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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. TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 2 of 7 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 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 3 of 7 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 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 4 of 7 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 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 5 of 7 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 TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 6 of 7 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. TAPE #1441 City Council Reg. Mtg. Minutes February 12, 1997 Page 7 of 7 #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 KLM/DDF/me cc: Normal Distribution File/Vault