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HomeMy WebLinkAbout03/19/97 TAPE #1449 CITY COUNCIL MEETING MINUTE8 MARCH 19, 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, March 19, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Councilman Sherril Huff-Menees was absent. Also present was Acting City Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Scott Huff of St. Luke's United Methodist Church. President Farr made the following announcements: (1) A City Council Study Session will be held immediately following the Council meeting to discuss "Planning Commission issues". (2) A City Council Study Session will be held March 24, 1997, starting at 5:30 P.M., in the City Council Chambers, and the topic of discussion is: "Further Discussion On Sinclair Landing Association Update Report". CONSENT AGENDA A. Minutes of Meeting -- March 5, 1997 #AB97-058 #0042 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing that had been made available to the Council. #0060 M/S/C/U(Colvin/Montgomery) on March 19, 1997, the Council does approve for payment those vouchers included and further described as follows: 206895 through 207128 in the amount of $300,651.51. COUNCIL MEMBER REPORTS Mr. Colvin stated he appreciated Del Knauss's questions, which were raised at the previous Council meeting and encouraged all citizens to ask questions. TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 2 of 8 Mr. McConnell announced the next District #2 Neighborhood Meeting will be held April 3, 1997, 6:30 P.M., at Fire Station #3, on E. 31st Street and Olympus Drive. Mr. Law reported Police Chief Paul DuFresne made a very good presentation at the District #3 Neighborhood meeting on Tuesday evening. Based on that presentation, Mr. Law felt comfortable with the evaluation requirements for the performance of Police Officers. Mr. Overson stated he supports the Police Department's efforts to reduce some problems having to do with illegal activities in the City. Mr. Montgomery reported today he attended a Water Protection Teleconference where the importance of protecting water resources was discussed. He did not agree with THE SUN's interpretation of the Police Department's performance standards. For those getting tickets, he cautioned learn to live within the law. Mr. Winters announced the AD Hoc Citizens Committee on Telecommunications' first meeting will be March 31, 1997, 6:30 P.M., in the Council Conference Room. He announced Mayor Horton will comment, during her report, on THE SUN's reporting the City had agreed to a year extension of the TCI franchise prior to any Council action. He asked that Del Knauss be provided data identifying what the City paid Ben Pollock for his services. Mr. Farr reported a residence in his neighborhood experienced damage from a mud slide and the owner, Mrs. Ruth Smith, is taking refuge with a neighbor, Mr. & Mrs. Bill Garland. On the bright side, it shows what the Bremerton community is like with neighbors helping neighbors. The Anderson Cove area will hold a meeting on "traffic calming devices" at the Bremerton High School, Room 206, a date and time to be announced. MAYOR,S REPORT stated a request to extend the TCI Franchise agreement for one year will be brought to Council in the very near future. In order to allow the system to continue forward and allow the City to collect taxation from the system, the extension is needed. She will be setting up some public hearings to talk about cable T.V. service delivery and there is a delineated process to follow since the City is at impasse with TCI. The newspaper article indicated the extension was a "done deal", which is not the case. Mayor Horton supports the Police Department and the Police Chief's efforts in trying to measure standards for Police performance. THE SUN has chosen to use "quota system", which are performance TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 3 of 8 standards, and stated they are new to the community. Performance standards are not new, have been in place for a very long time, and is a way to measure the officers performance in the line of duty. She is hearing positive comments from residents from practically every neighborhood that they are seeing and experiencing more safe conditions within their neighborhoods. She is also receiving positive feedback from residents along Park Avenue over the installation of the traffic circle. Other areas are being considered for installation of traffic calming devises, such as lower, more gentle speed bumps and/or bulbing out curbs at intersections. People are telling her they want more enforcement in neighborhoods rather than less. Mayor Horton agreed that Ben Pollock's contract costs should have been included in the information given to Del Knauss and she would see that he received that information. Four properties within the City have been posted as "Unsafe TO Occupy" (Lafayette, Phinney Bay, Wheaton Way and Anderson Street),due to mud slides. City crews are watching sites on Campbell Way and Daniels Street for potential slides. Since the storm event in December 1996, the City engaged a geologist to evaluate some of the steep slopes in order to get a better understanding of potential hazards. An area along North Lake Way experienced erosion, which is the county's responsiblity; however, the City has a water line to protecting in that area. A canyon area along old Wheaton Way also is experiencing mud slides. Casad Dam is experiencing a record high water capacity, but not in any danger. PUBLIC RECOGNITION Carol Atkinson, Bremerton Main Street Association and Marilyn Mantzke, West Sound Arts Council, talked about the Arts Walk and Arts Party that will be held on April 26, starting at 11:00AM and concluding with a Bremerton Symphony Pops Concert at 8:00 P.M., at the Admiral Theater. Garland Freymann, Bremerton resident, expressed his concern that Harlow Drive is used as a raceway by vehicles, making it unsafe for children walking along the shoulder of the roadway to and from school. His family experienced the loss of a family pet to a hit and run driver in front of their home on Harlow Drive. Del Knauss, Bremerton resident, stated he was opposed to the City setting up speed traps for motorist along main arterials instead of their paroling neighborhoods. The response he received from the Police Chief on traffic tickets issued was different than what was reported in THE SUN's article. He acknowledged Mayor Horton responded to his previous questions. He asked the City to provide him with the data as to how much money, over the last four years, TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 4 of 8 had the Water Department loaned the Wastewater Department and how much has been paid back so far? Charlie Brown, Bremerton resident, stated he was still waiting for a response to a prior question that related to a court case, which the city lost, involving the Noise Ordinance. He was one of the motorist that contributed to the Police Department's quota. Roy McInnis, Bremerton resident, complimented the Wastewater Utility Department for their assistance in resolving a utility problem experienced by the Sinclair Missionary Church. The problem involved a broken pipe in an easement across the former Burley property, which was repaired by the new owner Parr Ford. Shannon Bell Bremerton resident, announced Bremerton took first place at the Special Olympics event at Cheney, Washington. Harrison Hospital will hold a Blood Drive on April 7, 11:00 AM - 1:00 PM and 1:45 P.M. - 5:00 P.M. 7A - APPOINTMENT OF DAVID VANNEST TO THE DISABILITY ACTION COMMITTEE, #AB97-059 There is a vacancy of the Disability Action Committee. It is recommended that vacancy be filled by Mr. David Vannest. Mayor Horton described Mr. Vannest's involvement in helping to resolve gang and drug activity in the Callow Avenue/Montgomery Avenue neighborhood. Mr. Vannest is disabled, but able to make contributions to the community and would be a good advocate on this committee. Public comment - none. Mr. McConnell asked if this appointment would fill out the Committee? Mayor Hotton stated she believed one additional position was vacant. #1360 M/S/C/U(Montgomery/Colvin) to confirm the appointment of Mr. David Vannest to the Disability Action Committee. 8A - RESOLUTION NO. 2591, ESTABLISHING ABATEMENT PROCESS FEES, #AB97-060 Ordinance No. 4586 established the City's authority to assess "administrative costs incidental to abatement as set by Council Resolution". Resolution No. 2591 establishes the administrative fee allowed by the ordinance. This fee represents 75% of the abatement administrative costs as estimated by staff. Don Pratt, Director Of Community Development, explained the City's current Abatement process and how it impacts the General Fund when TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 5 of 8 buildings are either repaired or demolished by the City. Physical costs of an abatement are recoverable through a lien process against a property, if the owner does not reimburse the City. However, Administrative costs associated with those kinds of actions are not recoverable under that process and a significant amount of staff work is involved. The estimated average administrative costs for an abatement is $775.00 per abatement. Approximately one abatement is performed per month and without being able to recover administrative or indirect cost of the abatements, the General Fund is covering that expense. The administration strongly recommends the recovery of at least 75% or $600.00, for everyproperty that goes through the abatement process in addition to construction or demolition costs. Once the fee is established, it will stay in affect and increase or decrease annually based on the previous year's Cost Of Living Index (CPI). Charlie Brown, Bremerton resident, asked if the city only collected money from a lien when the property was sold and does the City collect interest? Rich Manna, Acting City Clerk, explained liens are recorded by the City Treasurer's office with the County Treasurer and then placed on the property tax rolls and subject to the same interest rates for delinquent Property Taxes (12% per year) and subject to foreclosure under the same terms as Property Taxes (3-years delinquent is subject to foreclosure). President Farr stated his support of this proposal, but was concerned about the repeat offenders getting a financial break, if the City only charged 75% of the cost. He supported future action to implement an escalating fee for repeat offenders. Mr. Montgomery stated his support for 100% recovery of administrative costs and questioned why should the rest of the citizens pay for someone else's refusal to maintain their property in a reasonable manner? Mr. Colvin asked Mr. Pratt how he arrived at the 75% figure? Mr. Pratt stated an argument can be made that this is a function of general government, as a whole, and general government revenue should be expended to support part of the abatement effort. He came down more heavily in favor of being reimbursed full recovery at 75%, but he would not argue if Council felt 100% recovery of the average cost ($775.50) was appropriate. Mr. Colvin questioned if tax dollars paid for the remaining 25% of the cost? Mr. Pratt stated yes. Mr. Colvin expressed his support to recover 100% of the cost. Mr. Neville stated he supported the 75% recovery based on the fact that to recover 100% of the cost would require tracking every hour put into the process, which could create burdensome accounting TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 6 of 8 responsibilities. Mr. Winters supported 100% recovery of costs and that should be the responsiblity of the person creating the mess. Mr. Overson complimented Mr. Pratt and his staff on coming up with a supportable figure. #1770 M/S/C/U(Overson/Neville) to adopt Resolution No. 2591, regarding establishment of fees for the abatement process within the Dangerous Building Code; including the amendment to include 100% of the average cost ($775.50) #1779 M/S/C(Law/Winters) an amendment to the motion to 100% of the average cost ($775.50). Mr. Montgomery pointed out abatements, such as the Burley property, cost the City an excessive amount and $600.00 is a small figure compared to what actually was expended. Mr. Pratt stated an earlier proposal included a $200.00 administrative fee for abatements that the City undertake but are completed by the owner. That fee was dropped from the proposed resolution due to a legal guestion and it is his intention to bring that issue back in the form of a Resolution that would meet legal requirements. His department's statistics show that 1/3 or more of the abatement actions started are actually finished by the property owner. Mr. Montgomery questioned if it was feasible for the City to collect 100% of the administrative cost? Mr. Pratt stated it is feasible and it was considered, but he would argue against it. The administrative overhead time frequently comes in little pieces, i.e, 5 - 10-15 minute periods, and it would take an administrative cost to keep track of all of those pieces of time. The City Attorney feels it would be difficult to defend in Court unless documentation was provided showing the incremental periods and how that time was spent. With a flat fee, all the City has to do is demonstrate some relevance to the average cost. Vote on the amended motion: In Favor: Law, McConnell, Colvin, Winters, Montgomery, Farr Opposed: Neville, Overson Motion carried. Vote on original motion: Unanimous 8B - RESOLUTION NO. 2592, TO ADOPT THE 1996 UTILITY LANDMANAGEMENT PLAN, #AB97-061 TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 7 of 8 The December 1996 Utility Land Management Plan updates the existing 1986 Land Management Plan. As with the 1986 Plan, the update addresses maintaining the Union River surface water supply in compliance with Department of Health regulations for unfiltered sources under the Surface Water Treatment Rule (SWTR). Volume II of the 1996 Plan includes a timber inventory summary from the computer data base developed within the project scope; a computer based geographic information system (GIS) was developed for all Water Utility forest lands; forest health issues are addressed also in Volume II. The Utility Land Management Plan will provide a rational long term approach for land and forest management policies and practices within the constraints of water quality. An Advisory Committee assisted in the Plan development process. This project was brought to the October 21, 1996 Council Study Session. Bill McKinney, Forestry Manager, stated both the original 1986 Plan and the update Plan set forth established policies to protect water quality and meet criteria for an unfiltered source. What is at issue is maintaining water quality to meet Federal and State standards so that the City does not have to go to a filtration plant. Current estimates on capital outlay costs for such a plant would be $12-15 million and an annual operation cost of approximately $1.3 million. In the area of forestry management, the 1996 Update Plan provides tools that were not included with the original plan, i.e. timber inventory that is based on extensive field data and establishes annual cuts, values and is integrated with a Geographic Information System (GIS) specific to the natural features of the Bremerton Water Utility lands. Also included in the 1996 Update plan, but not in the 1986 Plan, was specifically addressing forest health issues to maintain future productivity of the forest. Currently, the City does have specific forest health disease problems that are being addressed. He emphasized that condition is not unique to Bremerton, it is being experienced in other western Washington forests. The GIS allows the scanning of aerial photos and provides best management practices for mitigation of those specific forest diseases. Upon adoption of the resolution, the Plan will be submitted to the State Department Of Health, which is part of the criteria for maintaining a filtration exempt system. Public comment - none. Mr. Neville questioned the shelf life of the Plan? Mr. McKinney stated 10-years. Mr. Neville asked if this means the City will not have to worry about filtration for 10 years? Mr. McKinney stated TAPE #1449 City Council Reg. Mtg. Minutes March 19, 1997 Page 8 of 8 the original rules provided that if you exceeded some of the water quality criteria, it could automatically trigger a decision by the Department of Health to require filtration. Those rules have been modified somewhat and decisions may be made on a case-by-case basis. Mr. Neville asked if the new Plan greatly enhanced Mr. McKinney's ability to manage the City's forest lands and would that mean increased harvests? Mr. McKinney explained the inventory provides a more scientific basis of the standing volume, the value and how fast the forest is growing. From those figures, a sustainable yield can be determined. Mr. Montgomery asked if he understood correctly that the harvest of trees excluded the diseased areas? Mr. McKinney stated for 1996 the harvest of diseased timber made up the bulk of the harvest volume. The positive side of that is instead of harvesting other areas, at risk timber and is not lost. Revenue projection goals for 1996 were achieved based on this program and under the allowable volume cut. Mr. Colvinquestioned the value of an annual harvest? Mr. McKinney stated $1.2 - 1.3 million. #2648 M/S/C/U(Montgomery/Neville) to adopt Resolution No. 2592, adopting documents entitled "Utility Land Management Plan" and Forest Management Plan" as policies of the City of Bremerton and as an addendum to the City's Water Supply Plan required by WAC 246-290- 100 and authorizing the City's Director of Public Works & Utilities to take the necessary steps to implement the two Plans. President Farr thanked the TV camera crew for their services: Rob Rupe, Jamie Noble Jr., and Patricia Mathis. With no further business meeting adjourned at 6:53 P.M. City of Bremerton KLM/DDF/me cc: Normal Distribution File/Vault