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CITY COUNCIL MEETING MINUTES
APRIL 12 , 1995
#0018
#0033
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, April 12, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, Richard Neville, David Farr and Lon Overson.
Also present were City Attorney Ian Sievers and City Clerk Kathy
McCluskey.
The.meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor Bud Fraser of
First Baptist Church of Bremerton.
President Huff-Menees announced Agenda Item 7F had been pulled off
the Agenda.
CONSENT AGENDA
A. Minutes of Meeting - March 22, 1995
#AB95-076
M/S/C(Neville/Farr) to approve Consent Agenda as presented:
Vote on motion:
Motion carried.
In Favor: Neville, Farr, Law, Huff-Menees,
Montgomery, Dawkins, Colvin,
Winters
Abstain: Overson
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 April 12, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 183510, 183526, 183533 through 183702, 183731 through
183897 in the amount of $927,979.42.
President Huff-Menees made the following announcements:
(1) City Council Executive Session, immediately' following this
Council meeting to discuss "Litigation";
(2) City Council Study Session, immediately following this meeting
Council meeting - topics of discussion "Utility Finances" and
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"Prosecution Contract".
(3) City Council Executive Session, Wednesday, April 19, 5:00 -
5:20 P.M., on "Labor Negotiations".
COUNCIL MEMBER REPORTS
Mr. Winters reported on Saturday, April 8, he had the honor of
representing the Mayor and reading a Proclamation at a
co~tmemorative event held at Bataan Park. He congratulated the ex-
prisoners of war and theAmerican-Filipino men and women who served
as well. He thanked Councilmen Law, Montgomery and Overson for
their support at that event. Recently, he was asked about the
City's "Christmas In April" program and was not sure when that
activity took place. Mr. Dawkins reported "Christmas In April"
will take place on April 29 and will include four homes in
Bremerton and one in Port Orchard. Mr. Winters extended "Happy
Birthday" greetings to his father, wife and father-in-law.
Mr. Colvin reported on Tuesday, April 11, he had the pleasure of
meeting with Senator Betti Sheldon, Senator Bob Oke and Senator
Brad Owen in Olympia. He found his visit to Olympia to be very
fruitful and was pleased that our elected officials desire to keep
in touch with their constituents at times other than when they are
running for office. He received a letter from an individual
inquiring about the "first time homebuyer" program and wanted to
pass on the information to the appropriate department. He
commended Mrs. Dee Fitzwater, member and active person in District
#1, for being selected to receive a YWCA Women Of Achievement Award
at a luncheon on April 27, at the Kitsap Golf & Country Club. He
extended "congratulations" to all of the women who have been
selected to receive that award. He welcomed Dr. Keith R. Redd, who
recently took over Dr. Tom Proteau's dental practice. Someone
misunderstood his vote on an issue at the April 5th Council meeting
- he did not vote against the sale of the Anderson Hill watershed
property. He voted against selling Anderson Creek as part of the
City's surplused property due to its ecological sensitive nature.
Mr. Montgomery reported he did attend the memorial service at
Bataan Park, which was very well conducted. It concerned him that
once again "The Sun" newspaper was not represented at that event
nor was anything mentioned about it in newspaper. For a military
town, he felt it was not appropriate for a local newspaper to not
report something on such an event. He asked that the Editor of
"The Sun" take a better look at his agenda.
Mr. Law reminded everyone of the next District #3 Neighborhood
Meeting to be held on Tuesday, April 18, at the Senior Center on
Nipsic Avenue. The program for that meeting will be an "Open
Forum" to discuss issues and concerns.
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Mr. Farr reported at the April 5th Bremerton-Kitsap Health
Department board meeting a presentation was made by some young
people interested in looking at the percentage of sales of
cigarettes to youth in an effort to reduce the number of young
people being addicted to tobacco. One of the statistics given at
that presentation was the percentage of retailers who sold to
minors throughout Kitsap County. Bremerton stood out with the
highest percentage of retailers that sold cigarettes to under aged
children. Fines were levied against the businesses ($150.00) as
well as the sales clerks ($50.00), who sold the cigarettes. He
hoped that from this study there will be less cigarette sales to
minors.
Mr. Neville extended a "thank you" to all the citizens of Bremerton
and especially people living in the Warren Avenue basin, for their
patience during the construction that is going on in their area. It
is his understanding that the construction project is on track and
on schedule.
Mr. Overson reported the ceremony at Bataan Park was very good and
he extended compliments to Bob Sauter and everyone involved in that
event. He also complimented the Parks group and citizen group that
maintain Bataan Park. He wanted everyone to take notice that
several new trees were planted in memory of military veterans. He
attended the Ferry Riders Coalition meeting on Monday evening and
Mr. Paul Green, head of the ferry system, and some of his high
level staff, provided quality information. He encouraged anyone
interested in the ferry system to attend future meetings sponsored
by the Ferry Riders Coalition. On Tuesday he received an intense
familiarization with the Harbor Tours, located next to the Turner
Joy.
MAYOR'S REPORT
Mayor Lynn Hotton thanked Councilman Winters for attending the
Bataan celebration as Mayor Protem. She announced there will be
Spring Clean Up and Earth Day activities, which will include a
"clunker vehicle clean up". If anyone within the City has a
clunker they would like removed, they can call 478-5223 and leave
their name, address and description of the vehicle. The City's
annual Spring Clean Up will be conducted from April 15 to April 22.
Organic garden materials may be brought to Evergreen Park for
disposal (4-15 12:00 Noon to 6:00 P.M., 4-16 through 22nd 11:00
A.M. to 7:00 P.M.).
Mayor Horton noted today is ARBOR DAY and she highly recommended
going out and planting a tree. Today, Bill McKinney, Forestry
Manager, and the City's new Urban Forester Kevin McFarland, talked
with students at the Mt. View Middle School about the City's
watershed, urban forestry program, and provided some trees to be
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planted on the school site.
The City is in the process of redistricting the City Council
Districts and there are some dramatic changes, but by and large
most districts will be altered, which is due to equal distribution
of the population. A public hearing is scheduled for the
Redistricting process and a map will soon be available for viewing
in City Hall.
Another issue Mayor Horton will be bringing before Council soon is
downtown parking, particularly the "repark" issue, which she is
proposing to remove from the parking plan. She expects to bring
the item before Council at a Study Session or public forum type
meeting in early May.
Mayor Horton read the following Proclamations:
(1) May 1, 1995, Loyalty Day, accepted by Bob Sauter, who also
pointed out the importance of "Law Day" and encouraged everyone to
take time to reflect upon our great laws of our nation, state,
county and city.
(2) April 16 - 22, 1995, Count Down To Earth Day '95", accepted by
Don Larson, who reminded everyone of the Sinclair Inlet Clean Up
activities scheduled for April 22. Mr. Larson introduced Leslie
Banegan, Tex Lewis and Dennis Korvika, who are also involved in the
Earth Day activities.
Mayor Horton reported the City is in the process of having someone
from Art Anderson and Associates look at the recommended choices
for fixing the City's fire boat.
PUBLIC RECOGNITION
Bob Sauter reported legislation has been recently passed in Olympia
through the forceful effort of all the veterans in the State of
Washington providing for $50,000 seed money for a WWII Memorial.
The next step will be for Mr. Sauter and representatives from the
veterans organization to ask the cities to give a sizeable
contribution to this effort. If every veteran in the State of
Washington donated $1.00, there would be enough money to put up a
monument costing three quarters of a million dollars. He
encouraged all veterans and citizens to "dig deep in their pockets"
to support this project. He hoped Bremerton would be the first
City to make a contribution to that memorial, regardless how small
or large. but he suggested $100.00 for each name listed on the
plaque, located inside of City Hall. Veteran legislative activity
included passing a Flag Desecration Amendment and they were
instrumental in getting funds allocated for Crown Hill Elementary
School.
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Peter Myers, property owner near the sewer treatment plant, voiced
his concern over the possibility the City would condemn his
property and he does not want to move. He views that action as
"land grabbing" and didn't believe the City was making fair offers
to purchase homes or commercial buildings within the proposed
condemnation area.
David Johnson, property owner near the sewer treatment plant,
stated he has reviewed the State Environmental Act and SEPA
Checklist and is a member of the Citizens Involvement Committee for
the odor control project. The questions raised during their
committee meetings since September, 1994, about the condition of
the neighborhood and what's going to happen to it, never addressed
theimplementation of a condemnation process until recently. It has
been something that has been included with the project. He read
Question 7A of the SEPA Checklist: "Do you have any plans for
future additions, expansion or further activity related to or
connected with this proposal? If yes, explain". The response to
that question by the City was "No". He referenced page 10 of the
Checklist under "Housing" No. 9: "Approximately how many units
would be provided, if any, indicate whether high, middle or low
income". The response to that question was "None". "Approximately
how many units, if any, would be eliminated, indicate whether high,
middle or low income". The response to that question was "None".
"Proposed measures to reduce or control housing impacts, if any?
The response to that was "None Required". Mr. Johnson discussed
these points with the City's Planner, who stated he believes the
condemnation process would be a separate project. However, when
ever his citizens committee had meetings, the buffer zone
acquisition was always a major and most controversial part of the
discussion. He could not see any way possible that it would not be
a part of the project, if the City is planning to condemn that
neighborhood and offer the people less than what they would need to
move to another area. He asked the City to reconsider changing
the answers to the questions he cited and to further study how to
properly displace 50 homes.
Stacy Rose, property owner near the sewer treatment plant, stated
when he purchased his home he was told there was a sewer treatment
plant odor problem and the plant would be repaired by January of
1996, so he went ahead and purchased the home. He questioned why
was he allowed to purchase his home and invest another $10,000 to
improve it when the City knew it was intending to bring about
condemnation efforts later on? Interest rates were low at the time
he purchased his home, however, they are much higher at the present
time, which could preclude him from being eligible to relocate to
another area and he would very likely end up "out on the street".
He asked what the City expected him and others on fixed incomes or
senior citizens to do if they are unable to purchase another home?
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He asked if he should stop making improvement on his place
indefinitely or what?
Lisa Lightbody, property owner near the sewer treatment plant,
stated she felt public officials forget sometimes the decisions
they make should also come from a moral standpoint, as in what is
right and what is wrong instead of just thinking how this would
affect the bottom line and how much money it will save the City.
Th~ condemnation issue affects her personally because she resides
in the closest zone to the plant. They are a young family that
chooses to live on only one income so she can be a stay-at-home
mom. If they are forced to leave their home, they will be ok and
can start over, however, her concerns are with the people in her
neighborhood that have lived in houses that are paid for longer
than she has been on this earth. It is shameful to ask these good,
honest citizens to leave their homes. The Mayor and the City
should be ashamed for even thinking of asking these people to pay
the City rent on homes they own free and clear as one alternative
proposed by the City. When this issue does come before the City
Council, she urged them to make their decision regarding
condemnation not only from a view point of financial prudence, but
please put yourselves in the shoes of the people who stand to lose
their homes and have little chance of starting over. There is a
moral decision to be made, more than just saving the City money and
further embarrassment.
Linda Elliott, property owner near the sewer treatment plant,
stated she and he husband have waited almost 20 years to find a
house they liked and one they could afford to live in with their
two children. They moved into Bremerton in 1994, and found a house
they fell in love with and one they could afford. They were told
there was an odor problem that would be solved as of January 1996.
They purchased their home just two months ago and have put in every
spare cent they can into home improvements every weekend. Then,
they were informed by some of the neighbors that this area was to
be condemned. She has the same questions raised by a previous
speaker - are they suppose to stop making improvements? She
listened to some of her neighbors at the last meeting talk about
how they had sent in their bid and received offers from the City of
almost half of what she and her husband paid for their home. She
does not consider that fair or moral.
Helen Havens, Anderson Hill Road, stated her neighborhood has
formed the Association To Protect Anderson Creek, which is rapidly
growing, and they aim to save the creek and surrounding area and to
ensure that proper environmental study is done before designing any
part of it as an Industrial Park. They want the City to know this
reckless project is resulting in an appeal to the Growth Hearings
Board of Bremerton's whole Comprehensive Plan and will cost the
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City time and citizens' money, which could be much better spent on
positive endeavors. They will continue to let the City and Mayor
Horton know what they want and how unsatisfactory and inadequate
this process and plan have been so far. They hope Bremerton
citizens will let the Mayor and Council know their feelings on this
issue as well. She invited the public to attend their
Association's next meeting on Thursday, April 13, 6:30 P.M., at
Sunnyslope Community School (Library). The program for that
me~ting will include discussing their walks through the watershed
and listening to concerns of the neighbors.
7A - CRIME BILL GRANT -- ACCEPTANCE OF FUNDS, #AB95-077
The application for this grant was approved in 1994, and Council is
now requested to approve the acceptance of the funding for the next
three years.
Police Chief Paul Du Fresne stated he has presented supporting
information to each of the Council Committees over the past two
weeks and would standby for any questions they might have.
Public comment - none.
Mr. Law asked Chief Du Frense to briefly explain, for the public's
benefit, what this proposal will entails. Chief Du Fresne stated
funding was identified as part of the 1994 Crime Bill and followed
through the Justice Department of the Federal Government in a fast
track effort to provide funding to local communities to increase
the number of sworn officers or to supplement communities where
funding was short for adequate numbers of police officers.
Although it was a very ambitious effort, the amount of dollars that
each grant was limited, and in the City's case provided some
difficulty in finding adequate matching funds. Through some
serious effort in budgeting and assistance from the Mayor, they
were able to find a way to accept funding for one position. The
funding is limited to essentially $25,000 per year for a total of
$75,000. These funds will be used to place more police officers on
the street as part of the City's community policing effort.
Mr. Colvin asked Chief Du Fresne if he would be looking into the
possibility of the City taking back policing the West Park Housing
development, which is now contracted with the Kitsap County
Sheriff's Department? Chief Du Fresne stated he has had some
discussions with the management of the Bremerton Housing Authority
and understands they have a contract for support services through
the Sheriff's Department. He did not know the length of the
current contract, but he would give it further review and report
back to Council.
Mr. Law pointed out the City would be receiving $50,700 in 1995 and
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$24,290 in 1996. He asked if Chief Du Fresne thought he could have
a police officer on the street by May of this year? Chief Du
Fresne stated yes, he will try to meet that time frame.
Mr. Dawkins pointed out the grant funding runs for only a 3-year
period and questioned if there might be other funding sources
available to continue the manning level? Chief Du Fresne stated he
did not know at this time, but he does expect the issues of crime
an~ the need to keep communities safe is a commitment by the
Federal government. He hopes the position will be sustained
regardless of any change in party politics in Washington, D.C. It
is his understanding there is some effort to rewrite a new crime
bill, which may be in a different fashion, but some degree of
support should exist.
Mr. Overson urged Council's support on this issue and stressed he
has the greatest confidence Chief Du Fresne will take the limited
amount of monies and turn it into something grand for the
department.
M/S/C/U(Overson/Winters) to accept grant funding in the amount of
$75,000 and approve Budget Adjustment 95-10.
7B - INTERDEPARTMENTAL CONTRACT PURCHASE AGREEMENT, PENDERGAST
REGIONAL PARK, #AB95-072
Fifty acres of Public Works and Utilities property was recently
rezoned Parks and Schools from Forest Management for the new
Pendergast Regional Park Site. Because of this zoning change, the
Public Works and Utilities Department will experience a loss of
potential revenue from future timber sales. Bill McKinney, City
Forester, was asked to evaluate and calculate lost timber revenue
based on crop rotation and the number of board feet per acre. His
calculations were identical to the process used to determine timber
values at Gold Mountain Golf Course. An initial estimated monthly
lease value of four hundred dollars per month was established by
Mr. McKinney.
Rich Hanna, City Treasurer, believed it would be financially and
strategically advantageous for the Parks and Recreation Department
to purchase the property, in lieu of leasing long term. A purchase
price of $250,000 was established as fair market value, based on a
previous appraisal used in the Pope Property exchange. The Parks
and Recreation Department will pay interest only at the end of
years one through five. The Parks Department will have the right
to purchase the property any time during this period. Interest
will be at 6.5% simple, with annual payment of $16,248. After the
fifth year, if the property remains unpurchased, the Parks
Department will continue to pay interest on $250,000 at a new
interest rate recalculated to reflect current interest rates. The
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Treasurer has recommended that funding for the future acquisition
of the property will be generated through alternate funding sources
such as the Real Estate Excise Fund, profits generated from the
golf course, or the 112 Park Capital Fund.
Jodi Wroblewski, Assistant Parks Director, stated this issue was
brought before both Council committees and she would be available
to answer any questions Council might have.
Public comment - none.
Mr. Dawkins asked if this was the same process used on the property
being used as the new expansion golf course? Ms. Wreblewski stated
she,believed so.
M/S/C/U(Neville/Montgomery) to approve the purchase of fifty acres
of land from the Public Works and Utilities Department by the Parks
and Recreation Department for Pendergast Regional Park.
7C - ROOSEVELT CAPITAL ASSETS BUDGET ADJUSTMENT, #AB95-073
The American Legion, Post 68, in conjunction with the Bremerton
School District will begin a $240,000 renovation of Legion Field
later this year. Legion Field is owned by the Bremerton School
District and operated by the American Legion. The first phase of
renovation will include lights, drainage, new fencing, and
irrigation. The Legion and the Bremerton School District are
asking for a financial contribution of $44,000 from the City
towards these improvements. Private and public organizations are
also contributing to the renovation cost, including a $100,000 cash
contribution from Kitsap County, creating a joint and regional
improvement project for the community.
Legion Field serves as the primary youth hardball field in
Bremerton, serving approximately three hundred 13-15 year old
youth. The field would be available after July 1 of each year for
potential league play for youth not participating in the Babe Ruth
program.
The Parks and Recreation Commission has reviewed this project and
they have recommended funding this project. Renovation of the
Legion Field is included on the Commissioner's list of projects
that would serve as part of the long term replacement of Roosevelt
Field.
John Thomas stated on July 19, 1994, the School District asked the
City to commit $25,000 towards this project and a couple of months
ago Council voted to approve funding that amount. Now, the Council
is being asked to approve an amount that calculates to a 76%
increase. He referenced another instance where the City Council
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approved funding for a specific sewer project and then was asked to
increase their contribution for the same project. He noted no
wonder the City can't afford police and fire protection.
Walt Draper, Bremerton School District, urged Council to support
this project, which has been developing over several years, and was
before Council several times during the permitting process. He
stressed this is a fine example of a joint project that includes
th~ City, County, School District, Bremerton Rotary, East Bremerton
Rotary, Bremerton Central Lions Club, the Cheney Foundation, and
Mr. Chuck Haselwood. The project budget is $240,000 and the City's
contribution, if approved, will complete the needed funding to move
ahead with requests for bids within the next week followed by
construction by July 1.
Rick Smith stated for clarification that originally the City was
asked to contribute $50,000, but because they were successful in
their fund raising effort, they were able to scale their request
back to $44,000. He noted the last piece of the $240,000 project
is a $5,000 grant pledged from the Lions Foundation.
rick Ostrander stated he has been involved with the Legion Field
since 1979 through PeeWees, Babe Ruth and Legion ball. He found
the Agenda Bill to be a little misleading where it states:
"...serving approximately three hundred 13-15 year old youth". He
stated for clarification that should read "13-18 year old youth".
Locally, there are about 300 youth that rely on Legion Field. If
you take in the number of home games played, it brings in another
1,300 youth coming in from other areas plus another 90 for
tournament play. Improvements to the field are greatly needed,
especially the addition of lighting. He encouraged Council's
support of this program.
Mr. Overson stated the Agenda Bill provided in the Agenda Packet
contains a letter dated July 19, 1994, and signed by Ron Carpenter,
Director Facilities Management/Bremerton School District, that
clearly requests $25,000 and there is no mention of a request for
$50,000. The sources of funding for Legion Field renovation
provided to Council clearly identified the City of Bremerton's
portion at $25,000, so he felt there needed to be some discussion
on how the funding figure went from $25,000 to $44,000. He would
welcome any documentation that addresses the $50,000 figure being
referenced. The City Council has had significant discussions on
the $44,000 figure and he believed there is significant
justification for that amount, but he felt it should be reflected
in the records when a vote is taken as to the substance behind
switching from $25,000 to $44,000.
Jodi Wroblewski, Assistant, Assistant Parks Director, stated in
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February of 1994, the School District and Legion organization came
to the Parks and Recreation Commission and requested $50,000 from
the Roosevelt Field Trust Account to support this project. At that
time, given the facts and amount of money that was in the Trust
Account ($36,000), the Commissioners voted their recommendation of
giving $25,000 out of that funding source. Consequently, in July
of 1994, the issue was brought to Council, however, the request was
denied for a variety of reasons mostly because of questions having
to'do with access to the ball fields, which have been worked out.
Now, the request before Council has been reduced down to $44,000.
President Huff-Menees stated she believed there was still some
confusion about the $25,000 figure. Ms. Wroblewski stated Mr.
Carpenter was basing that request upon the recommendation of the
Parks and Recreation Commissioners. Mr. Draper stated at the
February 1994 meeting, the amount requested was $50,000 and it had
been suggested that $25,000 be funded out of the Roosevelt Field
Trust Fund and $25,000 from some other City source, such as
Hotel/Motel Tax or Real Estate Excise Tax. Mr. Smith referenced a
letter dated June 16, 1993, which he wrote to Parks Director Vicki
Vanneman, which stated in the last paragraph: "That means that our
budget for the first phase has to be set either with actual cash on
hand or written pledges from reliable individuals or organizations
by late August. The entire amateur baseball community of Greater
Bremerton would be greatly appreciated if Bremerton government
could contribute $50,000.00 to this project. I believe that half
of Bremerton's contribution should come from the City's hotel and
motel tax. I say that because the improvements planned will enable
American Legion. Bremerton Babe Ruth, the School District and
OlymDiC College to host tournaments on this field. Each
organization would host at least one, some organizations would hold
several tournaments during the season". He emphasized the added
benefit of income coming into to the community through
restaurants/hotels/motels during tournament play. His suggestion
to the Parks Commission included $25,000 from the Roosevelt Field
Trust Fund and $25,000 from some other source. Mr. Draper, Ms.
Vanneman and Mr. Smith met with then Mayor Mentor in fall of 1993,
where they suggested to him the split sources of funding. Mr.
Smith felt there was no movement past that meeting because he was
surprised to learn the City Council didn't know about that request
in January/February of 1994.
Mr. Law referenced Bremerton Municipal Code 2.23.030, which is
under the Roosevelt Capital Asset Fund states in part: "The City
Council will consult with the Parks and Recreation Commission
before commitment of these funds". He has heard second hand that
the $25,000 was presented, but the additional $19,000 that is being
requested to come out of the Roosevelt Fund had not gone before the
Parks Commission. Mayor Lynn Hotton stated when the $44,000 issue
arose, which she believed was about the time of final reading of
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the Budget Ordinance in December of 1994, Council indicated they
wanted to increase funding for this project from $25,000 to $44,000
from the Trust Fund. Both Mr. Harris, the City's Parks and
Recreation Director, and she felt that was a Council directive,
which took into consideration the Parks Commission's recommendation
and Council, as the budgetary authority of the City, wanted the
full amount funded. At no time did Council indicate to them that
the proposal should be taken back through the Parks Commission. If
CoUncil desires to have it go back before the Parks Commission, she
can start that process. Mr. Law stated as he recalled, the $44,000
funding level was proposed by one member of the City Council, but
there was never a vote of the City Council to approve such a
request. Mayor Hotton pointed out there was subsequent discussion
about the funding and she received a clear message from Council
that they wanted to see the request funded. President Huff-Menees
supported Mayor Horton's recollection of Council's directive.
Mr. Dawklns stated he was the only one that voted against the
entire 1995 budget because he didn't think it was funded
appropriately. At that time, Ms. McCluskey, Director of
Administrative Services, stated money was available from the
Roosevelt Field Trust Fund. At that time, Council did not know the
exact dollar amount $44-42,000, so that is why the request is
before Council at this time.
Mr. Neville stated he is firmly in support of this project and one
that shows the spirit of a joint partnership, which we are tying to
encourage in the City as well as in the County. He is
knowledgeable that the Parks Commission is in favor of the project
overall and this gives the Parks Department the chance, after
regular league play, to start their own City league play for youth
that are not already involved in organized ball programs.
M/S/C/U(Neville/Montgomery) to authorize and direct the City
Treasurer to transfer $44,000 from the Roosevelt Capital Asset fund
to the Bremerton School District for the sole purpose of assisting
in the renovation at Legion Field.
Mr. Overson stated possibly the sense of urgency the Mayor felt
when she discussed the proposal with Council was some of Mr.
Dawkins' and Mr. Neville's enthusiasm for this project. He
believes this is a significant event for the overall combined
School District/Parks Department operation. This issue was
discussed with the Parks Commission during a Study Session,
however, they did not wholly endorse the $44,000, but they did
wholly endorse Legion Field.
Mr. Colvin stated he believes this request is proper use of the
Roosevelt Field Replacement fund.
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Page 13 of 18
President Huff-Menees expressed her support and felt it was a
marvelous demonstration of a joint effort of 10 funding sources to
benefit the youth of our community.
Vote on motion:
Motion carried.
In Favor:
Abstain:
Montgomery, Dawkins, Colvin, Winters,
Overson, Neville, Farr, Nuff-Menees
Law
7D - PENDERGAST REGIONAL SPORTS COMPLEX, PHASE I, KASSEL
CONSTRUCTION. INC., CHANGE ORDER #6, #AB95-078
This change order is to include the off-site "Main Entry Road" to
Pendergast Park for the additive cost of $151,640.93. This main
entry road from Union Avenue to the newly aligned on-site park
entrance road was not awarded to the General Contractor, Kassel
Construction, Inc. as the definitive location of this main entrance
road had not been granted by the State of Washington Army National
Guard.
This issue has been resolved and the associated permanent road
easement will be granted. But in the meantime, in the spirit of
cooperation, the Washington National Guard has signed a letter of
understanding so as not to delay the road completion.
This additive cost includes all necessary clearing; rough and fine
grading placement of sub-base crushed rock for roadway and walkway;
placement of Class B asphalt for both roadway and pedestrian
walkway; and concrete placement of curb, gutter, and drainage
system.
Dan Miller, Project Manager, stated the newly constructed main
access road, as presented, is necessary as the use of existing
Lynden Street, which is presently being used during construction
for Pendergast Park, is granted only by the State of Washington
Army National Guard as a permanent electrical power easement right-
of-way and a temporary construction road easement to accommodate
both project constraints as well as accommodating construction of
the park. The proposal before Council is relates to the main road,
which has been granted by the Army National Guard and a letter of
understanding is in place granting the City such an easement.
There is sufficient funding to construct the roadway, which was
anticipated from the time of signing of the contract.
Public comment - none.
Mr. Neville asked if the new roadway would include curb, gutters
and sidewalks? Mr. Miller stated no, only the entry way will have
a curb and gutter and there will be a crushed rock walkway along
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Page 14 of 18
one side of the road. He also noted there will not be any lighting
along the road. Mr. Neville questioned the length of the roadway?
Mr. Miller estimated it to be approximately 15,000 lineal feet.
Mr. Winters asked if the entrance to the park would be signed in
order to make it easier for the public to locate the park? Mr..
Miller stated Parks and Recreation Department are in the process of
providing a sign for the park. He also anticipated that a
di~ectional sign will be placed on Werner Road and Union.
M/S/C/U(Farr/Colvin) to authorize and direct the Mayor to approve
Change Order No. 6, and make payment to Kassel Construction, Inc.,
subject to City Administrative Policies and Procedures.
7E - RESOLUTION NO. 2509, CALLOW AVENUE BASIN C80 REDUCTION
PROJECT, PRIORITY 1, ACCEPTANCE OF CENTENNIAL CLEANWATER FUND LOAN
(NO. L9500016), #AB95-079
The City applied for and received a Centennial Clean Water Fund
(CCWF) loan in the amount of $731,000 for design and value
engineering of the Callow Avenue Basin CSO Reduction Project,
Priority 1 (or Phase I in the application) improvements. The loan
is to be paid back over 20 years with no interest. The attached
Resolution accepts the loan and authorizes the Mayor to sign all
documents relative to the loan.
Tim Richard, Senior Engineer, stated the Centennial Clean Water
Fund loan from the State of Washington Department Of Ecology was
applied for in February of 1994, and it was received at the
requested amount of $731,000. The loan will cover the design cost
associated with the Callow Avenue Basin Combined Sewer Overflow
Reduction project Priority I Improvements. The design costs
include the professional services for design, value engineering and
administrative costs incurred by City staff. The Priority I
improvements make up approximately one half of the total dollar
value of the Callow Basin CSO separation work. The schedule for
construction of these improvements is over a period of the next two
years.
Public comment - none.
Mr. Colvin questioned the interest rate of the loan? Mr. Richard
stated the loan is for a period of 20 years at "0" interest.
M/S/C/U(Colvin/Montgomery) to pass Resolution No. 2509, authorizing
the Mayor to sign all applications, agreements and amendments, and
other documents relating to Centennial Clean Water Fund Loan
documents, for the Callow Avenue Basin CSO Reduction, Phase 1
Project (CCWF Loan No. L9500016).
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8A - PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2504, REGARDING
THE RECOVERY OF FEES FOR THE ABATEMENT OF THE DANGEROUS CONDITION
FOUND AT 3016 E. 19TH STREET, BREMERTON, #AB95-058
In November of 1994, the City took action to demolish a building
located at 3016 E. 19th Street, Bremerton, after the owner, Helen
Henkle, failed to do so as ordered by the Building Official. The
Street Department performed the work, and the abatement fund was
charged a total of $7,480.83.
David Nelson, Building Official, gave a brief history of this
project: (1) prior to the property being annexed into the City, it
was declared to be unsafe by the Kitsap County Department Of
Community Development in October of 1984. (2) in 1985 the Dangerous
Building Certificate was filed by the Kitsap County Fire Prevention
Bureau. (3) In 5-4-1988 the area was annexed into the City of
Bremerton and complaints were received by the building Department.
(4) An inspection revealed the building to be abandoned and full of
debris, an open car port with debris, a car, boat and yard were
overgrown with blackberry bushes, etc. (5) On 6-3-1988 a letter
was sent to the owner of the property, Helen Henkle, asking her to
remove debris and vegetation. (6) On 8-11-88, after no action had
taken place, the property was abated by the Bremerton Building
Department as unsafe and the owner was order to remove the debris,
garbage, carport and overgrown vegetation. (7) Complaints were
received from the Bremerton Fire Department regarding condition of
the property in August 1989. Since the abatement had been placed
on the property, the Building Department requested bids from the
Engineering Department for demolition of the building and carport
and removal of vegetation. (8) In October 1989 a Building
Abatement Notice was reissued with the requirement that the
buildings on the property be demolished by 12-4-1989, and Lien
holders were also notified at that time.
TAPE #1281
(9) In April 1990, the City Attorney's Office asked for a change in
language on theAbatement forms so the Abatement Order was reissued
again with a deadline completion of 7-5-1990. That Abatement Order
was sent, by register mail, to the owner and was signed for as
received. (10) In 7-1990 the bid process for demolition was
completed. (11) In 10-1990 a letter was sent to the owner of the
property notifying her that demolition was eminent and informing
her that any personal affects remaining in the house on 10-14-90
would be assumed to be of no value to the owner would be removed
with the demolition debris. That notice was also sent registered
mail and signed as received. (12) In 3-1991, bonds were released
to the builders and the Building Department decided not to demolish
the structure, since some work had been done and was somewhat
adequate for removing it from the Dangerous Building list. (12) In
6-1992 complaints were received concerning the property and upon
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City Council Reg. Mtg. Minutes
April 12, 1995
Page 16 of 18
inspection it was determined that the site had returned to its
deteriorated state - overgrown with blackberries, etc. (13)
Another Notice and Order to Abate An Unsafe Condition was issued
ordering repair or demolition of the building and removal of debris
and vegetation by 10-1992. That notice was sent by registered mail
and stamped received by the owner. (14) No response was made to
any of the deadlines and Notice and Order To Abate Unsafe
Conditions, so a Title Report was ordered to notify people having
interest in the title. At that time, it was discovered the
property was sold, by auction, by the IRS to Mutual Security
Financing and the deadline was then moved to 2-14-1993. That
notice was sent by registered mail to Mutual Security Financing and
a signed notice of being received was documented. An Extension was
requested due to IRS regulations regarding these properties having
to have a comment or appeal period - which was granted. Mr. Nelson
personnel met with them personally at the site, toured the
structure and assurance was given that the intent was to bring the
property out of its present conditions, which were badly
deteriorated and dangerous. As no action occurred following that
discussion, contact was again made with Mutual Security Financing,
who informed Mr. Nelson the property had been gold back to the
previous owner, Helen Hinkle. A letter was then sent to Mrs.
Hinkle asking her to contact the Building Department to discuss
plans for the house since it was under "Abatement". (15) On 10-6-
93 the owner of the property was informed the City's intent was to
demolish the house due to lack of response to previous requests.
The City then proceeded to demolish the carport and removed the
blackberries. A Resolution was brought before Council requesting a
lien and a determination of just funding, which was approved. (16)
Again, complaints were received about the property and another
inspection was made and found the building to be open as a
nuisance, a target of vandalism and different activities going on
around that site. Again, the owner was contacted informing the
house would be demolished on 8-31-94. He did receive a letter from
the owner of that property stating she had no interest in the City
tearing down her house, but no permits were every applied for or
appeals made to any notification. He did have Stokes Auction visit
the site to evaluate the value of the debris in the house. They
assessed no value to the contents of the house. The City then
forwarded the action to the Street Department for demolition and
the structure was demolished. The Street Department billed the
Building Department for $5,603.53 and the owner was billed
$7,480.83 for the abatement, which included the Street Departments
charges, Title Report, staff time, permits and filing fees. He is
now requesting Council to approve a resolution to recover the fees
by lien and to determine if the fees charged in this demolition
were true and just.
President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
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Interest" question with all Council members being seated.
Helen Hinkle, owner, stated in her option the house was not unsafe.
She did write him more than one letter stating the house was safe
and they were in the process of working on it to bring it into
better repair and was working on it at the time Mr. Nelson placed
the "Abatement" on it. But, at that time they did not have enough
help, but as it happened the week he took action they had more help
but the house had already been demolished. They did invest their
money into new materials, which were stolen, assumed, or destroyed
when the demolition took place. She stressed the building was only
"open" when Mr. Nelson authorized someone to go into the building
because they kept it locked. They did have to replace locks two or
three times and they had the property fenced, which was removed by
the City. The carport was sturdy, but it did need some work and
they were working to improve it as well. She emphasized they did
not take out any permits for repair until it was time to do a
particular job because it might "run out" by the time they were
able to afford the money and have the man power to complete a
specific project. She challenged Mr. Nelson's comment that the
contents/appliances in the house had no value. She believed the
appliances were operable and that she lost valuable papers and
things when they demolished the structure. She does not feel
obligated to pay for something that was demolished when her
intention was to restore it. It also concerned her that rocks that
she had collected over the years were removed from the yard at the
time of demolition. Nothing was left on the site...it was leveled
flat and left only bare dirt. Her attorney was not available to
attend this meeting, however, she would be pursuing legal action
against the City over this action. In regard to Mr. Nelson's
comment that she had not appealed any of the Building Department's
notices or actions, she did contact the City and believed that
action was appealing City action taken against her.
President Huff-Menees stated for clarification the action before
Council was not to revisit the abatement process. She asked the
City Attorney to address the intent of this proposal. Ian Slevers,
City Attorney, stated to put some perspective on the action before
Council - this is a limited scope hearing and not intended to re-
evaluate whether the household belongings were treasures or trash,
whether the building was unreasonably dangerous, or whether the
time limits given to Mrs. Hinkle should have been extended. All of
these questions should have been appealed and he believed the
petitioner was given clear notice on the Orders Of Abatement that
she should have made an appeal to the Building's Appeals Board.
The item before Council, at this time, is to just decide the issue
whether demolition costs were reasonable or not. Mrs. Hinkle
stated she did not believe the costs were reasonable and she
thought she had done what she needed to do when she talked with Mr.
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Nelson, when she wrote a letter and when she called the Mayor's
Office, but wasn't able to see or speak with her. At no time did
the City Attorney or anyone from the City inform her that she
wasn't doing the right thing. Mr. Sievers stated he recalled the
time Mrs. Hinkle visited his office, and at that time the building
was in the midst of being demolished and he discussed the
possibility of salvaging some things during the demolition process.
At that point, the site was even more dangerous than before. The
point of this hearing is to allow the City Council to decide, once
the department has gone ahead with the demolition, without having
it appealed or protested by the owner, that the charges are
reasonable. He stressed the fact that under the Notice Of Order
of Abatement it clearly states specific permits are required within
specific time frames and if the property owner fails to comply with
that time schedule, the City will proceed with demolishing actions.
It also states that if the property owner does not agree with the
order they can appeal it to the Building Appeals Board.
Mr. Law stated for the record the subject property is located
within his district. Over time, he has driven by the site and was
not aware of various abatement actions. He offered to step down
from voting on this issue if Mrs. Hinkle felt there was a "conflict
of interest"? Mrs. Hinkle stated she did not object to him voting
on this issue. She thanked Council for making allowance for the
emergency she experienced previously and rescheduled the hearing so
that she could be present. She stressed she is in no position to
pay the abatement fee.
M/S/C/U(Montgomery/Winters) to order that the fees incurred for the
abatement be filed as a lien against the property as reasonable
abatement costs, and to pass Resolution No. 2504, reviewing charges
for the abatement of the property at 3016 E. 19th Street,
Bremerton, and determining means of collection.
With no further business meeting adjourned at 7:45 P.M.
KAT EEN L. ity Clerk
City of Bremer~'
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