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HomeMy WebLinkAbout11/13/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA NOVEMBER 13, 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation 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, p~_ A. Minutes - October 30, 1996 #AB96-256 CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 7 o NEW BUSINESS A. Bureau Of Justice Assistance, Local Law Enforcement Block Grant - 1997 #AB96-257 ~7 8 o ORDINANCES A. Ordinance (First Reading) Reducing The B&O Tax On Garbage And Refuse Business Bo Ordinance (First Reading) Authorizing The Condemnation Of Property For Expansion Of Evergreen park #AB96-259~ (CONTINUED NEXT PAGE) PUBLIC HEARING - 6:00 PM OR LATER A. Resolution #2567, Regarding Recovery Of Fees For The Abatement Of The Property Located At 2908 13th Street Bo Resolution #2568, Regarding Recovery Of Fees For The Abatement Of The Property Located At 1706 Elizabeth Avenue 1. SUBJECT: AGENDA BILL BREi~ERTON CITY COUNCIL MINUTES - OCTOBER 30, 1996 FOR AGEND~ OF: ]1-i%-96 ORIGINATING DEPT: C~ty COlOnel1 ORIGINATOR: ,~ohn Law: pr~nr DATE SUBMITTED: ] 1-4-96 2. CLEA3~ANCES: (comment on back if necessary) coUNCIL PRESIDENT MAYOR / 4. SLr~y STATEPfENT A/~D RE UIREMENT OR'COUNCIL CTION: 8. ~ECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA/~: EXP!t~ATION DATE:_ REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVe: 10. NOTICE OF ACTION APPROVED DISAPPROVED __ DATE: AM. ENDED 11. TAPE #1418 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES OCTOBER 30t 1996 #0035 #0054 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, October 30, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, Cecil McConnell, Council members David Farr, A1 Colvin and Bob Winters were absent. Also present were City Attorney Ian Sievers and Acting city Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Talmage Wilson of the Charleston Baptist Church. President Law announced Council held an Executive Session immediately prior to the Council meeting to discuss "labor negotiations". CONSENT AGENDA A. Minutes of Meeting - October 9, 1996 #AB96-240 B. Minutes of Meeting - October 16, 1996 #AB96-241 C. city-Wide Phone System Upgrade, Bid Award #AB96-242 Recommendation to GTE M/S/C/U(Huff-Menees/Montgomery) to approve 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(Neville/Montgomery) on October 30, 1996, the Council does approve for payment those vouchers included and further described as follows: EFT, 202955 through 203175 in the amount of $364,050.52; and Retirees' Payroll for the period ending 10-31-96, in the amount of $97,519.77. COUNCIL MEMBER REPORTS Mr. McConne11 announced the next District #2 Neighborhood Meeting will be held on November 12, 1996, 6:30 P.M., at Fire Station No. 3, with Bill McKinney, Forester, making a presentation on "Forests & Inhabitants". TAPE #1418 City Council Reg. Mtg. October 30, 1996 Page 2 of 15 Minutes Mr. Overson cautioned drivers to watch out for children Halloween for a safe and happy evening. on Mr. Neville thanked everyone, who attended the meeting on Tuesday evening to discuss parking and parking on planting strips, as well as Senator Betti Sheldon, Representative Lois McMahan, Tom Dorden, Joyce Lorensen, Julie Elkinton, Wendy and Bill Trumper, Andy Parypa, Randy Witt, city Engineer, and Mark Souza, Senior Engineer. After three hours of discussion, it was decided to monitor the test area of the existing streets, including Pennsylvania Avenue, until the next meeting, which is scheduled for January 21, 1997, at the Memorial Lutheran Church. Flyers advertising the January 21 meeting will be distributed in the affected areas. Mr. Law emphasized the importance of driving careful on Halloween. Mrs. Huff-Menees reminded everyone to vote on Tuesday. MAYOR'S REPORT Mayor Lynn Horton reminded everyone of the Ail city Halloween Party with special guest J.P. Patches appearing at 7:00 P.M. On October 29 she hosted a meeting that included several Puget Rental Operators Association members, where they discussed her Neighborhood enforcement proposals, which were provided to Council at an earlier date. They discussed not only the basic concepts, but how to form better linkages with the rental operators and what the City could do through the Police Department to aid them, if they get tenants that cause problems in their properties and in the neighborhoods. A follow up meeting will be held that will be more of a technical working meeting to go over the details of the Housing Code and proposed draft ordinances. PUBLIC RECOGNITION Kevin Thurston stated his desire to incorporate an Acceptance Program, a Christ centered program, into the Bremerton School district. He briefly outlined the intent of this program, activities involved and its impact on students and the community. charlene Burnett, Parks and Recreation Department, invited everyone to attend the All City Halloween Party on October 31, 1996, starting at 5:30 P.M., at the Sheridan Parks Recreation Center. J.P. Patches will make a guest appearance at 7:00 P.M., and costume judging will take place at 7:30 P.M.. Shirley Howerton, Bremerton resident, stated two weeks ago she presented the Council with a petition requesting the City ban any rally type activity along Wheaton Way. It concerned her that the City has not responded with some kind of action to implement such TAPE #1418 City Council Reg. Mtg. October 30, 1996 Page 3 of 15 Minutes a ban considering the heavy traffic on Wheaton Way and the danger it presents to pedestrians. She recalled in the 1960-70's Bremerton had an ordinance that required everyone wishing to hold a rally or gathering of any sort to go to the law enforcement agency and inform them of their planned activity. Law enforcement then had the option and utilized it to identify a safe place where such an assemble could be held. Mrs. Howerton would like the City of Bremerton to reinstate that requirement. President Law stated Mrs. Howerton would receive a response from the City. Don Atkinson, KITZ, announced KITZ would provide election coverage on November 5. Ruth Reese, Swing City Committee, invited everyone to attend the HARVEST MOON PARTY on November 8, 8:00 - 12:00 P.M., at the Bremerton Eagles. This event is sponsored by Swing City Committee. 7AA - RESOLUTION ~2566 CERTIFYING ANEMERGENCY, APPROVING PURCHASE OF REPLACEMENT PUMP ANDMOTOR ASSEMBLY FOR WASTEWATER PUMP STATION WB-3 AND WAIVING THE BID PROCEDURES~ ~AB96-251 President Law announced because this item is an emergency action item it has been added to the Agenda. He requested the Resolution be read into the record: "WHEREAS, a primary backup pump and motor assembly has failed beyond repair at Wastewater Pump Station WB-3; and WHEREAS, the pump and motor assembly is the primary backup and essential to the operation of the pump station; and WHEREAS, immediate replacement is necessary to ensure the ongoing operation of Pump Station WB-3; and WHEREAS, budget currently exists in the Capital authorization within the Wastewater Fund to upgrade this pump assembly with current technology similar to WB-3 Pump Assembly #1; and WHEREAS, estimates have been secured from various vendors to ensure competitive pricing; now therefore, BE IT RESOLVED by the City Council of the City of Bremerton: 1. That the failure of Pump Assembly #2 at Pump Station WB-3 is certified as an emergency situation, needing immediate corrective action in response to the need for essential backup pumping capacity. 2. The emergency purchase of replacement components compatible with current technology, similar to the existing WB-3 Pump assembly #1, is approved as necessary to address this emergency to address #0599 TAPE #1418 City Council Reg. Mtg. October 30, 1996 Page 4 of 15 Minutes this emergency situation, and bid procedures of RCW 35.22.620(2) are waived." Public comment - none. Mr. Overson questioned the cost of the necessary equipment? Rich Hanna, Acting city Clerk, stated the cost would be approximately $16,000.00. M/S/C/U(Montgomery-Huff-Menees) to approve Resolution #2566, certifying an emergency, approving purchase of replacement pump and motor assembly for Wastewater Pump Station WB-3 and waiving bid procedures. 7A - APPOINTMENT OF GARY A. POD TO THE BOARD OF APPEALS~ #0701 HOUSING/BUILDING CODES, #AB96-243 There is a vacancy on the Board of Appeals, Housing/Building Codes Committee. It is recommended that Gary A. Pod be appointed to fill the vacancy. Mayor Lynn Horton stated when she presented the Neighborhood Enforcement proposal to Council one of the goals identified was to expand the city's Board of Appeals, Housing/Building Codes in order to include a neighborhood element to what has previously been an all technical group. Gary Pod has been very active in neighborhood issues as well as the Neighborhood Blockwatch Program and she believes he will be a good addition to this board. She also believes he will bring an element to the board that will round out the membership and give a better perspective of the full needs of the City. She urged Council to confirm Mr. Pod's appointment. Public comment - none. Mr. Neville stated he met Mr. Pod at several Neighborhood Information Network meetings and he would describe him as a "straight shooter". M/S/C/U(Neville/Montgomery) to appoint Gary A. Pod to the Board of Appeals, Housing/Building Codes Committee. 7B - REAPPOINTMENT OF ROBERT D. KENNEDY TO THE BREMERTON HOUSING AUTHORITY BOARD OF COMMISSIONERS. #AB96-244 Housing Authority Board of Commissioner Robert D. Kennedy's term is expiring. It is recommended he be reappointed to another term. Mayor Lynn Horton stated Mr. Kennedy has served on the Bremerton Housing Authority Board for a considerable amount of time. Generally, she tries to funnel people through a couple of terms and then bring in new membership, but in this situation we are trying #0788 TAPE #1418 City Council Reg. Mtg. October 30, 1996 Page 5 of 15 Minutes to have the Housing Authority be more proactive in looking at either new construction for housing or to do more in the community than simply be managers of Westpark and the Section 8 Program. The Kitsap consolidated Housing Authority is probably on the cutting edge of working with low income housing, trying to either erect new construction or finding new avenues for those in the low income category to find housing. She believes Mr. Kennedy is on board with that philosophy to help more people into home ownership and to look at quality housing for low income populations. She urged council to confirm Mr. Kennedy's reappointment to the Bremerton Housing Authority Board. Public comment - none. Mr. MeConnell pointed out Mr. Kennedy has served 30 years on the Housing Authority Board. He appreciated having Mr. Kennedy's biography included in the documentation and was quite impressed with his involvement within the community. Mr. Montqomer~ noted he has been attending the Bremerton Housing Authority Board meetings and he agrees that Mr. Kennedy has done a fine job serving on that board. And, all of the Board members work together as one coercive group in understanding the problems and in directing the Housing Authority management. M/S/C/U(McConnell/Huff-Menees) to confirm the reappointment of Robert D. Kennedy to the Bremerton Housing Authority Board of Commissioners. 7C - DECLARATION OF SURPLUS PROPERTY AT 1312 LAKEHURST DRIVE, ~AB96-245 Title to property at 1312 Lakehurst Drive was received in August as a result of an LID foreclosure for assessments in the 1992 Lakehurst Drive LID. The parcel is 200' x 300', abutting Lakehurst Drive, with no improvements. A parcel map is attached. It is recommended to surplus the parcel to allow development and return to tax roles. Proceeds from the sale would remain in the LID Guaranty Fund. Assessed value for 1997 is $21,230. The property is of marketable size, and no special restrictions of sale or negotiated sales are recommended. Ian Sievers, city Attorney, stated this was a foreclosure lot that resulted in the deeding of the property in lieu of pursuing that foreclosure action. The site is a marketable size; therefore, it does not require a negotiated sale or restrictions on the sale. The assessed value will not be the fair market value and prior to it being put out for bid a short form appraisal will be obtained and used as the minimum price. The sale of the site will be #0910 TAPE #1418 City Council Reg. October 30, 1996 Page 6 of 15 Mtg. Minutes advertised in the newspaper, the surrounding property owners will be action does not succeed in getting a will re-evaluate the process. site will be posted and notified by mail. If that fair market price, the City Public comment - none. Mr. Overson pointed out the site is approximately 1.5 acres and the assessed value at $21,120. He questioned if there was something unknown to Council about the site that would justify the lower assessed value considering the location of the site? Mr. sievers stated from talking with a neighboring property owner the front part of the subject property is swampy or wetlands and may create some difficulties in developing the property. M/S/C/U(Overson/Neville) to declare the property at 1312 Lakehurst Drive surplus, and authorize sale under BMC 2.78.030 by sealed bid, without restriction. 7D - BUDGET ADJUSTMENT, SHELTER PLUS CARE GRANT, #AB96-246 The City of Bremerton received a $596,400 grant in January of 1995 from HUD under the Shelter Plus Care Program to provide alcohol/drug free housing for people who are chemically addicted. The sponsor and primary provider for the project is Agape. When the 1996 budget was prepared, we allocated $20,000 from the grant to be spent this year. The program has been extremely successful, and to date, has spent $70,000. A budget adjustment is necessary to cover the dollars that have been spent. Debbie Peavler-Stewart, Department Of community Development, stated she had nothing more to add and would standby for any questions Council may have regarding this issue. Public comment - none. Mr. Overson pointed out the grant amount is $596,400, but the Budget Adjustment proposes adjusting $85,000 to meet a $105,000 debt. He questioned what about the rest of the $596,400. Rich Hanna, Acting City Clerk, explained the Shelter Plus Care Grant was a multiple year grant and what they have attempted to do by budgeting the more conservative number is to avoid inappropriately inflating the City's annual operating budget. There was no expectation that the entire grant would be executed in any single fiscal year. The original appropriation of $20,000 was based on a slow start in 1995, but during the course of the program, in financial terms, is now moving more quickly than anticipated when the original budget was executed. Mr. Overson stated then in the following four year budgets that will be broken into approximately $105,000 each year. Mr. Hanna stated Mr. Overson was correct. #0987 TAPE #1418 city Council Reg. Mtg. October 30, 1996 Page 7 of 15 Minutes M/S/C/U(Montgomery/Huff-Menees) to approve budget adjustment. 7E - DEPARTMENT OF COMMUNITY DEVELOPMENT 1997 CDBG/HOME RECOM/~ENDATIONS BY THE CITIZEN ADVIBORY COMMITTEEt #AB96-247 The City of Bremerton will receive an estimated $550,000 in Community Development Block Grant funds for 1997 from HUD. The city also has available approximately $430,930 in HOME funds. The City staff has reviewed the applications for HUD compliance. The citizen Advisory Committee has read all of the CDBG applications, interviewed the applicants, and are making the attached recommendations. The HOME funds that are listed as "to be determined", are anticipated to be utilized for a large project, potentially in the Smith Cove area to create home ownership opportunities. A request for letters of interest was advertised, and are due in our office by 10/31/96. The Kitsap County Administration funds are part of the Consortium Agreement between the City and County. CRC submitted the only CHDO application. The staff recommends approval of this project. Mayor Lynn Horton thanked the Citizen Advisory Committee members Deborah Jackson, Drake Evans and Cheryl Kincer, who spent many hours working on this project for the City. The Committee's recommendation is given only after serious consideration was given to each application. Debbie Peavler-Btewart, Department Of Community Development, stated the process for making the CDBG recommendation began prior to July of this year with the Neighborhood Development staff consisting of Marylyn Waibel and herself, Mayor Horton, Don Pratt, Director of Community Development, City Council and local organizations, working together to determine the local policies for use of CDBG funds. The Policy Plan, which outlines the Federal Rules, local policies and rating criteria, was approved by the City Council on August 7, 1996. During the September 4th City Council meeting, the City Council appointed Drake Evans, Cheryl Kincer and Deborah Jackson to the Citizen's Advisory committee, which is charged with recommending activities to be funded under the CDBG program. The city received 36 applications requesting funding. She and Marylyn Waibel also thank the Citizens Advisory Committee for the time and effort they put into this process. Deborah Jackson, member of the Citizen's Advisory Committee, stated she was pleased to present the Committee's recommendations for distribution of funds received under the 1997 Community Development Block Grant Program. The recommendation meets requirements of the CDBG Program and to the greatest extent possible to the procedures outlined in the Policy. As stated, 36 applications were received, TAPE #1418 city Council Reg. Mtg. Minutes October 30, 1996 Page 8 of 15 which were separated into different categories Public/Human Services, Housing, Capital and Economic Development, Planning and Administration. The amount of funds available in each category were substantially less than the amount requested. Ms. Jackson identified the following categories, requested amounts and CDBG available funds: Public/Human Services: 16 applications were received requesting $314,032/ available CDBG funds in the amount of $85,000. Housinq: five applications were received requesting $480,892/ available CDBG funds in the amount of $165,000. Capital and Economic requesting $486,160/ $192,500. DeveloDment: 13 applications were received available CDBG funds in the amount of Planninq And Administration: 4 applications were received requesting $145,080/ available CDBG funds in the amount of $110,000. Making the decision as to which activities to fund was extremely difficult. All of the applicants provide important services to the low and moderate income persons in Bremerton. The Committee's recommendation is based primarily on the rating criteria outlined in the Policy Plan; however, they felt additional factors not included in the rating system should be considered, such as the consequences if funding was not allocated and funding available from other sources. She hoped the City Council recognized the effort of the Committee and approve the recommendation as presented. The following individuals, representing various agencies, thanked the city for considering their agency receive funding: Marie Jones, Executive Director of Kitsap Youth Services; Linda Kroum, Executive Director of the YWCA A.L.I.V.E. Program; Pastor Larry Robertson, Community Resource Center, Kathy Enqle, Director of Big Brother Big Sisters; Julie Pounds, Chuckwagon Senior Nutrition Program; Barbara Malioh, Director Kitsap Community Health Centers; Ruth Deam, Bremerton Foodline; Jill Robinson, Peninsula Services; Ellen Epstein, RMH Services; Diane Bradshaw, ILMH Services; Martha Westcott, Kitsap Sexual Assault Center; The following individuals, representing various agencies, expressed their appreciation for being considered for CDBG funding, but were not recommended and how that could impact the Bremerton community: Kate Borstad, Manager of the Kitsap County Historical Museum; Helen Achterman, Executive Director Literacy Council of Kitsap County; Phil Drouin, KCAP Board Member, regarding emergency Housing TAPE #1418 city Council Reg. Mtg. Minutes October 30, 1996 Page 9 of 15 funding; Reverend Rod Smith, speaking on behalf of KCAP's request for emergency housing funding; Latz7 Eyer, Executive Director KCAP (regarding emergency housing funding; Riki Jacobs, Supervisor of Crisis clinic Of Kitsap County. Mr. M¢Connell asked if the estimated available funds had to go in the specific areas as listed? Ms. Pearler-Stewart explained the amount identified for Public/Human Services is the maximum that is eligible, which is 15%. Mr. McConnell pointed out $165,000 is shown for housing services and questioned if he understood correctly that did not have to all remain in that particular category? Ms. Pearler-Stewart explained those funds could go into the Capital category, but not the Planning category. Mr. McConnell questioned the reasons the KCAP Emergency Housing services was listed under Public/Human Services instead of the Housing category? Ms. Pearler-Stewart explain KCAP has two different projects, one is for the transitional emergency shelter service portion and is a Public/Human Service. The second KCAP application is for a weatherization program, which is eligible under the Housing category. Mr. M¢Connell stated he had a concern with the recommended allocation for the Admiral Theater under the Capital and Economic Development category. He did not understand how the Admiral Theater was funded for $7,500 since that facility is not designed to assist low income or the needy. He believes once the facility is completed the middle to wealthy people will be the only ones to enjoy those activities. In addition, the Admiral Theater Foundation just received a $750,000 HUD Grant through the City and he believed the $7,500 could have been placed somewhere else for a better use. And, at the appropriate time he wanted to make the motion removing the $7,500 out of the Capital and Economic Development category and place it into the KCAP Housing services. Ms. Pearler-Stewart stated those funds cannot be moved into the Housing category. She stressed the Admiral Theater application is considered under slum and blight category, which is not a low income category. Mr. McConnell stated based on earlier comments by Ms. Peavler-Stewart he understood the amount listed in the categories do not have to stay within that group. Ms. Pearler- Stewart explained the amount of dollars in the Capital and Housing portions have to stay within their category. The total amount available in Public/Human Services is $82,500. Mr. McConnell stated he felt the Pacific Avenue Child Care or the basketball court for the school would be a better place to spend those dollars than the Admiral Theater, i.e., giving young people something to do besides getting in to trouble. He doubted the people going to the Admiral Theater would be the kind to be in trouble, so we don't need to spend the extra money on them. Mrs. Huff-Menees stated Mr. McConnell's comments about the Admiral theater serving only the upper and middle class is a very TAPE #1418 City Council Reg. Mtg. Minutes October 30, 1996 Page 10 of 15 inaccurate assumption and she was deeply offended by it. At this point, the proposals/programming for the Theater is not known; however their intent is to serve every need within this community and any group that comes to them with a request for programming. TAPE #1419 Mr. M¢Connell stated he believed Mrs. Huff-Menees' response to his comments was inappropriate according to Council's rules. As far as the Admiral Theater is concerned, it is inappropriate to hold that up over more needy projects. Mrs. Huff-Menees requested Mayor Horton to comment on that particular funding category. Mayor Lynn Horton pointed out there were inaccuracies in Mr. McConnell's comments. The Theater foundation plans include housing a children's theater group, establish a puppet museum, and planning programming specifically for children. She believes the Theater Foundation is planning to provide community activities that are broader than reaching just the wealthy segment of the community. The Bremerton Symphony, which is a community symphony, has already booked programs to be held at the Admiral. Also, community events covering the first three months of their opening have been scheduled, and will not be restricted to people of higher incomes. She reminded Council the theater is in an area of slum and blight and one of the prime criteria in that category is to alleviate slum and blight. Mr. M¢Connell pointed out when the Admiral Theater Foundation came before Council initially requesting funding they stated, if their request was approved, they would not come back to the City asking for "taxpayer" money. In his opinion, the Foundation has come back again and again to the City requesting funds. Mayor Horton explained $75,000 was used to purchase the Admiral Theater building, which makes it a City owned building. The City contracted with the Admiral theater Foundation to refurbish and operate the facility. The HUD Loan Grant, as referred to by Mr. McConnell, is HUD money and one of the prime directives of HUD money is to alleviate slum and blight; and the site is in a designated area to relieve slum and blight. Mr. Huff-Menees conveyed her apology to Mr. McConnell and emphasized she respects his views with respect to different funding allocations, she also has some differing views on the recommendations, but her comments were addressing the uses of the theater, which was of most concern to her. With respect to the process, it is one that arouses a mix of emotions because as always there are not enough dollars to meet all the needs and critical programs. She thanked all of the agencies providing public services and the work they do within the community. She believes there are opportunities to meet some of the needs that were not addressed with the Committee recommendations. Having served on the County's Block Grant allocating process, she is very aware how TAPE #1419 City Council Reg. October 30, 1996 Page 11 of 15 Mtg. Minutes difficult it is to make decisions as to which agencies are funded. some times there is the assumption that because the Advisory Committee worked so hard that when it reaches this point there should just be a blanket approval of all of their recommendations. She stressed it is the Council's responsiblity, as a policy board and legislator function, to review any staff recommendations very thoroughly. She did not believe the public wished Council to rubber stamp this process any more than any other staff recommendation. One area of great concern to her that she wants to address is KCAP's Emergency Housing program. Based on information that she has had access to over the past years, she is very aware of what homelessness is in Kitsap County. She does not believe Kitsap County as a whole has a good awareness of the degree of homelessness in the County. Because homelessness is a significant issue, it affects most of the other social agencies that have been addressed during this discussion. Not addressing the homeless issue puts a greater burden on many of the other agencies that are requesting funding from the City. She believes there are some alternative ways to provide needed funding and she will be bringing Council some recommendations to provide additional dollars for KCAP in the emergency housing category. During this process last year, Council recommended any additional CDBG dollars received by the City be allocated to the KCAP Housing Program, which did happen. She noted such action could be taken again this year and look at other opportunities. She was disappointed that the Crisis Clinic was not recommended for funding. As pointed out, this also is an agency that is on a 24-hour day basis meeting needs within the community. She has to assume the Advisory Committee had reasons for making those recommendations. She reviewed some of the applications and the scoring standards used and she still did not fully understand that decision. She thanked City staff members for the improved application process. Overall, she believes the City, citizen Advisory Committee and all the applying agencies are all to be commended. Mr. Neville expressed deep remorse for the agencies/organizations that did not receive a recommendation for funding. He expressed his thanks to the Citizen Advisory Committee for their hard work and dedication and City staff members Marylyn Waibel and Debbie Peavler-Steward in their handling the new process. If additional funds do become available, he looks forward to being able to direct them toward those services that did not get funded through this recommendation. Mr. Mcconnell stated he would not oppose the recommendation based on his having a disagreement over one item. President Law stated he believed the public could observe the City Council, as a team, will support additional funding, if it becomes #0358 TAPE #1419 City Council Reg. October 30, 1996 Page 12 of 15 Mtg. Minutes available, to the areas of most concern to the Council. Mr. Overson thanked the Citizen Advisory Committee for their effort in bringing forth a recommendation to Council. On a more positive note, through the funding allocations a lot of people will be helped in 1997, as a result of this process. He is confident the funds that have been distributed are in fact well distributed and will be well used to better serve our community. M/S/C/U(Overson/McConnell) to approve the Citizen's Advisory Committee recommendations. 9A - PUBLIC HEARING ON REVENUE SOURCES FOR THE 1997 BUDGET, ~AB96- 25O The City is required by RCW 84.55.120 to hold a public hearing on revenue sources for the coming year's budget, including consideration of possible increases in property tax revenues. Rich Hanna, Acting City Clerk, pointed out an attachment to the Agenda Bill reflecting his assumptions, as City Treasurer and his staff's, in the operation of the revenue side of the General Fund Budget. Most of the assumptions are driven by the changes in the City's assessed valuation, population and changes in the Consumer Price Index since the preparation of the 1996 budget. Public comment - none. Mr. Overson asked if the U.S. Navy was aware that their B&O Tax percentage had been increased by 230% for 19977 Mr. Hanna stated yes, negotiations between the City and U.S. Navy over Utility rates have been ongoing in excess of a year. Those negotiations will result in a fairly substantial increase to the Navy's Utility rates. What is driving a large portion of that change is historically the Navy had a contract under which only the current operating costs of the Utility were billed on a month-to-month basis and the Capital portion was paid on a project-by-project basis, which was not subject to B&O Tax. By converting the Navy to an all in rate, which includes the capital component, their B&O Tax will increase by 230%. Mr. Overson congratulated Mr. Hanna on that successful negotiation effort. Mr. McConnell referenced the Wastewater B&O Tax, retail 90% of total up 5.5%, and asked 90% of what total? Mr. Hanna explained retail rate revenue represents 90% of the total revenue of the Utility. Council will be provided a much greater detail during the Budget Review process. Mr. McConnell question if "up 5.5%" means an increase? Mr. Hanna stated a 5% increase in retail rates took effect July 1, 1996. The Administration will be bringing to Council a proposal for an increase in retail Wastewater Rates of 3% TAPE #1419 City Council Reg. October 30, 1996 Page 13 of 15 Mtg. Minutes to be effective on January 1, 1997. Mr. McConnell questioned if he recalled correctly that a 5% increase would be implemented annually on July 17 Mr. Hanna stated no, there was a one time 5% rate in July 1996 and their analysis projected from that point forward a 3% rate increase each January 1. Mr. McConnell stated then the 5.5% doesn't mean anything as far as rate increase. Mr. Hanna stated it does because the 5% rate increase took place at mid year 1996, 2.5% will be reflected in the Utilities revenue 1997 over 1996 and the remaining three will be the next increase, which would all be an increase in 1997 over 1996 for a total of 5.5%. Mr. M¢Connell questioned if RCW 82.18 states the maximum tax increase for items under this section is 6%? In 1986, the Garbage Tax was moved out of RCW 82.16 into RCW 82.18, which removed it from the section that allowed any amount to be charged into a section that limited the rate of tax. He believes the State Legislature had a reason for moving it from "16" into "18". He talked with members of the legislature and their comments were there was no intent to leave the Garbage Tax where a higher rate could be charged. Ian Sievers, City Attorney, stated there is a controversy over what the Legislature intended by that recodification of Garbage Service from 82.16 to 82.18. The Association Of Washington Cities took the position that it wasn't intended to affect the taxability of those services by cities, but simply reorganize that under its own chapter. SA- ORDINANCE (FIRST READING) LEVYING PROPERTY TAXES FOR COLLECTION IN 1997t #AB96-248 The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will enact a general property tax levy at the statutory rate limit and special levies for Emergency Medical Services and Bond Redemption at rates previously authorized by the voters. Rich Hanna, Acting City Clerk, noted a comparison for Property Tax Levies 1996 vs 1997 was included in the documentation provided to Council. That comparison shows the changes in all three components of this equation: Assessed Valuation changing by 3.09%; total Tax Rate changed by 0.28%; and the City's Tax Revenue will change by 3.56% between 1996 and 1997. Public comment - none. Mr. Mcconnell stated he believed the reason the 911 Ballot measure failed was due to its impact on property taxes. He views this proposal as a double hit because of the massive reappraisal coming out of the county that will increase property values. He felt the reappraisal of properties would increase the income to the City due to the higher evaluations of properties. There has to be some way that taxes, such as through emergency levies, can be generated in TAPE #1419 City Council Reg. October 30, 1996 Page 14 of 15 Mtg. Minutes order to service the residents properly. He did not support taking the 106% tax increase. Mr. Hanna explained the proposed ordinance does not levy property taxes to what is commonly referred to as the 106% limit. The City's authority to levy property taxes is limited by two different statutes, the 106% levy limit, which states the City's property tax cannot grow at a rate greater than 6% per year. The other constraint that is imposed by statute, and is operative this year, sets an absolute maximum on the City's property tax rate. The City is at that maximum rate and that is why the rate is growing by only 0.28% and Property Tax revenue is only growing by 3.58% this year. Mr. Mcconnell stated now that the library bonds are paid off it is unfortunate that the people won't see any decrease in their property taxes. Mr. Neville referenced the memorandum provided by Mr. Hanna, which was very informative, and asked that it be read for the benefit of the public. Mr. Hanna comDlied with Mr. Neville's request. Mr. Neville pointed out Council will be starting the 1997 Budget review process on November 5, and encouraged members of the public to attend the various Study Sessions, which are open to the public. M/S/C(Montgomery/Neville) to approve ordinance on first reading, levying Municipal Taxes against all the taxable property within the City limits of Bremerton for the year 1996, and approving the assessment roll made by the Assessor of Kitsap County, therefore to be collected in the year 1997. Vote on Motion: Motion carried. In Favor: opposed: Neville, Overson, Menees, Law McConnell Montgomery, Huff- 8B- ORDINANCE (FIRST READING) AMENDING PARKS PROTECTION ORDINANCE TO ADD ADDITIONAL CITY-OWNED PROPERTIES TO LIST OF PARKS PROVIDED FOR IN BMC 13.12, #AB96-249 The 1989 Citizen's Referendum, Ordinance No. 4283, "Parks Protection Ordinance" authorizes the City Council to add properties to the protected parks listing in the Bremerton Municipal Code 13.12.020 by City Council majority vote of those present. The proposed ordinance provides for the amendment to the current list of commonly known parks of the City of Bremerton, adding additional City-owned properties to the list which properties have been utilized by the City of Bremerton and its citizens for parks. Jod¥ Wroblewski, Assistant Parks and Recreation Director, stated this proposal is really a housekeeping measure that would amend the Parks Protection Ordinance to include a number of properties that were not on the original list and to delete one property that is no #1057 TAPE #1419 City Council Reg. October 30, 1996 Page 15 of 15 Mtg. Minutes longer under Park and Recreation's auspices, and to make editorial corrections. Del Knauss, Bremerton resident, urged Council to support the proposal as presented and thanked Mr. McConnell for helping the process get started. He was particularly pleased to see the S.P. "PAT" CAREY VISTA" added to the ordinance. Mr. Overson questioned if the Bremerton Board Walk was all on City property or was some of it on Port of Bremerton property? And, by adding it to the ordinance would it put an onus on any kind of proposed changes to that area encompassed by the proposed Sinclair Landing project? Mayor Lynn Horton stated she did not believe it would affect the Sinclair Land project. Mr. Overson's observation about land ownership is correct, although there is more to the park than just the boardwalk. Mr. Overson questioned then by default the City could not put any Port of Bremerton property under this ordinance? Ian Sievers, City Attorney, stated it is not the Port's or city's property. The Port of Bremerton has a Harbor Management Agreement with the Department Of natural Resources. Mr. Overson asked if Rota Vista Park is City property? Mr. Sievers stated yes. M/S/C/U(Neville/Montgomery) to approve ordinance on first reading, amending Chapter 13.12 of the Bremerton Municipal Code to add additional City-owned properties to the list of parks provided for in the City's Parks Protection Ordinance. President Law thanked the TV camera crew for their services: Nadine price, Robert Rupe, and Patricia Mathas. With no further business meeting adjourned at 7:36 P.M. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Bureau of Justice Assistance FOR AGENDA OF: 11-13-96 Local Law Enforcement ORIGINATING DEPT: Police Block Grant - 1997 ORIGINAT©R: ~hief Du Fresne DATE SUBMITTED: 11-5-96 Treasurer EXHIBITS: Grant Award Letter ~ ~ ~ -- COUNCIL PRESIDEN~T~-~ MAYOR 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The City has been awarded $52,029.00 from the U.S. Department of Justice for the year 1997. This block grant must be accepted by the Mayor within the next two weeks. We request approval for the Mayor to accept. These funds will be included in the 1997 budget and presented to council during budget review. o RECOM}4ENDATION: Recommend acceptance of this block grmnt. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Chief of Police EXPIB3~TION DATE: 12-31-97 REVIEW DATE: 9-97 PULLED TABLED __ COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 17 IMPACT ON NON-PASSAGE: The funds will not be used by the City. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES We expect to use the funds to purchase capital equipment. Impact will be presented at 1997 budget hearing for the Department. Office off lns~ce cmgra -- Bureau of .Justice Assistance Office of thc Director Wa.*hington, D.C. 20531 September 30, 1996 Lynn S. Horton Mayor city of BremertOn 239 4th Street Bremerton, WA 98337 RE: Local Law EnforQement Block Grants Program Dear Ms. Horton: I am pleased to inform you that the Bureau of Justice Assistance (BJA) has approved the City of Bremerton'S the Local Law Enforcement Block poSefunding under application f°r(LLEBG), in the amount of $52~029. The~ GrantS Program . ~ ~e~uce crime and improve P~ of the LLEBG Program_iS ~°~.a~d may be used for any cz ~e safety. This Block ~ranu ~ Purpose Areas described in the statute- Enclosed you will find the Grant Award and Special conditions documentS- please sign these forms and return a copy to the LLEBG Control Desk, Room 304-C, Financial Management Division, office of the Comptroller, office of justice programS, 633 Indiana Avenue, NW, Washington, D.C. 20531- If you have any questions in regard to this award, or if BJA can be of further assistance to you, please do not hesitate to contact the Grants Administration Branch, Local Law Enforcement Block Grants program Division at (202) 305-2088. 'nuin partnership with the City of I look forward to a contm .g ~ ~inal justice BremertOn in furtherance of this zmportanu ~ program- Sincerely, Nancy m. Gist Director Enclosures MAYOR'S OFFICE AGENDA BILL BREMERTON CiTY COUNCIL 1,_~,~,~ ORDINANCENO. REDUCING THE B& O TAXON GARBAGE AND REFUSE BUSINESS FOR AGENDA OF: Nov.~;, 1995 ORiGINATiNG DEPT: Treasurer ORIGINATOR: R. Hanna DATE SUBMITTED: Oct. 21, 1996 2~ Comment of back if necessary) Dir Admin Sen/. City Att o r ney.._ ~,~r'-~-~. Fiscal & Budget Comm. ~t.~ 3. EXHiBiTS: Proposed Ordinance APPROVED BY.~.~.~L PRESIDENT FOR SUBMITTA COUNCIL PRESIDE~--~-~__r-~ SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This ordinance will continue the process begun in January of 1995 of gradually reducing the B & O Tax on garbage and refuse businesses within the City to a level consistent with utility tax rates. The intention is to reduce the tax rate by one percent each year. Motion to approve on first reading the Ordinance reducing B & O tax on refuse businesses. Motion to pass on second reading Ordinance No. reducing B & O tax on refuse businesses. 9. RESPONSIBLE OFFICIAL: Dir Admin. Ser. ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: November 1997 PULLED C D C IVE: 10. NOTIC_E OF ACTION TABLED APPROVED DISAPPROVED AMENDED __ Iq 11. AGENDA BILL NO: q& 8A CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Continuation of the current tax rate. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCEjS; Included in the Preliminary 1997 Budget. This change in tax rate reduces revenue by $45,000 from the current rate. 7. RESEARCH SOURCES: Ordinance No. 4535. ORDINANCE AN ORDINANCE relating to occupation tax for the garbage/refuse business, and amending Chapter 5.02 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 5.02.070 of the Bremerton Municipal Code is amended to read as follows: 5.02.070 OCCUPATION TAX - RATES - WHO MUST PAY - UTILITIES. There is hereby levied upon and there shall be collected from every person as hereinafter provided for the act or privilege of engaging in business activities within the City, whether his office or place of business be within and/or without the City, an occupation tax, sometimes herein referred to as the "tax', in amounts to be determined by application of the rates given against the value of products, including byproducts, gross proceeds of sales or gross income of the business, as the case may be, as follows: (p) Upon every person, firm, or corporation engaged in the business of collecting garbage, refuse, hazardous materials or other waste within the corporate limits of the City an annual tax of -1-8 seventeen percent (17%) of the total gross income rendered within the City, effective January 1, 1997. Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,1996. PASSED by the City Council of the City of Bremerton this day of ,1996. APPROVED this day of JOHN LAW, Council President , 1996. A'i-I'EST: LYNN HORTON, Mayor KATHLEEN MCCLUSKEY, City Clerk Ordinance authorizing Condemnation of Property for Expansion of Evergreen Park AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: ORIGINATING DEPT:Parks ORIGINATOR:I. Sievers, DATE SUBMITTED:il/5/96 City Att~' 2. ~ ,~~: (Comment on back if necessary) pa~rec ~'~ Director Publi~nd U ' ' ' Tr e a s u~ er~~~~/~ ~,~ ~, - ~ CO~CIL CO~ITTEES 3. EXHIBIT8: Evergreen Park Master Plan Proposed Ordinance ENDORSEMENT ~ I~N/F~TION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SU~RY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The proposed ordinance authorizes acquisition of the remaining properties in th area surrounding Smith's Cove to the south of Evergreen Park which has bee designated for park use in the Evergreen Park Master Plan. The condemnation are is bounded by Smith's Cove, Sheldon Blvd. and Highland Ave. The city has contracted with Failure Analysis Associates to complete a Remedia Investigation/Feasibility Study on the expansion area. Cleanup costs are expects to equal or exceed fair market value for the properties. The city has enters into an option agreement for the Brem-Air Site separating the condemnation are and Evergreen Park. Council approval will be required to exercise the option c this property and to finalize any purchase of the condemnation properties. 8. N ON: Approve proposed ordinance authorizing condemnation for Evergreen Park Expansi¢ on first reading and pass on second reading. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. ~OTICE OF ~ PULLED [] TABLED [] APPROVED COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: [] DISAPPROVED [] AMENDED [] DATE: 11. AGENDA BILL NO.: SMITII COVE % 3 rlN'~AV Ol.::llOVcl ORDINANCE NO. __ AN ORDINANCE authorizing the purchase of properties through condemnation for the purpose of expanding Evergreen Park. WHEREAS, the City has adopted the Evergreen Park Master Plan calling for acquisition of addition property surrounding Smith's Cove for park use; WHEREAS, has retained a consultant to study environment remediation costs associated with the park acquisition and wishes to proceed with acquisition of properties designated in the Master plan should the project prove feasible, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Necessity for condemnation. The City finds that it is necessary to acquire those parcels identified in the Evergreen Park Master Plan for use as additions to Evergreen Park as more fully described in Exhibit "A" attached hereto and incorporated by reference herein. Section 2. Condemnation. The City shall proceed to condemn those parcels set forth and legally described in Exhibit "A". The Mayor is authorized to negotiate purchase agreements in lieu of condenmation subject to final approval by the City Council. Section 3. Funding. The City shall pay the cost of the condemnation from the Roosevelt Field Replacement Fund 622. Section 4. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this __ day of 1996. PASSED by the City Council of the City of Bremerton this __ day of ,1996. ATTEST: LYNN HORTON, Mayor KATI-ELEEN McCLUSKEY, City Clerk - LEGAL DESCRIPTION FOP ~. LOFTHUS PROPERTY DESCRIPTION~ EXHIBIT NO. ", THAT PORTION OF BAY VIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ALL OF LOT 4, THE NORTH 6 FEET OF LOT 5, ALL OF LOT 6 AND ALL OF LOT 7, EXCEPT THE SOUTH 30 FEET THEREOF OF BLOCK 5; LOTS 1, 2 AND 3 OF BLOCK 6; ALL OF BLOCK 4; EXCEPT FROM LOT 1 BLOCK 6, AND BLOCK 4, THE TWO PARCELS OF LAND DESCRIBED AS FOLLOWS: EXCEPTION A: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE WESTERLY ALONG THE SOUTH LINE OF BLOCK 4 TO A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH LINE; THENCE NORTHWESTERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE A DISTANCE OF 200 FEET, MORE OR LESS, TO A POINT INTERSECTING THE WEST LINE OF SAID LOT 1, BLOCK 6; THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 175 FEET; THENCE NORTH 62° EAST 250.00 FEET MORE OR LESS, TO THE WATERS OF PUGET SOUND; THENCE SOUTHERLY ALONG THE SHORE TO THE SOUTHEAST CORNER OF SAID BLOCK 6; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHERLY LINE OF BLOCK 6 TO A POINT ABOUT 14 FEET NORTHEASTERLY OF THE NORTHEAST CORNER OF BLOCK 4; THENCE SOUTHERLY ALONG THE STREET TO AN INTERSECTION OF THE EAST LINE OF SAID BLOCK 4; THENCE ALONG SAID EASTERLY LINE OF BLOCK 4 TO THE POINT OF BEGINNING. EXCEPTION B: ALSO EXCEPT BEGINNING ON THE SOUTH LINE OF BLOCK 4 AT A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT THE SOUTH LINE; THENCE NORTHERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE OF BLOCK 4, 140.4 FEET; THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID BLOCK 4 A DISTANCE OF 41.17 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING. ALSO EXCEPT FROM LOT 3, BLOCK 6, THE FOLLOWING: BEGINNING AT AN ANGLE POINT ON THE GOVERNMENT MEANDER LINE, SAID POINT BEING ON THE WEST MARGINAL LINE OF WATER STREET, AS SHOWN BY ALL HARBOR AREA MAPS; THENCE FOLLOWING GOVERNMENT MEANDER LINE NORTH 33°34' WEST 264.18 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWESTERLY LINE OF LOT 3 BLOCK 6, A DISTANCE OF 300.00 FEET; THENCE SOUTH TO A POINT 50 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST 50 FEET TO POINT OF BEGINNING; ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PROPERTY ANY TIDELAND INCLUDED THEREIN WHICH MAY BE OWNED BY THE STATE OF WASHINGTON AND WHICH WERE NOT INCLUDED IN THE STATE'S DEED RECORDED UNDER AUDITOR'S FILE NOS. 18561 AND 18562. 27 DESCRIPTION: LEGAL DESCRIPTION FOR PUGET SOUND POWER & LIGHT EXHIBIT NO." BEGINNING ON THE SOUTH LINE OF BLOCK 4, BAYVIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO pLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, AT A POINT WHERE A LINE DRAWN pAR3%LLEL TO AND 30 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT SAID SOUTH LINE OF SAID BLOCK 4, RUNNING THENCE NORTH 37049, WEST AND PARALLEL TO SAID EASTERLY LINE OF SAID BLOCK 4, 140.4 FEET; THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID BLOCK 4, TO A POINT WHICH IS 41.17 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST 41.17 FEET TO POINT OF BEGINNING; ~J~SO T~AT CERTAIN LAND SITUATE IN SAID CITY OF BREMERTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THE SOUTHEAST CORNER OF BLOCK 4, SAID BAYVIEW ADDITION; THENCE WESTERLY ON THE SOUTH LINE OF SAID BLOCK 4, TO A POINT 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4, ALONG A LINE PERPENDICULAR TO SAID EASTERLY LINE OF SAID BLOCK; THENCE IN A NORTHWESTERLY DIRECTION PARALLEL WITH SAID EASTERLY LINE OF SAID BLOCK 4, ABOUT 200 FEET TO A POINT INTERSECTING WITH THE WEST LINE OF LOT 1, IN BLOCK 6; THENCE ALONG THE SAID WEST LINE OF SAID LOT 175 FEET; THENCE NORTH 62° EAST, 250 FEET MORE OR LESS TO THE WATERS OF PUGET SOUND; THENCE IN A SOUTHERLY DIRECTION ADONG THE SHORE TO THE NORTHEAST CORNER OF LOT 4, IN BLOCK 1; THENCE ALONG THE MEANDER LINE SOUTH 62° WEST TO A POINT ABOUT 14 FEET EAST OF THE NORTHEAST CORNER OF BLOCK 4; THENCE IN A SOUTHEASTERLY DIRECTION ALONG A STREET TO AN INTERSECTION OF THE EASTERLY LINE OF SAID BLOCK 4; THENCE ALONG THE SAID EASTERLY LINE OF BLOCK 4 TO THE POINT OF BEGINNING; ALL BEING IN BAYVIEW ADDITION TO BREMERTON, KITSAP COUNTY, WASHINGTON; LESS TWO CERTAIN TP~ACTS HERETOFORE SOLD AND CONVEYED TO THE OLYMPIC POWER COMPANY, DESCRIBED AS FOLLOWS: (a) BEGINNING AT A POINT 12 FEET SOUTH OF THE NORTHWESTERLY CORNER OF SAID TP~ACT SECOND ABOVE DESCRIBED, SAID CORNER BEING MARKED BY AN IRON BOLT NOW EXISTING; THENCE NORTH 43048, EAST 34 FEET; THENCE SOUTH 46012' EAST 34 FEET; THENCE SOUTH 43048, WEST 34 FEET AND THENCE NORTH 46012' WEST 34 FEET TO THE PLACE OF BEGINNING, CONTAINING .026 OF AN ACRE, IN WHICH THE CONCRETE FOUNDATIONS FOR THE STEEL TOWER OF THE OLYMPIC POWER COMPANY ARE NOW LOCATED. (b) BEGINNING AT A POINT ON THE EASTERLY LINE OF BLOCK 4, BAYVIEW ADDITION TO THE CITY OF BREMERTON, WHICH POINT IS NORTH 47049' WEST 86.5 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE ALONG A LINE PERPENDICULAR TO SAID EAST LINE OF BLOCK 4, 30 FEET; THENCE ALONG A LINE NORTH 47°49' WEST PARALLEL TO THE SAID EASTERLY LINE OF BLOCK 4, 25 FEET; THENCE ALONG THE LINE PERPENDICULAR TO SAID EASTERLY LINE OF BLOCK 4, 30 FEET AND THENCE SOUTH 47049, EAST ALONG THE SAID EASTERLY LINE OF BLOCK 4, 25 FEET TO POINT OF BEGINNING. AGENDABILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # f~(~ T , regarding recovery of fees for the abatement of the property located at 2908 13th Street FOR AGENDA OF: 11/13/96 ORIGINATING DEPT: Building Dent. ORIGINATOR: Judy Johnson ~Z4t3 DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: necessary) ~X, 1. Resolution # Ci. ty Clerk:'~ ~i~_~ 2. Clerk Report City Attorney: City Treasurer: ~ ENDORSEMENT)~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. On September 17, 1996, the City's Public Works Department removed garbage and debris from the yard of the property located at 2908 - 13th Street after the owners, Cuchullaine and Johanna O'Reilly, failed to do so as ordered by the Building Official. The revolving abatement fund was charged a total of $1,082.30. Council must now decide if the fees were just and reasonable. RECOMMENDATION: It is recommended that Council, by Resolution # ~ff~ f~, order that the fees incurred for the abatement of garbage and debris at 2908 - 13th Street be collected as reasonable abatement costs and become a personal judgment against the owners, which will become a lien against the property if not paid within 30 days. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLU ON # A RESOLUTION reviewing charges for the abatement of the property at 2908 - 13th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for the removal of garbage and debris on the property located at 2908 - 13th Street; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs by personal judgment against the property owner, which will become a lien against the property if not paid within 30 days; and WHEREAS, the City Council is charged with determining whether the fees are just, and has considered the report of charges filed by the Building Official and any protests or objection filed; now, therefore, BE 1T RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,082.30 for the property located at 2908 - 13th Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a personal judgment against the owners, Cuchullaine and Johanna O'Reilly, which if not paid within 30 days will become a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of JOHN LAW Council President ~ITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: November 4, 1996 Kathleen McCluskey, Director of Administrative Services Judy Johnson, Permit Manager Abatement of 2908 - 13th Street, Bremerton Don Pratt, Director of Community Development The City's revolving abatement fund was charged $1,082.30 for the removal of garbage and debris from the yard of the property located at 2908 - 13th Street after the owners, Cuchullalne and Johanna O'Reilly, failed to do so as ordered by the Building Official. The work was performed by Public Works on September 17, 1996. I have scheduled a public hearing before the City Council on November 13, 1996 to hear this matter. · Celebrating 50 Years of Freedom · CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE '* ...... '~ ,--' ~ T'~NSF---~= 5046 (R~ENUE DEPARTMENT) ~ (~XPENDITURE DEPARTMENT) DESCRIPTION Ch~ge6 Fer a~ached su~mma~ty 4-,~. Sep,_¢mee % ¢gga 5LA£ Labor EquiFment Total ___.._ TOTAL 1,355.00 819.50 ~6.,~v ACCOUNT PROJE 42-349.4200 (Sign Here). REVENUE DEPARTMENT SUPERVISOR (Sign Here) EXPENDITURE DEPARTMENT SUPERVISOR Tue Cci 22, 1~:8 4:05 u Ci~v of ~remertcn Wcrk Order Date Customer Description Work Order ~ :SD960095 Title :A~ATEMEN~ 2908 i3 ~ STKEET Szatus :S Work Type Foreman :225 Lead Emp!cyee:243 Priority : Date Targeted: Da~e Entered :09/16/98 Date A~si~ned:09/16/9~ Date Started :09/17/96 Date Finished:09/17/96 PAGE ~egu!ar Cvertime C3s:s 09/17/96 BLAB AJ~ATEMElqT 2908 13th STREET STElrE BOW~3%N COLEN COREY JOHN COREY '90 IN'r. 5 YA=~D DUMP TRUCK FiADLEY F~ENTN~R '90 INT. 5 YAP, D DUMP TRUCK '95 KING 40 TON T.~AILER '94 ~II)410 BACkhOE M/LRK A. THOMPSON '93 OMC 1-TON DUMP RILEy THOMPSON '91 GMC S-15 4X4 EXT. CA~ P/U DUMP FEES FOR 1996 OL¥.~FILL DL~P ~UH/TE GOODS SU~I3LRy FOR W.O. # SD980095 Labor $605.00 Benefits $0.00 Eq"uipment $343.~0 Materials $133.80 Sales Tax $0.00 Total $1,082.30 Use Tax Labcr Ecurs Est: Materials Est : Equipmen~ Est : $0 Location :N40!42~0 S0.00 4.5 hr 123.75 1.0 hr 27.50 4.5 hr 123.75 4.5 HR 58.50 4.5 hr 123.75 4.5 ER 58,50 4,5 ER 40.50 4.5 HR 144.00 4.5 hr 123.75 4.5 HR 38.00 3.0 kr 82.50 1.0 ER 6.00 10.0 ~ 103.80 !,o iN 3C,OO 22.0 hfs .0 hrs $1,082.30 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ~'"~ ~ , regarding recovery of fees for the abatement of the property located at 1706 Elizabeth Avenue FOR AGENDA OF: il/13/96 ORIGINATING DEPT: Building Dept. ORIGINATOR: Judy Johnson ~4o DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: City Treasur?: ,~~ ENDORSEMENT/~ INFORMATION __ APPROVED BY COUNCIL PRE/~T 2R S~L: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On September 17, 1996, the City's Public Works Department removed furniture, garbage and debris from an open garage located on the property at 1706 Elizabeth Avenue after the owner, R. A. McConkey, failed to do so as ordered by the Building Official. The revolving abatement fund was charged a total of $774.80. Council must now decide if the fees were just and reasonable. RECOMMENDATION: It is recommended that Council, by Resolution #~O~'~ , order that the fees incurred for the abatement of garbage and debris at 1706 Elizabeth Avenue be collected as reasonable abatement costs and become a personal judgment against the owner, which will become a lien against the property if not paid within 30 days. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: ~6 ",~b I 35 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFF1NG~ BUDGETS~ FACILITIES~ E{)U1PMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. o RESEARCH SOURCES: N/A RESOU T OS # £ A RESOLUTION reviewing charges for the abatement of the property at 1706 Elizabeth Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for the removal of garbage and debris on the property located at 1706 Elizabeth Avenue; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs by personal judgment against the property owner, which will become a lien against the property if not paid within 30 days; and WHEREAS, the City Council is charged with determining whether the fees are just, and has considered the report of charges filed by the Building Official and any protests or objection filed; now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $774.80 for the property located at 1706 Elizabeth Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a personal judgment against the owner, R. A. McConkey, which if not paid within 30 days will become a lien against the property. PASSED, by the City Council of the City of Bremerton this day of 19 JOHN LAW Council President 37 ~ITY OF BREMERTON * 239 4th Street * Bremerton, WA 98337 Memorandum DATE: November 4, 1996 TO: Kathleen McCluskey, Director of Administrative Services FROM: Judy Johnson, Permit Manager RE: Abatement of 1706 Elizabeth Avenue, Bremerton CC: Don Pratt, Director of Community Development The City's revolving abatement fund was charged $774.80 for the removal of garbage and debris from the garage located at 1706 Elizabeth Avenue after the owner, R. A. McConkey, failed to do so as ordered by the Building Official. The work was performed by Public Works on September 17, 1996. I have scheduled a public hearing before the City Council on November 13, 1996 to hear this matter. · Celebrating 50 Years of Freedom C~TY OF BREMERTQN INTERFUND TRANSFER CFTYOEPARTMENTSONLY DATE ~¢'¢3'c~ Tq-ANSFE=,= 50-~6 COMPLETE Tm,S FORM IN ~,LrPLICATE AND P, ETURN TO A~,COLiNTS ¢.;',¥ -;EL': (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL (Sign Here). Ch~ge~ ~ a~ached s~mm~y for: ACCOUNT PAOJECT AMOUNT 42-3~9.4200 ..... 2,530.90 REVENUE DEPARTMENT SUPERVISOR Labor Equipment Total ACCOUNT (Sign Here) BLAS 1,355.00 819.50 $56.~0 2,530.90 PROJECT AMOUNT EXPENDITURE DEPARTMENT SUPERVISOR Tue Gc% 2%, 1996 4:05 pm City cf Bremert~n - Streezs PAGE Work Crier Ristcr:,' Date Customer 2escri~%icn Wcrk Crder# :SD9~0094 Title :ABATE,.vSh~ 1706 ELISA~ETH CLEAN UP Status :S Work Type :AO Lead Emp!cyee:243 Priority : Date Targeted: Date Entered :09/16/96 Date Assigned:09~16~98 Date Started :09/17/96 Date Finished:09/17/96 Labor Hcurs Est: 0 Materials Es5 : SC Equipment Es~ : SC Lccauion ~N4Z142gC 09/17/96 BLA~ BLAB ABATEMENT 1706 ELISABiTH CLEA~N UP STEVE BOWMA~ COLEN COREY JOHN COREY '~0 INT. 5 YARD DUMP TRUCK HADLEY KENTN]ZR '90 INT. 5 yARD D%74P TRUCK '95 KING 40 TON T.~AiLER '94 JD410 BAC~qOE MARK A. T~.iOMPSON '93 OMC 1-TON D~4P RILEY THOMPSON '91 OMC S-!5 4X4 EXT. CAB P/U DL~P F~E$ FOR 1996 3.C hr i.C hr 3.0 hr 3.3 H.~. 3.0 hr 3.0 KR 3.9 3.0 HR 5.0 kr ].C HR i.C hr !.0 HR 1O.C 18. O hfs FOR W.C. ~ SD960C94 Labor $440.00 Benefits S0.00 Equipment $231.00 Materials $103.80 Sales Tax SC.C0 Total $774.80 Use Tax $0.00 · 0 hfs 82.59 27.50 82,50 39.00 82.50 39.00 27.60 96.00 82.50 24.00 82.5G 6.00 103.80 $774 .80