HomeMy WebLinkAbout10/08/97
TAPE #1497
CITY COUNCIL MEETING MINUTES
OCTOBER 8, 1997
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, October 8, 1997, at 5:30
P.M., with Council Vice President Richard Neville presiding. Council members present were Bob
Winters, Carlos Montgomery, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Council
members Sherril Huff-Menees and David Farr were absent. Also present were Assistant 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 Alonzo Yarhouse, Silverdale United Methodist Church.
CONSENT AGENDA
A. minutes of Meeting -- October 1, 1997 #AB97-221
B. Purchase ora Used 1987 10-Yard International #AB97-222
Truck
#0019 M/S/C/U(McConnell/Montgomery) 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.
#0041 M/S/C/U(Colvin/Montgomery) on October 8, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 213356 through 213503 in the amount of
$677,016.85; and Regular Payroll for the period ending September.
30, 1997, in the amount of $857,791.83.
Vice President Neville announced Council held a 20-minute Executive Session to discuss "Labor
Negotiations" prior to the City Council meeting.
COUNCIL MEMBER REPORTS
Mr. Colvin announced the beautification project for the north end of the Warren Avenue Bridge is
progressing. He was pleased to report that this project received a pledge for a $500.00 donation and he
encouraged others to donate fimds toward this project. A citizen recently asked him if the agencies
requesting CDBG grant funds are bondable and is a credit check required? Since he did not know the
answer to that question, he asked the City Attorney to provide him a written response.
Mr. Law announced a new business, "Pete's Jersey Subs" opened today in the Manette Business
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District. He announced the next District #3 Neighborhood Meeting will be held October 21, 1997,
7:00 P.M., at the Senior Center. The main topic of discussion will be "the next step for the new
Manette Bridge, presented by the Project Design Engineer.
Mr. Overson thanked the Public Works Operations group for their rapid response to a recent
situation in the Highland District. If a situation arises that needs the attention of the Public Works
Operations Department, the public can report that data by calling 478-5920.
Mr. Montgomery encouraged members of the public to attend the Joint Council District (#6, #7 and
#8) Neighborhood Meeting on October 9, 1997, 7:00 P.M., at the School District Administration
Office, 134 North Marion Avenue. The program for that meeting will include a Parks Update by Yun
Spencer, Director of Parks and Recreation, report by Mayor Horton and possibly some political
candidates. On the evening of October 3 he attended the opening of the African Exhibit at the City
Center Gallery and the dance exhibition at the Roxy Theater. He also attended an event at the Admiral
Theater on October 4, which was well attended. He encouraged the public to support local events,
particularly those in downtown Bremerton.
Mr. Winters announced he would hold a District #9 Town Meeting to meet Council candidates Gar
Freymann and Jun Reed, who are running for the Council District position. The meeting will be held
on October 19, 1997, 6:00 P.M., at the Kitsap Lake Elementary School. He announced the Kitsap
lake Association will hold a Neighborhood meeting on October 16, 1997, 6:30 P.M., at the Cascade
Gas Company building on Kitsap Way. The topic of discussion will be weed and vegetation concerns
of Kitsap Lake. He is looking forward to performing at the Kitsap Party on October 11, 1997, at the
Kitsap Mall.
Mr. Neville announced the 25th Annual Senior Craft Fair will be held on October 17 and 18, at the
Sheridan Park Recreation Center. A Halloween 5-K and Kids Dash (Northwest Premier Costume
Running Event) will be held November l, 1997, which will include divisions for children 445 years of
age, 7-9 years of age and the 5-K race for older ages. Information on that race can be obtained by
calling John Gardner 692-8994.
Vice president Neville announced the Council Study Session scheduled immediately after the Council
meeting to discuss the Sinclair Landing Project would not be held.
MAYOR'S REPORT
Mayor Lynn Horton reported she attended the ribbon cutting for the African Extu~bit at the City
Center Gallery and she also hopes the public will support local businesses in their effort to bring
revitalization to the downtown area~ The weekends of October 11/12 and 17/18 the Admiral Theater
is hosting a Mystery Dinner Theater.
Mayor Horton announced the City has a "Donation Fund" for monetary contributions from the public
for a vast array of different projects, i.e., parks, D.A.R_E., Animal Control, Police, Fire, etc. Those
wishing to donate funds to the Warren Avenue Bridge beautification program can do so by sending
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their donation to the City Treasurer and marking it for the "beautification project."
Mayor Horton reported the City has taken action to bring about the removal of the manufactured
homes that were place on a lot on North Lafayette. It appears the applicant is abandoning that project
and has until October 14 to remove the structures. She thanked City staff members for their
involvement on this issue and the residents in the affected area for their patience. Because the lot was
clear-cut, there may be some erosion control problems that will have to be addressed by the applicant.
Mayor Horton introduced a group of Cub Scouts fi.om Scout Pack 526, who met with her prior to the
Council meeting to learn about City government. Vice President Neville thanked the Cub Scouts for
coming to a City Council meeting; and commended them for their participation in the Sinclair Inlet
clean up event assisting in the clean up of Evergreen Park on September 20.
Vice President Neville announced Agenda item 9C was pulled off`the Agenda.
PUBLIC RECOGNITION
Brooke Tucker, N. Lafayette resident, stated Don Pratt, Director of Community Development, stated
in a meeting on October 3, that his department was not aware that the lot on N. Lafayette where the
mobile home structures were placed was a steep slope and thought it was flat. He also stated, in
essence, that the Department had learned a hard lesson about getting a clear picture of what someone
had in mind when proposing a project within the City. Ms. Tucker felt that after serving the City for
almost 14 years Mr. Pratt was either a slow learner or still in training. According to Bremerton's
Shoreline Master Program, the area of coastline below the subject property has been given the code R-
4 Unmapped showing endangered coastline areas. The property in question is only 40 feet beyond the
200 feet covered under the protected areas. She was not sure why Mr. Pratt would not be aware of
that fact since the maps and Shoreline Master Plan would be at his disposal. Even though Stop Work
Orders have been ongoing for 5-weeks, the residents were advised that there are only four citations and
all dated September 29. She questioned why are the residents being told this issue must go before a
judge for adjudication? Ms. Tucker displayed large photographs showing the mobile home structures,
which are adjacent to her residence.
Eugene Donovan, Stevens Drive resident, submitted another signed Petition relating to dates of
violations of Building Codes by the owners of the N. Lafayette lot. He also submitted a copy of the
Code rules that apply to this project, which he believes were totally ignored by the developer of that
site. The signers of the petition are asking the City to make sure the mobile homes are removed, that
the ground be repaired according to City codes, but also that no permits be issued to the developers to
bring back the same or any other manufactured homes to that lot.
Linda Kroum, YWCA A.L.I.V.E. Program, announced October is Domestic Violence Awareness
month and this issue is being discussed in various presentations throughout the County. She extended
an open invitation to the 17th Annual YWCA A.L.I.V.E. Unity Luncheon on October 21, 1997, 11:30
A.M., at Mary Mac's Restaurant. Councilman Colvin and his wife HaTel will be honorees at that
event. Cost of the luncheon is $15.00, if paid in advance, and $20.00 at the door. In addition, a Peace
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Walk will be held on October 19, 1997, starting at 6th and Pacific and traveling to the boardwalk.
Larry Diekerson, Bremerton resident, handed out a plastic bag filled with condoms, drug residue,
cooking spoons and pointed out that was just a sampling of what is left on City sidewalks on a nightly
basis. The last time he spoke before the City Council, he talked about the City's Municipal Court being
overworked. He noted the two candidates for Bremerton Municipal Judge made similar statements.
He recently learned that the cost of jail time is paid for out of the Police Department budget, which
may not allow overtime and may be the reason why a lot of the equipment is purchased used and some
of their current equipment is in a state of disrepair. He expressed concern that during shill change time
(9:44 - 10:44 P.M.) Police Officers are not available, which allows prostitutes and drug dealers
fi-eedom to deal on the streets. He noted CENCOM would not issue a response during that timefi'ame.
He related an incident that occurred at 9:21 P.M. that involved a raid on a drag house; however that
action had to be cancelled at 10:10 P.M. because Police Officers were not available. That CENCOM
call was released to an Officer at 10:44 P.M. There are times his life is on the line and he wants to
know that there is a Police Officer available, if the situation warrants it. He wood like to see release of
information on what the Police Union requested of the mayoral candidates and the vote of no
confidence for the Chief of Police.
Del Knauss, Bremerton resident, congratulated Councilman Huff-Menees on her recent appoint to the
position with the Regional Planning Council, which did not surprise him considering the political circle
in Bremerton. He was still upset that no one on the City Council has requested, through a State
Legislator, an Attorney General's opinion on the Council's Salary Commission's ability to approve, by
ordinance, salary increases for the City Council. Since no action was taken by the City Council, he
will make such a request because he felt it was important that Council know if they are being lead in
the right direction by the City Attorney. He also has a concern over the Roosevelt Field Fund and how
that fund is being used. In his opinion, there is no replacement for Roosevelt Field , there is no
expiration date on Ordinance 4320 and the fund is in debt. The fund owes Equipment Rental Reserve
Fund for the acquisition of the old Salvation Army building, which has seven years remaining on the
contract. He has heard Mayor Horton say the City has met the obligations for replacing Roosevelt
Field; however, he could not see where anything has been met on the replacement of Roosevelt Field.
Also, when the Sinclair Landing Project started Mary McClure, SLA Executive Director, and Mayor
Horton told the City Council and the public that we would see $75,000 per year come from that fund.
If the fund is eliminated, the City would not meet that obligation or be able to pay back that 7-year
loan. Lastly, he pointed out $6,500 has been budgeted to study the Manette Business core. He asked
if anyone has totaled what has been spent on studying the downtown, i.e., by his calculations, Mary
McClure has received approximately $170,000 for just her services.
8A - RESOLUTION NO. 2627, RECOVERY OF FEES FOR TIlE REMOVAL OF
VEGETATION ON LISTED PROPERTIES, #AB97-223
Ordinance No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass
and weeds exceeding twelve (12) inches in height, shrubs, brush, vines, or trees which constitute a fire
hazard or provide a harborage for rats, rodents, or horticultural pests, or noxious and poisonous plants.
The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the
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Bremerton Municipal Code, City Council is asked to approve the removal of the nuisance vegetation
on the property and collection of the costs incurred by personal judgment against the owner and a lien
against the property.
Judy Johnson, Department of Community Development, announced seven of the listed properties are
to be deleted fi.om the list due to the fact that the owners have voluntarily complied with the ordinance.
She asked that the following properties be removed: Items #1, 5, 7, 9, 10, 13, and 15.
Public comment - none.
Mr. Winters stated the comment he has heard most from the public on this issue, is how can the City
enforce these regulations on the tax paying citizens and yet not maintain the vegetation on City owned
property. Mr. Colvin stated he believes Mr. Winters has a valid point and believes that the City has
the responsibility to maintain its property.
#1308 M/S/C/U(Montgomery/Colvin) Motion to adopt Resolution No. 2627 approving nuisance
vegetation abatement on the listed properties and determining means of collection of costs
incurred for its removal.
9A - PUBLIC HEARING ON RESOLUTION NO. 2628, REGARDING RECOVERY OF
FEES FOR THE REMOVAL OF GARBAGE AND DEBRIS FROM THE PROPERTY
LOCATED AT 636 PLEASANT AVENUE~ #AB97-224
On August 26, 1997, the City removed garbage and debris fi'om the property located at 636 Pleasant
Avenue, after the owners, Lester, and Donna Bulyar, failed to do so as ordered by the Building
Official. The cost charged to the revolving abatement fund for this action totaled $191.40. Council
must now decide if the fees are just reasonable.
Judy Johnson, Department of Community Development, stated the City received a complaint on July
14,1997, and the owner was given two weeks to remove the debris. On August 20, 1997, the owner
was given a 72-hour notice to remove the debris; however, no action was taken so the City's Public -
Works Operations crew removed the debris on August 26.
Gar Freymann, Bremerton resident, questioned the procedure used to notify the property owner that
they must take action to clean up their property?
Lester Bulyrar r owner of the subject pro~ert~e stated he received a
certified letter from the City dated September 16r 1997r after
which he called his in-resident manaqer at the subject property and
asked him to look into and take care of the situation. His manager
asked the tenants to remove some of the debris~ but their response
was indifferent to that requestr so he called the City to scc if
some kind of pressure could be brought on the tenants. The manager
did get the maQority of the items picked up and he contacted the
City to let them know most of the area had been cleaned up but a
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few things remained and to let him know if the action taken was
insufficient. However, the manager never received a call back
from the City. Mr. Bulgar stated the largest item left was a
stereo and several other smaller items. He was surprised at the
amount ($191.00) being charged by the City for what his manager s~ted was
a minutes work. Had he known that the prior action was not sufficient~ he would have picked
up the remaining items at the time he became aware they were a problem.
Ms. Johnson stated on August 21, 1997, the owners received the original letter that was ~nt to 636
Pleasant Avenue on that same date. She could not speak to the issue of the in-resident manager not
getting a call back bom her office and she would check into that matter. When owners are notified,
letters are sent by certified mail and a follow up letter is sent identifying the action taken by the City and
the charges incurred by the City.
Mr. McConnell questioned the variation of dumping fees? Bob Tulp, Public Works Operations
Manager, explained the City is required to pay extra fees for the disposal of tires, oil contaminants or
unknown fluids; however, to be more specific on this issue he would have to review the Daily Labor
Reports.
Mr. Winters pointed out many of the items in the pictures that were provided show disassembled
bicycle, toys, and old used chair; however the garbage cans were not overflowing. In this instance, he
felt the landlord might be in violation of the landlord Tenant Act by touching the personal property of
the tenant. He asked the Assistant City Attomey to address that point. Glenna Malanca, Assistant
City Attorney, stated if the City of Bremerton determines the items accumulated on the property fit the
description of the ordinance relating to garbage and debris, the landlord will have no liability to the
tenant and would have absolute defense in compelling their removal of the garbage and debris as
determined by the City. To have a property manager call the City and request the negation of the
notice given by the City was not appropriate.
Mr. Montgomery stated just because someone owns a piece of property his or her responsibility does
not ends there. If a property owner cannot control their tenants, they must be prepared to suffer the
consequences. He believes the City's laws are quite explicit and supported the proposal as presented.
Mr. Overson questioned the use of a backhoe for this clean up effort? Ms. Johnson acknowledged
the charge included the use of backhoe. Mr. Overson stated he agreed with the proposed charges and
believed the action taken by the City was in the best interest of the surrounding neighborhood. He felt
the property owner and in-resident manager could have done more to maintain the subject property in a
more acceptable manner, which would not have required the City to intervene.
//1954 M/S/C(Montgomery/Overson) Motion to adopt Resolution No. 2628, ordering that the fees
incurred for the removal of garbage and debris from the property located at 636 Pleasant Avenue
be collected as reasonable abatement costs and become a personal judgment against the property
owner, which if no collected within 30 days shall become a lien against the property.
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Vote on motion: In Favor: Montgomery, Neville, Overson, Law, McConnell, Colvin
Opposed: Winters
Motion carried.
9B - PUBLIC ltEARING ON RESOLUTION NO. 2629~ REGARDING RECOVERY OF
FEES FOR THE REMOVAL OF GARBAGE AND DEBRIS FROM THE PROPERTY
LOCATED AT 1341 N. CAMBRIAN AVENUE~ #AB97-225
On August 27, 1997, the City removed garbage and debris bom the property located at 1341 N.
Cambrian Avenue, after the owners, James and Rebecca Einhaus, failed to do so as ordered by the
Building Official. The cost charged to the revolving abatement fund for this action totaled $672.41.
Council must now deride if the fees are just reasonable.
Judy Johnson, Department of Community Development, stated the City received a complaint on July
25, 1997, and upon investigation there appeared to be a large number of tires, garbage and debris,
vegetation, etc. On July 28, 1997, the owner was sent a letter requesting the debris be removed within
two weeks. On August 20, 1997, the City sent a 72-hour notice and posted the site; however, because
there was no action taken to clear the site, the City removed the debris on August 26.
David Einhaus stated he was not disputing the general facts relating to this situation, but he believed
there were relevant issues that reasonable people would reach some sort of reasonable agreement as to
how it could be handled. He sent a letter, dated September 30, 1997, to the Office of the City Clerk,
objecting to the implementation of the statute regarding debris clean up. He does support the City's
action to clean up debris, particularly in the case of irresponsible property owners. In his instance, he
was faced with a life threatening situation whereby the tenant refused to vacate the subject property so
that it could be cleaned up in a manner acceptable to the City. From the time he purchased the subject
site the end of May 1997, he tried to enforce an Addendum to the Real Estate Purchase Agreement
that the former owners clean up the site as a condition to the sale. The tenant, who was the son of the
former owners, was allowed to remain in the residence until July; however, when asked to vacate the
premises after that date threatened bodily harm to the new owners, if they entered the property. He
had pictures of signs on the door supporting those threats. Mr. Einhaus chose to wait until the tenant
vacated the premises voluntarily. He was somewhat amazed that the City did not do something about
the garbage and debris when the former owners had control of the property. He emphasized he only
had access to his property the last 30 days and offered a plea that the City approach the former owners
for the cost of garbage removal.
Mr. Colvin questioned the owner's responsibility for cleaning up the site if a precondition existed?
Ms. Malanca stated she believed the current owner at the time the process commenced was
responsible and she suggested the owner pursue the matter through the Small Claims Court, which has
a jurisdiction up to $2,5000 without the involvement of any attorneys on either side. She normally
does not recommend litigation on a private level, but it appears to be the appropriate remedy in this
instance.
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Mr. Overson stated he viewed the site and was aware of the condition prior to its being cleaned up.
It was unfortunate that the current owner is responsible for the condition, but the Council is duty
bound to follow through with the action as presented.
Mr. McConnell questioned if the owner could have requested assistance from the Police Department
to gain access to his property without bodily harm from the tenant? Ms. Malanca stated based on the
facts presented, it appears it would be a serous violation of the law.
#2498 MIS/C/U(Montgomery/Overson) Motion to adopt Resolution No. 2629, ordering that the fees
incurred for the removal of garbage and debris from the property located at 1341 N. Cambrian
Avenue be collected as reasonable abatement costs and become a personal judgment against the
property owner, which if no collected within 30 days shall become a lien against the property.
9D - PUBLIC HEARING ON RESOLUTION NO. 2631~ REGARDING RECOVERY OF
FEES FOR THE REMOVAL OF GARBAGE AND DEBRIS FROM THE PROPERTY
LOCATED AT BLOCK 003~ LOTS 2 & 3~ BAYVIEW ADDITION~ PLEASANT AVENUE~
#AB97-227
On August 26, 1997, the City removed garbage and debris from the property located at Block 003,
Lots 2 & 3, Bayview Addition, Pleasant Avenue, after the owners, Bartholomew and Johnsen, failed to
do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this
action totaled $716.06. Council must now decide if the fees are just reasonable.
Judy Johnson, Department of Community Development, passed out photographs showing the site
after it was cleared of debris. She reviewed the action taken by the City: (1) the City received a
complaint in February 1997; (2) on April 21, 1997, the City mailed a letter to Gary Sexton requesting
the vegetation be removed; (3) the City sent another letter in June again requesting removal of the
vegetation; (4) on June 25, ' 1997, the City issued a 5-day notice for removal of the debris; (5) on July
2, 1997, the City Council approved the removal of vegetation by City crews, which was accomplished
on July 18; (6) another notice was posted addressing the debris that was found after the vegetation
was removed; (7) on August 26, 1997, City crews removed the remaining debris. She noted earlier-
there was some question as to the validity of some of the fees for the volume of debris that was actually
removed; however the photographs she provided to Council clarified that issue.
Public comment - none.
Mr. Montgomery asked when the City would start charging Administrative Fees, as previously
approved by Council? Ms. Johnson stated this action started in February, which was prior to the
implementation of the Administrative Fee.
Mr. McConnell questioned if the fees identified included the removal of vegetation? Ms. Johnson
stated yes.
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#2823 M/S/CFU (Montgomery/McConnell)Motion to adopt Resolution No. 2631, ordering that the fees
incurred for the removal of garbage and debris fi-om the property located at Block 003, Lots 2 &
3, Bayview Addition, Pleasant Avenue, be collected as reasonable abatement costs and become a
personal judgment against the property owner, which if no collected within 30 days shall
become a lien against the property.
Vice President Neville thanked the TV camera crew for their services: Bob Ne. al, Scott K.linski,
Tracy Teigen, Debi Dreiling and David Saunders.
With no further business meeting adjourned at 6:56 P.M.
DA'v'ID FARR, City Council Pi'esident
City of Bremerton
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