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HomeMy WebLinkAbout09/20/95TAPE #1320 UNAPPROVED DRAFT COUNCIL APPROVED 0 C T 11 1995 CITY COUNCIL MEETING MINUTES SEPTEMBER 20, 1995 #0095 #0115 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, September 20, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morrie Dawkins, John Law, David Farr, Richard Neville, and Lon Overson. Council member Carlos Montgomery was absent. 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 Reverend Rodney Smith of the First Christian Church of Bremerton. CONSENT AGENDA A. Minutes - August 30, 1995 #AB95-200 B. Resolution No. 2527 - PSNS Expansion Area #AB95-201 Street Vacation/Setting Public Hearing Date of October 11, 1995 M/S/C(Neville/Farr) to approve the Consent Agenda as presented, with Resolution No. 2527. Vote on Motion: In Favor: Neville, Farr, Law, Dawkins, Colvin, Winters, Huff-Menees Abstain: Overson Motion carried. 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/Dawkins) on September 20, 1995, the Council does approve for payment those vouchers included and further described as follows: Regular Payroll for the period ending 9/15/95, in the amount of $626,249.60; and 188041 through 188131 in the amount of $673,403.47. President Huff-Menees made the following announcements: (1) City Council Study Session previously scheduled to take place immediately following tonight's Council Meeting to discuss "Charter TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 2 of 16 Revisions", has been CANCELLED. (2) City Council Executive Session - immediately following tonight's Council meeting, in the Council Conference Room. Topic to be discussed is "Real Estate". (3) City Council and Planning Commission Joint Study Session, October 2, 1995, 6:00 - 9:00 PM, at the Public Works Facility, located on Oyster Bay Avenue, in the Meeting Room. Topics to be discussed are ,,Negotiation Consultant for the Fletcher Wright Downtown Revitalization Project, Fleet Management, and the Street Design Standards". the Public is invited to attend. COUNCIL MEMBER REPORT8 Mr. Law wanted to acknowledge those who attended the District 3 Neighborhood Meeting last night. He feels it was an active meeting. The Manette Business District welcomes new owners Deena Singer and her husband, to an old business, the Road Runner Restaurant on East llth Street, and wishes them much success. Mr. Colvin congratulated all the political aspirants who survived the primary election. He informed citizens that if they knew of a troublesome pothole, they could now contact a new service run by the City known as the "Pothole Doctor". He had a recent inquiry from a citizen regarding the Scotch broom issue, and he wanted everyone to know that the Scotch broom is now gone, but not forgotten, and if there are any organizations that would like to take on the replanting as a project, feel free to call him. He announced the public is invited to the Dedication of Clif McKenzie Court and Presentation of Placque Ceremony Saturday, September 30, 1995, to be held court side on Morrison Court, off of Juniper Court, at 1:00 PM. Mr. Winters announced the Kitsap Lake Neighborhood Association Meeting will be held this Thursday, September 21, 1995, at 6:30 PM, at the Cascade Natural Gas building on Kitsap Way to discuss revisions to the by-laws, and nomination of officers for 1996. On Monday, October 2, 1995, 4:00 - 8:00 PM, at Filippi's Restaurant on Kitsap Way, there will be a Retirement Celebration for Tony Zampella, and the public is welcome to attend. MAYOR'S REPORT Mayor Lynn Hotton explained the "Pothole Doctor" is a piece of equipment acquired by the City to do pothole patching. The hope is to be able to patch potholes through the winter, and the patches will "stick" longer than they had in the past. She was pleased to report the traffic detour we have had to live with as a result of the Callow Avenue CSO Project, is now gone, and TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 3 of 16 She thanked everyone for their patience the project is complete. during this process. Earlier today, Scott Alexander took her on a tour of Gold Mountain, to update her on the progress of the golf course. She reported the course is coming along very well, and is quite impressive. She invited anyone who wanted to take a look, to contact Scott, who would be more than happy to take them on a tour. Seeding would take place in November, and if everything goes well, we may be ready to play on 18 holes next September, News was received today that Mary Sump was in a serious auto accident Tuesday evening. She is in serious, but stable condition at Harborview. The Mayor sent her best regards, and a speedy recovery. Mayor Lynn Hotton read the following Proclamation: (1) September 17 through September 23, 1995, as CONSTITUTIONWEEK, Ed Pietras, Vice President of the Martin Luther King, Jr, Scholarship Committee, accepted the proclamation. He thanked everyone who participated in the Constitution Day celebration September 17, 1995 at the Bayview Inn. PUBLIC RECOGNITION Reverend Rodney Smith, First Christian Church of Bremerton, and member of the Kitsap Community Action Program, Board of Directors, wanted to express his appreciation for the support shown by City Council in the transitional housing program projects. He feels these transitional houses make a contribution to our community by providing a vital link in some persons life as they move from dependency to self-sufficiency- He thanked the Council and Mayor's office, past and present. As a member of the Bremerton Ministerial Association, he announced the annual "Walk For Hunger" will be held Sunday, September 24, 1995. This event is sponsored by the Ministerial Association and other citizens of various congregations in the community to raise funds for hunger causes. 7A - INFORMATION ONLY - ELECTRONIC COMMERCE RESOURCE CENTER Ed Wilson, Program Manager, made the presentation to council, provided handouts and other materials, and answered questions. If additional information is required, persons may call 478-0333. 7B - WASTEWATER TREATMENT PLANT ODOR CONTROL PROJECT (V4215) AMENDMENT TO DESIGN CONTRACT WITH R.W. BECK, #AB95-202 City staff negotiated Contract Amendment No. 2 to the WWTP Odor Control Design Contract to address: deletion of the pipe gallery work, additional detailing of the process piping, addition of the liquid hypochlorite system to replace the gaseous chlorine system, permit acquisition, and SEPA checklist preparation. The net #1010 TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 4 of 16 increase to the contract with R.W. Beck for design services is $16,250. This amendment amount was included in the contract totals and discussion at the City Council meeting on June 14, 1995, when Amendments 3 and 4 were approved. Not includingAmendment No. 2 at that time was an oversight which needs to be corrected. Staff recommends approval of Contract Amendment No. 2. Randy Witt, City Engineer, stated this Amendment is late in being brought to Council, however it has been talked about throughout the project. Apparently, the paperwork was lost in the paperwork shuffle in the rush to get the design contract completed and the construction contract going. It was clearly intended to be included, and has been included in all the talks about total project costs. Public comment - none. Mr. Dawkins asked Mr. Witt if this was the only thing forgotten on this project? Mr. Witt responded he hopes so, it is the only one he knows of, and it was simply an oversight. Mr. Dawkins commented they are doing a great job on this project. Mr. Overson suggested one way to not have problems with the oversight is to not do any work until approval is obtained. Mr. Witt stated that yes, he recognized that. Mr. Colvin asked if that was practical, all the time? Mr. Witt stated in terms of this design issue, it was definitely more practical to bring it to Council earlier. There are times when it is not practical, and they try to keep Council informed during those times. Mr. Farr asked if the suggestion, or the eventual adaption of this liquid Hypochlorite system to replace the chlorine gas system came from input provided by the Citizen's Advisory Committee? Mr. Witt stated yes, they were a big proponent of that system and they requested his department to go back and look at it. At the same time the Committee was looking at it, the Value Engineering review was underway and the Citizens Committee urged that the gaseous chlorine process be eliminated, if possible. This led to the idea to allow it to be done, cost effectively, within the budget. M/S/C(Farr/Colvin) to authorize and direct the Mayor to execute the attached Contract Amendment No. 2 with R.W. Beck for design services. Vote on Motion: In Favor: Farr, Law, Dawkins, Colvin, Winters, Neville, Huff-Menees TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 5 of 16 Motion carried. Abstain: Overson Don Pratt, Director of Community Development, discussed ways he feels this system will benefit his department. He talked about how the City is comprised of financial resources and physical resources. His department currently is keeping track of the physical resources of this City manually. Maps are being drawn, for the most part, manually. This can be extremely difficult, especially in light of the technology that is available today. He stated his department could make good use of this new system, and yes, it would save money in the long run. The money saved will come from the quality of information that the department will be able to provide Council to make their decisions. It will also save on the desk top, where planners are making recommendations to Randy Witt, City Engineer, stated this is the first "baby step" in providing graphic information system usage by the City. Projects, such as the Council District maps, are now made using the AutoCad system, which is a mapping/drafting tool, which is cumbersome to use. It is seen as a growing need to provide a more formalized graphic information system with appropriate computer programs and appropriate computerized capabilities. The PUD has seen this need also, and is willing to provide funds to help the City get such a system started. This will create a new, permanent position for the City, and this person will be responsible to operate the GIS system. Also, the PUD has been responsive, during discussions, about providing additional funding next year, the exact amounts are subject to negotiations. 7C - GRAPHIC INFORMATION SYSTEM - ESTABLISHMENT OF A PROGRAM AND APPROVAL OF A BUDGET ADJUSTMENT, #AB95-203 The City Engineer, as manager of the City's mapping system, has determined that the City needs to develop Graphic Information System (GIS) capabilities in order to meet the growing system needs of the City. Currently, the City has limited capabilities with an AutoCad system and specific modeling programs. However, it is generally considered that use of these systems in providing GIS data is cumbersome and limited. Additionally, the County has developed significant data on a GIS system which will be valuable for the City to access. Working with the Public Utility District #1 and the County, the City has developed a program to provide GIS services to the City. The PUD has agreed to provide $25,000 in 1995 to start the program and conceptually has agreed to provide additional funding in 1996 to continue its implementation. The attached program budget shows how the 1996 funding will be allocated, including computer equipment and a new position. Staff sees this as the initiation of a long term commitment to providing GIS services to the City. TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 6 of 16 Council based on maps that are "scabbed" together from 3 or 4 different sources, then put on paper by a "cut and paste" method, rather than bringing it up on a computer, and having the computer place it on the page. He feels very strongly that the City needs to make a commitment to manage its physical resources in this manner. He feels it will be worthwhile; however, if later it proves NOT to be worthwhile Council has the authority to then say we are not going to spend any more money on the program. When the PUD funds run out, if they ever do, the Engineering Department will be required to identify a funding source. If the answer is to ask for more money to keep that position alive, it can only happen if Council approves it in the budget. Mr. Witt pointed out his one greatest fear, that the demand for this system is going to out weigh the Engineering's ability to provide information requested. This one person, properly trained and properly equipped, is going to have a hard time keeping up with not only the Community Development Department's desires, but also the Fire Department, Police Department, Parks Department, City Council, Risk Manager...the list can become endless. It will probably be one of his greatest challenges, as manager, to say what will be provided, and at what speed this system can grow. Public comment - none. Mr. Dawkins referred to a letter listing other cities and entities, and asked were they all involved in this? Mr. Witt said no, the letter refers to training classes that have been set up, and all of the parties listed are participating in training classes, which will help keep the cost down. Training will be on Arc View software, which is the software currently used in the department, and they need to learn how to use it. Mr. Dawkins asked if these people would be able to, theoretically, run the program after going through the class? Mr. Witt stated they will be able to use the Arc View software. He went over the two different types of software, and the different ways they are used. Arc View is for the users of the system, not necessarily the creators of the system. Mr. Law asked, if at some future date, would the City be providing a service to the developers and other outside businesses, and will it be free of charge? Mr. Witt stated what it will provide is readily available information for developers. This is one use and will probably be the first use that will come up. For example, someone may come to the counter and want to know what their zoning is, or where their critical slopes are, and that information could all be put on one map and easily readable area, rather than going to 3 or 4 different sources with different scales and different levels of accuracy. The Utility Department will also be able to TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 7 of 16 keep water, sewer, and stormwater right-of-way information on the same system, so that type of information will be available to developers. Mr. Law asked then, would this be a free service? Mr. Wit~ stated that it is all publicly available, and historically, it has been provided free. Mr. Overson stated it looked like a pretty good program, but questioned why would the PUD want to fund the City GIS program? Assuming they did as they are proposing, why would the City only want to contribute funds from the utilities and nothing from the Community Development Department? The other questions he had revolve around future funding. He noted the PUD is a pretty solid financial organization, and trusts they will continue funding this program, if they desire to, but when you look at the reason they are supporting it at the present time, you will see that reason is going to eventually go away, and thereby the cost will fall onto the City. He wanted to state up front that the City has other priorities for new personnel before acquiring a GIS manager, or someone to run that function. If the funding does go away, he trusts the City is prepared to absorb the costs, and not come to Council and ask for more funding, because in his opinion, there is much more funding ahead of that. Mr. Witt stated those were good questions, and part of what he was alluding to was that this is a permanent position and a permanent program. He reiterated comments made earlier that Council does see the budget every year and would have approval authority of the budget. The PUD has agreed to fund this project for two reasons: (1) they are interested in getting all the water systems mapped in the County, which is one of their main goals, and this meets that goal. They are comfortable providing funding this year, and making it a staff level commitment to fund some reasonable portion next year; (2) they are also interested in funding it as a result of discussions the City has had with them in the past, about the revenues they receive from the City water service area versus the benefit back to the water service through the City. Regarding future funding, he looks at this as a commitment to not have to use General Fund monies the first 2 years. After that, he is unsure what is going to happen. Logically, the General Fund has an ownership into this program, and has use for it. Whether the PUD continues to meet that financial need, or whether the City must identify some other funding source, it is something that will have to be addressed in the future. Mr. Law hoped that at the end of two years, there would be a track record in place that would provide the opportunity to split the costs among the other departments, if outside resources were not available. Mr. Witt stated it was all General Fund money, and if Council wants to put it back to the departments, that is an option. #1723 TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 8 of 16 His goal is to have such a desirable product that it would be tough to get rid of it. Mr. Colvin expressed his appreciation for Mr. Witt for always being up front with Council, but had he given through to other alternatives if the PUD funding went way? Mr. Witt said he can not provide assurances for what the PUD will fund in the future. The Utility Department sees real benefits to this program, which would then provide better service to both customers and field crews. As other departments find uses for the program, there is question as to what their contribution to the system will be. The PUD is currently picking that up, but after 1996 he is not sure what will happen. MaYor Hotton stated instead of looking at what we are going to do should PUD funding end, we should look at this as two years of funding, and two years of project work that we would not otherwise be able to do. Then, we can address what will happen. In the meantime, the City will have 2 years of GIS mapping that we can used in all projects throughout the City, and as an added benefit to our customers. Let's take this as a gift, use it to the best of our abilities for the next two years, and be thankful that we got it. When money dries up, it can be assessed at that time how important it is to continue the program. Mr. Winters stated that he has never seen Don Pratt so compassionate about a very useful tool to make the work in his office much more expedient. It is accurate, quick, veryversatile, and he agrees 100% with the Mayor and Mr. Witt's position on this issue.. If this is as good as they say it is, then he feels Council should move forward with it. He thinks it will be a very good investment for the future of Bremerton. Mr. Colvin and President Huff-Menees also concurred in the benefit of such a program tothe City. Mr. Farr stated he thought he heard Mr. Pratt mention that people coming to his department to get a building permit will probably get one even quicker after everything is put on maps, so based on that he too will support the proposal as presented. M/S/C/U(Farr/Winters) to approve budget adjustment implementing the GIS position and providing for equipment acquisition. Mr. Overson stated that he knows the Mayor and staff are excited about this program, and agrees it is a good program. However, Council has the burden of watching the budget of the City. Mr. Pratt "hit the nail on the head" with the words "budget creep". All the concerns of that term are the Council's responsibility. If you look at this City's response to building permits, and compare it with surrounding cities/counties, he believes Bremerton does a TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 9 of 16 much faster and better job at a lesser cost. He asked that Council simply keep this in perspective, that even though it is a valuable program from one standpoint, it is not MORE valuable than many of the other budgetary concerns that the Council and the Mayor have to think of as time goes on. 7D - BID AWARD RECOMMENDATION - TIMBER 8ALE 2-95/HIGHWAY Hld~DWOOD (WEST BELFAIR VALLEY RO~D), ~B95-204 The City of Bremerton owns the forest lands on either side of Old Belfair Highway (West Belfair Valley Road) from approximately around the area of the Forestry'Operations Office on the east to McKenna Falls Road on the west. This area is located within the City limits of Bremerton. A recent survey of the area indicated the presence of potentially hazardous trees. Removal of these potentially hazardous trees is recommended in order to minimize the City's liability. Therefore, the above timber sale was prepared and bids called for. The sale area is located approximately 3/4 mile west of Gorst and adjacent to the Old Belfair Highway (West Belfair Valley Road). Volume of timber is 200 MBF on 13 acres. Minimum bid amount is $100 per MBF. The bids were opened this afternoon, and there was one bid at $101 per thousand board feet, from Gemini Incorporated, for a total bid of $20,200. The bid tabulation is attached. Bill McKinney, Forestry Manager, Public Works & Utilities, stated this timber sale is different in that generally we are looking for revenue generation for the water utility, but this time it is a safety issue, both for the public and City employees. Trees adjacent to the Old Belfair Highway are in a condition where they are expected to fall, especially during inclement weather. He displayed a map showing the location of the project, which is the Old Belfair Highway, also known as the West Belfair Valley Road, from approximately 400 ft. west of Division Street all the way to the junction of the McKenna Falls Road. The preponderance of trees needing to come out are in the segment between the 400 ft. west of Division Street and the Golf Course entrance. For background information, most of the trees on the east side of the roadway are hardwoods. The trees have a tendency to grow out over the highway, basically creating a tunnel effect over the highway. Because of their age, there is a decline in the vigor of the tree such as rot. Trees have been brought down by snow and wind because they are already leaning. There have been close calls with vehicles, so it is a safety issue for those traveling along TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 10 of 16 the highway. It is also a safety issue for City employees who are called out in poor weather conditions to cut the trees out of the way that have fallen. To put the public at rest, they will not be clear-cutting huge areas of trees. It will be more like small strips, some that go back from the edge of the road anywhere from 50-75 feet, basically, no more than a tree length. Most of the trees marked are individual trees, with the majority of trees left standing. The biggest issue for the public and the City, is that there will be some inconvenience to the public. Due to the removal of the trees, segments of the highway will need to be shut down completely. There is no other practical way to get a contractor in to fall a few trees at a time, and try and pass traffic through at the same time. It is being proposed to have a detour route beginning at Sam Christopherson Road down Highway 3 to Belfair, and back on Old Belfair Highway. For those traveling from Bremerton to get to the Golf Course, the detour will add 15 miles and 20 minutes more. Residents will be the most impacted, and the detour will add approximately 14 miles and 15-20 minutes more to their normal commute time. The contractor will close the highway one segment at a time, between the hours of 7:30 AM and 4:00 PM. A schedule and plan will be published ahead of time. There will also be some door-to-door notification for residents and businesses in the area. Only one bid, slightly over minimum, was received; and the company has had experience in this type of work. The payment to the City in timber revenue is expected to be $20,000. Basically, the City is getting removal of some potentially hazardous trees, getting the road opened up, and making enough money from timber revenue to make some restoration along the road. A video was provided showing the conditions of the roadway and trees. Mr. Dawkins raised a point about an injury accident that happened in 1993 along this roadway. Mr. Mckinney stated during a 1993 winter snow storm a maple limb, which was hanging over the road, broke from the weight of the snow and fell across the front of a vehicle that was traveling up the highway. Mr. Winters stated his concern, when driving down the road in the winter time, is encountering black ice due to the trees screening out the sunlight to melt the ice. Mr. McKinnev stated he expects the project will open up some areas; however, this proposal is not to "clear cut" a wide swath on both sides of the highway. What they are attempting to do is strike a balance between getting at the area where this type of problem predominates with the least amount of disturbance to the highway. TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 11 of 16 Public comment - none. Mr. Colvin asked if the trees would be topped? Mr. McKinney stated no, this project calls for complete removal of the trees. Also, the trees to be removed are on the downside of their life cycle. Mr. Overson stated he had understood previously that the intent was to leave the road open to traffic and measures would be taken to control traffic to keep it within safety levels. Mr. McKinney explained one things they looked at was if they did try to maintain one-lane of traffic flow and get the trees out at the same time, it would probably double the length of the project. He estimates that 1,200-1,500 trees will be removed and getting them pulled out, cut up and limb debris cleared might delay people longer than routing them around on Hwy. 3. He noted there is an access road that ties in between Highway 3 and the Golf Course entrance road (one-lane dirt/partially paved road), that will remain open for emergency traffic. The condition of that road and the width will not lend itself to route public traffic through that access. Mr. Overson recommended that a personal letter outlining this project should be sent to everyone living along the roadway to Belfair. Mr. McKinney stated he anticipates having detour signs up at least 10 days prior to the project starting. Randv Witt, City Engineer, stated typically Mr. McKinney logs off trees that are not near or next to roadways, but as they discussed the options the most important element is safety for both the logging operation and the vehicle traffic. Mr. C01vin asked the duration of the project? Mr. McKinneV explained the contract language states logging operations will begin 10 days after execution of the contract. After the work begins, the job must be completed within 30 calendar days. Every aspect of the project has to be finished by November 30, which includes a small amount of additional time for clean up along the sides of the road that may not interfere with traffic. The time frame they are looking at would be to start in early October. The hours of closure, which the contractor will have to adhere to, will be 7:30 AM to 4:00 P.M.. Mr. Dawkins commented golfers will not be deterred by a detour and he believes the tree removal project will be of benefit to the people living along the road since it should reduce the incidents of trees falling across the roadway and closing both lanes. McKinney stated they are trying to do this project in as controlled a situation as possible. During the winter months it is amazing how often that highway is completely closed due to stormdamage and fallen trees. He expects to alleviate a lot of those kinds of problems through this project. #0017 TAPE #1320 City Council Reg. Mtg. Minutes September 20, 1995 Page 12 of 16 Mr. Mevillequestioned for clarification that removal of these tree will in no way compromise purity of the City's water in the watershed now or in the future and is done strictly as a safety aspect? Mr. McKinney stated Mr. Neville was correct. The area affected is not in the water supply area, but there are some forested wetlands involved on the fringes of the area to be cut, which they plan to skirt. All of the yarding will talk place within the highway right-of way. The trees will actually be removed from the highway. Mr. Neville asked if Mr. McKinney had personally marked the trees to be removed and only those trees will be removed? Mr. McXinneV stated yes, however, the contract does allow if there are additional trees identified as hazardous, they can be added. Mr. Neville noted in the contract Mr. McKinney did try to mitigate the inconveniences as much as possible and the contractor will have a sweeper available to make sure the road is cleared off by 4:00 P.M.. President Huff-Menees stated it was unfortunate that there needed to be any inconvenience, but a temporary inconvenience is better in the long run than frequent inconvenience during the winter months and a safety hazard. M/S/C/U(Law/Dawkins) to accept the high bid submitted by Gemini Incorporated for $101.00 per board foot of hardwood, and authorize the Mayor to execute the contract for sale and removal of potentially hazardous trees from Water Utility lands, subject to City Administrative Policies and Procedures. TAPE #1321 8A - ORDINANCE NO. 4527 (8ECOND READING) REVISING PROCEDURES FOR JUNK VEHICLE ABATEMENT HEARINGS, #AB95-183 Public comment - none. Mr. Neville asked if Mr. Sievers was happy with the wording in the ordinance and if it tightened up any loop holes that were a problem before relating to junk vehicles? Ian Sievers, City Attorney, stated yes, the changes made would allow the ordinance to be more workable in the clean up program. #0034 M/S/C/U(Neville/Winters) to pass Ordinance No. 4527 on second reading, amending the junk vehicle abatement provisions and amending Section 9.08.090(a) of the Bremerton Municipal Code. 9A - CONTINUED PUBLIC HEARING: RESOLUTION NO. 2523, REGARDING THE RECOVERY OF FEES FOR THEABATEMENT OF GARBAGE ANDDEBRIS LOCATED ON THE PROPERTY AT 1537 CARR BOULEVARD, #AB95-199 On August 7 and 8, 1995, the City of Bremerton Street Department removed garbage and debris from the property located at 1537 Carr #0172 TAPE #1321 City Council Reg. Mtg. Minutes September 20, 1995 Page 13 of 16 Boulevard, after the owner, Olea Johnson, failed to obey a Notice and Order to Remove Refuse within 72 hours. The abatement fund was charged $4,059.90 for the work. David Nelson, Building Inspector, stated the subject property began as an Abatement Of A Dangerous building and an inspection was made on March 14, which revealed the house had been abandoned for many years and was dilapidated and failing. He then reviewed the notification process and reported on April 6, 1995, a permit to demolish the structures was obtained and the work was completed and ready for final inspection on June 14, 1995; however, in the process of demolishing the building, all of the debris from the interior of the house and exterior was left on site and an Order To Remove Refuse was posted for 72-hour removal by June 23, 1995. On August 7, 1995, the Street Department was directed to remove the debris and garbage from the property and the attending bill of $4,059.90 was initiated. This cost is high for removing debris, however, 130 yards of debris were removed from that site. Public comment - none. Mr. Winters asked how did the City intend to recover those fees? Mr. Nelson explained the 72-Hour Notice announces that the fee will be collected through a Collection Agency for 30 days and if not paid within that time frame it becomes a lien against the property. Mr. Winters asked if the owner had indicated they would pay the fee? Mr. Nelsons stated he was contacted by the children of the owner, who is in a nursing home, and they indicated the 30 day period would give them time to make arrangements to make the payment without too much difficulty. Mr. Winters asked if they would be allowed to make payment directly to the City? Mr. Nelson stated under the Uniform Code For The Abatement Of Dangerous Buildings payments are allowed to be made annually at the rate of $500.00 per month until the amount is paid off. Ian Sievers, City Attorney, stated the City would not consider the payment delinquent if a payment arrangement was set up and was something that has been done in the past. M/S/C/U(Overson/Winters) to pass Resolution No. 2523, determining that garbage abatement fees are reasonable, and charging the costs as a personal judgment of the property owner, and a lien against the property located at 1537 Carr Boulevard. 9B - PUBLIC HEARING ON RESOLUTION NO. 2524, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS LOCATED ON THE PROPERTy. AT 927 HIGHLAND AVENUE, -:AB95-205 In August of 1994, the City of Bremerton Street Department removed garbage and debris from the property located at 927 Highland Avenue, after the owner, Robert Snyder failed to obey a Notice and #0325 TAPE #1321 City Council Reg. Mtg. Minutes September 20, 1995 Page 14 of 16 Order to Remove Refuse with 72 Hours. charged $819.00 for the work. The abatement fund was David Nelson, Building Official, stated this particular property has been an ongoing problem for the City due to being sold and changing ownerships quite regularly. Upon receipt of a complaint a Notice Of Abatement For Substandard Conditions under the Bremerton Housing Code was posted on the property for removal of debris from the yard and basement and securing the basement by 7- 24-94. That notice was accepted by Linda Snyder and on 7-26-94 the City conducted an inspection and found no change in the condition. On 8-5-94 Mr. Robert Snyder called the Building Department and stated he would take off August 15 and 16 to clean up the property, but the work had already been completed by the City Street Department. On 8-2-94 a cost of $623.10 was billed to Mr. Snyder and eventually because of other work that was done subsequent to that the Snyders were presented with a bill in the amount of $819.00, including an Administrative fee, for work performed by the Street Department. No response was received from that billing notice. The property has since been repossessed by a mortgage holder, so the City is initiating a Personal Judgement against the Mr. & Mrs. Snyder. Public comment - none. Mr. Overson pointed out the Administrative fee of $195.00 is significantly greater by percentage than the $55.00 charged in the last action. He asked if Council should be concerned of that difference? Mr. Nelson stated he did not have a breakdown for the Administrative responsibilities; however, when the first billing of $623.10 was sent the Administrative fee was not included because there was an intent to pay. When that did not occur, actions were taken that generated the higher Administration fee charges. M/S/C/U(Overson/Farr) to pass Resolution No. 2524, determining that garbage abatement fees are reasonable, and charging the costs as a personal judgment against the property owner of 927 Highland Avenue. 9C - PUBLIC HEARING ON RESOLUTION NO. 2525, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY AT 931 HIGHLAND AVENUE, #AB95-205 In August and October of 1994, the City of Bremerton took an abatement action against the property located at 931 Highland Avenue, owned by Robert Snyder. The building was abandoned, open to vagrants, filled with garbage and debris, and deemed dangerous. The costs for this action totaled $1,187.53. David Nelson, Building Official, stated a notice was posted #0464 TAPE #1321 City Council Reg. Mtg. Minutes September 20, 1995 Page 15 of 16 Ordering An Abatement Of Substandard Conditions at 931 Highland Avenue and a notice was sent by Registered Mail to Linda and Robert Snyder, which was accepted by Linda Snyder. That Order ordered removal of debris and garbage by 7-24-94; however, nothing had been done on the site by 8-2-94, and clean up was undertaken by the City's Street Department. On 8-9-94 Robert Snyder called the Building Department and stated he would be removing the debris on 8-15/16; however, he was informed the Street Department had already cleaned up the site and he would be billed for the work. The house was vacant, filled with garbage and apparently inhabited by vagrants, so an Order To Abate An Unsafe Condition was posted on the property. Mr. Snyder was notified by Certified Mail and the house was ordered secured by 9-16-94. Garbage ordered removed from house and carport and a permit for demolition of the house and carport was to be obtained by 10-8-94. On 10-21-94, the Street Department performed the work of securing the house with plywood. A bill in the amount of $1,187.53 was mailed to Robert and Linda Snyder. No response was made to that billing and the property was repossessed by a mortgage holder, who is not responsible for the condition of the property while it was owned by the Snyders. Therefore, a Personal Judgement is being brought against Mr. & Mrs. Snyder. Robert Snvder acknowledged the charges are his responsibility. He went on to explain the acquisition of property was a failed business venture and they signed over a "Quick Claim Deed" in December of 1994. He assured the City Council he and his wife would do their best to meet the financial obligations on both properties and would like to set up a reasonable repayment agreement, including a nominal interest rate. M/S/C/U(Overson/Farr) to pass Resolution No. 2525, ordering the fees incurred for the abatement of 931 Highland Avenue be collected as a personal judgment against the owner, Robert Snyder, as reasonable abatement costs. 9D - PUBLIC HEARING ON RESOLUTION NO. 2526, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY AT 2305 15TH STREET, #AB95-207 On May 24th and 25th, 1995, the City of Bremerton Street Department removed garbage and debris from the property located at 2305 15th Street, after the owner, Wayne Rushforth, failed to obey a Notice and Order to Remove Refuse with 72 Hours. The abatement fund was charged $1,152.49 for the work. David Nelson Building Official, stated a complaint was received in March 1995, and in April a letter was sent to the owner asking for voluntary clean up by April 27, 1995. When the site was inspected on May 5, 1995, there was no change in the condition and a Notice #0551 TAPE #1321 City Council Reg. Mtg. Minutes September 20, 1995 Page 16 of 16 To Remove Refuse was posted on the property giving 72-hour notice. A notice was sent to the owner by Certified Mail, which was returned unclaimed by the Post Office on May 26, 1995. On May 9, 1995, there was a note on the building from Mr. Rushforth asking for an additional 30 days to remove refuse. Phone calls to Mr. Rushforth were made on May 12 and May 19, but produced no answer. On May 24 1995 the debris was removed by the Street Department at a cost of $1,152.49, which included Administrative fees. Public comment - none. M/S/C/U(Farr/Law) to pass Resolution No. 2526, determining that garbage abatement fees are reasonable, and charging the costs as a personal judgment against the property owner of 2305 15th Street. Don Larson, President Washington Scuba Alliance, reported on his visit to Sydney, B.C., to witness sinking ceremonies for the HMCS McKenzie, a 366 ft. Canadian destroyer escort, as an artificial reef. He brought back posters commemorating that event. With no further business meeting adjourned at 7:40 P.M. ~EN~""L. '~CCLUSK~/~EY~ Clerk 2r~~,'C~°~ident KLM/SH-M/me cc: Normal Distribution File/Vault