sidewalks can tilt over and a criteria created of
a raise over one inch over a distance of one foot or less. Meter
boxes located in the sidewalk area were also addressed with the
criteria being 3/4 inch.
Ian Sievers, City Attorney, pointed out he provided Council with a
copy of the City's current ordinance under B.M.C. Chapter 11.10,
showing what is repealed and what is the state of the City's
current ordinance. As Mr. Witt mentioned, the principle section of
defining what is a defective condition has been a matter of
sharpening and building in some precision of definition,
particularly with stub toes, raises of slabs and grades of slabs.
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Language has also been clarified on obstruction caused by foliage,
based on the City's recent work with the Municipal Street Trees
ordinance, which is now referred to specifically. There were
several changes in State law. As a result of the Supreme Court
case - Rivett v. Tacoma, which talks about liability to third
parties injured on sidewalks, that case found that a Tacoma
ordinance was unconstitutional where the city attempted to say an
adjacent property owner was liable to third parties injured by
defects in sidewalks. The City has virtually the same ordinance
under Section .020, which is repealed in the proposed ordinance.
The second, more minor change, was the change in cost allocation
for repair of defects in sidewalks. The change in State law
occurred in 1996. He considers that a minor change although the
statute R.C.W. 35.69.020 up until 1996 assigned responsibility for
repair of defects, or sidewalks that were unsafe, to adjacent
property owners upon approval by the City Council. The City of
Bremerton never enforced that where it was the city's
responsibility or whether those sidewalks were damaged because of
"strip parking". The proposed ordinance makes it clear that where
the city has caused the damage, the cost of recovery or repair
would not be from the adjoining owner. Normally, you'd be able to
get the cost recovery from the adjoining owner where the City is
responsibly, somewhat indirectly, by non-enforcement of an
ordinance. But, that was the other change and is incorporated
under Section 11.10.030. - Abatement. Once the defect exists,
there is a full notice procedure, which is somewhat lacking in the
City's current ordinance, to the property owner giving them notice
the City found a defect under the ordinance, giving them an
opportunity to schedule repair before they are found in violation.
There are limitations under Section 3 of 11.10.020 whereby the
City will not pursue abatement where it is the City's fault, or
there is non-enforcement, or where City street trees cause the
defect, i.e.., root heaving, etc. The penalty for violation, under
the proposed ordinance, is a civil infraction, or there is, under
.050 of the handout, a misdemeanor. So, we've decriminalized this
violation.
The proposed ordinance would repeal Section 11.08.010 REMOVAL OF
SNOW AND ICE AND OBSTRUCTIONS - OBLIGATION OF ABUTTING OCCUPIER;
however, language was left that an accumulation is a defect that
the City wants the property owner to correct. That area of the law
is very ambiguous. At the end of 1996, a new case came out and
reviewed Washington Appellant cases and pointed out the courts had
also been very confused about the proper rule to apply to
accumulation of ice and snow. It said: the court has for many
years applied a natural accumulations rule, which means that no one
is liable if it is natural, but if it is a defect, such as a gutter
causing an ice build up, then people could be liable. They
abandoned that and changed directions so that now they will use the
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traditional tort approach to ice and snow, which embodies concepts
such as foreseeability of risk, etc. It is uncertain now whether
or not cities can be held liable and whether ice and snow are now
a defect even though it is a totally natural accumulation. There's
one older Seattle case where it was said the City cannot be found
to have constructive knowledge of a slippery condition for even six
days after a snow fall because for all they know the property owner
had been cleaning it according to their ordinance similar to this,
requiring private owner to remove the ice and snow from sidewalks.
It seemed to give the city an out by simply having this section in
"defects" requiring property owners to be responsible for that
duty.
]%n4¥ Parypa, Bremerton resident, read the following statement into
the record: The present BMC, Section ll.10.010(b) does not define
the 18 inch concrete surfaces placed adjacent to the sidewalk as
part of the sidewalk. During the January 16 Safety Committee
meeting, Mr. Witt stated the adjacent area was included as
sidewalk. Ms. Goodell claimed them to be "planting" strips. It
does make a difference as following comments will show.
Section ll.10.010(e) Meter Boxes - what "other utility" boxes are
we speaking of? Since this section speaks to right-of-way, it
includes those in planting strips. I reported many so called
depressed meters to the Mayor and Wayne Hamilton. As grass grows
turf builds up; therefore, they appear to be depressed. Who is
responsible? Next month will be two years that City officials knew
of the problem. By this proposal, the property owner gets 10
working days to abate a hazard.
(g) Ice and Snow - each time it snowed I moved the snow off the
sidewalk and placed it on the "concrete surfaces adjacent to the 5-
ft., sidewalk". If I continue, that is where it will be placed.
Snow can be seen, but not black ice. This past winter on the
morning of the second snow, while again removing snow, I slipped
and fell on black ice that formed over night. Using sand on a down
hill slope does not create a safe surface. Using salt could
violate Ordinance #4553, Section 13.10.040 if a tree is planted
within two feet of the curb. Seepage of the salt could kill the
tree. What has changed since the highlighted portions of exhibit
1,2, and 3 (handed out by Mr. Parypa)? Has Rivett v. Tacoma been
amended?
(I) Should this be a lower case i, also in the last sentence, not
struck out in agenda page 65? Defective handrail: the present BMC
11.10.030, to be repealed and replaced with a new 11.10.030
required a barrier along the outer margin of said sidewalk where
the same is elevated more than two feet. The proposed change does
not address this "elevation" requirement. If the elevation is more
{0
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than the Risk Manager and Engineer feels comfortable with,
reference should be made to who is responsible for installation of
a barrier.
Section 11.10.030 refers to Chapter 11.16. Many property owners,
including me, have decorative basket of gold vegetation hanging
over their bulkhead that do not extend beyond the eighteen inch
concrete placed adjacent to the sidewalk. They do not prevent less
use of a sidewalk than trees planted two feet from the curb.
This section indicates damage costs for sidewalk reconstruction
cannot be assessed under RCW 35.69.020 (see Exhibit 4). Most,if
not all, damage to sidewalks fall under this provision. I am
amazed the Attorney suggests the City has not failed to enforce no
parking on sidewalks (see page 1 of Exhibit 5). On Council tape
September 23, 1987, though the tape is not the best of quality, he
proves his present statement to be false. No damage to sidewalks
can be observed from Callow to Washington on Sixth or eleventh
Street where vehicles were not allowed to park. Exhibit 6 is
believable. Some parking on sidewalks continues on a daily basis.
RCW 46.61.570(1) (ii) indicated in Exhibit 5, first page, was
adopted by the City in January 1981. Aggressive enforcement of no
parking on sidewalks did not begin until after June of 1994. Are
those that claim immunity in accordance with RCW 35.69.020 taken at
their word while those such as myself, that have never parke4 on
the sidewalk abuttinq their property have to prove their case in
court as Ms. Lesser indicated at the January 16th meeting? After
the seventh sentence on Agenda page 67, the period should be
deleted and the following should be added: - or the hazard was not
caused or contributed to by the abutting property owner. (See
second page of Exhibit 5), the highlighted portion is an exact
quote of the Washington Supreme Courts ruling on Rivett v. Tacoma.
Again, what has changed since December 5, 19967
If the City can stall for twenty five years in repairing damage
caused by the City on Perry Avenue and East 17th Street, is not
requiring removal of a hazard in ten working days out of line? By
the time a contractor is hired and a permit is obtained, the ten
days will be down the drain.
Section 11.10.040 - the person who knows of a hazard should notify
the City in writing of such and should indicate he did not cause
the damage, if true. Certainly Engineering can determine if the
property owner caused or contributed to the damage. If there is a
conflict of minds, a hearing before Council might be in order. If
no agreement can be reached, issue the abatement order. Both
parties have court adjudication privileges.
Back to 11.10.010(h): Assume an owner leaves for the weekend, but
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before the owner leaves there are no hazards on the sidewalk.
While he is gone, someone parks on the sidewalk with a leaking
transmission and someone slips and is injured, how can the City be
notified fourteen days prior to the accident?
NOTE: Exhibit 1 - Memorandum from Leila Mills, Assistant City
Attorney to Councilman A1 Colvin, dated August 1, 1994.
Exhibit 2 -Page 2 of City Council Meeting Minutes dated September
28, 1994. Exhibit 3 - Page 1 of Traffic Safety Commission Meeting
Minutes dated September 25, 1996. Exhibit 4 - RCW 35.69.020(3).
Exhibit 5 - letter to Andy Parypa from Ian Sievers, City Attorney,
dated December 5, 1996, addressing "Parking On Planting Strips,
Connection To Recent Legislation". Exhibit 6 - letter to
"interested citizens" from Engineering dated January 31, 1997,
addressing "Strip Parking".
Eliza~et~ Buell, Bremerton resident, stated when the City first
started putting up "no parking" signs on sidewalks they didn't go
past 17th Street and High Avenue, she asked why she couldn't have
one in her area. A City official came out to her property to
determine the best location for such a sign, which they identified;
however, when the sign was installed it was not placed as they had
agreed. Therefore, lots of people do not see the sign and she
believes if problems occur on her sidewalk, it is the City's fault.
Mr. Witt stated Mr. Parypa was essential to staff in developing the
proposed ordinance and his involvement is greatly appreciated.
When this process was started, about three years ago, the intent
was to bring before Council a clearer description of the minimum
standards; however, a few days before the Rivett case was closed
Mr. Parypa pointed out the City had bigger issues to address. In
answer to the question regarding "other meter boxes", it could mean
telephone vaults, gas company meters and junction boxes.
Mr. Sievers stated on the issue of ice and snow, the liability
issue is somewhat uncertain, but he believes the City is in a
better position to create a duty to remove it. One thing changed
from the current ordinance under (g) and that is you can now remove
the accumulation onto the planting strip. He agreed there was a
typographical error under (i), and should be the lower case.
Mr. Witt questioned if the railing requirement was eliminated on
purpose or if it was an oversight? Mr. Sievers stated if there was
a drop off along the sidewalk, he did not know how a sidewalk could
be built without a railing and if a railing was required at the
time the property owner put in the sidewalk, then they would be
responsible to maintain it. The City would not allow a new
sidewalk to be built without a railing, which would require
obtaining a Right-of-Way Permit. He had no problem putting that in
the ordinance, but wasn't sure if it would be a problem. In
TAPE #1445
City Council Reg. Mtg. Minutes
March 5, 1997
Page 12 of 20
regard to sidewalk enforcement, he was not aware that the City had
a program or plan not to enforce vehicles parking on sidewalks.
The emphasis in the Rivett case was liability and it is important
that some of the statements about the City being primarily
responsible for sidewalks has to do with liability to persons
injured or property damage in the right-of-way. That case did not
address State laws that allows cities to recoup costs of correcting
defects in sidewalks. It does get confusing when talking about
primary responsiblity, but at in the Revitt case was in the context
of court liability...liability for damages for injury and not for
cost to repair the sidewalk. The Revitt case in that regard does
not change and in fact it may get extended in the future, but as of
now the State law does allow the City to pass through costs of
remedying defects in sidewalks to abutting property owners. There
is an L.I.D. process for large improvement areas to be passed along
to the property owners, or the abatement included in the proposed
ordinance. In 1996, when Mr. Parype argued before the Legislature
in Olympia, there was another draft bill that removed any kind of
maintenance or repair responsibility from the property owner;
however, that bill was not passed. That is a right the City has
that would resist Mr. Parypa's change to Secton .030, where he
wants to add "or the hazard was not caused or contributed to by the
abutting property owner" at the end of the first paragraph.
Clearly, the City has that right, if we have that right under State
law, and the normal deterioration of the sidewalk would not be
caused by the property owner; therefore, the City would not be able
to recover that cost against the property owners, if we limited
ourselves in that manner in this ordinance; therefore, he would not
favor that change.
Mr. Witt stated in response to the concern identified at Perry
Avenue and 17th Street, he recalled reviewing the site several
years ago and if it has not been fixed by this time, he will again
review the condition. In reference to the 10-day period for
remedying a hazardous condition, he felt it was important to note
that it is the City Engineer's prerogative to extend that time.
The language for the notification procedure in the proposed
ordinance is the same as in the Vegetation Notification System. He
felt such extensions would be happening more on sidewalk work since
it takes longer than clearing vegetation. He would not recommend
changing the 10 day period.
Mr. Sieve~s stated on the one liability or duty of requiring
notification to the City, the property owner is in the best
position to be aware of problems that develop on sidewalks. It is
the City's belief that under the law, if we did bring them into a
lawsuit where the City was sued for an injury on the sidewalk, they
could be brought in for failure to notify the City. That
requirement is being made known to the property owner through this
TAPE #1445
City Council Reg. Mtg. Minutes
March 5, 1997
Page 13 of 20
ordinance and it seems to be the consensus of other municipal
entities that is still a liability that the Court would recognize.
The 14 days is really intended to be a self-limitation on when we
think we would join them in the action and seek contribution. He
would review the ordinance prior to second reading to see if it
could be more clearly stated. President F&rr asked if Mr. Sievers
had any comment on Mr. Parypa's suggestion that there be a hearing
before Council or hearings board for disputed issues prior to going
to the full legal system, which he thought was a good suggestion?
Mr. Sievers stated under the statute and what could be added to the
ordinance is that any abatement cost that can be assessed the
property owner has to come before Council. The City Council would
pre-approve that cost and condition, and make a decision that if
it's enough of a detriment to public safety that the owner should
be responsible for the cost of repair. This is again RCW
35.69.020: "... the City Council of such city by resolution finds
that the improvement of such portion of such street by the
construction or reconstruction of a sidewalk thereon is necessary
for the public safety and convenience, the duty, burden, and
expense of constructinq or reconstructinq such sidewalk shall
devolve upon the property directly abutting upon such portions;
except as provided below", which are two exceptions where the City
cannot pass along the cost. We would need to come back to Council
for passage of a resolution, if the person doesn't comply and the
Council, at that time, can make a determination whether there may
be some sharing of costs with the City. Mr. Sievers felt it would
be good to clarify Section .030 at the very end when the City
Engineer gives notice that failure to comply with the order may
result in a citation pursuant to .050 and then add: "and may be
subject to abatement under RCW 35.69.020."
Mr. Witt explained how he sees this process functioning, both under
the old way and under the new way. Prior to the Revitt case, the
City would receive a notice of a sidewalk hazard, i.e. tripping
hazard, he would send out an investigator to review the hazard to
determine if it was within the City's criteria for a hazard. If it
was, the property owner would be notified that they had two weeks
to tell the City how they would remedy the problem. Under the new
policy, the City would receive notice of the hazard, the City would
then investigate to determine why the condition existed, i.e. tree
root from a street tree, had the sidewalk deteriorated over time,
is it an illegal driveway, or is it unclear. If it was determined
that it was something the City would repair, a work order would be
issued and City crews would carry out the work. If it was
determined the property owner was responsible, a letter of
notification would be sent. If the determination is not clear as
to who is responsible, a letter would be sent that would probably
include setting up a meeting to discuss the issue. In addition,
prior to sending any letter of notification, his department will
TAPE #1445
City Council Reg. Mtg. Minutes
March 5, 1997
Page 14 of 20
have a file of letters received from people identifying certain
conditions at specific locations. He believes some situations will
involve cost sharing and policies covering those instances would be
forthcoming.
Mr. L&v asked Mr. Parypa to come back to the podium and comment on
Mr. Witt's and Mr. Sievers' responses. Mr. Pax-pa asked the City
Attorney to read from the second page of Exhibit 5, which was
written December 5, 1996, in answer to him and Councilman colvin.
That paragraph is a direct quote out of Rivett v. Tacoma, and he
believes it does state that it is also clear that cities are
legally responsible for the physical condition of public sidewalks
and that an abutting owner is not legally responsible for the
physical condition of a public sidewalk unless that property owner
caused or contributes to that condition. Mr. Sievers acknowledged
the referenced paragraph was from his letter dated December 5,
1996. He acknowledged that in that case the City is responsible
for the physical condition and how that problem is corrected is the
city's responsibility. The City controls the pedestrian use of
rights-of-way, including sidewalks and gives permission to work or
occupy right-of-way. However, there is State law that allows the
City to recoup costs from property owners.
Mr. Colvin stated he believed senior citizens are at a disadvantage
because they do not take a ruler and measure their sidewalks. He
asked if they should be considered at all? He favored arbitration
before citing a property owner. He asked how many sidewalks have
been determined to need repair? Mr. Witt stated he had not
conduced a survey of sidewalks, but relies on complaints and
comments from citizens about hazardous conditions that exist. The
City does not receive many complaints from the property owners. At
this time, he did not have the number of such complaints received
by the city.
Mr. Neville noted earlier comments were made that in order for a
person to claim the City was responsible for a sidewalk hazard,
they were required to write a letter to the City identifying the
problem. However, it was stated during the Mayor's Report that 20%
of the population is illiterate, which could present a problem.
From what he was hearing, it was only up to Mr. Witt, as the City
Engineer, to dispute a claim whether the property owner caused the
problem or perhaps the City had caused the problem. Kr. Wit%
stated he viewed himself as the first arbitrator through the letter
notification process explaining the situation that it is the
property owner's responsiblity for repair. Mr. Neville asked if he
would take a phone call reporting a condition rather than requiring
a letter? Mr. Witt explained he was responding to the letter of
notification going to the property owner. If his office receives
a call that identifies a hazardous condition, he will have it
TAPE #1445
City Council Reg. Mtg. Minutes
March 5, 1997
Page 15 of 20
investigated and then take the appropriate action. If the person
wants to document that the City, through its actions or inactions,
caused the condition, then he would like to have it in letter form
so that it can be kept on file. Addressing the potential person
that may be illiterate, his department can write a memo to be
included in the file. Mr. Neville asked, according to 11.10.040
what would be the City's response if a person moved into their
house in 1980 and realized their meter box was 1 ft. below the
sidewalk and notified the City of the condition and asked that it
be repaired by the City? Mr. Witt stated to take Mr. Neville's
extreme example, he would have to wonder why the City had not been
notified about the condition before because there was a reporting
duty under the old ordinance. He would also look at why the meter
box was so low...was it built incorrectly or had someone done
something to make it low. Mr. Neville stated he believes Mr.
Parypa and Mr. witt and his staff put in a lot of work into this
proposal, but in his opinion it needs more refinement.
#3175
M/S/C(Neville/Overson) to send the proposal back to staff and have
them review it and tighten up on the sections Mr. Parypa brought
forward and see if a section can be developed that directly spells
out rather than a penalty it goes before a review board .
TAPE #1446
McConnell asked if the property owners would be held responsible
for the alley behind their residence? Mr. Wit~ stated he was not
sure why alleys were included in the proposed ordinance. Mr
Sievers stated alleys were included in the current ordinance. Mr.
McConnell questioned the fairness about requiring repairs be made
in 10 days by the property owner, yet the City was not required to
complete the work in a specified time? If the repair work is the
City's responsibility, he felt the City should have the same 10-
period to correct the problem. He questioned the method of
requiring citizens to measure the sidewalks, if it doesn't look
quite flat to them? Mr. Witt explained if someone has a concern
that it does not meet the ordinance, they can call the City and
someone will visit the site. Mr. M~Connell asked if this proposal
required citizens to pay for a permit to do the work to remedy the
problem and if so, what is the cost? Mr. Witt explained a Right-
Of-Way Permit would be needed to perform work in the right-of-way,
at a cost of $10 - 25.00. President Fart stated he recently
obtained a Right-Of-Way permit and there was no charge. Mr.
McConnell stated he agreed with Mr. Overson's motion in order to
allow Council to provide input.
Mr. Winters asked what if a person purchases a property, moves in
and is unaware of the City's ordinance and someone is injured, then
the City responds that the property owner is responsible for the
repair to the sidewalk as well as notifying the City that a problem
TAPE #1446
City Council Reg. Mtg. Minutes
March 5, 1997
Page 16 of 20
existed? Mr. Sievers stated when someone purchases property they
are suppose to know the laws of the jurisdiction that affects the
property.
Mr. Montqomery stated almost every city in the country has an
ordinance addressing this issue and he had no major objections to
what is being proposed. However, in driving around Bremerton he
found that most of the violators, who have a potential for busting
up the sidewalks, are renters or the landlords that lets their
tenants or delivery trucks park their vehicles in front yards or
sidewalks. Regarding the removal of snow and ice from sidewalks,
he believes the City needs to change the way snow is plowed on main
arterials.., snow should be plowed from the curb to the middle of
the road, not back up onto the sidewalk, or the property owner
should not be held responsible.
Mr. Colvin stated he did not feel there was sufficient evidence
that Council needs to act on the proposed ordinance. He questioned
the liability of the City when someone is injured as a result of a
pothole in a street.
Mr. Law asked that the City Attorney and Mr. Witt work with Mr.
Parypa and give Council a layout of the proposed changes with the
options identified by Mr. Parypa. He found requiring the abutting
property owner to notify the City of a hazard condition 14 days
prior to an injury occurring because of that condition was
unrealistic ( Section 11.10.040). He felt that entire paragraph was
about 180 degrees out-of phase. To look at it that way is "your
guilty until proven innocent".
President Fart asked Mr. Parypa if he would be willing to provide
further input on this issue? Mr. Parypa stated yes.
Mr. Overson asked if the added words "undeveloped right-of-way" in
Section 11.10.010 means that all specifications, (a) through (i),
now apply to undeveloped right-of-way? Mr. Sievers stated yes.
Mr. Overson asked if a 3/4 inch vertical difference (it says
sidewalk block), would apply to an undeveloped right-of-way? Mr.
Sievers stated no because that would be development of the right-
of-way. Mr. Overson stated then nor would the 1 inch apply. In
reference to accumulation of snow and ice on public sidewalk, he
asked if that was included in the City's current ordinance? Mr.
Sievers stated it is the same except the new language did not
create a defect if the accumulation is on the planting strip. Mr.
Overson stated he did not understand what applies to "undeveloped
right-of-way". Mr. Sievers explained probably not many and mostly
artificial improvements, probably on planting strips. Someone
placing a large boulder in a planting strip could become a hazard.
If a vehicle was coming down a steep hill and swerved into it, then
TAPE #1446
City Council Reg. Mtg. Minutes
March 5, 1997
Page 17 of 20
the City might consider that a defect because it is a hazard to
traffic. Mr. Overson pointed out there are all kinds of boulders
in planting strips throughout the City to keep people from parking
on them. He asked if now the City is saying that cannot be done
any longer? Mr. Sievers stated that is a difficult area and the
cities have been found liable where private properties have created
obstructions where the city had knowledge that vehicles have gone
off the road and killed people. Mr. Overson asked how many of the
97 miles of sidewalks are undeveloped? Mr. Witt explained
sidewalks are where there is concrete or asphalt surfaces. Mr.
Overson asked what are the standards of the undeveloped areas? For
example, there are locations where there are tiered gardens,
regular gardens, boulders and rocks. He questioned if the
ordinance should contain language describing the standard for
undeveloped areas? Mr. Witt stated where an area is undeveloped,
sidewalk standards would not apply because there is no sidewalk.
The obstructions would probably apply, i.e., pedestrians do walk
along roadway shoulder areas. The maintenance of fences and safety
railing would probably apply if there was a steep embankment
adjacent to the shoulder of the roadway. Mr. Overson stated based
on Mr. witt's comments that addressed a large portion of this city,
in his opinion, Mr. Witt could not defend himself in any situation
because standards are undefined. He asked if Kitsap County had
similar standards? Mr. Sievers stated he doubted they did since
they did not have the same obligations. Mr. Overson stated it
appears the State statute does not apply to the County. Mr.
Slevers stated that was correct, the cost and responsibility
statutes for sidewalks all refer just to cities. Mr. Overso~ posed
the scenario where a person removes a sidewalk in front of his
residence and it becomes undeveloped, and asked if that
individual's property now has to meet the undeveloped standards?
Mr. Witt stated he doubted the City would allow the sidewalk to be
removed.. Mr. Overso~ pointed out Mr. Witt had stated the sidewalk
belongs to the property owners and questioned why is the City
involved at all? Mr. Witt stated the City would be notified
because a Right-of-way Permit would be required before any work
could begin. Mr. Overson asked why would Mr. Witt disallow that
request? Mr. Witt stated if there were connecting sidewalks on
both ends, it would be prudent upon the City to require the
property owner to maintain that connection sidewalk. Mr. Overson
questioned what if the individuals does not want the concrete
sidewalk and wants to install a rock path? Mr. Witt stated at this
time he would look at the site, deny the permit and if the sidewalk
was in such a condition that it required repair, it would be
evaluated and determined who would be responsible for the cost of
repair, i.e., the property owner, the City, or sharing the cost.
Mr. Slsvmrs stated assuming the policy ruling that a sidewalk was
needed on only one side and the other side was in such bad
condition that the owner is allowed to remove the damaged sidewalk
TAPE #1446
City Council Reg. Mtg. Minutes
March 5, 1997
Page 18 of 20
and put in some kind of plantings. He was aware of a situation
where a person did a trip and fall in a depression just in the
shoulder of the City next to the City's road and there was a
liability issue with the City losing at a cost of $60,000. Again,
where the City has the knowledge that pedestrians use an area for
travel it doesn't necessarily have to be developed into a sidewalk.
Mr. Overson pointed out in European cities it is very popular today
to install non-sidewalk sidewalks, i.e. bricks that are open with
grass growing between them, rocky pathways, etc. He questioned if
an individual builds a home in the City of Bremerton, do they get
the option to not build a sidewalk? Mr. Witt stated that would
depend on the location of the property. If there is an area where
there is no continuous sidewalk, the City will allow them to sign
an agreement that is essentially a L.I.D. participation agreement
in the event sidewalks are desired in that area by the community.
Mr. Overson expressed concern that the City can force an individual
to put in a sidewalk even if they don't want one and are required
to provide maintenance and repair; and if someone is injured the
property owner can be sued. Mr. Witt stated the City's Street
Standards include a sidewalk. The requirement for building Permits
go back to the Street Standards, hence the obligation to require
sidewalks. Mr. Overson stated hence the problem with this
ordinance. He feels the proposed ordinance should hold the City
liable for the sidewalks and all that happens on the sidewalk
because the City requires them. He asked if an individual could
post a sign in front of their home that states the sidewalk is
closed it could be hazardous to your health and please use the
roadway or other side of the street? Mr. Witt pointed out that
would be obstructing the public walkway for use by the public. Mr.
Overson asked if the property owners' insurance company would cover
public sidewalks? Mr. Slevers stated he suspected they would
defend an owner under a Homeowners Policy. They may think they did
not have much liability to third persons and would get out of a
lawsuit fairly quick. Again, the liability of the third party is
primarily the City's and it is the city's responsibility to get the
defects corrected. Mr. Overson stated he would maintain that the
way the State wrote this requirement encourages lawsuits and
someone taking liability for a person injuring themselves rather
than themselves, which is inappropriate. He feels the liability
should be on the State with a minimum on the City, not on the
property owner. He believes one of the specific reasons why
Council members are elected is to avoid these things. What this
tells a citizens of Bremerton, if the proposed ordinance passes, is
the only way to escape the liability is to move out of the City and
that is not the message he wants to send to the citizens. And, any
state in the nation where they have significant snow and ice
provides that if a person doesn't remove the snow and ice from the
sidewalk then it is not a liability, but if it is removed and ice
develops or someone trips, then they are liable. This proposal
TAPE #1446
City Council Reg. Mtg. Minutes
March 5, 1997
Page 19 of 20
does not provide that option. Mr. Sievers stated the property
owner, like the City, must have constructive knowledge of the
problem and it is primarily the City's job to get the situation
corrected. The proposed ordinance excluded the first 14 days from
the snow event before the property owner is directed to get any
responsibility for not telling the City about the hazardous
condition. It is not creating liability if someone does not go out
in the middle of the night to shovel snow. Mr. Overson stressed
the State standard says the property owner is liable, now Mr.
Sievers is saying, by the way it is written, that there is now a
process of implementation or application that provides due process
so that the land owner is protected. He was not sure those
protections were specified in the ordinance or even understood by
the average layman or attorney reading of the law. Mr. Sievers
stated the State statute that discusses liability for corrective
measures doesn't talk about cleaning or removal of snow. Mr.
Overson pointed out he was referring to Section 11.10.020.
Sievers explained Mr. Overson was referring to the City's present
ordinance, not State law, which was being repealed in the proposed
ordinance. The City's current ordinance is pretty extreme and the
City is trying to move in a less onerous direction. Mr. Ovmrson
stated he had several very knowledgeable people read the proposed
ordinance and they did not understand the due process outlined by
Mr. Sievers. Mr. Slevers stated he believed that was one of the
points that needed to be expressly set out in a Council resolution
process for approving cost. Even though that is in the statute, he
thought more needed to be done than to incorporate it by reference
as well as the Department's review.
Mr. McConnell asked if there is a 1/4" stub-toe on a sidewalk and
the owner wished to repair it himself, can they do the work or are
they required to get a contractor? Mr. Witt stated the property
owner can perform the work. Mr. McConnell asked how much time
would Council have to give input to staff on this issue? Presi4ent
Fart asked that Council submit their questions to Council's
Legislative Assistant for forwarding to Mr. Witt. He felt one-week
was enough time for Council to submit their input.
Mr. Overson stated recommended increasing the sidewalk steep from
3/4" to 2" and the broken or cracked sidewalks having more than 4"
horizontal opening, which he believed was legal. Mr. Sievers
stated the City is not guided by a Model Traffic Code and the
recommended changes are based on the City Engineer's surveys,
experience and expertise. Mr. Witt stated he felt it was more in
terms of what is defendable. He would not recommend Mr. Overson's
suggested change.
Vote on motion:
In Favor:
Winters, Neville, Overson, Law,
McConnell, Colvin, Farr
TAPE #1446
City Council Reg. Mtg. Minutes
March 5, 1997
Page 20 of 20
Motion carried.
Opposed:
Montgomery
Prmsident Fart thanked the TV camera crew for their services: Rob
Rupe, James Noble Jr., and Jamie Campbell.
With no further business meeting adjourned at 7:35 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
DAVID D. FARR, Council President
city of Bremerton
KLM/DDF/me
cc: Normal Distribution
File/Vault
SUBJECT:
Appointment to the
Disability Action
Committee.
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: March 19, 1997
ORIGINATING DEPT.: Executive
ORIGINATOR: Mayor Lynn Horton
DATE SUBMITTED: March 13, 1997
2 .CLEARANCES: 3. EXHIBITS:
(comment on back if necessary).
Application for Appointment.
ENDORSEMENT/J~ INFORMAT ION 7]
APPROVED BY COUNCIL
PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT:
4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
There is a vacancy of the Disability Action Committee. It
is recommended the vacancy be filled by Mr. David Vannest.
8. RECOMMENDATION:
Motion to confirm the appointment of Mr. David Vannest to
the Disability Action Committee.
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED [] APPROVEDO
COUNCIL DIRECTIVE:
DISAPPROVED[] AMENDED[]
DATE:
o: 7-O5
2. CLEARANCE COMMENTS:
IMPACT ON NON-PASSAGE:
Less than full membership on the Committee.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
N/A
RESEARCH SOURCES:
N/A
CITY OF BREMERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
HOME ADDRESS: /.2~ ~ ~/~,~-~!. L,~ c~e~ ~. ~
occu T,O :
PHONE: ~ 7~ - 2~> '_?~-' (H)
(w)
//-
PROFESSIONAL/COMMUNITY ACTIVITIES:
!
LOCAL REFERENCES (name & phone number):
lAM
()
Is this
If yes,
INTERESTED IN SERVING ON (please check one or more):
Disability Action Committee ( )
Civil Service Commission(18 yrs. & older) ( )
Urban Forest Committee ( )
Cable Communications Advisory Committee ( )
Community Development Block Grant
Advisory Committee
YouTh Council
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Citizen's Commission on Council Salaries
Planning Commission (18 yrs. & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of Appeui~, Hou~ing/Buildi~9 Code~
Special Committees as needed
an applic'a~ion for reappointment?
how many years have you served on this commission/committee?
PLEASE RETURN TO:
Mayor's Office
239' 4th Street
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Signature
Applications be reviewed periodically to determine continued availability. Additional pertinent
information may be put on back.
AGENIDA B]i_L
BREMERTON CITY COUNCIL
5
SUBJECT: Resolution Establishing
Abatement Process Fees
FOR AGENDA OF: ,3 - l~ - 97
ORIGINATING DEPT.: Dept. of Comm. Dev.
ORIGINATOR: D. Pratt
DATE SUBMITTED: March 4, 1997
2. CLEARANCES: (Comment on back if necessary)
Dir. of Comttq. Dev.: ~ ~
City Attorney:
City Treasurer: ~--~ ' , ~'%~
Fi~SC~AL~ BUDGET COMMITTEE
~.'0~E~TIONS COMMITTEE
ENDORSEMENT .~¢ INFORMATION
MAYOR ~,~ '/~ . '~,/~
3. EXHIBITS:
A. Resolution No.~O5 q I
establishing abatement, fees.
B. Ordinance 4586 (Section
1 .c.) establishing abatement
process fees.
APPROVED BY COUNCIL PRESIDENT F,OR SUBMITTAL:
COUNCIL PRESIDENT (~z~ ~' ~.
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Ordinance No. 4586 established the City's authority to assess "administrative costs incidental to
abatement as set by council resolution." Resolution No. __ establishes the administrative
fee allowed by the ordinance. This fee represents 75% of the abatement administrative costs
as estimated by staff.
8. RECOMMENDATION:
I move that City Council adopts Resolution No. ~,.,~"~'[.
9. RESPONSIBLE OFFICIAL: J. Johnson
.fl~ilFORCEMENT OFFICIAL: J. Johnson
EXPIRATION DATE: Dec 31, 1997
REVIEW DATE: Dec 31, 1997
PULLED TABLED
10. NOTICE OFACTION
APPROVED DISAPPROVED
AME-'8~
DATE ·
11. AGENDA BILL NO.: 6~"~_. ~
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The City will be authorized to collect administrative abatement fees but will have no fees
in place.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Recovery of administrative abatement fees will increaserevenues,'-'~-"--'- ........ '-';" ..... bo
....... *"'~ +~' ..... ~' ~""~"'"* dj for
7. RESEARCH SOURCES:
agbill5.doc
RESOLUTION
REGARDING ESTABLISHMENT OF FEES FOR THE ABATEMENT PROCESS
WITHIN THE DANGEROUS BUILDING CODE
WHEREAS, Community Development fees are established by resolution by the City
Council; and,
WHEREAS, the City Council has adopted by Ordinance # the ability for the City
to recover indirect fees incurred during the abatement process; and,
WHEREAS, the Department of Community Development estimates that the average
abatement project which is initiated and completed by the City requires twenty
eight (28) hours of staff time in addition to the direct physical
construction/destruction costs; and that the estimated total staff costs
(exclusive of office overhead) are: $775.50; and,
WHEREAS, the City believes that a 75% level of cost recovery is essential so that
general funds are not used to absorb costs caused by people who violate city
ordinances; and,
WHEREAS, these abatement fees will only be assessed after property owners have
failed to comply with an abatement order;
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL that the following fees for
abatement actions will be assessed:
1. $600.00 and direct services and supply costs.
AND BE IT FINALLY RESOLVED that this fee shall be adjusted annually for the
previous year's cost of living index unless otherwise adjusted by the City
Council.
Passed by City Council of the City of Bremerton this
1997.
day of ,
DAVID FARR
Council President
CCRES.2]2
ORDINANCE NO.~
An ordinance amending regulations of unfit buildings and premises including
abatement and recovery of abatement costs; and amending BMC 17.04.065.
Whereas, Chapter 35.80 RCW includes abatement and priority liens for costs associated with
abatement of unfit structures and premises which are more inclusive than the Uniform Code For
the Abatement of Dangerous Buildings, and should be adopted by the City; now therefore
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 17.04.065 of the Bremerton Municipal Code is hereby
amended to read as follows:
.065 AMENDMENTS TO THE DBC.
(a) DBC Sec. 102.1 Purpose shall be amended to read as follows.'
102.1 Purpose. It is the purpose of this code to provide a just, equitable and
practicable method, to be cumulative with and in addition to any other remedy provided by the
Building code, Housing Code or otherwise available by law, whereby buildings or structures
which from any cause endanger the life, limb, health, morals, property, safety or welfare of the
general public or their occupants may be required to be repaired, vacated or demolished.
It is hereby found that there exists within the City dwellings which are unfit for
human habitation, and buildings structures, and premises or portions thereof which are unfit for
other uses due to dilapidation, disrepair, structural defects, defects increasing the h~z~rds of fire_
accidents, or other calamities, inadequate ventilation and uncleanliness, inadeo, uat~ light or
sanitary_ facilities, inadequate drainage, overcrowding, or due to other conditions which are,
inimical to the health and welfare of the residents of this City.
The purpose of this code is not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefited by the
terms of this code.
(b) DBC Sec. 302 is amended to read as follows:
302- ~,,_,~,~,~,,_,o'-' ' ~ ~'~'°~ ~,~,~,~,,~ IJNFIT B~D~O$ ~ P~$E$
For the pu~ose of this code, any building, ~ structure or premises which has any
or all of the conditions or defects hereinafter described shall be deemed to be ~ an u~t
building or premises, provided that such conditions or defects efist to the extent that the life,
health, prope~y or safety of the public or its occupants are endangered:
15. Whenever any buildin~ ~ structure or premises, --~-- ~ or ,,,~,,~ ~ ~
used for d~-elling purposes,because of inadequate maintenance, dilapidation, decay, damage,
faulW construction or a~angement, inadequate light, air or sa~tation facilities, accumulation of
DBCODE.ORD - Disk 2 - 11/i 2/96
garbage or refuse, or otherwise, is determined by the building officer to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease to the
occupants, occupants of neighboring dwellings or other residents of the city. When a structure or
premises is declared unfit under this subsection, repair as used in the DBC shall include removal
of the condition.
(c) Section 901 - Account of Expense, filing of Report is amended to
read as follows:
The director of public works shall keep an itemized account of the expense
incurred by this jurisdiction in the repair or demolition of any building or premised done pursuant
to the provisions of Section 701.3, Item 3, of this code. the cost of vacation and closing a building
under 403 and the administrative costs incidental to abatement as set by council resolution. Upon
the completion of the work or repair, removal or demolition, said director shall prepare and file
with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of
the work including administrative charge, a description of the real property upon which the
building or structure or condition .is or was located, and the names and addresses of the persons
entitled to notice pursuant to Section 401.3.
APPROVED by the City Council of the City ofBremerton this~ay ofh,~.,~ 997.
PASSED by the City Council of the City ofBremerton thi~~ day of~~.~ 997.
DAVID FARR, Council President
APPROVED this \c3~ day of'-~_~
,1997.
ATTEST:
L~HO~R,~-oN~, Mayor
KATHLEEN McCLUSKI~Y, City Clerk
DBCODE.ORD - Disk 2 - I 1/12/96
EFT COTlVE DATE
CRDtNAN'CE
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
RESOLUTION.~TO ADOPT THE 1996
UTILITY LAND MANAGEMENT PLAN
FOR AGENDA OF: March 19,1997
ORIGINATING DEPT: Public Works & Util
ORIGINATOR: Bill McKinney, For. Mngr/j~.%.
DATE SUBMITTED: February 12,1997
2. CLEARANCES: (Comment on back 3. EXHIBITS:
if necess~/r~
D~rector, PW & Util.~_~
C'ty Treasurer
City Attorney
Admin. Serv. Dir.
City Council S. tudy Session October 1996
Volumes 1 & 2 ULMP
Resolution # 259Q-
ENDORSEMENT [~ INFORMATION [ ]
MAYOR ~-~ ~. ~
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SU~94ARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The December 1996 Utility Land Management Plan updates the existing 1986
Land Management Plan. As with the 1986 Plan, the update addresses maintaining
the Union River surface water supply in compliance with Department of Health
(Please see page 2 for continuation)
5. RECO~94ENDATION:
That the City Council adopt Resolution
RESPONSIBLE OFFICIAL: Public Works Dir.
ENFORCEMENT OFFICIAL: Forestry Manager
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED C] TABLED []
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED [ ] DISAPPROVED [ ]
AMENDED [ ]
11.
2. CLEARANCE COMMENTS:
4. SU~94A/~Y STATEMENT AND BEQUIREMENT FOR COUNCIL ACTION - Continuation
regulations for unfiltered sources under the Surface Water Treatment Rule
(SWTR). Volume II of the 1996 Plan includes a timber inventory summary
from the computer data base developed within the project scope; a computer
based geographic information system (GIS) was developed for all Water Utility
forest lands; forest health issues are addressed also in Volume II. The
Utility Land Management Plan will provide a rational long term approach for
land and forest management policies and practices within the constraints of
water quality. An Advisory Committee assisted in the Plan development
process. This project was brought to the October 21, 1996 Council Study
Session.
IMPACT ON NON-PASSAGE:
Non-adoption of policies and procedures designed to maintain the Water
Utility's filtration exemption with Washington State Dept. of Health.
7. IMPACT ON STA~FFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: N/A
Budget: N/A
Facilities/Equipment:
N/A
8. RESEA/~CH SOURCES:
Forestry Manager.
33-
Resolution No.
A RESOLUTION adopting the documents entitled "Utility Land
Management Plan" and "Forest Management Plan" as policies of the
City of Bremerton and as an addendum to the City's Water Supply
Plan required by WAC 246-290-100 and authorizing the City's Director
of Public Works and Utilities to take the necessary steps to implement
the two Plans.
WHEREAS, the City of Bremerton owns and operates a municipal water
supply system which is designed to meet the existing and future needs of the City of
Bremerton and its water customers; and
WHEREAS, it is required by the Washington State Department of Health
and the U.S. Environmental Protection Agency that the drinking water quality
delivered to the customer meets specific water quality criteria and that the sources
of supply be provided with the appropriate level of treatment and the watershed be
managed to minimize the introduction of contamination into the supply; and
WHEREAS, the Bremerton Water Utility relies upon a Watershed
Management Program to protect the quality of water and minimize the need for
water filtration or other costly treatment techniques to meet the State and Federal
drinking water criteria; and
WHEREAS, the City of Bremerton authorized the update of the 1986 Utility
Land Management Plan and Forest Management Plan with the specific objective of
updating policies, procedures, and implementation program to help ensure that the
quality of water delivered to the City's customers meet State and Federal
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BREMERTON, WASHINGTON
That we find Volume I--Utility Land Management Plan and Volume
II--Forest Land Management Plan (collectively the Plans) consistent
with the goals and objectives of the City of Bremerton and do hereby
adopt the Plans as official policy and programs of the City of
Bremerton as an integral part of the City's Water System Plan for the
management of the water supply.
That the Mayor of Bremerton, Lynn Horton, is authorized to submit
the Plans to the Department of Health for review and approval as the
o
City's Management Plan for protecting water quality and controlling
activities on the municipal watershed lands.
That Director of Public Works and Utilities (Director) is hereby
authorized to implement the recommendations and programs outlined
in the Plans.
That the Director be further instructed to continue to monitor the
changing requirements of the State and Federal drinking water laws
and to anticipate potential changes that may affect the management
program of the City of Bremerton such that the cost of providing public
water supply to the City's customers is minimized.
PASSED on this
__day of ,,1997.
CITY OF BREMERTON CITY COUNCIL
BY:
David Farr, President
RECOMMEND APPROVAL
Lynn S. Horton, Mayor