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HomeMy WebLinkAbout04/12/95TAPE #1280 UNAPPROVED DRAFT :COUNCIL APPROVED 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 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 2 of 18 "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. TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 3 of 18 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 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 4 of 18 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. TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 5 of 18 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? TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 6 of 18 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 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 7 of 18 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 #1573 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 8 of 18 $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 #1711 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 9 of 18 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 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 10 of 18 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 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 11 of 18 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 #2532 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 12 of 18 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. TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 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 #2885 #3038 TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 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). TAPE #1280 City Council Reg. Mtg. Minutes April 12, 1995 Page 15 of 18 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 TAPE #1281 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 TAPE #1281 City Council Reg. Mtg. Minutes April 12, 1995 Page 17 of 18 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. #0774 TAPE #1281 City Council Reg. Mtg. Minutes April 12, 1995 Page 18 of 18 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~' KLM/SH-M/me cc: Normal Distribution File/Vault