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HomeMy WebLinkAbout06/24/98 TAPE #1550, #1551 CITY COUNCIL MEETING MINUTES JUNE 24, 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 June 24, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Lon Overson, John Law, Carol Arends, Cecil McConnell, and Wayne Olsen. Councilman Mike Shepherd was absent. Also present were City Attorney Glenna Malanca and Assistant City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Chaplain Bob Miles of Belmont Terrace Convalescent Center. President Farr made the following announcement: (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a Study Session from 5:05 - 5:25 P.M., the topic of discussion was: "Update on Bremerton Naval Museum." CONSENT AGENDA A. Minutes - June 10, 1998 #AB98-138 B. Minutes - June 17, 1998 #AB98-139 C, Budget Adjustment For The Equipment Rental #AB98-131 Reserve Fund To Purchase A Replacement Van For The Parks And Recreation Department D. Budget Adjustment For The Equipment Rental #AB98-140 Reserve Fund To Replace An Air Compressor For The Water Utility Department #0041 M/S/C/U(McConnell/Montgomery) Motion to approve the Consent Agenda as presented. 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 TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 2 of 16 #0064 M/S/C/U(Montgomery/Arends) On June 24, 1998, the Council does approve for payment those vouchers included and further described as follows: 220794, 220799, 220800 through 221030, 221031, 221056 through 221228 in the amount of $1,247,546.17; and Regular Payroll for the period ending June 15, 1998, in the amount of $761,466.19. COUNCIL MEMBER REPORTS Mr. McConnell reported he was contacted by a citizen in reference to Jim Spencer resignation as Director of the Parks and Recreation Department. He shared the citizens' feelings on the effectiveness of Mr. Spencer as the Parks Director, which he believes have been impeccable. Mr. McConnell could not imagine anyone doing a better job in a more friendly and pleasant manner as Mr. Spencer has exhibited in his service to the City. But, one must do what they feel is best for them and Mr. McConnell regrets his loss to the City, but wishes him well in his future endeavors. Any task undertaken by Mr. Spencer will be handled in an exemplary manner and we're sorry to see him go. Mr. Overson reported lots of things are happening in the downtown area. He was pleased to report the Bremerton Naval Museum will remain at its present location for the foreseeable future. At some point in time, the museum may find a new permanent location. He noted credit should go to the Bremerton Naval Museum Board and staff for their working with Mayor Hodon, City staff members and Lou Weir, owner of the building, to develop an agreement that was acceptable to all parties; and he appreciated that cooperative effort. Mrs. Arends reported four members of the City Council attended the Annual Association of Washington Cities Conference, which was held in the City of Tacoma. She found the speakers and workshops to be very worthwhile. She was especially impressed with a speaker, an Assistant Dean at the University of Washington, who spoke on Ethics. Another excellent speaker was Art Lange, who was brought in from California. She attended a luncheon for Women in Government where she met interesting people and the guest speaker was from the Tacoma Technical College. Mr. Montgomery echoed Mr. McConnell's comments regarding Jim Spencer and he too received telephone calls from residents regarding Mr. Spencer resigning his position as Director of Parks and Recreation. Mr. Farr reported today he attended the Sinclair Landing Association Board of Directors meeting. At that meeting, information recently reported in THE SUN on the downtown development was summarized and projected a very positive and encouraging future for that project. He announced Council Districts #6, #7 and TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 3 of 16 #8 would hold a joint Neighborhood Meeting on July 9, 1998, 7:00 P.M., at the Bremerton School District Administration Building at 134 N. Marion Avenue. The program for that meeting will be "Law and Justice," presented by Municipal Court Judge James Docter and Russ Hauge, Kitsap County Prosecutor. MAYOR'S REPORT Mayor Lynn Horton reported on Monday she met with the Commercial Group (Sinclair Landing Project) and CIBC Oppenheimer, who are interested in the possibility of underwriting the financing of the Sinclair Landing Project. She found that meeting to be very positive and one that validated the project. The one thing that impressed her most, at that meeting, was the caliber of expertise represented, i.e., individuals from Boston, New York, Vancouver B.C., and the southern United States. That talent came at a substantial cost and as they were concluding the meeting, it was announced that those present were available to assist the City with compilation of figures and feasibility of development for a parking structure. Clearly, the City needs its own financial advisors, but in the meantime that offer was a fairly substantial commitment on their part to this project. The City is seeking two host families for the Kure Sister City Exchange Program. Two Japanese students (a boy age 16 and a girl age 17) will arrive on July 25 for a 4-week stay. Anyone interested in hosting a student can contact the Mayors Secretary Elaine Valencia at 478-5266. Final interviews for the Ethics Advisory Committee have taken place and the following individuals have been selected: Steve Schults, Supervisory Mechanical Engineer at Keyport; Carol Caldwell, coordinator for the American Intercultural Study Exchange Program, C. R. "Tiny" Collins, a former City Council member, Russ Johnson, a former City Council members, and Elizabeth McConaughy, a Reference Librarian at the Central Branch of the Kitsap Regional Library, who has a Masters Degree in Philosophy and Ethics. Initially, Mayor Horton plans to set up a meeting with the Committee, City Attorney Glenna Malanca and herself to outline the intended goal of the group. Following that, she would set up a meeting between the City Council and the Committee to review Council's expectations of the Committee's work, which would be followed by a public meeting to take input from the citizens of Bremerton. She also believes the review process would include looking at examples of Ethics Ordinances from other communities. It is the Mayors hope the final product will be a document that is easily read and understood, which would come before the City Council for adoption. Mr. McConnell asked if the Committee would be given the list of concerns previously raised by Mrs. Susan Brown. Mayor Horton stated she could provide that separately or as part of the public meeting process. TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 4 of 16 PUBLIC RECOGNITION Susan Brown, Bremerton resident, thanked Mayor Horton for giving the Ethics Committee underway. She was personally acquainted with four of the proposed Ethics Committee members and concurred that they are all very good and passionate people, intelligent, capable of listening to other people's viewpoints, and dedicated to Bremerton. On another issue, she asked the City Council members to not start reciting the Pledge of Allegiance until those in the audience have a chance to stand up. Mr. Law complimented Mrs. Brown for her tenacity that has caused the formation of the Ethics Advisory Committee. Del Knauss, Bremerton resident, stated for the past year he had asked several questions concerning Council members' pay being set by a Pay Commission appointed by the Mayor. He questioned the legality of the Pay Commission having the authority to enact an ordinance setting Council's pay and members of the Council all getting the pay raise during their present term. ON 4-6-98, Municipal Research provided Councilman Cecil McConnell an opinion and Council held a Study Session about a month and a half ago to decide what to do about this matter so that the City would better comply with State law. He questioned when and what action is the City Council going to take to correct the way they are receiving their pay raises? Concerning the Admiral Theater, he asked how many Council members or the Mayor accepted free tickets to events at the Admiral Theater and artended the events? If the above questions are answered yes, does this present a conflict for Council members voting on funding issues conceming the Admiral Theater? In regard to the recent resignation of Ron Hough, the City's Planning Manager, he has not heard publicly any "thank you" from the City for his 11 -years of service. It appears that at the present time the City has no Planners and it was his understanding that situation has existed for some time due to the Mayor's office, primarily Terrie O'Neill, taking on those responsibilities. He questioned the qualifications of that office running the Planning Department. He referenced a quote by Carlos Montgomery in THE SUN: "we've build enough ball fields in this City and it is time to get on with the Admiral Theater." Mr. Knauss pointed out the City of Bremerton has never spent any Hotel/Motel Tax on ball fields. 8A - PROFESSIONAL SERVICES CONTRACT EXTENSION FOR INSURANCE BROKER SERVICES WITH WILLIS CORROON CORPORATION. #AB98-141 The City's existing contract for broker services terminates September 30, 1998. Since ongoing services are necessary for the City to secure insurance coverage at the lowest possible cost, the City wishes to extend the contract for two additional years. The service fee will remain at $20,000 per year. TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 5 of 16 Peggy Lesser, Risk Manager, pointed out this issue was presented to both Council committees and she would be available to answer questions. Public comment - none. #0712 MISICIU(Montgomery/Law) Motion to approve the Professional Services Contract extension with Willis Corroon Corporation of Seattle. 9A - RESOLUTION #2653, ESTABLISHING ADMINISTRATIVE FEES FOR GARBAGE AND WEED ABATEMENT PROCESS, #AB98-132 In May of 1998, Council approved Ordinance #4626 and fi627, allowin9 Administrative Fees to be charged for weed and garbage abatements, in addition to direct physicel construction/destruction costs. Council must now establish this fee amount for these actions. Judy Johnson, Building Official, stated she would be available to answer questions. Public comment - none. Mr. Reed questioned the formula used to determine the Administrative cost per hour. Ms. Johnson explained over the past year data was compiled identifying how many hours are spent on projects. They then took one person - 20 hours, calculating their standard wage plus benefits for that 20 hours. Mr. Reed pointed out the calculation excluded overhead of any building. Ms. Johnson stated Mr. Reed was correct. Mr. Montgomery stated he views this as a very cheap price to pay for someone getting their lawn mowed or garbage removed from their property. In addition to the Garbage Abatement Administrative cost they also charge the actual cost involving work crews, vehicles and dumping fees. He would support doubling that cost. President Farr asked Ms. Johnson to briefly outline how the Weed Ordinance is triggered, the notification process involved and what ultimately could be the result of a property owner not taking the requested action, Ms. Johnson explained the Abatement of Dangerous Buildings has one set of fees (Administrative) $806.50. The proposed fees would be used in Weed and Garbage Abatements, which previously were without Administrative fees. When the Building Department starts on a Garbage or Weed Abatement, following a citizen or neighbor complaint, they must make a site visit to verify the situation. That action takes approximately 1-hour, which is followed up with a telephone call to the residence. If there is no response to the telephone call, the department researches to TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 6 of 16 determine if the site is inhabited by a tenant or the owner, then a letter is prepared to the homeowner with a copy sent to the tenant, if appropriate. After a minimum of two weeks, another on site inspection is made to monitor whether or not any action is being taken to comply with the 30-days they were given to clean up the trash and/or weeds. Multiple telephone calls and drive-bys are made to contact someone on a voluntary basis during those first 30-days. At the end of the 30-days, if no action is taken a Notice and Order to clean up the area is posted on the residence. This action totals up anywhere between 15-35-40 hours to initiate simple clean ups. This proposal recommends that $575.00 be added to the simple Garbage and Weed Abatements. She noted the Housing Abatements still have the $806.50 fee because they are much more intensive and take up to a years to complete the process. There are often times in excess of 20-steps where a Code enforcement person and/or someone in the office will be reviewing and processing paperwork or driving out to the site to evaluate any movement or lack of movement on the part of the property owner. President Farr emphasized the importance for a homeowner to take the City's notification process seriously because in addition to the actual cost of clean up an additional $575.00 will be added. Mr. McConnell asked if the Building Department had the ability to give a detailed listing of the activities that resulted in the additional $575.00 charge. Ms. Johnson explained the Department keeps a chronology of activities on each specific site. Mr. McConnell asked if the additional cost would be a further deterrent. Ms. Johnson re-emphasized they believe the $575.00 is a fair fee. Mr. Montgomery pointed out language in the Resolution states the Administrative Abatement Fee would only be implemented upon failure of the property owner to comply with the Abatement Order. Mr. Reed stated several months ago an abatement issue came before the City Council and at that time he felt there was an interpretation of what was garbage and what was personal items being addressed. He asked if any action had been taken to better identify what is real garbage verse personal items. Ms. Johnson stated there had been considerable debate on that issue. Usually putrid waste goes under the "garbage" category. As far as material such as bicycle parts, television sets, broken pieces of things that might be used to repair something else, they are using City ordinances that are more specific about what is garbage and on a case-by-case basis discussing with the responsible parties what they consider to be personal items. At this time, she did not have a definition for those borderline items that are someone else's' treasurers. #1063 MISIC(Montgomery/OIsen) Motion to pass Resolution #2653, ordering that Administrative Fees in the amount of $575.00 plus direct physical TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 7 of 16 construction/destruction costs be charged for garbage and weed abatement actions. Vote on motion: In Favor: Montgomery, Arends, Farr, Overson, Law, McConnell, Olsen Abstain: Reed Motion carried. 9B - RESOLUTION #2657, SETTING FEES FOR GOLD MOUNTAIN GOLF COMPLEX AND REPEALING RESOLUTION #2640, #AB98-142 A change in the Fee Resolution for the Gold Mountain Golf Complex is proposed to allow the Golf Professional and parks Director greater administrative flexibility to adjust green fees. the intention is to make periodic adjustments to fees in response to changing market conditions in order to maximize the usage of the facility and the profitability from operations. Jim Spencer, Director of Parks and Recreation, stated the motivation behind the proposed resolution stems from an analysis of the daily play sheets where it was noted play on the Olympic Course during the timeframe prior to 7:30 A.M. Monday through Thursday was virtually nil. Staff believes the best solution to the current situation is to adjust the rates during that timeframe as an incentive for people to play the course during those current "dead" times. Public comment - none. Mr. McConnell stated in order to clearly identify the perimeters of the reduced rates, he recommended modifying the last paragraph of Exhibit A to read as follows: "The golf professional, with the approval of the Director of Parks and Recreation, may offer discounts to the greens fees shown above, to make periodic adjustments to fees in response to chan.ain.a market conditions in order to maximize the usage of the facilities and the profitability from operations." Mr. Spencer stated he believed that was the intent of the proposal. President Farr stated it was his understanding that the City Council sets the Golf Course fees and if this proposal passes, it would allow the Golf Professional and Director of Parks and Recreation the latitude of charging less than the fee at discounts for certain periods of time. The City Council would not be giving away their authority to set fees nor would the Golf Professional and Director of Parks and Recreation be given the authority to raise the fees. Mr. Spencer stated President Farr was correct. City Council establishes the "ceiling" for fees and this proposal will allow them to work between the "ceiling and twilight rates' to get maximized play. TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 8 of 16 #1259 MISICIU(Olsen/Law) Motion to pass Resolution #2657, setting forth a fee structure for Gold Mountain Golf Course, as amended; and Repealing Resolution #2640. 10A - ORDINANCE #4630 (SECOND READING) RENAMING BRUENN AVENUE AND KEAN STREET TO AUTO CENTER BLVD., UNION AVENUE WEST TO KEAN BLVD., AND SR3 PARK TO BRUENN PARK, #AB98-123 Terrie O'Neill, Municipal Services Coordinator, stated on June 3, 1998, the City Council took the initiating steps to approve the renaming of several streets in the Auto Center Business District at the request of the auto dealers on Kean Street. Following that session, the Mayor's Office sent letters to affected property owners on all the streets proposed for changes and held a neighborhood meeting to discuss the implementing of the Council ordinance. There were a variety of opinions shared at the meeting, which resulted in the proposal of an alternate plan of action. The alternate plan, which was supported by the attached letters, would impact fewer addresses. The alternate proposal is to change the name of Kean Street from 1st Street to Werner Road to Auto Center Boulevard and to change the name of Rogers Street to Kean Street and to leave Union Avenue and Breunn Avenue as they are. Rogers Street is a partially developed right-of-way with two houses and one business, The roadway is scheduled for paying in 1999 and is mostly undeveloped. Changing Rogers Street to Kean Street would have a much smaller impact on property owners than changing Union Street. Appropriate informational signage would mark the direction to Auto Center Boulevard from the intersection of Breunn and Auto Center Way and traditional street name signage would mark the other intersections. The primary concerns of property owners were: (1) cost; (2) inconvenience; (3) confusion. The initial proposal would cause the re-addressing of over 200 parcels. CenCom recommends that the confusion created by changing long- standing street names is detrimental to emergency response and recommended steps be taken to simplify the proposal. Similarly, Maaco, Les Schwab Tire Center, Western Washington Beverage, and Jennings Corporation have sent letters supporting proposals that reduce the impact to area streets. Staff recommends that the City Council amend the ordinance to change the name of Rogers Street to Kean Street and to change the name of the existing Kean Street between First and Werner Road to Auto Center Boulevard and cause the street name changes in the ordinance to take effect July 1, 1999. According to the Assistant City Attorney, amendments or revisions within the scope of the ordinance may be made during either hearing without reintroduction TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 9 of 16 pursuant to the City Charter. However, inasmuch as Rogers Street was not part of the original proposal, City Council may be best advised to table the second reading until July 8. By taking this extra step, staff can notify all affected property owners on Rogers Street and send a new map to those property owners facing the other streets and Council will have more opportunity to review the responses. President Farr stated because the alternative proposal is considerably different than what was originally proposed he was uncomfortable going forward with second reading of the ordinance. At a minimum, he preferred to reintroduce the issue as a first reading as well as cycling it back through the Council committees. Mr. Law echoed President Farr's comments and the fact that Rogers Street may be affected and none of the property owners on that street had been contacted. Ms. O'Neill stated Mr. Law was correct, the property owners on Rogers Street had not been contacted. Mr. Montgomery stated naming Rogers Street Kean Blvd., does not fit in with the theme the auto dealers are trying to present, plus Ruth Yates, the only surviving member of former Mayor Kean, had not had an opportunity to review the alternate proposal. She and her sister fully agreed with the renaming of Union Avenue to Kean BIvd. He could not support the alternative proposal. Mr. Reed stated he concurred with President Farr that Council needs more time to review the alternate proposal. #1656 MISICIU(Arends/Overson) Motion to table this item. 11A- PUBLIC HEARING ON RESOLUTION NO. 2654 REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY AT 1720 SNYDER AVENUE, #AB98-133 On April 6, 1998, the City removed household belongings, auto pads, garbage and debris from the property located at 1720 Snyder Avenue, after the owner, Rob Aaragoza and tenant, Steven Wallace, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $1,900.00. Council must now decide if the fees are just and reasonable, and how they should be collected. Judy Johnson, Building Official, stated on November 10, 1997, the City received a complaint about hulk vehicles, auto parts and trash on this particular property. On October 13, 1997, the City inspected the site to verify the allegations, spoke to the tenant about his not being able to do auto repair at the site and that six of the vehicles needed to be moved. On December 10, 1997, the City issued a Cease and Desist Order, with a copy sent to the property owner. The owner TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 10 of 16 contacted the City and identified the tenant. In January the City issued a Notice of Vacate to the illegal use of the garbage. On February 24, 1998, notices were posted, the tenant had vacated the site, and the owner had removed the trash from within the residence and placed it in the front yard, which he was required to do under the Landlord Tenant Act, for three days. Surrounding residents contacted the City to report people were rummaging through the trash, which was spilling out onto other areas. By April 6, 1998, the debris, furniture, auto parts, etc., were removed. The actual cost for removal amounted to $1,093.50; however, since this issue was under the City's Dangerous Buildings Abatement a $806.50 Administrative Fee was added for a total of $1,900.00. Elizabeth Buell, Bremerton resident, stated she did not understand why Brem- Air Disposal Inc., wasn't called to remove the trash that was piled in the front yard. Allan Stueber, Bremerton resident, had a concern about a weed abatement problem and accumulated trash at 1118 Hewitt. President Farr noted this issue is specifically addressing the property at 1720 Snyder Avenue. Mr. Montgornery stated after reviewing the photographs provided by Ms. Johnson, he recommended to Mrs. Johnson and Phil Berry, Director of Community and Economic Development, to find a way of projecting the pictures on a screen or television monitor so that the public can see what people are leaving out in their yards. Mr. Farr stated he has been in favor of everything to get the community cleaned up, but he was concerned, as pointed out by Mr. Reed, about a possible conflict between the Landlord Tenant Act requirements and the City's requirements under the Dangerous Building and abatement actions. He wanted to make sure staff has looked at that issue and that the City is within its rights. Glenna Malanca, City Attorney, stated there was no conflict due to the fact the City has the municipal authority to determine safety and health related issue. Once that determination and order has been made, there is no longer a landlord/tenant issue. Ultimately, the landowner is responsible for the cost of removal of garbage/debris under the scope of the City's ordinance, which follows State law. President Farr stated he would like staff to take up the issue of including a notice with the Abatement Order to the landlords stating it takes precedents over requirements of the Landlord Tenant Act. Ms. Johnson stated staff would take that issue up with the Legal Department. #1898 MISICIU(Montgomery/Arends) Motion to adopt Resolution No. 2654, ordering that the fees incurred for the abatement of household belongings, auto TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 11 of 16 parts, garbage and debris located at 1720 Snyder Avenue be collected as reasonable abatement costs, and become a lien against the property. 11B - PUBLIC HEARING ON RESOLUTION NO. 2655 REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY AT 2315 TERRACE AVENUE. #AB98-134 On April 2, 1998, the City removed garbage and debris from the property located at 2315 Terrace Avenue, after the owners, Cory Martin and Carl I. Brown & Company, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $92.00. Council must now decide if the fees are just and reasonable, and how they should be collected. Judy Johnson, Building Official, stated this particular action started on February 9, 1998, when the City received a complaint of garbage in the yard. An inspection of the site validated that there were (5-6) bags of garbage of trash underneath a stairway. The City sent a letter to the property owner allowing them two weeks to remove the trash; however that letter was returned with the note "Addressee Unknown." The City could not locate anyone responsible for the garbage at that location during that two-week period. An Order to remove the garbage within 72-hours was posted and the City removed the garbage on April 2, 1998. Public comment - none. Mr. Montgornery questioned why an Administrative Fee was not included in the cost. Ms. Johnson stated an Administrative Fee was not appropriate because this situation involved a 72-hour notice, was strictly garbage, and had nothing to do with dangerous buildings. Mr. Montgornery stated future situations such as this would be charged the Administrative Fee due to early Council action approving such a fee. #2086 M/S/C/U(Montgomery/Law) Motion to adopt Resolution No. 2655, ordering that the fees incurred for the abatement of garbage and debris located at 2315 Terrace Avenue be collected as reasonable abatement costs, and become a lien against the property. 11C- PUBLIC HEARING ON RESOLUTION NO. 2656 REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY AT 2039 WHEATON WAY, #AB98-135 On April 3, 1998, the City boarded up the former Bridgetender Restaurant located at 2039 Wheaton Way, after the owner, Sam Fitz, failed to do so as ordered by the building official. The building had been vandalized and was being used as a harbor for vagrants, as reported by the Bremerton Police Department. TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 12 of 16 The cost charged to the revolving abatement fund for this action totaled $1,252.50. Council must now decide if the fees are just and reasonable, and how they should be collected. Judy Johnson, Building Official, stated her department received a report on February 19, 1998, from the Police Department that vandals and vagrants were occupying the Bridge Tender Restaurant building. The Police verified that the vandals and vagrants were still occupying that building on March 11, 1998. During that interim, the City attempted to get the property owners (Mr. & Mrs. Sam Fitz) to board up or get rid of the vagrants; however, that effort was unsuccessful and the City boarded up the building on April 3, 1998. The fee of $1,252.50 includes the $806.50 Administrative Fee as well as the cost of the plywood and labor to install it. Public comment - none. Mr. Reed stated knowing the Fitz family personally, he wanted to make sure they were properly notified and if there were any extenuating circumstances that caused them not to respond. Mrs. Johnson explained the City tried to work with the tenants, who had leased the subject building, as well as the owners, but she had no knowledge why the City did not receive a response from them. Mr. Reed asked if the notice was sent to the Mr. and Mrs. Fitz by Certified Mail and did they respond as received? Ms. Johnson stated on May 28, 1998, June 4, 1998, and June 14, 1998, the Certified copy was returned to the City after three attempts to deliver the notice. Mr. Reed stated then in reality it could be that the Fitzs were not aware of the City's action. He urged Council to make another attempt to reach the property owners in order to give them the option to comply with the order. Mr. Overson stated he appreciated Mr. Reed's concern about notification to the property owners, but he believes the law has been followed and the process was necessary and the charges are appropriate. Mr. Law stated he did not think the Council had the option to tell the public they had to absorb the cost when the subject property is owned by someone else. #2313 MISIC(Montgomery/Overson) Motion to adopt Resolution No. 2656, ordering that the fees incurred for the securing of the former Bridgetender Restaurant, located at 2039 Wheaton Way be collected as reasonable abatement costs and become a lien against the property. Vote on motion: In Favor: Montgomery, Arends, Farr, Overson, Law, McConnell, Olsen TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 13 of 16 Abstain: Reed Motion carried. 11D - PUBLIC HEARING ON SURPLUS OF IMPROVEMENTS ON PROPERTIES IN THE SR304 TRANSPORTATION IMPROVEMENT PROJECT AREA, #AB98-137 The City of Bremerton and the Washington State Department of Transportation are acquiring properties in the SR304 corridor as right-of-way necessary for construction of the SR304 Transportation Improvement Project. The property is being acquired for construction of roadway, landscaping, and other similar improvements. Existing improvements on the property (i.e. residential or commercial structures, fixtures, landscaping, etc.) need to be removed and disposed of prior to construction of the project improvements. Removal of the structures will be relocation, demolition, or fire-training burns as determined to be most appropriate. The improvements on these properties are determined to be surplus to the City's needs, the City or State will retain ownership of the land for construction of the project. Properties are being acquired in either the City's or the State's name, depending on the ultimate owner of the right-of-way. The State will convey the existing improvements to the City for removal and disposal. Bremerton Municipal Code, Chapter 2, Section 78 specifies procedures required to sell or dispose of property owned and determined to be surplus to the City's needs. This public hearing meets any requirements of that process. Following the public hearing and with Council approval, the Public Works & Utilities Department will publish appropriate ads and notices, as determined to be required. Staff recommends that the Council designate the improvements on properties on the SR304 corridor from the Bremerton Ferry Terminal to Porter Street as surplus for disposal as they are conveyed. Randy Witt, City Engineer, stated during the Council Committee review of this proposal, a question came up as to how some properties that were not a "total take" would be handled. In situations where the project "touches a property" it may be anything from acquiring the property in total, demolishing the structure, and constructing the roadway on top of it, an easement, or a portion of the property. All of the affected properties between Callow Avenue and Porter Street will be total takes. From First Street along Callow North and onto to Burwell partial takes will be acquiring "strips" of the properties. There is no intention to acquire and demolish the 7-11 Store at First and Callow Avenue; TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 14 of 16 however two adjacent properties will require acquiring titles to the properties in order that the buildings can be removed to accommodate the roadway. Public comment - none. Mr. Montgomery questioned if the public will be given the opportunity to purchase some of the acquired buildings and remove them within a certain period of time. Mr. Witt explained there will be a balance as to how properties are cleared to meet the project timeframes, i.e. demolition by City crews, demolition by contract, burn as a fire training exercise or reloceted through some type of salvage process. He anticipates more interest will be forthcoming from salvage companies as the project moves forward. Currently, there are a number of residents still occupying homes under the 90-day vacation process and as more of those properties become vacant removal activities will get underway. Mr. Montgomery asked if any of the other Fire Districts have shown an interest in using sites for practice burns. Mr. Witt states yes, including Mason County Fire Districts. Mr. Overson stated the proposal appears to be giving Mr. Witt and/or the City as lead agency a "blank check", but it actually starts the process in enacting the laws that keeps the City from "taking" properties inappropriately. As an example, a large strip will be acquired in front of the 7-11 Store and some might think that would ruin their business and if it adversely affects them, then they will have to be rewarded accordingly. Mr. Witt pointed out the subject Agenda Bill does not address that issue, but the City is following State and Federal rules, which are extensive for compensating businesses for loss of business. Mr. McConnell questioned the legality of surplusing property before it is actually acquired by the City. Glenna Malanca, City Attorney, stated yes under these circumstances the City could declare surplus what would come under ownership for demolition. She noted this action is a technicality in complying with a very fine letter of the law. Mr. Witt assured the Council that demolition activities would not commence until the title to the property is obtained. Mr. Law asked Mr. Witt to explain the source of funding for the identified expenditures and the timeframe. Mr. Witt explained this action is part of the Gorst-Bremerton Project (Gateway), which stretches from Gorst to the Washington State Ferry Terminal in downtown Bremerton. The City is the lead agency on the SR304 project portion, which goes from the Ferry Terminal to the highway interchange. It is a multi-agency project that has Federal, State, County, City of Bremerton, and Kitsap Transit funding in the amount of approximately $20 million. TAPE #1550, #1551 City Council Reg. Mtg. Minutes June 24, 1998 Page 15 of 16 Mr. Olsen questioned the actual number of feet of "strip" right-a-way that would be acquired. Mr. Witt stated he did not have those figures with him, however, it would have to accommodate the width of one lane (12-feet). Mr. Olsen stated for the record that he was uncomfortable taking this kind of action; however, the City is following a State rule. He cited Warren Avenue as an example where property owners were required to sell part of their property in order for a roadway to be built. He preferred having the project buy out the entire property rather than such portions of it. Mr. Witt stated he viewed it as a matter of which one's there first and what makes sense in the order. The discussion with property owners may result in acquiring a whole property, but that is part of the negotiation process. President Farr referenced Rainier Auto, owned by Jim Capps, at the comer of Montgomery and Burwell Street and the fact that Mr. Capps was still asking when would he know how much of his property will be taken as part of the project. Mr. Witt explained in April a Design Right-of-Way Hearing was held where public comment was taken on the Access Plan. After receiving comments they then responded to them and eventually publish, under the signature of the Assistant State Secretary of Transportation, a Findings of Order, which includes the hearings and says "set in concrete" where right-of-ways will be acquired as the Access Plan defines, or in this case during the hearing some modifications were made to the Access Plan. TAPE #1551 Until that Findings of Order is issued, those questions cannot be answered specifically. However, he is preparing draft responses to be submitted to the Secretary and once they are processed through the local review they will be shared with those affected. President Farr questioned the estimated date when Mr. Capp will have some idea about his property. Mr. Witt stated possibly in a couple of weeks. He pointed out the process is somewhat slow, but he does have funding in hand to acquire the right-of-way along Callow, which is the critical path. Mrs. Arends questioned if the property owners were able to negotiate the removal of landscaping or items out of the structures..Mr. Witt stated yes and he encouraged such action. Such discussions need to take place during negotiations in order to gain permission or actually remove the items prior to entering into a purchase agreement. Once the City/State takes ownership of a property nothing can be removed from the site unless it goes through a surplusing process. Mr. McConnell referenced the 7-11 Store and the fact that some of their property will be taken as part of the project. He want to know if the owner of the 7-11 store property would be allowed to rebuild on the footprint of that building if it was TAPE #1550, #1551 City Council Reg, Mtg. Minutes June 24, 1998 Page 16 of 16 destroyed by fire or would they have to abide by the current zoning codes, which could possible prevent them from rebuilding. Mr. Witt stated he would defer that question to the Building Department. Glenna Malanca, City Attorney, stated when a building has been destroyed through fire or disaster, it can rebuilt on the original footprint even if there is less than the required setback. There may be some new code requirement for safety issues for new buildings. Mr. McConnell stated in the case of grandfathered units if they are destroyed they couldn't be rebuilt. Mrs. Malanca stated Mr. McConnell was correct because it is a legal non-conforming use, which would be different than the scenario of just rebuilding a structure. As an example, an insurance company that might insure that property would be very interested in the response and would be different than the one she would give because it would have an impact on the cost. Mr. Overson left the Council Chambers at 7:02 P.M. #2104 MISICIU(Arends/Montgomery) Motion to designate as surplus existing improvements on the properties on the SR304 corridor from the Bremerton Ferry Terminal to Porter Street as identified in the attached exhibits, and authorize the City Engineer to dispose of those improvements using the most appropriate method as the properties are conveyed. Mr. Olsen reminded everyone of the Dedication of AI Colvin Field, at Lions Park, on June 29, 1998, 5:00 P.M. With no further business meeting adjourned at 7:06 P.M. City of Bremerton PJ/DF/me C: Normal Distribution FileNault