HomeMy WebLinkAbout02/12/97
TAPE #1441
CITY COUNCIL MEETING MINUTES
FEBRUARY 12, 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 12, 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 Jay Akkerman of
Central Kitsap Church of the Nazarene.
President Farr made the following announcement:
(1) Council concluded an Executive Session to discuss "Labor
Negotiations" prior to the Council meeting.
(2) Council will hold a Study Session to discuss "establishing an
Ad Noc Council Advisory Committee on Telecommunications"
immediately following the Council meeting.
CONSENT AGENDA
NONE
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.
#0032 M/S/C/U(Colvin/Montgomery) on February 12, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 205774 through 206011 in the amount of $263,745.01.
COUNCIL MEMBER REPORTS
Mr. Winters encouraged members of the public interested in the
issue of telecommunications to attend the Study Session following
the Council meeting. He reminded those not registered to vote to
sign up and get ready to vote.
Mr. Montgomery stated he has been a critic of The Sun newspaper for
a long time and was pleasantly surprised over a February 13
Editorial by Mike Phillips where he praised the City. He
referenced a February5 newspaper article on "parking strips" where
he was quoted as having no regard for the neighborhood.
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Considering he spend a half a day on Sunday walking his
neighborhood and investigating complaints, he feels the person
making that comment was in error. Last week he had to leave the
Council meeting early, but a comment was made regarding a statement
that he was suppose to have made..."the City doesn't owe the
citizens anything", which is completely false. Mr. Montgomery
actually said "the City does not owe the citizens a right to a
parking spot on the street." He asked if anyone wishes to quote
him to please quote him correctly. He was asked to pass on to his
fellow Council members to not rustle papers during the Council
meeting because it makes it hard for the viewing audience to hear
what is being said.
Mr. Law announced the next District #3 Neighborhood Meeting is
scheduled for February 18, 7:00 P.M., at the Senior Center. The
program will include "lets discuss parking" and any other subject
attendees wish to discuss.
Mr. Colvin thanked citizens for sharing their concerns and
criticisms and he appreciates Councilman Montgomery's remarks. The
next District #1 Neighborhood Meeting will be held February 20,
7:00 P.M., at the Sheridan Park Recreation Center. The program will
include "parking" and "Scotch broom replacement".
MAYOR'S REPORT
Mayor Lynn Hotton announced the City received a Pedestrian Safety
Citation, a Community Safety Program sponsored by AAA, for a one
year achievement for being a fatality free community. She
congratulated Scott Alexander, who received two top honors from the
Western Washington chapter Of Professional Golfers Association of
America: (1) the chapter's Public Course Merchandisers Of The year;
(2) Golf Professional Of The year. Mr. Alexander and the other
recipients of awards are nominated for the Pacific Northwest
Section award, which will be announced at a banquet in Portland,
Oregon in September. She reported on the outcome of the V.I.P/
Seniors' Badminton Tournament ...Seniors - 7, V.I.Ps - 2.
PUBLIC RECOGNITION
Bill Camp, Bremerton resident, expressed his concern that members
of the audience have a tendency to talk during Council meetings,
which is distracting and discourteous to those speaking before the
City Council. He expressed the opinion that three Council members
spoke on issues during their Council Member report that were listed
on the Agenda. He noted Mr. Montgomery referenced a newspaper
article that was direct reference to all five items on the Agenda;
Mr. Colvin spoke to "Scotch broom", which is a noxious plant, which
is listed on the proposed Ordinance addressing vegetation; and Mr.
Law spoke to "tall grass", which is also listed in the Ordinance
addressing vegetation. He asked the Council President to pay
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attention to points of order and call them when they are required.
Ralph Peterson, Commander Bremerton Power Squadron, talked about
the importance of safe boating and the opportunity for safe boating
classes in Bremerton starting on February 19, 7:00 P.M., at the
American Legion Post #68, 2809 Sprice Street.
Charlens Burnett, Bremerton Parks Department, thanked Councilman
Winters for his help with the 2nd Annual Daddy/Daughter Dance.
This was a very success event with over 150 dancing daddies and
daughters attending. As a representative of the West Sound Cable
Access Television Board of Directors, she handed out minutes of
their February 10th meeting plus some information on cable access.
She will be coming before Council at least once each month to
provide updates on the cable access program.
Ross Allanson, Diamond Parking, expressed his disappointment with
the failed Parking Ordinance at the previous Council meeting. At
some point in time, he hoped council will take a hard vote and pass
an ordinance that will address the problems associated with parking
multiple vehicles on residential property.
7A - ORDINANCE NO. 4583 (SECOND READING) DECLARING A NUISANCE FOR
FREOUENTCRIMINAL ACTIVITY AT A RESIDENCE ANDABATING THENUISANCE,
#AB97-025
Bill Camp, Bremerton resident, stated he believed establishing this
ordinance would create more victims then it is trying to save. He
does not believe the city is riddled with crack houses and over the
years he could count the number of such houses being "busted"
could be counted on both hands. He believes the proposed ordinance
unfairly targets renters and not the owners of the property or
resident owners. He understood potential renters would have to
pass a criminal check to rent and questioned will Council require
prospective owners to do the same prior to their purchasing a
property? Will council be amenable to requiring landlords provide
personal information to renters as they require renters to provide
personal information to landlords, particularly Social Security
numbers and any criminal background information? After calling the
Washington State Department of Revenue and the City, he learned
there is no business license required nor is their a registration
of landlords in the City. He suggested establishing a
registration/permitting process, which would be a good alternative
to weeding out troublesome landlords, since their permit to do
business in the City could be canceled should they persist in
allowing troublesome tenants to live in their residences unabated
by the landlord. He referenced Chief Du Fresne's comment the
criminal check that the landlords must conduct prior to leasing or
renting properties was only a local check (Bremerton specific);
therefore this ordinance would not prevent criminals from moving
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into the City from some other areas. He asked if this ordinance
would displace innocent families? In his experience, the criminals
and convicts that burglarize and/or sell and manufacture drugs on
corners are usually unemployed individuals, who are living with
someone that may have childlren and are residing there as a refuge.
Under the proposed ordinance, enforcement could bring about
eviction of the entire family, not just the offending person. Me
urged Council to not pass this ordinance.
Jerry VanFossen, Puget Rental Owners Association representative,
pointed out generally landlords are not the ones doing the criminal
activity, but rather the person living in the rental property.
With regard to the tax, if you take into consideration the average
person is probably somewhere between 25-27% on the tax bracket, you
only get 25% of that money back and that gives you no income to
take back. On the issue of having landlords give potential renters
personal information, it is not an issue because the tenant is
moving into the landlords property, not vice versa, so the landlord
is responsible for the taxes and all things having to do with a
property.
Mr. Neville stated at the previous Council meeting he specifically
asked the question that this ordinance does not just address
renters and will include property owners, and if they are convicted
three times under this ordinance, they hold the same penalty. He
believes it is a fair law and a good place to start.
#0920 M/S/C/U(Montgomery/Huff-Menees) to pass Ordinance No. 4583, on
second reading, declaring residences used by frequent offenders to
be a public nuisance and subject to abatement.
7B - ORDINANCE NO. 4584 (SECOND READING) REGARDING VEGETATION
CONTROL, #AB97-026
Elizabeth Buell, Bremerton resident, asked if this ordinance would
include grass that kids and dogs may have rolled flat? Ian
Sievers, City Attorney, explained the grass would be measured from
the roots to the top of the grass even though it is laying over.
The purpose of the ordinance is tied into fire hazard and that
grass when it is grown long can become a fire hazard; therefore, he
believes it can be considered abatable.
Bill Camp, Bremerton resident, stated he saw no change in the
ordinance since first reading that identified some kind of a plan
for assistance for people that are disabled, handicapped, infirm,
unemployed, etc., who are unable to come up with the physical
ability or financial capability to abide by this ordinance. He
felt it was important to include such a plan because it could
easily be forgotten, if not handled at this time. Secondly, he is
concerned that the Central District of Bremerton was not
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represented at this meeting since there are many planting strips in
that area covered with foliage. He views this as a very convenient
way for the City to get out of personal injury liability by pawning
that responsiblity off onto the adjacent landowner, since the
planting strips are included in this ordinance.
Mr. McConnell asked if the property owner has not always been
responsible for the maintenance of the area between their property
line and the unused portion of the street? Mr. Sievers explained
they cannot create hazards and defects in those area. The City
does not have a standard for maintenance, but it has been for the
property owners's use and maintenance since the City has not
entered into the use of that part of the right-of-way.
Mr. Winters stated he voted against this issue at the first reading
of the ordinance because he finds it hard to understand the
fairness issue regarding how the City will not allow parking on
planting strips, but will require property owners to maintain them.
He will again vote no on this issue based on the fact a fairer
resolution needs to be found.
Mr. Colvin asked the City Attorney if the City would require
property owners to maintain property owned by the City? Mr.
Sievers explained the City only has an easement for right-of-way
purposes, the owner does own the underlying feet to the middle of
the road. What is being said is the property owner has control
over the planting strip unless the City has taken on a use for that
planting strip, such as street trees, then the City is responsible
for maintenance. Otherwise, that property is free for the property
owners' use, i.e., landscaping, etc., in order to prevent the
creation of hazards, one of which the City believes is parking if
not improved correctly and another is to grow hazardous plants that
may overhand the street or sidewalk or to grow long grass that may
become a fire hazard. Mr. Colvin stated he found it hard to
understand putting the responsiblity on the citizen to clean up
City property. Mr. Sievers explained the planting strip is left
free for the property owner's use just like their own property
since they own the underlying title. So, the City holds the
property owner accountable for creating these kinds of vegetation
hazards on that area as well as their own property. Mr. Montgomery
pointed out this is a standard law throughout the country. Mr.
Colvin stated his question has to do with when the City plants the
trees on the planting strip is the City responsible for
maintenance?
Mr. Winters questioned for clarification the City Attorney's
comment that the height of the potential infraction and measurement
of the grass or weed begins at the root? Mr. Sievers stated the
measurement would be taken from the ground level to the top of the
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vegetation.
Mrs Huff-Menees stated with respect to Mr. Colvin's comments, there
are planting/parking strips throughout her District and for the
most part the residents take care of the planting strip as an
extension of their property. She has been pleased with her entire
neighborhood taking on that responsiblity without any question and
doubted this was the issue that some were trying to make during
this discussion.
President Farr stated he firmly supports the proposed ordinance and
the issue is City beautification and taking pride in ones'
neighborhood and being able to expect to maintain the value of your
property and not have that value destroyed by folks who let
everything go wild and bring a tacky flavor to the neighborhood.
Other cities have similar ordinances and it is unfortunate that
some of the extreme cases, such as in this City, bring about the
need for an ordinance where normal maintenance of property would
resolve the issue.
Mr. Colvin stated he did not want to get the City in a position
where it could become involved in a useless lawsuit over the issue
of responsiblity of maintenance, if the City's law is found to be
unconstitutional. Based on the City Attorney's comments, he will
vote in favor of this proposal.
#1311 M/S/C(Huff-Menees/Montgomery) to pass Ordinance No. 4584, on second
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.
Vote on motion: In Favor: Montgomery, Huff-Menees, Neville,
Farr, Overson, McConnell, Colvin,
Law
Opposed: Winters
Motion carried.
7C - ORDINANCE NO. 4585 (SECOND READING) AMENDMENT OF HOUSING CODE,
#AB97-028
Public comment - none.
#1399 M/S/C/U(Montgomery/Winters) to pass Ordinance No. 4586, on second
reading, adopting the Uniform Housing Code, repealing the Bremerton
Housing Code and amending Chapter 17.04 of the Bremerton Municipal
Code.
7D - ORDINANCE NO. 4586 (SECOND READING) RECOVERY OF INDIRECT CO8T8
OF ABATEMENT ACTION8, #AB97-029
Public comment - none.
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#1430 M/S/C/U(Colvin/Montgomery) to pass Ordinance No. 4586, on second
reading, amending Section 901 of Abatement of Dangerous Buildings
(1994) Code to allow recovery of indirect abatement costs.
7E - ORDINANCE NO. 4587 (SECOND READING) DECLARING GRAFFITI A
NUISANCE AND ESTABLISHING ABATEMENT PROCEDURES, ~AB97-030
Ian Sievers, City Attorney, requested a correction under Secton
1.030Appeal - on first reading it was listed as 14 days and due to
his oversight on an amendment to the Hearing Examiner procedures,
it should have been 7 days and he wished to further amend the
wording to include the word "working" after the number "7".
Public comment - none.
#1475 M/S/C/U(Montgomery/Huff-Menees) To pass Ordinance No. 4587, on
second reading, declaring the presence of graffiti a public
nuisance and requiring its abatement; as amended by the City
Attorney.
President Fare thanked the TV camera crew for their services: Rob
Rupe, James Noble Jr., and Jamie Campbell.
With no further business meeting adjourned at 6:21 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
DAVID D. FARR, Council President
City of Bremerton
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