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HomeMy WebLinkAbout03/11/98 #1530, 1531 CITY COUCIL MEETING MINUTES MARCH 11, 1998 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 11, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cedl McConnell, and Wayne Olsen. Councilman Carlos Montgomery was absent. Also present were City AttOrney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Roger Hennigan of Apostolic Life Tabernacle Church. President Farr made the following announcements: (1) The Council held a Study Session prior to the Council meeting to discuss general Council business. (2) City Council held a 10-minute Executive Session 5:15 - 5:25 P.M., in the Council Conference Room. The topic of discussion was "litigation". (3) The District #8 Public Meeting scheduled for March 17, 1998, at the Bremerton School District Administration Office has been canceled. (4) The City Council will hold a Study Session on March 18, 1998, 5:05- 5:25 P.M. The topic of discussion will be: Suquamish Tdbe's Chico Creek Watershed Project. (5) The City Council will hold a Study Session on March 16, 1998, 5:30 - 7:30 P.M., in the Council Conference Room. The topics of discussion will be Public Works and Utilities issues. CONSENT AGENDA A. Minutes of Meeting - February 25, 1998 #AB98-043 #0054 M/S/C/U(McConnell/Arends) Motion to approve the Consent Agenda as presented. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 2 of 14 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 #0074 MISICIU(Arends/Olsen) On March 11, 1998, the Council does approve for payment those vouchers included and further described as follows: 217654 through 21781 8 in the amount of $285,712.65. COUNCIL MEMBER REPORTS Mr. Reed reported Randy Witt, City Engineer, has determined that it will be possible to move the existing crosswalk in the Kitsap Lake business district 360 feet to the west of its present location. A specific time was not given when this will take place; however, anyone wishing to comment can do so by calling the City Council office 478-5280. Mrs. Arends reported work continues on the water connection at 6th and Montgomery, which will result in another interruption of service on March 12, 1998, at approximately 9:00 A.M. Staff anticipates that work will be completed as quickly as possible with no further inconvenience to area businesses and water users. Mr. Shepherd reminded District #5 residents that the next District #5 Neighborhood Meeting will be held on March 26, 1998, 6:30 P.M., at Memorial Lutheran Church located at 10th and Veneta. Mr. Law announced the next District #3 Neighborhood Meeting will be held on March 17, 1998, 7:00 P.M., at the Senior Center, and the guest speaker will be Russ Hauge, Kitsap County Prosecutor. There will also be an opportunity for questions and answers from their Council representative. The contractor for Puget Sound Energy has been trimming trees around power lines and causing some excitement by some of their methods. It was his understanding that they will try to be more careful and sensitive to the property owners that are affected. If anyone has additional concerns about that work taking place, they can call Mr. Law either through the City Council office (478-5280) or his residence. Mr. McConnell reminded everyone of the upcoming St. Patrick's Day Parade on March 14, 1998. He noted that Bremerton Main Street Association sponsors this event. Mr. Olsen announced the Warren Avenue Bddge Replanting Fund has received $525.00 in donations from the public. Donations to this fund are welcomed. He TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 3 of 14 will provide an updated report on the progress of that project at the March 18 City Council meeting. Mr. Farr reported today, he attended the Sinclair Landing Association Board meeting where they held election of new officers, which resulted in Rob Schneidler elected as President. Various agencies provided updates on the status of the project. The Bremerton Transportation Center is on track and anticipated groundbreaking on that project is slated slate for late May with the new passenger-only ferry portion opening Thanksgiving 1998, and the Terminal building being on line in January 1999. MAYOR'S REPORT Mayor Lynn Horton announced the Kitsap Water Festival will be held March 25, 1998, 9:00 AM - 2:30 P.M., at Olympic College. This event is an excellent opportunity for children to learn about water resources. Mayor Horton reported she received a letter from Andrew Cuomo, Secretary Of Housing and urban Development, requesting local agencies too help advertise the two-year HUD Fellowship positions. HUD is looking for individuals with experience in banking, planning, etc., to become centact people within local communities covering 81 cities throughout the country. The salary range for these positions is $50-$100,000 per year. Application deadline is May 1, 1998, and the Fellowship starts August/September 1998. Information on this program can be obtained in the Mayors Office or the HUD office in Seattle. PROCLAMATION: Mayor Horton proclaimed MARCH 19, 1998, as ABSOLUTELY INCREDIBLE KIDS DAY IN BREMERTON (Camp Fire Boys & Girls). Douglas and Lindsey Dawson and their mother Valarie Dawson, a Camp Fire leader, accepted the Proclamation. Mayor Horton acknowledged special guests in the audience, contestants for the Armed forces Queen and Court and introduced Sandra Howes. Sandra Howes stated she has again volunteered to chair the Armed Forces Festival Pageant, which will be held on April 8, 1998, at the Bremerton Performing Arts Center. Pageant volunteers include Debby Tamaras, a professional dancar, Georgie Brewer, assisting with modeling skills and etiquette, Mindy Whitney, and Judy Reynolds. She extended a special "thank you" to TCI Cable Vision for being the major sponsor of the Pageant. The following contestants introduced themselves: Guerin Austin, Senior at Central Kitsap High School and sponsored by Pacific Coast Energies; Rebekah Jung, Senior at Central Kitsap High School and sponsored by Bremerton Inc.; Heidi Jurges, Bremerton High School and sponsored by KPS; Lisa Kostelac, Senior Bremerton High School and sponsored by Kitsap Bank; Danielle Mooers, Senior Central Kitsap High School and sponsored by Tony's Italian Restaurant; Carolyn Waldo, Senior Olympic High TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 4 of 14 School and sponsored by Mediquip Services; Michele Wiler, Senior Central Kitsap High School and sponsored by today's Chevrolet. PUBLIC RECOGNITION Susan Brown, Bremerton resident, stated she would reserve her comments about Councilman Montgomery until the March 18, 1998, City Council meeting since he was not present dudng this meeting. Gordy Byrd stated he recently became acquainted with the New Faith Community Center located in Bremerton. He read into the record the Center's Mission Station and services available through that organization. Carol Atkinson and Tim Rvan, Bremerton Main Street Association, announced Councilman Cecil McConnell will be the Grand Marshal in the St. Patrick's Day Parade. The parade will be held March 14, 1998, starting at 11:30 P.M. The parade route will start at 6th and Pacific Avenue traveling to First Street, up Washington Avenue and down 4th Street. The Melody Lane Restaurant is hosting an Irish Luncheon immediately following the parade at a cost of $10.00 per ticket at the door. Don Larson, President Kitsap Diving Association, reminded everyone that Earth Day is April 18, 1998. The Diving Assodation is sponsoring its annual clean up event that will start at the First Street Dock. Jim Trainer from the Bremerton Parks Department will be coordinating tree planting, on that date, at Lions Field Park and possibly Pat Carey Park. Volunteers are needed and those wanting more information can call Mr. Larson at 373-7593, or the Parks Department at 478-5305. Mr. Shepherd noted he was part of a group that participated in the clean up event in 1997, where they picked up debris along the Evergreen Park shoreline. Mr. Larson stated his group is also hoping and working toward the day when Bremerton will have an underwater park. He was pleased that the State committed $250,000 towards development of underwater parks through the State Park system. Del Knauss, Bremerton resident, gave out some comparison information on what the Bremerton City Council's salary had been paid over the past 15 years and that of the City of Olympia. He reiterated his belief that the Bremerton City Council's salary was set too high in 1983. He handed out a survey that listed questions relating to the City Council's salary and asked that the survey be filled out and returned to him. He also submitted a request for public information that included the following: (1) list of committees that all Council members are assigned to including the City Council President. (2) List, over the past two years, Of attendance at Council meetings. (3) List of Council Committee Meetings. (4) List of Council Study Sessions. (4) List of regional committee meetings. He felt TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 5 of 14 strongly that a question should be listed on Water Bills asking the public to give input on future salary increases for the City Council. Bob Jaenicke. Bremerton resident, stated he could not understand why the City council voted to spend another $120,000+ for decorative light poles. He believes that action will create a problem for the City in the way of having to match them in other areas of the City and maintenance. If the funds could not be used for something other than traffic uses, he suggested applying them to recruit a new City Engineer, 8A - STREET REORGANIZATION OF PERSONNEL, #AB98 - 044 To approve the reorganization of Street personnel, adding one supervisor position and deleting two lead-service specialist positions. Bob Tulp, Public Works Operations Manager, stated he had nothing more to add and would be available to answer any questions. Public comment- none. Mr. McConnell stated his support of the proposal to eliminate two-lead position and adding one Supervisor position. Mr. Overson reflected Mr. Tulp was innovative in developing the proposal and he was excited about the potential even though it was untested at this time. Mr. Reed asked if in-house employees would be used to fill the positions? Mr. Tulp stated an Open Register would be used, which include both outside and inside people. It is always hoped that people within the department have the necessary qualifications to promote up and they are encouraged to apply for the openings. Mr. Reed noted the Lead Service Specialist was retiring after 30 years. Mr. Tulp explained a Service Supervisor is retiring with 30-years of service. He felt this was an opportune time to interject the change by eliminating two Lead Service Specialist positions and adding one Supervisor position. The two supervisors will have distinct responsibilities and crews, one primarily for asphalt work, and the other will handle the concrete work. The 1998 Budget identifies 11 people in the Street Department; however, the new reorganization shows 10. He pointed out the remaining salary allocation for the person retidng will be used for four seasonal people for five months during the peak time for street repair. If that is successful, he will bring the issue back to Council dudng the 1999 Budget process for further discussion. If that is not desired, another person will be hired at the bottom end step in the Street Division. President Farr asked if Mr. Tulp was the originator of this proposal? Mr. Tulp stated yes. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 6 of 14 #1253 MISICIU(Arends/McConnell) Motion to approve the reorganization of Street personnel, adding one supervisor position and deleting two lead-service specialist positions. 8B - BID AWARD FOR KITSAP WAY STREET IMPROVEMENTS FROM AUTO CENTER WAY TO WESLON PLACE, #AB98 - 045 Bids were opened for the Kitsap Way Street Improvements Project on February 3, 1998. One bid for this project was received. The bid from Ace Paving Company, Inc. was $1,193,401.02. The Engineers estimate for this project was $1,210,357.44. These street improvements will include the addition of curb, gutter, sidewalk, and illumination along Kitsap Way. In addition, there will be a pavement overlay to improve the condition of the existing roadway. The City will also be incorporating a State project into this project for new signals at Kitsap Way and the North bound ramps for State Route 3. The action before the City Council is approval of a contract with Ace Paving Company, Inc. for the Kitsap Way Street Improvement Project. Lynn Price, Senior Engineer, stated he would be available to answer questions. Bob Jaenicke, Bremerton resident, questioned the exact location of the traffic light? Mr. Price stated the new traffic signal will be at the northbound ramp to SR-3 on Kitsap Way. Mr. Law noted the proposal includes having two lanes existing off of Kitsap Way south onto the freeway entrance. Mr. Price explained the improvements are significant in terms of improving traffic operations. The two lanes turning southbound on Auto Center Way will alleviate considerable traffic congestion in that area. Mr. Reed asked if anyone had addressed the misalignment between Shorewood Drive and Baer Blvd., and if a traffic signal will be added or was the existing traffic signal being relocated? Mr. Price stated an additional signal will be installed. There will be some adjustments at the Shorewood Drive/Baer Blvd., intersection so that the alignment works better. The plan is to also install spot buttons to assist in navigating that area. Mr. Reed questioned if the grade on Shorewood Drive would be addressed? Mr. Price stated no. Mr. Reed stated he fully supported this much needed improvement. #1450 MISICIU (Reed/Law) Motion to approve award of the Base Bid for $1,193,401.02 with Ace Paving Company, Inc. for Kitsap Way Street Improvement Project, and not award the Schedule C additive optional bid, and authorize the Mayor to execute the same. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 7 of 14 8C - SUPPLEMENTAL AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING FUNDING OF IMPROVEMENTS TO KITSAP WAY. WESLON PLACE TO AUTO CENTER WAY. AND SIGNALS ON SR3 REMPS AT KITSAP WAY AND NEWBERRY HILL. #AB98 - 046 The City of Bremerton and Washington State Department of Transportation (WSDOT) previously entered into an agreement on July 3, 1997, which provided for the City to construct traffic signals at the Kitsap Way and the Newberry Hill Road Interchanges on SR3. The attached Supplemental Agreement adjusts the costs for the traffic signals based on the low bid received for the Kitsap Way improvement. In addition, it identifies WSDOT's responsibility to pay for a portion on the improvements on Kitsap Way within their limited access area for SR3. The Supplemental Agreement reimburses the City for the related construction and inspection costs in the estimated amount of $373,048.22. Lynn Price, Senior Engineer, stated he would standby to answer questions. Bob Jaenicke, Bremerton resident, questioned who would maintain, adjust, and set the streetlights considering they are so far outside City limits? Mr. Price explained the City will maintain and adjust the lights, but will be reimbursed by Washington State Department of Transportation for those costs. Mr. Overson questioned if he understood correctly that the City already maintains various traffic signals throughout the County? Mr. Price stated yes. Mr. Reed expressed his belief that the proposed improvements are badly needed. #1616 MISICIU(McConnell/Reedl) Motion to approve Washington State Department of Transportation (WSDOT) Agreement No. GCA-O914 Supplement No. 1, and authorize and direct the Mayor to execute the agreement. 9A - RESOLUTION NO. 2647. SUPPORTING THE ECONOMIC DEVELOPMENT COUNCIL RECOMMENDATION FOR INDUSTRIAL LANDS IN KITSAP COUNTY. #AB98 - 047 The Economic Development Council of Kitsap County has worked diligently over the past several years to provide a plan for economic diversity. The primary motivation for this effort is the continued heavy dependence of the community on the downsizing United States Navy. The provision of adequate supplies of market-supported industrial land to accommodate future demand goes to the heart of the economic diversification issue. The EDC Industrial Land Market Analysis combines the knowledge and experience of public community development and private business professionals to calculate shortfalls in developable industrial land in Kitsap County. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 8 of 14 A public declaration of support is attached in resolution form. This resolution is presented to cause the Council to have a public dialog on the issue, and to pass or reject the resolution, as presented, supports the recommendations and policies contained within the Economic Development Council Industrial Land Market Analysis, prepared July 1994. Mayor Lynn Horton stated although the City of Bremerton owns several hundred acres of property that are zoned for industrial use, approximately 150 - 170 acres are unusable due to steep slopes, sensitive lands, wetlands, etc. Over the past several years, the City has worked with the Economic Development Council (EDC), and supports their efforts in trying to secure more industrial land in the Kitsap County Comprehensive Plan. As Council is aware, the fate of Kitsap County is in the hands of the military, military contracts, military budgetary appropriations and the ways of the world. It is desired to see a more diversified economic base in non-military kinds of industries. She supports the proposed resolution and encouraged the to City Council lend their support by approving the resolution. Public comment - none. President Farr stated Tim Arnold, Vice President and President select of the EDC, made a presentation before the Council at the February 28, 1998, Retreat. The information provided by Mr. Arnold was well received by the Council and it stressed the importance of the Kitsap county Comprehensive Plan indicating sufficient acreage zoned Industrial to protect the future of the county. It was also pointed out during that presentation that the Comprehensive Plan will look at a 20-year period and encourage diversification and supplies of land/jobs. What the County is recommending would only provide a minimal number of jobs over and above the replacement of the jobs lost through the military down sizing. He views this as one of the most important issues the Council has before them and encouraged his fellow Council members to approve the resolution as presented. Mr. Overson stated of the 2,029 acres designated in the 1994 Plan, only 500 acres are currently determined to be likely available for actual development for industry. He appreciates what the Navy has done for him career wise and economically within the community; however, they are also under a very tight budget and must cut back their military Department of Defense activities. He emphasized the need to protect the future so that the young people in the community will have jobs available to them. Mr. Reed concurred with the comments made by President Farr and Councilman Overson and fully supports passage of the proposed resolution. He also supports Mayor Horton's intent and vision for urban growth areas and TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 9 of 14 commended her for a "job well done" championing that effort. He hoped Kitsap County officials would give the subject resolution sedous consideration before making their final decision. Mr. Shepherd echoed his fellow Council member's comments and observations. Utilization of the 2,000+ acres is dependent on availability of utilities and environmental issues. President Farr announced the county will hold a series of public meetings pdor to the April 3rd deadline that may or may not be met. Information on those meetings can be obtained from the City Council Office. #1995 MISICIU(McConnelI/Reed) Motion to adopt attached Resolution No. 2647, supporting the Economic Development Council of Kitsap County Industrial Land Market Analysis of July 1994 Mayor Horton reported she met with Richard Wineman and several County staff members to discuss the County's Comprehensive Plan and how it affected Bremerton. A follow up meeting was held on March 6, 1998, where the City offered a compromise position. The City recognizes the County is under pressure to try and satisfy many different parties and she felt a compromise position had been reached that would help them in their deliberations and was something the City could defend. Included in that action were several areas of industrial property, including Port Blakely, property around the Bremerton National Airport, and McCormick Land Company properties. She believes the City's comments were well received by Mr. Wineman and Mr. Fleming and Commissioner Best was also present to hear that discussion. No promises were made, but she felt it was a very positive meeting. 10A - ORDINANACE NO. 4624 ISECOND READING) ESTABLISHING A PUBLIC ACCESS ADVISORY COMMITTEE, #AB98 - 042 Public comment - none. #2100 MISICIU(Olsen/Arends) Motion to pass Ordinance No. 4624 (on second reading) 88establishing a Public Access Citizens Advisory Committee, and repealing Chapter 2.100 of the Bremerton Municipal Code. Mayor Horton asked that anyone, both City and Kitsap County residents, interested in serving on the Public Access Advisory Committee contact her office 478-5266. 11A- PUBLIC HEARING ON RESOLUTION NO. 2645, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1537 OLYMPIC AVENUE, #AB98 - 048 TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 10 of 14 On January 16, 1998, the City removed appliances, garbage, and debris from the property located at 1537 Olympic Avenue, after the owner, David Wingo, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $243.00. Council must now decide if the fees are just and reasonable and how they should be collected. Judy Johnson, Department of Community Development, handed out several photographs of the subject site that had been taken over time. As a result of the December 1996 storm, there was a failure of a carport at this site. The City sent a letter to the Mr. and Mrs. David Wingo, owners of the property, on February 20, 1997, asking them to remove the destroyed carport and the debris. In May the City posted a 72-hour notice that they needed to remove furniture, appliances, carport debris and garbage. A subsequent call was made by the Police Department due to a conflict between the neighbors and Mr. and Mrs. Wingo. The Wingos were requested to remove the appliances from the front yard, but the tenant felt that since their notice was not posted at 1535 Olympic Avenue they were not part of this abatement order and the City was going to issue another order in May of 1997. The City received another complaint in August about garbage at the entire duplex site, which resulted in the City posting another 72-hour notice on October 3, 1997. On a number of occasions, City staff spoke with the Wingos, who promised to remove the appliances. In January 1998, the City had the Street Department remove the appliances and debris. In February 1998, a call was received from the tenant indicating they intended to sue the City for the removal of a conch shell. The tenant became verbally abusive; however, the City informed them that adequate notice had been given to remove the debris between February 1997 and January 1988. Staff recommends that $243.00 be the amount approved for reimbursement since it reflects the actual costs incurred. Ms. Johnson pointed out the City Council approved an Administrative Fee on garbage removal after this particular case came up following the December storm. David Wingo, Sunnyslope resident, and owner of the subject site, stated he received a letter addressing the removal of appliances at 1535 Olympic Avenue, which they copied and delivered to the tenant at that address. At a later date, he and his wife went to that site and removed a pickup load of garbage. They returned at another time to pick up more debris; however, the tenant called the Police, who told the tenant they could not live in that kind of condition, and the tenant's response it was their belongings. The Wingos believed they had no authority to remove the items from that site. The debris from the damaged carport, which was located at the other side of the duplex, was removed. They applied for a permit to rebuild the carport, which took 4-5 months. He believed Janet Lunceford and Scott Erickson should be commended for their work in the building department. Mr. Wingo noted the tenant did remove 14 tires from the yard into their residence. He believes the tenants should be responsible for the TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 11 of 14 removal charges and per the Bremerton Housing Authority they do have the financial resources to pay for garbage service and utilities. Glenna Malanca, City Attorney, stated this is clearly an issue between the landlord and tenant. The City has the direction to have health problems/garbage compilation issues removed and the property owner is ultimately responsible. The landlord is in the position to take advantage of numerous remedies, including the Small Claims Court. It is not appropriate for the City to become involved in that landlord/tenant issue. Mr. Wingo stated as a landlord, he did not believe he had the right to remove articles from the premises without the tenant's permission. Mrs. Malanca stated Mr. Wingo was correct so long as there is no violation of City ordinances, however once that happens then the City takes its action and the landlord does not have the concern at that point. Mr. Wingo questioned for clarification wasn't that giving the tenant's responsibility to him as landlord? He believed the issue was between the tenant and the City. Mrs. Malanca reiterated the issue is between the landowner and the City. Bob Jaenicke, Bremerton resident, expressed concem that when something of this nature comes up the City Attorney always has an opinion in favor of the City. He believes the reason the City is pursuing payment from the landowner is it may be difficult to get it from the tenant. Mr. McConnell asked what recourse would a landlord have when the tenant called the police to stop a landlord from removing items from the property? He also questioned for clarification if the action involved removal of the damaged carport or just the appliances? Ms. Johnson explained the carport was part of the original complaint, but there were other things, i.e. debris, appliances that stemmed from the carport failure. Part of the damage carport was cleaned up and a considerable amount of work has been put forth to reduce what was on one side of the duplex. Mr. McConnell expressed some confusion over the involvement of the police in stopping the removal of items by the landowner when the City expected them to carry out the garbage removal order. Mrs. Malanca stated she had not reviewed the Police report on that incident. She referenced Mr. Wingo's letter dated February 20, 1998, which stated: "Two Police, Janet Lunceford and a lady from the City came. They all told Gall Radzick she could not live like this, that the place had to be cleaned up." Mrs. Malanca did not see where the Police got involved in this landlord/tenant issue. Mr. McConnell stated he empathized with the landlord when a tenant elects to live in a pigsty. He asked Mr. Wingo why he left the property when the Police Officer was called to the site instead of collecting the debris, etc.? Mr. Wingo stated they did not get the ok to remove the appliances. Mr. McConnell asked whom did Mr. Wingo expect to give the ok? Mr. WinGo stated since the tenant called the Police he TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 12 of 14 felt he needed written permission to continue removing items from the site. Mr. McConnell stated he believed the City's posting ordedng the removal of items gave the landlord the right to remove them. Mr. Wingo pointed out had it taken that action he would be facing a lawsuit filed by the tenant. Mrs. Johnson concurred with Mr. McConnell that the posted order notice provided the necessary authorization. Mr. Overson stated he believes the City did Mr. Wingo a favor and that he still had other recourses to seek repayment for the charges from the tenant. Mr. Reed stated the biggest issue he sees in this situation is Mr. Wingo making several attempts to comply with the clean up notice; however; the problem lies with how interpretation is made over what is garbage and what is personal property. He understands the City's ordinance and the intent to encourage cleaning up properties, but it is reasonable for Mr. Wingo to think he would be sued for removing personal property, if that would have been the case. He believes the City's ordinance is flawed and suggested putting this item on hold until a review is made of the Tenant/Landlord Act to see if the City is ordering the landlord to break the law. He believes the landlord has made a reasonable attempt to solve the problem. He asked if the City had received notice of a lawsuit being filed by the tenant? Ms. Johnson stated she was not aware that the tenant had filed a lawsuit. Mr. Shepherd asked if the City's ordinance holds the landowner responsible for the upkeep of the property under a Nuisance Law?. Mrs. Malanca explained unpaid fees are a lien against the landowner. Mr. Shepherd stated it was the City that provided the landowner the authority and tools to enforce compliance. Mrs. Malanca stated yes. She noted that the tenant, over a period of months, had the opportunity to pick up any article of value prior to the removal by the City. TAPE #1531 Mr. Law stated this comes under "pride of Bremerton" and you can't have pride if a next door neighbor trashes their property. He was sorry that the landlord is caught in the middle, but is part of the responsibility of a landlord. He had faith in the leadership of Ms. Johnson and Ms. Lunceford in dealing with garbage abatement issues based on their past performance. He would support the request as presented. Mr. Olsen noted it was stated earlier that the tenant had removed 14 tires from the yard, which means they could have also removed other items they felt were of value prior to the clean up action by the City. He too felt sorry for the landlord being caught in the middle of this situation. Ms. Johnson emphasized the Wingos did attempt to do the clean up; however, impasse was reached. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 13 of 14 President Farr stated he would support the motion because it is a necessary in order to have pride within our City and are working to overcome a past negative reputation. He has been encouraged by the fact that Mr. and Mrs. Wingo have improved a residence in his District, are excellent landlords and this is an unfortunate situation. Mr. McConnell stated he felt Mr. Reed had a valid point and was concerned that the City was forcing someone to break a law covering a different subject. He will abstain from voting on this issue because he was not sure it would force the landlord to break some other law. Mrs. Malanca explained the landlord is not being forced to break the law. In fact, the tenant is not entitled to use the property in a non-lawful manner and that property was being used in an unlawful manner by violation of the City of Bremerton Code. It clearly does not breach the Landlord/Tenant Act. #0158 MISIC(Overson/Law) Motion to adopt Resolution No. 2645, reviewing charges of $243.00 for the abatement of the property located at 1537 Olympic Avenue, and determining means of collection. Vote on Motion: In Favor: Arends, Shepherd, Farr, Overson, Law, Olsen Opposed: Reed Abstain: McConnell Motion carried. 11B - PUBLIC HEARING ON RESOLUTION NO. 2646. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1129 HIGHLAND AVENUE. #AB98 - 049 On January 16, 1998, the City removed garbage, debris, furniture, appliances, clothing, and auto parts from the property located at 1129 Highland Avenue, after the owner, Rawan Maju, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $1,383.78. Council must now decide if the fees are just and reasonable and how they should be collected. Judy Johnson, Department of Community Development, stated the City started actions on March 10, 1997, when a 72-hour notice was posted due to rat harborage, debds, and open garbage. Certified letters were mailed to both the property owner and the tenant and both were returned as "Unclaimed'. Near the end of March 1997, the City talked directly with the tenant, who asked for a time extension due to the fact her husband was out-to-sea and a brother-in-law was actually hauling in the debris. The City granted a 3-month extension so that the tenant could have the debris removed. In mid-June the City granted them until the end of June to complete the work or the property would be abated. Staff TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 14 of 14 worked with the tenant until August at which time they were once again told the property would be posted because the condition was worsening. They were given until September to rectify the problem. The City ordered a title report and notified all lien holders that the City had a pending abatement. Abatement actions were scheduled for January 1998, after working with the tenant from 1997. Ms. Johnson believes the fees and costs of $1,383.78 are just and reasonable. Public comment - none. Mr. McConnell stated it is clear that neither the tenant or landlord had any intention to follow through with the clean up as requested; therefore, he will support this action has presented. Mr. Reed concurred with Mr. McConnell that this request is justified based on non-response by both the tenant and landlord. He sees this issue as a clear violation of the ordinance, which in this case is very functional. Mr. Overson stated the actual costs of removal are well documented and itemized, but the $806.00 in Administrative fees is not documented and in his mind may be questionable. Ms. Johnson pointed out a flat fee was assigned, which was based on the minimum amount of $775.00 that could be added per prior Council action. #0333 M/S/C/U(Olsen/McConnell) Motion to adopt Resolution No. 2646, reviewing charges of $1383.78 for the abatement of the property located at 1129 Highland Avenue, and determining means of collection. President Farr thanked the TV camera crew for their services. With no further busi , g, ~ourned at 7:12 P.M. ~~ City Clerk DAVl~ity Coul IP~residen~ City of Bremerton PJ/DF/me cc: Normal Distribution FILE/VAULT