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HomeMy WebLinkAbout03/01/95TAPE #1266 ) UNAPPROVED DRAFT COUNCIL ,PPROVED lIAR 15 1995 CITY COUNCIL MEETING MINUTES MARCH 1, 1995 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 1, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morris Dawkins, Carlos Montgomery, John Law, Richard Neville, David Farr and LonOverson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Command Chaplain Ed Carroll of the USS Arkansas. CONSENT XGENDA - NONE #0058 CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on March 1, 1995, the Council does approve for payment those vouchers included and further described as follows: 182486, 182487, 182506, 182507, 182515 through 182696 in the amount of $762,485.86. president Huff-Menees made the following announcements: (1) Immediately following this meeting, Council will hold an Executive Session to discuss a "personnel" issue. (2) City Council Executive Session will be held Wednesday, March 6, 5:00 - 5:25 P.M., and the subject of discussion is "labor negotiations". (3) City Council Study Session - March 6, 6:00 - 9:00 P.M., in the Council Conference Room. Topics to be discussed: Puget Sound Naval Shipyard Update; Construction Projects Update; Comprehensive Plan Review. (4) Blueberry Park Master Plan public meeting - March 2, 1995, 6:30 - 8:30 P.M., at the Kitsap Regional Library on Sylvan Way. TAPE #1266 City Council Reg. Mtg. Minutes March 1, 1995 Page 2 of 8 (5) P.O.W.E.R - March 2, 1995, 7:00 P.M., at Jane Ruley Building, 1302 N. Lafayette. The topic to be discussed is: Racism And Discrimination In Kitsap County. COUNCIL MEMBER REPORTS Mr. Winters reported he attended the AWC Legislative Conference, which was held in Olympia, on February 22-23. He found the conference to be very informative and the more he becomes involved in government on a local level and State level, he finds it very useful in representing the City and becoming knowledgeable how State government works. He enjoyed meeting with Gordon Walgren and Senator Betti Sheldon and found it enlightening to learn about certain situations/issues. He is looking forward to attending other AWC Conferences in the future. Mr. Colvln reported he also attended the AWC Legislative Conference along with his fellow Council members. Senator Betti Sheldon and Gordon Walgren were very cordial hosts during the conference activities. Many people at the conference were very aware of "Kitsap County", so as a result, he has invited the Kitsap County Commissioners to speak at the next District #1 Neighborhood Meeting scheduled for March 16. Mr. Dawkins stated during the nice weather he took the opportunity to tour the Pendergast Regional Park project. He was pleased to report the ball fields look good, Parks Department personnel were planting trees and repair work was being done to the slide area that happened during the rainy weather. As he was leaving the complex two grades were beginning work on the inside access road. Mr. Mont~omerV reported he also attended the AWC Legislative Conference and echoed Mr. Colvin's and Mr. Winters' comments regarding the value of that meeting. He also hopes to attend other conferences in the future. Mr. Law extended condolences to Scott Wetzel on the passing of his Anna Mae. On a happier note, on Tuesday evening, Bremerton High School held their first High School Success Party in which they recognized outstanding students (several hundred). This event was a real demonstration of recognition helping students to achieve and was organized by a high school senior, Ruth Thomas. Mr. Farr commented to the four Council members that were absent last week that last week was a trial basis for a 5-person Council. He pointed out those five Council members handled several pieces of legislation in record time, about 20 minutes; and what they experienced during this meeting was with nine members the meeting was 20 minutes late in starting. TAPE #1266 City Council Reg. Mtg. Minutes March 1, 1995 Page 3 of 8 Mr. Neville announced the West Narrows Neighborhood Information Network meeting will be held on Tuesday, March 14, 1995, 7:00 - 8:30 P.M., followed by a Social from 8:30 - 9:00 P.M., at the Neighborhood Christian Center (Council Districts #4, #5 and #6). He thanked all participants at the Evergreen Park Expansion planning meeting, held Tuesday evening. Mr. Overson reported Council held a very educational session along with the Planning Commission on the Comprehensive Plan development. More public meetings will be held on that subject and he recommended citizens take the opportunity to find out what is being presented in that plan and the affect it will have on the City in future years. MAYOR'S REPORT Mayor Lynn Horton reported on Tuesday she and her Department Heads reviewed the draft of the City's emergency plan in the event of a major disaster. On April 26 the City will participate in an area- wide earthquake preparedness exercise and for that exercise City Hall will be closed for one hour during the morning time. The public will be given advance notice of that closure and during that hour there will be a mock earthquake drill with exits being blocked off and the building evacuated. From that point, the Department Heads and necessary managers will be going up to a day long exercise at Oyster Bay, which will be the City's command center. During that exercise there will be some simulations that include the two bridges will potentially need to be closed and other facilities may have collapsed. Following the drill, individual building plans will be developed as well as evacuation plans in preparation for a real emergency. The City is-also looking at purchasing some equipment, such as a generator, to do a good job of taking care of people in a real emergency. She is also looking at getting City staff prepared with earthquake kits. PUBLIC RECOGNITION GordV Byrd expressed his disappointment that no one attended his K- Prep presentation at his residence after he distributed 200 flyers advertising the program. 7A - APPOINTMENT OF SCOTT KRORE TO THE PARKS AND RECREATION COMMISSION, #AB95-036 There is a vacancy of the Parks and Recreation Commission. It is recommended the vacancy be filled by Scott Krone. Mayor Lynn Hotton stated Mr. Krone comes highly recommended and has been involved for a considerable amount of time with youth soccer as well as community activities through the City's Parks Department. He also has a very high commitment to parks and recreation and to the youth in the community. Mr. Krone is TAPE #1266 City Council Reg. Mtg. Minutes March 1, 1995 Page 4 of 8 interested in additional sports fields, but does recognize the financial condition of our community, he is someone who is willing to look at creative solutions to the problems we face and she believes will be a good addition to the City's Parks and Recreation Commission. Public comment - none. Mr. Neville stated he has known Scott Krone for a number of years and Mayor Horton was "on target" in her description of his attributes. Mr. Krone has the ability to get a lot done with limited resources, is a hard driving individual who takes on a task and is willing to see it completed. Mr. Krone is one to easily point out faults, but also in pointing them out he is one to seek solutions and work hard to make them right. President Huff-Menees stated she has known Scott Krone for many years and his family and she appreciates his many years of work with youth and his commitment to youth in our community. In her view, in terms of public service today, it is one of the special areas of public service. #0579 M/S/C/U(Colvin/Montgomery) to confirm the appointment of Scott Krone to the Parks and Recreation Commission. Scott Krone stated he is a native of Bremerton, graduated from East High School, left the area when he served in the US Navy for 10 years and returned to Bremerton at the end of that service. Throughout his youth he benefited from youth activities that were available at the time and he decided when he returned to Kitsap County/Bremerton it was time to start giving back. He has been heavily involved with youth soccer for the last 10 years as well as youth wrestling. He also is a Referee for youth and adult activities (wresting and soccer). Now that his children are grown up, he decided he needed to get involved at another level and feels there is more he can do for Bremerton and "parks" is a good place to start. He is interested in youth activities, however, he is also interested in putting Bremerton's best foot forward and he believes parks say something about a community in general. President Huff-Menees congratulated Mr. Krone on the fact his oldest son has received a 4-year full ROTC Scholarship to the University Of Idaho. 8A - PUBLIC HEARING ON RESOLUTION NO. 2499, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 922-1/2 PLEASANT AVENUE, #AB95-037 In February of 1994, the City took an abatement action against the TAPE #1266 City Council Reg. Mtg. Minutes March 1, 1995 Page 5 of 8 property located at 922-1/2 Pleasant Avenue, owned by John D. Frederickson- The building had been fire-damaged and was abated as a dangerous building- It was eventually demolished by the owners, however, the City incurred costs for administrative time and a title report in the amount of $436.33. Kathleen McCluskeV, City Clerk, read into the record the following letter from John D. Frederickson, P.O.Box 8064, Van Nuys, CA 91409- 8064: To The Supervisor Of David Nelson: In summer of 1994 I was informed by the City of Bremerton that my house at 922 1/2 Pleasant Avenue had to be torn down. 'In Early 1994, I traveled to Bremerton to look at this property. After 6 days of work I removed any sign of burn, however, I did not board up property. After an arson and financial hardship, I accumulated funds to do so. With no foreknowledge, the City sent me a bill for $450.00. As a single parent, I am still in recovery financially. I would have fought for the house in the first place. To bill a party with no notification until after the fact is very deceitful. Should I in turn bill the City for my loss? Please respond as soon as you can 1-805-944-1528; P.O. Box 8064, Van Nuys, CA 91409-8064- Thank you in advance for your response. David Nelson, Building Official, stated a complaint was received concerning 922 1/2 Pleasant, which was a burned out structure, and an investigation was made revealing the building to be badly damaged and without a foundation. It was determined that the building was structurally unsafe and open to vagrants and vandals with large piles of debris in the yard along with dead animal carcasses- A Dangerous Building Abatement was issued on the subject property and the Dangerous Building Certificate was posted on the property and a copy sent, by registered mail, to the owner of the property. That abatement states upon failure to comply with any of the above conditions, the Building Official may cause the building to be demolished, to correct the conditions listed above and a cost incurred will be charged as a personal judgement or a lien against the property- The mailed certificate was received and signed for by the owner. Policy within the Building Department is no charges are incurred until a "no" response comes from the property owner and deadlines have been missed for applying for a permit to do any work on the property. The Abatement Notice also identifies an appeals process whereby they can appeal the Building Officials decision. The property owner did appeal the decision that the building was a dangerous building, it went to the Appeals Board and they upheld the Building Official's decision based on the evidence given at that hearing. At that time, the owner was again directed to demolish the building and deadlines were given to accomplish the work. The property owner was allowed up to September 28, 1994, to abate the fire damaged structure and was given to July 28, 1994, to obtain necessarypermits for demolition. TAPE #1266 City Council Reg. Mtg. Minutes March l, 1995 Page 6 of 8 With the appeal, the issue was put on hold while the owner proceeded with the demolition by September 28, 1994, or obtaining necessary permits by July 28, 1994. When a permit deadline is missed, it is Building Department policy to order a Title Report so when the final deadline arrives they will have all their process done so they are at liberty to do the necessary work. A Title Report was ordered on the subject property and that cost of $110.26 was included along with Administrative Time of $326.07 for a total of $436.33. ON November 17, 1994, Mr. Frederickson was sent a bill, by Registered Mail, representing the charges, which was received and signed for. No payment was made by the owner, therefore, Council is being asked to take appropriate action to find that the charges are accurate, reasonable and just and a lien be placed on the property in order to recover those charges. Public comment - none. Mr. Neville asked the date of the first complaint on the subject site? Mr. Nelson stated February 1994. The notice and order to abate unsafe condition was posted and mailed on February 14, 1994. Mr. Neville noted on November 17, 1994, the Building Department sent a bill for the charges to the property and the letter read into the record was received from the owner on February 24, 1995. Mr. Nelson added the original notice and order to abate unsafe condition had dates of "acquire permits and commence work by March 14, 1994", work to be completed for final inspection by May 14, 1994, but an appeal was filed and those dates when into a "stay" until the appeal is resolved. When the appeal was resolved, the balance of that time went into effect, which made the completion date September 28, 1994. Mr. Farr asked if the location of the owner made the difference when a lien or personal judgement would be initiated? Mr. Nelson stated basically it is a philosophy between the Building Department and the City Attorney that the easiest and best way to collect fees is by a special tax assessment lien. Mr. Farr noted then the City will not see a return on those costs until either the property is sold or three years when additional action can be taken. Mr. Overson stated it was his understanding that unsafe conditions can be corrected by either demolishing or repairing/modifying to remove that dangerous condition; or that the structure can be boarded up so they cannot be accessed. He asked if those three options were provided to the property owner? Mr. Nelson stated those three options are available to anyone...Mr. Frederickson did make an inquiry about repairing the structure, however, the structure was considered so damaged that it was beyond the 75% #1032 TAPE #1266 City Council Reg. Mtg. Minutes March 1, 1995 Page 7 of 8 damage level and would not allow it to be repaired. Mr. Overson asked if the subject structure was an illegal building or non- conforming use? Mr. Nelson explained it was a non-conforming building. M/S/C/U(Farr/Montgomery) to pass Resolution No. 2499, and order that the fees incurred for the abatement of 922-1/2 Pleasant Avenue be filed as a lien against the property as reasonable abatement costs. 8B - PUBLIC HEARING ON RESOLUTION NO. 2500, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 1108 SIDNEY AVENUE, ~AB95-038 On October 31, 1994, the City took action to remove the garbage and debris found on the property located at 1108 Sidney Avenue, after the owners of the property, Michael and Christine Barber, failed to do so as ordered by the Building Official. The Street Department performed the work, and the revolving abatement fund was charged $383.70. This action will recoup these charges. David Nelson, Building Official, stated a complaint on the subject property was received on October 11, 1994, and investigated on that date. The inspection found large amounts of debris in the form furniture, garbage, lumber, and tires strewn around the property. On October 12, 1994, the property was posted with a notice to remove refuse within 72 hours and a notice was mailed to the owners, Michael and Christins Barber by both regular and Certified mail. On October 25, 1994, which was substantially beyond the 72 hours posting, no change in condition of property was noted, so on October 31, 1994, the Street Department performed a clean up and the cost to the Revolving Abate Fund was $357.75. On November 7, 1994, the Certified copy of the 72-hour notice was returned by the Post Office as "unclaimed" and on November 15, 1994, billing in the amount of $383.70, which covered the Street Department fees and one hour of Administrative Time, was mailed to Michael and Christine Barber by both regular and Certified mail and was returned on December 5, 1994, as "unclaimed. Because of those actions and inability to have a response to this issue, Council is being asked to find that the abatement charge was reasonable and becomes a personal judgement against the owners, which will become a lien against the property if not paid within 30 days. Public comment - none. Mr. Colvin asked if the charge against the property earn interest until paid? Ian Sievers, City Attorney, stated this action is different than the prior action Council in that this is a refuse abatement, which comes under a different section of the Municipal Code. The action before Council is to set a personal judgement, #1194 TAPE #1266 City Council Reg. Mtg. Minutes March 1, 1995 Page 8 of 8 which means going to Court and getting a judgement in the amount of the abatement cost, and that judgement can be certified as a judgement lien on the property records of the individual. That lien, however, has the priority it obtains on the property at the time it is filed and there may be several other liens, such as mortgages, ahead of this lien. It is doubtful that the City would cause that lien to be foreclosed because for this amount of money we would probably not want to undertake purchasing the property and paying off any superior liens. The City may look at other ways to collect this amount of money after the judgement is obtained, such as garnishment or attachment of other properties. Mr. Colvin asked if the lien increases with interest earned on it for non- payment? Mr. Sievers stated no, there is post judgement interest on the judgement once that judgement is obtained at 12%. Mr. Law questioned the small amount of $25.07 identified for Administrative cost and suggested Council consider a minimum fee for Administrative costs? Mr. Colvin asked if there was anything Council could do to increase the minimum charge for that type of situation? President Huff-Menees stated she assumed that could be addressed in the future with the Planning Department in terms of looking at a fee increase, which is a separate issue. Mr. Law stated he did not mean for it to be brought up now as a point for action, but felt it should be addressed in the future. Mr. Nelson stated with building issues, under the Dangerous Building Code, he is only allowed to bill for direct cost. The $25.07 charge covers Ms. Lunceford's time for one-hours worth of time. Mr. Slevers stated when a review is made on the Department's fee schedule they may want to look at a certain overhead percentages and see if they are adequate. M/S/C/U(Montgomery/Winters) to pass Resolution No. 2500, and order that the fees incurred for the abatement of garbage at 1108 Sidney Avenue be collected as reasonable abatement costs, and become a personal judgement against the owners, which will become a lien against the property if not paid within 30 days. With no further business meeting adjourned at 6:38 P.M. KATHLEEN L.~Y, City Clerk KLM/SH-M/me cc: Normal Distribution File/Vault