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HomeMy WebLinkAbout02/05/97 TAPE #1438 CITY COUNCIL MEETING MINUTES FEBRUARY 5, 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, February 5, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Also present were City Attorney Ian Sievers and Acting City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Cleveland Williams of the Ebenezer A.M.E. Church. President Farr made the following announcement: (1) Council held an Executive Session to discuss "litigation" prior to the Council meeting. CONSENT AGENUA A. Minutes -- January 22, 1997 #AB97-019 B. Minutes -- January 29, 1997 #AB97-020 #0064 M/S/C/U(Overson/Neville) 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. #0089 M/S/C/U(Colvin/Montgomery) on February 5, 1997, the Council does approve for payment those vouchers included and further described as follows: 205577 through 205752 in the amount of $373,408.64; and Regular Payroll for the period ending January 31, 1997, in the amount of $869,774.37. COUNCIL MEMBER REPORTS Mr. Winters thanked those who responded to his proposal to organize a citizen telecommunications advisory committee. He will hold a meeting on February 24, 7:30 P.M., in the City Council Chambers. He extended an open invitation to interested citizens to attend that meeting. Information on that meeting can be obtained by calling the City Council Office 478-5280. TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 2 of 32 Mr. Neville noted the recent removal of the fire training tower at Evergreen Park. Mr. Oversen referenced a recent newspaper article about crime in the city, and pointed out the statistics were used in a way to emphasize that conditions are not as bad as they seem. Also, he was concerned about the apparent failure of local School Levies and what messages the voters are sending to the School Boards and School Administrators. He was hopeful that the School Administrations would listen to that message and do whatever is necessary in response to the public's position. Mr. Law announced the next District #3 Neighborhood Meeting will be held on February 18, 7:00 P.M., at the Senior Center. Mr. Colvin congratulated Michael Powers, Marcus Whitman Wrestling Coach, who refused to make a boy wrestle a girl. In his opinion, there is room for old fashion common sense. He also extended congratulations to those citizens that supported Mr. Powers position on that issue. He congratulated Joanne Marez for the article on Ed Sheldon, former CEO of the recently merged Northwestern Bank. Mr. Colvin was glad to know that Mr. Sheldon will continue to be active within the community. The next District #1 Neighborhood Meeting will be held on February 20, 1997, 7:00 P.M., at the Sheridan Park Recreation Center. The topics of discussion at that meeting will be: (1) replacement plantings for the Scotch broom that was removed from the northwest side of the Warren Avenue Bridge; (2) the City's proposal to remove parking from planting strips and the responsiblity for sidewalk repair. Mr. Colvin asked the City Attorney to state for the public's benefit the Court case involving the City of Tacoma and their attempt to make a property owner repair an abutting sidewalk, which was appealed through Superior Court. Ian Sievers stated Mr. Colvin referenced the Rivitt case that had to do with the City of Tacoma trying to find the abutting property owner liable for a third party's injuries created by a sidewalk defect. The Supreme Court ruled that maintenance is the City's primary responsiblity and that liability cannot be created or passed along by the City to the abutting owner in that case and struck the Tacoma ordinance. The City of Bremerton adopted a similar ordinance and in the very near future the City Council will have a new ordinance before them that will delete the liability of abutting owners for third party injuries. MAYOR'S REPORT Mayor Lynn Horton referenced the crime statistics article in today's "Sun" newspaper and pointed out part of the problem with the statistics has to do with the fact that two years ago the City's records management system was non-functioning. Until recently, the City had not kept track of those statistics as TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 3 of 32 reliably as they should have been. Additionally, the 911 calls for Police services have actually reduced over the past two years. The majority of the reports she reads reveal that most crime occur when people are walking around at 2:00-3:00 AM going to a 7-11 store by themselves, generally having imbibed a great deal of alcohol or some other substance of their choice. The issue is much different than the broad numbers indicate. She is concerned about some of the statistics, but has been concentrating over the past year on domestic violence, which have shown a decrease. On Monday Mayor Horton, Council President Farr and councilman Law met with several U.S. Navy representatives to talk about the possible homeporting of a third vessel in Bremerton or somewhere else. The newspaper report was accurate in stating that no one from the City government attended an evening meeting; however, the City was given an extensive briefing earlier that day. During that meeting, many City concerns were identified, which were very broad that included: housing, transportation, parking, crime statistics, what the Navy could do to be of assistance to the City should the homeporting come about and if not to alert them to the fact that current homeporting does cause some difficulties and opportunities within the community. She was cheered by the fact the Navy was trying to go toward an area-wide Command to deal with all issues that a community has to embark upon, such as the need to go through someone in San Diego when the City negotiates utility rates with the Navy; having to deal with someone in Poulsbo when property acquisition issues come up. To deal with Puget Sound Naval Shipyard (PSNS) or other military installations in the area the City deals with PSNS or Admiral Center's office. PUBLIC RECOGNITION Kal Leitchman, Bremerton resident, thanked the City government for providing the City Charter on the Internet. He referenced Charter Article VII - Section 34 - Member Residency Requirements and B.M.C. Chapter 2.11, which provides for membership on the Traffic Safety Commission that included City staff and members of the public that were not required to be residents of the City, and made the following statement: "For hearing appeals of that nature there are City employees whose salaries and tenure basically depend upon the City government and he believes that is a conflict of interest. Secondly, he believes people outside of the City do not have the same feeling for parking in the neighborhoods as the residents." He believes Council should take that into consideration when they consider whether or not parking strips are places for people to park their vehicles. Right now the City has the "stack" against the people. Larry Dickerson, Bremerton resident, stated on January 14, 1997, "THE SUN" ran a letter to the editor about a City Police Officer, TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 4 of 32 which he replied to based upon hundreds of hours of observing that officer and other officers performing their duties. He referenced an article in today's "SUN" as to crime statistics and pointed out 4% of the robberies only occurred to those areas where there were no Blockwatch programs. About 4-5 months ago, he called his City Council representative and asked that the Blockwatch Program be promoted at every Council District Neighborhood meeting. He could personally testify to the value of the Blockwatch program in his neighborhood where residents gave input on drug dealing, convicted felons, pimps/prostitutes, muggers, etc.. Tom Dorton, Bremerton resident, gave a salute and goodby to Kal Leitchman, who is moving to the City of Everett. Mr. Dorton complimented Mr. Leitchman on his military service and watchfulness of City government during his many years as a resident of Bremerton. RoY McInnis, Bremerton resident, stated about three weeks ago he promised Mr. Winters that he would seek out residents of Westpark to come before the City Council and share their feelings about the policing services provide in Westpark by City of Bremerton Police Officers under contract with the Housing Authority. He was disappointed that no one was able to attend this Council meeting; however, he will continue that effort. He did conduct sort of a "survey" of residents in Westpark and in most cases they are impressed with the way their area has improved in the way of safety; however, it is wintertime and people stay indoors more so they will reserve their opinion until the summer months. He announced the Sinclair Missionary Baptist Church will hold a Military Day along with a Black History Program, which will include a dinner, on February 16, 1:00 P.M. Members of the general public are invited to attend that event. Carol Atkinson, Bremerton Main Street Association, announced the mural at 2nd Street and Washington Avenue is being completed. Also, on April 26 the Westsound Arts Council is sponsoring an Art Walk during the daytime followed by an elegant evening affair with the Bremerton Symphony and Westsound Pops at the Admiral Theater. Don Smith, Olympic Kennels, Belfair, WA., referenced Council's recent action approving a contract with McDonald Farm Kennel instead of renewing a contract with Mr. Smith. He handed out a 3- page letter plus attachments stating his position on the issue of Kenneling Services for the City of Bremerton's Animal Control program. Lorin M. Miller. Bremerton resident, stated over 38 years ago he began parking his vehicle on the parking strips and he continued that action until the Bremerton Police told him to stop parking on TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 5 of 32 the planting strip. Since the Police made him park his truck on the street rather than on the parking strip, it has been damaged twice by vehicles traveling down Veneta Street, which is a wide street. Apparently, the City believes the State is causing the City to enforce the law to remove parking off of parking strips. He did not know why the City did not declare the parking (planting) strips go from sidewalk to sidewalk rather than curb to curb and allow people to park on them, which he believes is a safer condition. 7A - CONTRACT EXTEN8ION WITH MEGANE. KALSEN, GRANTS WRITER, #AB97- 021 The city has contracted with M. E. Kalsen for grant writing services since January 1995. This one year extension provides for an annual cost of living increase of 3% to total $15,897.84 paid for services provided during 1997. Also, a conditional clause has been added whereby M. E. Kalsen may earn an additional $5,000 during 1997, if the Mayor directs her to apply for new grant opportunities involving the Sinclair Land Project. Kathleen McCluskey, Director of Administrative Services, stated Ms. Kalsen has been writing grants for the City the past two years and has worked will all departments of the City in a wide variety of areas. She has been extremely successful in this endeavor and the Administration is requesting that her contract be extended an additional year, through December 31, 1997. Megan Kalsen, Grants Writer, stated as the City's grant consultant for 1996, she aided and provided the City funding opportunities of over sixteen million dollars. This equates to approximately 23% of the City's 1996 68.5 million dollar budget. The 16 million of submitted opportunities include almost 11.5 million dollars of external funding and just over 4.5 million dollars of City matching funds and includes those items identified in the Agenda documentation titled "Exhibit B"; and efforts for both rounds one and two of the Kitsap Way construction project UATA funding. In addition to the submitted projects she also contributed to on going work for the City's portion of the Sinclair landing Association, which costs have not yet been estimated, and the 1997 36-inch main project that will cost over 4 million dollars. Also in 1996, two projects were canceled before being submitted and others were not attempted for lack of City match and lack of contract time. So far the City has 10.5 million dollars for 66% of those submittals accepted for funding with an additional $65,000 of possible funding. She was pleased to report the City received more Transportation Grant funding than any other applicant and the City has a reputation...funding agencies are acquainted with the City and they expect to have project submitted from the City. Also, several projects had a second year of applying for funding so they TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 6 of 32 were familiar to the rating panel and the projects that scored higher than those submitted by the City were already funded in the previous year. It also includes Economic Development Administration money not yet allocated in the Federal budget. Upon the funding agencies' approval, the City's receipt of these funds should range from 1997 to 1998 funding cycle. In 1997, Ms. Kalsen has already contributed to two applications for 1.9 million dollars, which include the Evergreen Park/Smith Cove Remediation Project, Sylvan Way Sidewalk construction. She is also working on leveraging funding for the City's portion of two other large projects, which includes a UATA Application for the City's portion of Werner Road and the street portion of the Westhills Commercial District and the Congressional Demonstration Project application for the SR3/SR304 Gorst-Bremerton project. Ms. Kalsen concluded her remarks by giving an overview of the data listed on "Exhibit B". Mr. Winters stated he hoped a caveat could be added to the contract at this time whereby Ms. Kalsen could provide grant writing assistance in the area of telecommunications. He complimented Ms. Kalsen on doing a "great job". Mrs. McCluskey stated Ms. Kalsen's base contract provides that assistance without adding anything additional. Mr. Winters stated he was suggesting adding a financial incentive. Public comment - none. Mr. Neville complimented Ms. Kalsen on doing an outstanding job and believes the City is lucky to have her expertise. On the issue of an additional $5,000 for work on the Sinclair landing Project, he questioned if it should have been worded "up to an additional $5,000? Mrs. MccluskeV stated the understanding between Ms. Kalsen and Mayor Horton was that work on Sinclair Landing grants may not happen in 1997, or it may happen in one huge time allotment, or may be spread out over a longer period of time. The intent is to have $5,000 for her grant work on the Sinclair Landing project and how it is paid would be determined by Mayor Horton based on the amount of time required. #1459 M/S/C/U(Overson/Winters) to accept the contract extension with M. E. Kalsen, City's Grant Writer, and authorize the Mayor to extend Contract 3605 for one year. 7B - PENDERGAST PARK ENTRANCE ROAD EASEMENT WITH THE WASHINGTON STATE MILITARY DEPARTMENT, #AB97-022 As part of the Pendergast Park project, a roadway across Washington State Military Department land was constructed with its knowledge and consent. TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 7 of 32 Easements for the roadway have been negotiated with the Military Department. The easements are for two segments of the road, one that goes toward the Pope Resources land holdings and can be converted to public right-of-way at the City's request and the other is the entrance to Pendergast Park, which will remain an easement to the City. Consideration for the easement will be borne by the Parks Department (improvements to Armory entrance) and Pope Resources (fencing). Approval of the easements is recommended. Randy Witt, City Engineer, explained obtaining the easement has been a long process. The easements cover the roadway entrance into Pendergast Regional Park with one to be converted to public right- of-way to access the Pope Resources property. Pope Resources has agreed to share the cost of initial construction of the road and any improvements that may be required once they start using that access to facilitate the development of that area. Public comment - none. #1564 M/S/C/U(Colvin/Huff-Menees) City Council authorizes and directs the Mayor to execute the easements with the Washington State Military Department for the access to Pendergast Park. 7C - WASTEWATER TREATMENT PLANT ODOR CONTROL PROJECT - AMENDMENT NO. 10 WITH R. W. BECK FOR PROFESSIONAL SERVICES, #AB97-023 The City has negotiated Amendment #10 to the Professional Services Agreement with R. W. Beck for construction administration services on the Wastewater Treatment Plant Odor Control Project. The amendment is for a not-to-exceed amount of $44,600 and provides services to the estimated date of project completion. The additional construction management services are necessary because of the extended project close-out, punch list completion, warrantee issue and operation assistance required. Funds for these extended services are anticipated to be available through liquidated damages assessed against the contractor. The total amount of the agreement with R. W. Beck inclusive of Amendment #10 is $2,148,145.87. Sufficient funds exist in the project budget for this work. Randy Witt, City Engineer, referenced the table on the first page of the Amendment, which identifies where the actual task work has been increased with the most significant portion being the Routine Construction Management services (civil and mechanical and for purposes of this contract electrical). Also, cost savings are identified with construction meetings being canceled as the actual contractor left the site. Mr. Witt foresees this being the last amendment required for the project. Public comment - none. TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 8 of 32 Mr. Neville questioned for clarification the statement that "funds for these extended services are anticipated to be available through liquidated damages assessed against the contractor"; however, it is also stated that "sufficient funds exist in the project for this work." He questioned if the costs would be reimbursed into the budget and is it known when the final determination of liquidated damages will be made? Mr. Witt stated sufficient funds do exist in the project budget; however, outside of that the Construction Contract includes liquidated damages, which means if a contractor goes beyond a certain period of time the City would assess liquidated damages at a cost per day as an incentive to meet that agreed upon date. The intent is to cover the City's additional cost in having that contract go on beyond the time frame allotted. He used the word "anticipated" because the liquidated damages have not been negotiated and will be one of the last things the contractor will want to conclude. #1743 M/S/C(Neville/Huff-Menees) That the City Council authorize and direct the Mayor to execute Amendment #10 to the Professional Services Agreement with R. W. Beck for the Wastewater Treatment Plant Odor Control Project. Vote on motion: In Favor: Montgomery, Huff-Menees, Neville, Farr, Overson, McConnell, Colvin, Law Opposed: Winters Motion carried. 7D - SR3/SR304 BREMERTON FERRY TERNINAL TO GORST TRKNSPORTATION IMPROVEMENT PROJECT - CONSULTANT SERVICES AGREEMENT WITH PARAMETRIX, INC., FOR DESIGN SERVICE8 ON THE SR304 TRANSPORTATION IMPROVEMENT PROJECT, #AB97-024 The Engineering Division has negotiated a Consultant Services Agreement with Parametrix, Inc., to provide engineering design, right-of-way assistance and environmental services on the SR304 Transportation Improvement Project. The City is the lead agency on the SR304 portion of the SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity Transportation Improvement Project. The not-to- exceed amount of this agreement is $2,322,272.00. Parametrix, Inc., was selected as the most qualified consultant based upon its written proposal and oral interview. Five firms responded to the advertised request for proposals. Four were selected for interviews based on their proposal. The selection committee was comprised of representatives of the Executive Steering Committee, City of Bremerton, Kitsap County, Kitsap Transit and Washington State Department Of Transportation. The scope of work generally includes design services, right-of-way establishment and acquisition support, public involvement, TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 9 of 32 landscape design, environmental remediation, and project management. It is anticipated that five contract packages will be developed phasing construction of improvements over the next several years. Staff recommends City Council approval of the Consultant Services Agreement with Parametrix Inc., for design services on the SR304 Transportation Improvement Project. Randy Witt, City Engineer, stated we are finally moving off the Environmental Impact Statement and planning stage of the project onto design and eventually into construction. As discussed in Council Study Sessions and Committees, this contract has been negotiated to cover design of the SR304 portion. A detailed Scope Of Work is included as part of the agreement showing what the consultant will do involving their tasks for project management, community support and involvement, the actual design of the packages, the preparation of the right-of-way drawings and right- of-way support, and all design activities necessary to complete the project. He pointed out this is not the City's standard consultant services agreement, it is a Washington State Department Of Transportation Agreement due to the fact there are Federal and State funds involved with the project. He referenced a change that was negotiated subsequent to publication of the Agenda documentation that involves the personal liability insurance requirements of the contract. He noted this change has not been approved by the Washington State Department of Transportation (WSDOT; however, he expects it will receive their approval and he urged Council to approve the contract as presented. If WSDOT chooses to do something different in that regard, he will bring the issue back to Council. Roy McInnis, Bremerton resident, asked if the City Council and City staff were satisfied with the share of money the City will be required to put into this project? Council President Farr pointed out the City's portion of this proposal is $187,500. Mr. Witt explained a number of funding agencies are involved and the City is making well over $10.00 for every dollar put into the project. The funding agencies are: City of Bremerton $187,500; Kitsap County $187,500; Kitsap Transit $112,500; WSDOT $37,500; Washington State Transportation Improvement Board (WSTIP) $1,122,272; Federal ISTEA(STP) $675,000 He noted several grants are also involved in this project. Mr. Neville asked to have the 15 Tasks read into the record for the public's benefit as identified in the contract. Mr. Witt gave a brief overview of each of the following tasks: (1) Project Administration; (2) Partnering; (3) Community Outreach; (4) Right- Of-Way/Access Plans; (5) Design/Access Hearing; (6) Right-Of-Way TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 10 of 32 Acquisition Support; (7) Utility Coordination; (8) Building Demolition PS&E (Segment C); (9) Package #1 - Burwell Street From Montgomery Avenue to Pacific Avenue; (10) Package #2 - Missouri Gate Vicinity To Montgomery Avenue Vicinity; (11) Package #3 - Landscaping - Missouri Gate Vicinity to First Street; (12) Package #4 - SR3 I.C. To Approx. Missouri Gate Including Charleston Beach Road; (13) Package #5 - Pacific/First/Washington One Way Couplet; (14) Gorst to Bremerton Trail; (15) Building Demolition PS&E (Segment B). Mr. McConnell asked at what point of the project will Task #13 be accomplished? Mr. Witt stated after the Transportation Plaza decides what they want to do. Mr. Winters questioned the "Salary Inflation Factor" beginning in 1996 when it is known this project is now into 1997 and completion date is 1999, and if those factors would be excluded in 19967 Mr. Witt explained they would begin in 1997. Jeff Peacock, Parametrix Inc., explained it is a technicality dealing with when their salary rates are adjusted. They do not adjust at the beginning of the year, but rather during the course of the year. Currently, in February 1997 they are operating with 1996 rates and will continue to do so into April. Mr. Witt referenced Parametrix's Budget Worksheet and noted the salary inflation factor has been accounted for and budgeted. Mr. Winters asked the City Attorney if he was comfortable with that data? Ian Sievers, City Attorney, pointed out it was budgeted. Mr. Witt added this was probably an outgrowth of the Environmental Impact Statement (EIS), which went on for several years without a salary increase. Mr. Law referenced Exhibit D-2 Consultant Fee Determination Summary Sheet (Specific Rates Of Pay) Fee Schedule, and questioned if the overhead for a $25.00 per hour person will be $45.00? Mr. Witt stated yes, and the overhead rate is audited and must be approved by the Washington State Department Of Transportation. Mrs. Huff-Menees stated as a person who first served on the Citizens Advisory Committee and Executive Steering Committee for this project she is pleased too be at this point of approval for design and management services. And, having worked with Parametrix, Inc., during the early parts of this project, she believes they are a good contractor. Mr. Overson questioned if the selection process was a competitive process? Mr. Witt stated it was competitive in selecting the most qualified consultant, not a bid process. Mr. Oversonquestioned if Mr. Witt felt a significant aspect of selecting Parametrix, Inc., was based on a belief or trust in a significant return to the taxpayer of the benefit of their having been involved so far? Mr. TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 11 of 32 Witt stated he believed that was one element; however they did have to compete very strongly in representing themselves. He felt part of their ability to compete well was their knowledge of the project, but there is enough information and history available that other consultants were interested and made very good presentations. Mr. Overson stated based on his understanding of the data, the City gets a great deal for its money because every project is a definite result of the quality of engineering going into it. #1686 M/S/C/U(Huff-Menees/Winters) That the Mayor be authorized and directed to execute the Consultant Services Agreement with Parametrix, Inc., for design services on the SR304 Transportation Improvement Project. Mr. Witt noted the Record of Decision is still being processed by the Federal Highway Administration and it could be a month or more before they sign, which means this project cannot be started until that Record of Decision is signed. 8A - ORDINANCE (FIRST READING) DECLARING A NUISANCE FOR FREQUENT CRIMINAL ACTIVITY AT A RESIDENCE AND ABATING THE NUISANCE, #AB97- 025 Using the drug house abatement statute as a model, this ordinance expands the list of habitual criminal activity, which impacts and degrades a neighborhood. The residential unit may be vacated for up to one year for three felony convictions or any combination of felonies, misdemeanors or infractions totaling five in a one year period. The activity must have a connection to the residence. Mayor Horton stated this is the first of several issues that the Administration has discussed with Council over the past 2-3 months. These issues have been taken to the Puget Rental Operators Association and overall some changes were made to one of the items, but for the most part they are supportive of these issues. She embarked upon these measures because for the past 2 1/2 years City staff, Bremerton Housing Authority and Chico Towing have tried to come up with ways to deal with some of the problem properties within the City. This particular issue is one that will require full and due notice to the property owners, just the way any other abatement is presently handled. Additionally, discussions have been held with rental operators about providing them with a listing of CENCOM calls for service so that they can become aware if any of their properties are showing up as problem sites so they can work on resolving those issues. The City has made a commitment to the rental operators to be more responsive to their needs, if they do need to process evictions. In the past, the Police Department felt it was a civil matter and shouldn't become involved. But, if TAPE #1438 City Council Reg. Mtg. Minutes February 5, 1997 Page 12 of 32 there are problems that are causing degradation to neighborhoods where residents feel unsafe due to the illegal activities, it is incumbent upon the Police Department to become involved. This issue involves people living in properties, who are convicted of a number of misdemeanors and felonies. It will not be a situation where we're dealing with people who are charged, but not proven guilty. The City will rely on convictions that have been made on various individuals. There are properties where people funnel in and out of the Courts and basically hold a property hostage because they feel they can do whatever they want whenever they want. People have told her that they could not let their children play outside in their own yard because of their fear of the illegal activity taking place. People have been aroused in the early morning hours because of noise and Police coming on site and some of the properties have had incidents of shootings. This ordinance is an attempt to deal with criminal activity of a dwelling place. Police Chief Paul Du Fresne stated he would standby for any questions. The following individuals spoke in favor of the proposed ordinance: Jack Lefcoski, Bremerton resident; Emily Moshay, Bremerton resident; Morris Thompson, Bremerton resident; Sharon Richard, Bremerton resident; Larry Dickerson, Bremerton resident, TAPE #1439 The following comments were made in favor of the proposed ordinance (1) Tired of these kinds of problems happening in neighborhoods. (2) The changes made in the Park Avenue neighborhood have been remarkable. (3) Support the proposal, but concerned as a rental owner of being notified first of any problem with his property. (4) A picture album was circulated to Council members documenting criminal activity going on in a neighborhood starting in 1992 that took years to clean up; however, criminal activity had been going on several years prior to 1992. (5) Urged Council to give the Administration and the Police all the tools available to rid neighborhoods of illegal activity in order to make them safe for residents. (6) A particular address on 4th Street was visited 85 times by the Police Department, but they did not have the authority to kick out the people causing the problems. (7) The abatements cannot be instituted unless citizens take the initiative and be the eyes and ears to report illegal activity. Chief Du Fresne explained the ordinance spells out the notification process under Section .020 requiring the City to give proper notice when an abatement action is begun. For the last four months the Police Department has provided the Puget Rental Owners Association detailed summaries of every written complaint that the Police have TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 13 of 32 on properties listed throughout the City. That same information is available to any member of the public. Also, the Police Department recognizes that problems in a particular property or neighborhood can crop up over night and with the restraints on the Police as far as investigations and convictions, it may take them much longer to rid the neighborhood of the problem. To wait for three full convictions for felonies or five full convictions with appeals on some of the misdemeanor cases is exceedingly long and the City is committed not to wait that long before notifying the property owners that they have a problem. He expects that going the full course of this ordinance will happen infrequently, but having it available to use will be critical. Bill Camp, Bremerton resident raised the following issues: (1) Prior notification of the six ordinances on the Agenda was not adequate. (2) Concerned about criminals moving from one property to another. (3) Will a person with three prior felony convictions in one house, who moves to another house, start his record all over again and accumulate three other priors? No wording in the proposed ordinance that will preclude that from happening. (4) Are we not expelling our problems into the County? (5) Concerned about what appears to be turning landlords into Police Officers. Will landlords in the City be required to include on their rental applications a criminal background question? (6) Will all landlords have ample access to the Police Department's criminal files and if that access is granted would prospective renters obtaining criminal information on their prospective landlords? (7) How far do we want to stretch resources in the Police Department? (8) Opposed to legislation being passed just for the sake of saying "we did something". Ian Sievers, City Attorney, stated in response to Mr. Camp's accusation that the notification process was not adequate, the standard notification process was used whereby the items are published in the Agenda, listed on the Character Generator shown on Cable Access Channel 12 and copies provided to Kitsap Regional Library (east and west Bremerton branches). The issues have also had lengthy review by the Council committees and those agenda are posted and are open to the public; and the Administration did make contact within the community regarding these issues. Police Chief Du Fresne stated in response to Mr. Camp's question about the possibility of displacing crime from one area to another, he does not find that as large a concern as getting the individual criminals out of the neighborhoods they have been plaguing. He emphasized the proposed legislation will not immediately fix a problem in a neighborhood where someone set up a crack house or some other problem, it will take effort by the Police Department to make the arrests and get the convictions; however, it will also TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 14 of 32 take the cooperation of the individual property owners to recognize that the Police Department will provide them the proper information that they need so that they can use the tools that are already in place. In the past the Police did may have felt their role was not to be involved in civil actions - that can't be the case any more. To not be involved and provide legitimate information to landlords so they can take the right action doesn't serve the citizens of Bremerton. Mr. Sievers pointed out Mr. Camp was mistaken when he thought the individual carried prior convictions around to additional residences, it does not attach to the individual it attaches to the real property to a particular location. If it was attached to an individual, that would be an improper enhancement of penalty for the last crime and the City must be consistent with State law. This proposal is an abatement of a nuisance of real property and addresses an irresponsible property ownership issue. Mr. Camp also mentioned if a landlord was faced with a history of a number of violations or convictions of past tenants would he then be required to get a background check and check criminal history for a prospective tenant; and he was concerned about placing a burden on the Police Department's resources. City Administration would suggest that a criminal background check be made a part of screening potential tenants, if they experienced problems in the past, and the Police Department does have a charge for that records check process. As previously stated, the Bremerton Housing authority does have access to that process, which is a matter of public disclosure and anyone landlord can obtain that information. Mr. Winters questioned the percentage of properties within the community that would be subject to this kind of abatement? Chief Paul Du Fresne stated in his opinion it would be a very insignificant percent, but those particular properties without a threat of abatement have no motivation to abide by legitimate changes the Police Department wants for a particular property. Mr. Winters stated he had personally experienced tenant problems and did use the back up of the Police Department to stop illegal behavior. He referenced Section 1.040(a)- Abatement Order- Cancellation-Stay, and asked that it be read for the benefit of the public. Mr. Sievers responded by reading Section 1,040(a) into the record. Mr. McConnell stated he supports the proposed ordinance, but questioned what would happen if a landlord rented out his property to a family that contained 4-5 people and all were involved with distributing illegal drugs, were arrested at the same time and convicted of their criminal activity and if fulfilled the 3-5 convictions? Chief Du Fresne stated yes, based on his understanding of the ordinance. The ordinance was prepared TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 15 of 32 specifically to address such a circumstance if the property owner did not abate the property upon notification by the City. Mr. Sievers explained under this ordinance each one of those convictions had some nexus or impact on the neighborhood, so it is accumulative even if it is over a short period of time. Under Section 1.040(a), it is more likely that the landlord will have a defense over a short period of time because it all happened one night and he may not have knowledge of such activity. Mr. McOonnell asked how the abatement worked under the new process and if the property is closed down without a Court order? Chief Du Frenee stated there is an incredible degree of due process because it is based on conviction and convictions in the criminal court are so much greater than in a civil matter or a straight abatement. Subsequent to that is due process built in and the City's standard appeals process for hearing the abatement itself. The property owner needs to recognize that the City will not bring frivolous convictions because the systems the City must work under make those convictions difficult to obtain. Mr. Sievers stated as a practical matter, this process will require the Police Department to notify the landlord and show that they have been notified, with registered or first class mail, of the history related to the property so that he would not have the defense that he did not know of such a condition existing at a specific property. Under State law, the City has a drug abatement nuisance authority that allows abatements similar to this for drug activity. As Chief Du Fresne mentioned, prior to the order to abate going into effect, the person is given the right to appeal before the Hearing Examiner and the abatement is ordered pending the outcome of that appeal. Chief Du Frense noted the City's success with notification of drug activity cases has been very good and instances have been rare where the property owner did not respond to such notification. Mr. McConnell questioned if the reference to "burglary" is against tenants or is it tenants committing a burglary? Chief Du Fresne stated it would be a burglary committed by the tenant in or near a particular property. Mr. McConnell questioned the City's liability if a building was damaged during the year it was closed up due to abatement proceedings? Mr. Sievers stated the City would be vacating it for use as a residence or to be occupied. The safe keeping of the building is still the property owner's responsibility, i.e. shutting off gas, water and securing the building. Mr. McConnell referenced Section l(b) .... "The adverse impact associated with the conviction includes, but is not limited to, unlawfullv manufactured, delivering, selling, storing or giving away any controlled substances as defended in chapters 69.50, 69.41 and 69.52 R.C.W. oarrests or searches by law enforcement personnel; police or fire response at premises or within 100 yards thereof, commission any act which is an element of the offense". He questioned who would be adversely impacted? Mr. Sievers explained the adverse impact created by the criminal activity that lead to a TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 16 of 32 conviction. Chief Du Fresne pointed out earlier testimony identified criminal activity spreading out onto the street, which adversely impacted a residential neighborhood. Mr. Colvin requested an explanation of "abatement" and a time frame of concern? Chief Du Fresne stated as he understands the ordinance, once the Police Department is aware there are three convictions at a property and he is aware the property owner has been properly notified that there is a crime abatement problem at that site, after the next crime conviction he can begin the action of an abatement by sending out an abatement notice that grants a 14-day period of time for the property owner to make an appeal. If an appeal is requested within that 14-day period, the abatement stops until the appeal is heard, which is scheduled through the City's regular appeal system. At the end of that appeal, if the abatement is upheld by the appeals system, the deadline for that property to be vacated would take place right after the conclusion of the 14-day appeal time. Without an appeal, the abatement could take place within 14-days of notification. Mr. Colvin questioned for clarification the number of convictions required before an abatement could be initiated? Chief Du Fresne explained someone would have to be convicted five times for some crime listed in the ordinance before an abatement process could begin. Mr. Colvin stated he felt the conviction number should be three rather than five. Mr. Sievers explained the number of convictions was set after discussions with Captain Rogers regarding not setting the threshold too low, but not making it too high where it would never be implemented. The City will try the process and see how it works and make adjustments as needed. Mr. Colvin questioned the length of time a residence will be closed down under this abatement? Chief Du Fresne explained it could be as long as one year. Mr. Colvin stated he felt that might be unfair to future tenants that may want to rent a property, who did not have a criminal record. chief Du Fresne explained the responsibility is not on the potential tenant, but on the property owner, whose responsibility it is to rent to renters that do not have a criminal history. If the property owner will make a good faith effort to stop criminals living on that site, they can have use of their property. Mr. Colvin related an incident where he was a landlord and rented a house to one person, but where a convicted felon was invited to reside by the tenant. He was not aware of that situation until he was notified by the FBI. Chief Du Fresne pointed out under that circumstance if the proposed ordinance had been in effect Mr. Colvin would not have been subject to abatement due to his not having prior knowledge of the situation. Mayor Horton stated under this ordinance even if a tenant has five convictions, the property owner has due process to evict the tenant himself. The intent is to have the property owner deal with the criminal activity problem themselves and the Police Department will provide assistance if TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 17 of 32 requested. However, if that property owner refuses to deal with the problem, then the City will move forward with this abatement process and the due course of law. Mr. Overson stated there seems to be a presumption that people have rights, and they do, but there have been situations where tenants believe they are not dislodgeable. He wanted to know where within the State's Landlord/Tenant Law does it give the people who own the property the right or ability to do what the Mayor is asking...evict their tenant? Mr. Sievers stated there are two ways a landlord can deal with a troublesome tenant under this kind of ordinance: (1) the Landlord/Tenant Act does allow grounds for immediate termination of a tenancy creating public nuisance. Cities, by State law, are given the power to define "public nuisances", which is what is being done under the proposed ordinance. The Landlord/Tenant Act would not be amended by this legislation; however it was specifically amended by the Legislature to include drug activity as grounds for abatement. (2) If a tenant is causing repeated criminal problems and getting convicted, the proposed ordinance can be used by the landlord to assist in evicting the tenant by the City vacating the property. When the drug activity statute was first promulgated in the late '80's a number of landlords, particularly in larger cities, were eager to have the Cities' assistance in abating those properties. Chief Du Fresne noted when a landlord takes the tenant through the civil courts because they are a nuisance, they will have the Police Department and Police Department Reports and the strength of this ordinance behind them. President Farr thanked the Puget Rental Owners Association for their input on this issue and the fact that they recognized this would be a benefit to them and neighborhoods. He noted the only ones to not benefit from the ordinance would be bad landlords and bad tenants. Mr. Neville questioned who serves as the City's Hearing Examiner? Mr. Sievers stated the City's Municipal Court Judge. Mr. Neville asked if this ordinance could be applied to someone residing in their own property? Mr. Sievers stated yes. Mr. Winters stated he felt the identified five convictions in this ordinance were too many and should be reduced to three. #1370 M/S/C/U(0verson/Montgomery) to approve Ordinance, on first reading, declaring residences used by frequent offenders to be a public nuisance and subject to abatement. At 8:10 P.M., Councilman Montgomery left the City council Chambers. TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 18 of 32 8B - ORDINANCE (FIRST READING) REGARDINGVEGETATION CONTROL, #AB97- 026 Several neighborhoods are impacted by properties with very heavy overgrowth of vegetation. The proposed ordinance seeks to reasonably regulate the height of inappropriately overgrown vegetation. Mayor LYnn Horton stated the Fire Department has the jurisdiction to deal with overgrown vegetation if it is deemed to be a fire hazard; however, if it is very green but just overgrown it causes a blight in a neighborhood. The proposed ordinance would grant the City the ability to deal with vegetation on an annual basis and not just when it dries out and becomes a fire hazard. She believes there is a concern that seniors or people unable to take care of their property will be dealt with severely under this proposed ordinance. She emphasized effort will be made to contact service organizations to assist people, who are physically unable to deal with an identified vegetation problem. Elizabeth Buell, Bremerton resident, questioned if the property owners are required to keep their vegetation cut down what about the City's responsibility to keep the street ends cleared of overgrown vegetation? Bill Solie, Bremerton resident, asked if blackberry bushes come under this legislation? He noted lots of people like to harvest blackberries and in his particular neighborhood they act as a hedge row between properties and make a good impenetrable barrier to protect some parts of properties. There is approximately a mile long stretch of blackberries along E. 30th Street, which he believes should not be eliminated. He guestioned what constitutes a noxious or poisonous plant? In his neighborhood, people have left small patches of vegetation to grow up to various heights as wildlife habitat. Don Pratt, Director of Community Development, stated this ordinance specifically exempts publicly owned properties, which would exempt the City's property from being maintained in this manner. The reason it appears that way is a budgetary issue, i.e., most City properties are large areas of land, not in the middle of a residential neighborhood, but on the ends or fringes of neighborhoods, the same is true for similar types of school properties. In response to Mr. Solie's guestions, the subject ordinance proposes grasses and weeds to be kept at 12-inches of height. If someone is cultivating blackberries and they are maintained as a cultivated proper plant in a proper manner, it would not be found to be a weed; and assuming they would remove the dead canes and not be left in a bramble situation then it would not be enforced. There are situations in the City that cause problems TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 19 of 32 in neighborhoods where specifically blackberry bushes are overgrown on one property and intrude on other properties. He believes it depended on the determination by the enforcing person as to whether the property has cultivated blackberries or other plants or had let them grow unruly, and the unruly manner become weeds. The ordinance does exempt large pieces of property, as defined as 15,000 sq. ft. or larger, provided 50 feet of the perimeter is maintained in the controlled state. He expected that would provide habitat for wildlife. He believed if wildlife was using habitat in an area that was smaller than 15,000 sq. ft., they would be at great risk. Typical habitat for wildlife is usually bigger than 15,000 sq. ft. Mr. Pratt believed the definition of poisonous or noxious plants could be found in the dictionary. ian Sievers, City Attorney, agreed that definitions could be found in the dictionary. The question was raised could someone grow a poisonous plant...he believes they cannot. There are a series of poisonous or noxious plants listed, but that would not be interpreted as a closed list of things that cannot be grown. Dan Zimsen, Bremerton resident, pointed out lots of plants are poisonous that are grown, such as sweet peas, holly, rhubarb. He did not view a vacant lot covered with blackberries as a problem. He was more concerned with a vacant lot being cleared of all vegetation and becoming an eyesore as well as causing erosion concerns. He lives fairly cost to Eastpark and over the years there has been a considerable amount of foot traffic through backyards of Jr. High and High School students, which in some instances has been a security problem. He believes blackberry bushes act as a natural barrier keeping unwanted visitors out of other people's property. He appreciates the Mayor's concern for elderly or disabled people and her commitment to find them help, but another administration may not see that as a commitment and put a severe hardship on people, who don't deserve it. He also sees this as an opportunity for selective enforcement. He urged Council to send the ordinance back to the administration for further review. Morris Thompson, Bremerton resident, stated he felt the intent of the ordinance was good to enhance the residential beauty of neighborhoods and to ask people to do simple things that they should be doing whether homeowners or renters. He did have a concern over the requirement that property owners remove vegetation growing around poles and wires. It was his opinion that Puget Power or the telephone company would not be required to remove vegetation around wires, but it could put the property owner in a hazardous situation. Emily Moshay, Bremerton resident, stated she is concerned about vacant property that is not maintained by the owner nor will they TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 20 of 32 give permission to others to clean it up. There is an area in her neighborhood where blackberry bushes have been removed, but they are unclear as to the ownership of the area and she believes those that cleared the area could be liable. She asked if it was allowable for people to clean up an area if they did not own it? Mr. Pratt stated in response to Mr. Zimsen's question about common plants that are grown, he assumed if the plants were cultivated, such as holly, which is only mildly hazardous, there would not be any enforcement of the ordinance. In any ordinance that is adopted it must be assumed that people administering the ordinances make prudent and proper decisions on what to enforce and what not to enforce. He believes everyone could agree that poison ivy, poison hemlock, and poison oak are plants that no one wants growing in public access areas. Mr. Zimsen expressed his opinion about a vacant lot that was experiencing erosion. On the issue of selective enforcement, there are lots of presumption of inside activity at City Hall that does not occur. If a complaint is received and properly filed, the City will send out someone to investigate and in most cases the complainant is informed of the outcome of that investigation. In answer to Mr. Thompson's question about vegetation surrounding poles and wires, if the vegetation is on private property his assumption is either the easement that put the vegetation on private property would say who is responsible for maintenance or he could assume the private property owner was responsible instead of the Utility. In response to Ms. Moshay's question about cleaning up areas within their neighborhood, the city does not have the authority to allow individuals to go on private property to clean up a problem; however, this ordinance would allow the City to go on such a property and remove the overgrown vegetation, if it met the definition of a problem. Bill Camp, Bremerton Resident, stated his objection over the lack of prior notification to the public on this issue and his inability to find any of the Agenda documentation at the Libraries. He questioned whether or not property owners should be liable to maintain planting strips when it is public right-of-way. He views the proposed ordinance as a way to get rid of people that are infirm, displaced or disenfranchised based on the fact they cannot afford gas for a lawn mower to cut their lawns and vegetation. He believed Council should take a stand and vote no on this issue without a proper plan to address how people will be assisted if they cannot physically or financially clean up their own vegetation with the regularity that is dictated by the ordinance. His experience with clearing blackberries taught him that blackberries are a natural habitat for rodents; therefore he suggested that possible they should be exempted from this ordinance. Some people consider Scotch broom and heather as noxious plants. It concerned him that people owning larger pieces of property will be exempted TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 21 of 32 so long as they police the perimeter of their property; whereas the poor people of the City with smaller properties may be in violation of the law. He sees this as an opportunity for selective enforcement rather than being uniformly applied to everyone. He questioned if any other cities in the State are creating similar ordinances and what kind of research did the Administration do prior to submitting this ordinance to the City Council? He could not recall any instances where front yards caught on fire due to tall grasses. Due to his busy schedule, he prefers to let his grass die back during the summer rather than water it and then be required to keep it mowed. He sees this action as favoring the Sinclair Landing Project. He asked if landlords will be penalized under this law or will the renter be penalized or forced to be evicted? He sees this action as a way to reduce potential renters or property owners coming into the City. Mr. Pratt explained the City looked at four ordinances from other cities prior to drafting the proposed ordinance. He emphasized this Administration is willing to do what we need to do for the City and that is the basis for this legislation. Secondly, he believes Mr. Camp miscast the reason for this ordinance...the introduction given by Mayor Horton was that this is not a fire hazard, but at other times of the year overgrown vegetation does create problems. In response to the question will tenants be penalized, the City holds landlords accountable for the state of their property. Emily Moshay stated she believes the Mayor proposal on this issue is one of the most productive things happening in the City since Ms. Moshay moved into the City. She also believes overgrown weeds on property leads to crime and propagates crime. If people don't like the rules and regulations in the City, then they should move out of the City. Mr. Camp stated crime is nothing more than a bi-product of a failed social and economic policy. Mayor Horton stated in reference to earlier comments regarding what kind of research was done in developing the ordinances being presented at this time, staff did contact other communities and did use some of their ordinances in developing the City's proposal as well as receiving input from the community. All of the ordinances presented this evening are amendable and at some point in time she may ask council to amend them in order that they can become a better tool. Hundreds of complaints have been lodged with the City over various conditions and situations where the City did not have the tools to enforce the things that the people in neighborhoods are requesting. She acknowledged enforcement is currently done on a complaint basis. TAPE #1439 City Council Reg. Mtg. Minutes February 5, 1997 Page 22 of 32 Mr. Winters pointed out Mr. Pratt stated the larger properties identified in the ordinance are 15,000 sq. ft., or larger; however, the ordinance reflects 13,000 sq. ft. He questioned which figure was correct? It did not appear to him to be fair to ask the citizens to not park on planting strips, but they would be required to maintain them. He raised the question what will the City do if large numbers of people request assistance from the City to meet these requirements on their property? Mr. Pratt stated he believed the real answer to that question was an understanding that this city works mostly on the good will and good community that resides in neighborhoods and not what City Hall can do for each and every person. He is aware of a lot of work and effort that is undertaken on a neighbor-by-neighbor basis where the City is never involved. He challenged Mr. Camp's remarks in that we work better as a community regardless of our formal structure and did not believe it would become an epidemic situation. He would be greatly surprised if City forces are required to perform such services more than 2-3 times in a year. Mr. Winters stated a comment has been made about who will actually do the measuring of the grass and questioned how will we know when the grass is too high? Mr. Pratt stated the City has been able to chart what happens to the complaints filed and well over 35% of those complaints take care of themselves without any City action. Secondly, in order for this to be a constitutional law, the lawn has to be actually measured and the people must be told at what point they violated the law. Once a violation has been determined, by actually measuring the grass and notifying the property owner, they will be given one week to resolve the matter. If the grass measures 11.9 inches there would be no violation. Mayor Horton stated in response to the comment what will prevent pitting neighbor against neighbor, she already deals with neighborhood disputes and they are one of the most difficult issues to handle. Depending on the severity of the situation, the administration gets to the point where those involved are told that unless it is a life or death issue the city will not respond. She has even offered to pay for Dispute Resolution Mediation to deal with some of these issues. Mr. McConnell stated he does not support excluding publicly owned properties and cited the situation behind his home where Scotch broom was removed and blackberry bushes took over the 25-30 acres, which encroach onto his property. TAPE #1440 Mr. Colvin stated he would support this ordinance even though he did not like all the assumptions. He wanted to make sure the City's enforcement policy was fair and questioned for clarification TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 23 of 32 if the City would respond on a complaint basis? Mr. Pratt stated the City does not operate only on complaints. Where there is a serious problem and is noticeable it is likely that City staff will stop and make note of the problem and initiate enforcement. Mr. Colvin questioned if someone files a complaint against their neighbor can they remain anonymous? Mr. Sievers stated the. complainant's name may be obtained through public disclosure of the incident report unless that person claims anonymity, then the Disclosure Act requires that the City preserve that anonymity. If that person was required to testify for prosecution in Court, the City can't promise anonymity or prosecute depending on what they agreed to. Mr. Colvin stated he also felt the City should be setting the example rather than being exempt. He will support this proposal based on the fact it can be amended, if needed. Mr. Law referenced Section 4.018 - Exemptions 1) Undeveloped publicly owned properties including natural open space and watershed lands. He was concerned that "publicly owned properties" means not only City but also School District properties. He related conditions existing behind the Middle School towards Trenton Avenue where the School District promised to keep the properties clean, which has not been the case. Mr. Pratt has worked with the School to correct the problem, but it is an on going hassle. Therefore, he suggested the motion include deleting the words "properties including natural open space and"; thereby making that section read: 1) Undeveloped publicly owned watershed lands. This would also mean that public properties larger than 13,000 sq. ft., would be required to maintain the 50-foot perimeter. Mr. McConnell suggested striking item 4 under Section 4. He questioned if there were any privately owned properties 13,000 sq. ft. or larger in the City? Mr. Pratt stated yes there are residentially zoned land in the City greater than 13,000 sq. ft., and there are other lands zoned otherwise that are significantly greater than 13,000 sq. ft.. Mr. Overson supported Mr. Law's recommendation; however, he felt there would be a real impact on the City if Council approves that amendment. He believes item 4 under Section 4 needs to remain in the ordinance. #0223 M/S/C(McConnell/Huff-Menees) to approve Ordinance, on first reading, declaring certain vegetation a public nuisance as a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and amending B.M.C. 11.16; with the modification under Section 4.018 to remove the words "properties including natural open space and"; and to renumber Section 3 - Effective Date to Section 5. Vote on motion: In Favor: Huff-Menees, Colvin, Neville, Overson, TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 24 of 32 Law McConnell, Farr Opposed: Farr Motion carried. 8C - ORDINANCE (FIRST READING) REGARDINGAMENDING ZONING ORDINANCE TO RESTRICT NUMBER OF MOTOR VEHICLES, BOATS AND TRAILERS PARRED ON RESIDENTIAL LOTS, #AB97-027 This proposal is part of the Neighborhood Enforcement Action Team slate of ordinances. It proposes to limit the number of motor vehicles, boats, and trailers parked on residential lots to five (5). Motor vehicles, boats, and trailers parked in garages or carports or parked on the street (motor vehicles only) are excluded. The Planning Commission considered this proposal and was unable to make a recommendation. All motions ended in tie votes (only six members of the seven Commissioners participated). Mayor Horton stated she has received many calls from residents complaining about the number of vehicles that are basically camped out on properties in neighborhoods. There is a situation in District #6 where the number of vehicles in a particular driveway can vary on a daily basis from 8-12. Present City Ordinances and State law gives the City authority to remove vehicles if they are deemed to be junk vehicles; however, there are very stringent requirements on junk vehicles and it is difficult to conform all vehicles that are creating a nuisance to be "junk vehicles". Again, this is an attempt to hear the complaints of the residents and provide the tools needed to address the problem. Bill Camp, Bremerton resident, stated this particular ordinance is still attached as an amendment to the Zoning Ordinance, which would not address pre-existing conditions. Therefore, all the good that you want to do with this law is fantasy because it does not apply to conditions that exist at this moment. This issue was argued successfully before the Planning Commission, which resulted in their being unable to make a recommendation to Council. He believes the proposed ordinance will create more crime than is resolved, if that is the issue. He believes current abatement laws addressing junk vehicles are adequate. A suggestion was made to the Planning Commission to exempt junk vehicles under this proposed ordinance. He believes the way to resolve having five or more vehicles on a property, as explained in the ordinance, is to park them on the street. He sees that solution adding to the possibility of more crime due to vandalizing of parked vehicles. He described the kinds of larger homes found in the northern part of District #1, with some of them including caboose rooms for in- laws and could generate the need for multiple vehicles at one residence. He questioned what will happen if the City removes all parking from planting strips and streets are too narrow to allow on-street parking? He finds the ordinance to be vague in defining TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 25 of 32 a "motor vehicle". He questioned the enforcement procedure and who will be responsible for counting the vehicles or decide which vehicles should be parked on the street? He believes the proposed law would lead to backbiting in neighborhoods. Mrs. Huff-Memees called for a point of order requesting Mr. Camp summarize his comments. Mr. Camp asked Mrs. Huff-Menees to quote the law or regulation that there is a time limit on the public speaking portion of a public hearing on a proposed ordinance. Mrs. Huff-Menees pointed out that request was made at the beginning of the Council meeting. Bill Solie, Bremerton resident, stated residents of the State of Washington pay some of the highest licensing fees in the country. He manages an auto repair shop in Bremerton and he and others have collector and classic automobiles that they have spent many years and lots of money to restore. Many people have older homes, which may have been designed to house Model-A size vehicles, which are not adequate to store the newer models. Many people use their garages for other uses, i.e. hobbies, family rooms etc.. He questioned what would a carport do for hiding the appearance of a vehicle? Some of his customers have five children and own eight vehicles, which are 10-years old or newer. As a citizens of Bremerton, he pays more for his cable service and receives less, pays huge sewer fees, pays more for garbage service than other areas of Kitsap County and this proposal is adding one more thing. He understands the desire to get rid of unsightly vehicles, but if they are legally registered in the State and the taxes have been paid and are road worthy, then he believes it is their right to keep any number of them on their property. Now, the City may want to consider having a policy of being able to prove these vehicles are in fact road worthy. He hoped Council would take into consideration that he doubted anyone thinking up this ordinance was in fact in violation of it and thereby what is good for them is good for everyone else. He also asked Council to take into consideration there are many families in large homes that cannot afford to built more garages and put more vehicles inside of cover. Dan Zimsen, Bremerton Resident, stated on principle he objected to a claimant of laws that are susceptible to selective enforcement. He believes this ordinance penalizes a portion of Council's constituency that is veryunder represented at this meeting...large families, multi-generational family, multi-family dwellings, military personnel. Things such as boats, trailers, automobiles, backhoes, etc., for a large growing family are healthy because it keeps kids interested in something else. Not everyone has the same sets of values or sets of problems to solve. Retired people don't have a problem dreaming up activities to keep their kids involved and maybe they don't need all kinds of vehicles. On issues like TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 26 of 32 this where there is a big affect on a large segment of the population he hoped the City council or Mayor would make an effort to get it out to the public in a manner that will get the attention of the general public. Morris Thompson, Bremerton resident, stated he does not support junk vehicles; however, he has a neighbor that has 8-9 vehicles and on a good day they will violate this proposed law. He sees the overflow of vehicles coming out onto the streets, which can create a problem for traffic on narrow streets. Mr. Overson stated he agreed with the previous speakers. He believes staff wants to do what ever it takes to get rid of junk vehicles, but they don't want the trouble this ordinance will bring them and they don't want to reek the havoc and unhappiness on the citizens of Bremerton that this ordinance would provide. Mr. McConnell stated he disagreed with the proposed ordinance, but not for the reasons given by the prior speakers. He believed if the ordinance was approved, people would house vehicles in their garages, carports and then move other vehicles out onto the street. He did not want his street to become a parking lot. Mr. Neville stated he could not support the proposal as presented. He acknowledged the City has many small lots, but there are also large lots, which generally have larger houses and greater family members. His neighborhood is impacted by Olympic College students and his street is full most of the time; however, he has the ability to park in his own back yard where he also keeps his recreation vehicles. He found it difficult to come up with one number to apply City-wide. He believes this issue needs more public involvement to get their ideas and recommendations. He found the concept to be good, one that the City could look to in the future, but he could not support the 5-vehicle limit without true input from all of the involved public. Mr. Winters stated he agreed with Councilman Neville and he did see the good faith effort put forth by staff, but some things do not apply. One of his neighbors, who owns a business in Bremerton, has three family vehicles and three business vehicles that are kept at their residence. Those three business vehicles make money for the City, create B&O Tax, and the owners work hard and are doing a good job in the City. He believes every block has certain needs, just like the parking issue. President Farr stated he agreed with some of the comments made by the prior speakers. In regards to car collectors, he doubted the restriction would affect them due to the fact most likely collector vehicles would be garaged or stored in rented storage due to the TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 27 of 32 amount of financial investment they involve. As far as the comment that this issue has not been heard by the public, it has been before the Planning Commissions and people did give input for the Commission's consideration. He understands the principle behind this proposed ordinance and a property owner in his District is probably part of the reason this ordinance was initiated. When people move into the City one of the things they expect as a benefit from the City is to protect their property values by keeping blight away. He believes the number of vehicles was well thought out. Mr. Colvin stated he supports remanding this issue back based on the following reasons: (1) no provisions for temporaryparking; (2) size of a lot not considered; (3) forces people to park on the street, which are already too narrow. Mrs. Huff-Menees stated this is not a junk vehicle issue to her, this is an issue of consideration, property values and the entire effort the City is after, which is to clean up the appearance of our City and neighborhoods. Council has heard testimony from residents complaining about motor homes, boats, etc., being parked on their streets. She believes this ordinance is part of a whole package of issues that we have to be willing to deal with. She also believes Council needs to be willing to take on this issue at some time and enforce it. She felt 5-vehicles was a reasonable number, but for others it does not. Mr. McOonnell asked if the number of allowed vehicles on a City lot been less than five? Mr. Pratt stated there has been no previous ordinance adopted regulating this issue. Mayor Horton stated she will not bring this issue back, at least in the short term, without clear direction from the council. If Council believes this ordinance has merit, she would like them to select a number that would be acceptable. Her direction from this point will be to forward complaints to the Council from individuals about the number of vehicles on a property in their neighborhood. Mr. Neville stated since the issue of parking on planting strips will be going city-wide, he suggested dovetailing this issue into that discussion and ask the residents how many vehicles they feel should be allowed on their property. Mayor Morton stated that could be attempted, but she was not sure it would be successful. Mr. Overson stated we Americans still have some rights and maybe one of those is owning more than a few vehicles and parking at their residence. TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 28 of 32 Mr. Colvin asked if pre-existing conditions were taken into consideration in this ordinance? Mr. Sievers stated the public would have vested rights, if the ordinance was approved. #1125 M/S/C(Overson/Law) that this ordinance not be approved and the subject be remanded back to staff to come up with a solution that addresses the problem of vehicles. Vote on motion: In Favor: Winters, Neville, Overson, Law, colvin Opposed: McConnell, Huff-Menees, Farr Motion carried. 8D - ORDINANCE (FIR8TREADING) AMENDMENT OF HOU8ING CODE, #AB97-028 The current Housing Code has several characteristics which cause its use to be inefficient and ineffective in some cases: 1) The code is not cross-referenced to the model Building Code. 2) The code does not invoke an enforcement process. Council is requested to replace the current Housing Code with the current International Conference of Building Officials Model Housing Code, which is coordinated and cross-referenced with the ICBO Building and Dangerous Building Codes. Additionally, the Administration proposes to assign determination of inadequate garbage and rubbish facilities to the Building Official rather than the Health Official as proposed in the model code. Mayor Horton stated amending the Housing code has to do with the fact several years ago the Bremerton Housing code was passed and was a compromise that was worked out with Puget Rental Operators Association and what resulted was a Housing Code with no enforcement capabilities. The issue has again been worked through the Puget Sound Rental Operators and wording has been included so that some of the issues can be addressed to give latitude with the Code Enforcement Board, such as setbacks, ceiling heights, and things that do not create an unfit living condition. The intent of this amendment is to create habitable living conditions and a way to provide quality housing units in the community with the capability of enforcement. Public comment - None Mr. Winters asked if this item was discussed before the Planning Commission? Don Pratt, Director of community Development, stated no, the Planning Commission is required to make recommendations on zoning Code, but not the Housing or Building Code. #1800 M/S/C/U(McConnell/Huff-Menees) to approve Ordinance, on first reading, adopting the Uniform Housing Code, repealing the Bremerton Housing Code and amending Chapter 17.04 of the Bremerton Municipal Code. TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 29 of 32 8E - ORDINANCE (FIRST READING) RECOVERY OF DIRECT COSTS OF ABATEMENT ACTIONS, #AB97-029 This ordinance is part of the Neighborhood Enforcement Action Team agenda. The ordinance allows the City to recover more of the cost to remedy code violations than is currently allowed. The City currently recovers only direct construction or demolition costs. This proposal allow the City to recover indirect costs such as Title Reports, legal counsel, and staff time to undertake abatements. If the ordinance is approved, a Resolution establishing fees will be brought to Council. Mayor Lynn Horton stated this issue has been heard on multiple occasions when the Administration brought abatement issues before Council. At those times, Council has indicated there should be a greater expansion of the abatement cost to cover a greater portion of the expense. The proposed ordinance is an attempt to cover a greater percentage of the costs incurred. There are some enforcements that do not get to the final abatement phase because the owner grudgingly complies only to find out 3-6 months later the City has to go back and readdress the same condition. This is an attempt to get a greater handle on the abatement costs and the philosophy is if people are causing the problem in an inordinate amount then the rest of the taxpayers should not bear that burden. Dan Zimsen, Bremerton resident, stated he believes that recovering indirect expenses should be done with great caution because it could do an injustice to someone that does not deserve it. The cost of bureaucratic inefficiencies are inherent in all government agencies. Bob Tulp, Public Works Operations Manager, stated currently the City does not make money on abatements. He disagreed that the citizens or the rest of the community should have to pay. If people have the proper time to clean up the abatements and they have chosen not to, then they need to be responsible for all of those costs. Emily Moshay echoed Mr. Tulp's comments and from her past experience in helping to clean up properties, as a volunteer, she feels the City should recover all costs incurred. Mr. Winters questioned how many abatements were carried out in 1996? Mr. Pratt stated 78 completed actions. Mr. Winters questioned if the abatement process required the City to obtain Title Reports or have someone go to the Court House and look up the records? Mr. Pratt stated when the City enters a property and taken steps to correct the problem the City is legally required to review the Title Report so that all property owners and lien holders are legally advised that the City is about to taken an TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 30 of 32 action on their property. Mr. Winters stated he assumed Mr. Pratt had an actual number of the exact cost of staff hours and time so that Council can relate this to the public as to the exact dollars for legal services and staff time for 78 abatements. He questioned the dollar amount the City can recover - 50,000, 100,000 or 2,000? Mr. Pratt stated he will be proposing to Council a flat fee rather than having to account line item costs. If this ordinance is adopted, a Resolution establishing a fee of $200.00 for abatements that are initiated for which the City does not have to take action, and a flat rate of $400.00 will be proposed for those abatements where the City does take action and will be added to the action costs. He believes it would be recovering about 1/3 of the total internal costs for the City. Mr. Winters questioned the actual dollar amount for 19967 Mr. Pratt stated he believed it would be between $1,000 - 1,200.00 per action. Mr. Law stated this action is long overdue and he believes it is being fair to the taxpayers and urged Council's swift approval. Mrs. Huff-Menees agreed with Mr. Law and pointed out an important issue is abatements only take place after there has been considerable effort on the City's part, administratively, to deal with the problems and try to get the property owner to resolve them. And, if they go beyond that point, then the owners need to be held accountable for those costs. Mr. Overson pointed out some of this effort is the staff doing their job and should be considered what the taxpayers money hires the 300+ employees to do. #2245 M/S/C/U(Colvin/Overson) to approve Ordinance, on first reading, amending Section 901 of Abatement of Dangerous Buildings (1994) Code to allow recovery of indirect abatement costs. 8F - ORDINANCE (FIRST READING) DECLARING GRAFFITI A NUISANCE AND ESTABLI8HING ABATEMENT PROCEDURE8, #AB97-030 This ordinance declares any writing or graphic, which defaces structures and other surfaces, to be a public nuisance, which is a blight on surrounding properties. This ordinance allows abatement by the City if the owner fails to act after notice is given. Mayor Lynn Horton stated this issue is brought to Council because in a limited number of cases property owners refused to remove graffiti or refuse the City access on the property to remove it. She believes those individuals may have good intentions as to not wanting mismatched paint on their property to blank out the graffiti, but good intentions don't always bring results. With TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 31 of 32 graffiti, whether it is gang driven or just vandalism, it is still a message to gangs identifying their turf or a way of communicating between gangs. If those conditions are allowed to remain, it spawns more and encourages gang activities. Public comment - none. Mr. Colvin asked what authority does the City have to go on private property without the owner's permission? Ian Sievers, City Attorney, stated after the due process procedure of notification and a chance to go before the Hearing Examiner, the City can go on private property and correct the situation. Mr. Colvin questioned if a court order was required? Mr. Sievers stated no, it is a self-enforcement summary process. Mr. Neville asked if there is a cost for the Appeal process? Mr. Sievers stated the standard filing fee for a hearing is $50.00. Mr. Neville asked if someone did not want the graffiti covered with paint could they request some other form of removal? Bob Tulp, Public works Operations Manager, stated other options are available, such as sandblasting, solvents, etc.. Mr. Neville stated if the owner did not want to do the work himself, is it possible for him to ask the City to do the work? Mr. Tulp stated yes. Mr. Law stressed the point that quite often the graffiti is gang symbols and are used to mark their territory and it is imperative that those symbols be removed as quickly as possible before it becomes an established item. Mr. Tulp stated this ordinance will take care of the exception and the City has a no-tolerance policy for any type of graffiti. #2415 M/S/C/U(McConnell/Winters) To approve Ordinance, on first reading, declaring the presence of graffiti a public nuisance and requiring its abatement. 9A - PUBLIC HEARING - RESOLUTION #2584, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 108 N. CAMBRIAN AVENUE, #AB97-032 During the months of November and December 1996, the City contracted with Martin Builders, Inc., to demolish the house and remove the debris from the property located at 108 N. Cambrian Avenue, after the owners, William and Elizabeth Smokoff, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $16,630.36. Council must now decide if the fees are just and reasonable and how they should be collected. President Farr asked the "Appearance of Fairness and Conflict Of TAPE #1440 City Council Reg. Mtg. Minutes February 5, 1997 Page 32 of 32 Interest" question with all Council members present being seated. Judy Johnson, Building Department, stated this project started around the first part of May, 1996, with the abatement starting in November and concluding after the Christmas holidays. This project took a number of months of working with the homeowner; however, the City ultimately had to carry out the abatement. Public comment - none. Mrs. Huff/Menees asked if the property was inhabited? Ms. Johnson stated yes. Mr. Winters questioned if the City staff fee reimbursement applied to this abatement charge? Don Pratt, Department Of Community Development, explained the City does not have a law in affect today that allows recovery of any staff time in this project. The prior action taken by Council will be in affect in 30-days and will allow the City to collect such a charge. Mr. Winters stated once the Ordinance is in affect will a time card be started for each abatement that will show the costs incurred by the City? Mr. Pratt stated no, what will be proposed to Council is a flat fee to cover Administrative costs. #2915 M/S/C/U(McConnell/Colvin) To approve Resolution #2584, and order that the fees incurred for the abatement of the house and debris located at 108 N. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. President Farr thanked the TV camera crew for their services: Rob Rupe, James Noble Jr., Jamie Campbell With no further business meeting adjourned at 10:15 P.M.. KATHLREN L. McCLUSKEY, City Clerk DAVID D. FARR, Council President City of Bremerton KLM/DDF/me cc: Normal Distribution File/Vault