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HomeMy WebLinkAbout11/13/96 COUNClL APPROVED NOV 26 1996 TAPE #1421 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES NOVEMBER 13, 1996 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, November 13, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Jeffrey Flood of New Vision Christian Center. President Law made the following announcements: (1) Immediately following the City Council meeting the Council will hold a Study Session to discuss "1997 Budget Review." #0029 #0037 CONSENT AGENDA A. Minutes of Meeting - October 30, 1996 #AB96-256 M/S/C/U(Neville/Montgomery) to approve 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. M/S/C/U(Colvin/Montgomery) on November 13, 1996, the Council does approve for payment those vouchers included and further described as follows: 203368 through 203561 in the amount of $302,827.84. COUNCIL MEMBER REPORTS Mr. Colvin reminded citizens that District #1 will hold a Neighborhood Meeting on November 21, 7:00 P.M., at the Sheridan Park & Recreation Center. He announced on November 14, he and his wife Hazel will celebrate their 50th Wedding Anniversary. Mr. Neville extended congratulations to Hazel & A1 Colvin. He announced a Neighborhood Meeting will be held November 14, 6:30 P.M., in the City Council Chambers to discuss problems caused by trees alona 5th Street between Park Avenue and Naval Avenue. TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 2 of 10 Mr. Farr stated he had the opportunity to tour two facilities under construction in the downtown area, the Admiral Theater and the Kitsap County Historical Museum. He was quite impressed with what he saw happening, and the community can be proud to show off those facilities when completed. Mr. Winters thanked all citizens who have contacted him with their concerns regarding the one-way street issue in and around the downtown and the Callow Avenue areas. He urged the public to continue to support local fund raising efforts. He also congratulated the Colvin's on their 50th Wedding Anniversary. Mr. Law joined others in congratulating the Colvins. He reminded everyone that the District #3 Neighborhood Meeting will be held November 19, 1996, 7:00 P.M., at the Senior Center. The format for the program will be an "open forum". PUBLIC RECOGNITION Bob Sauter, Commander Galen G. McLoughlin, Post 3694 Veterans of Foreign Wars, gave a glowing report of Veterans Day activities at Bremerton Junior High School. Over 4,000 Bremerton students and 800 adults participated in Veterans Day observance activities. Mr. Sauter presented a letter of thanks to Gary Simon, Junior High School Principal and Andy Baker, Commissioner of the Student Council. Mr. Simon acknowledged the efforts of Andy Baker, Rene, Erin Pratt and Karen Harmes in the creation of the "Veterans Brick Wall" that was erected as part of this event. He also recognized Mr. Hall, ASB Advisor, and Social Studies Teacher, Mr. Baker, Mrs. Gillis for the Choir presentation, and Mrs. Helm for the music and Drill Team presentation, along with all of the Social Study teachers and the veterans group lead by Mr. Sauter, who gave outstanding performances in the classes. Mr. Sauter warned Bremerton to "WAKE UP", the USS Missouri is not a done deal. If Congress does not indicate anything after 60 days from the time they are given the recommendation, the Secretary Of Navy's decision will become final. He urged everyone to write letters to their Congressmen and to every newspaper. Kal Leichtman, Bremerton Resident, stated his support of allowing parking of vehicles on planting strip based on his knowledge of the kinds of damage trees planted in planting trips can do to sidewalks. It is his opinion, that roots from trees and other vegetation causes more damage and more liability than a parked vehicle. Larry Eyer, Executive Director Kitsap Community Action Program, announced a dedication ceremony will be held for the remodel of TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 3 of 10 their facility on November 15, 12:30 P.M. Earlier that day (9:00 A.M. - Noon), they will be hosting a Conference On Welfare Reform at that facility. Anyone wishing to attend either of these events can sign up by calling their office 478-2301. Bob Sauter stated he was appalled that the Kitsap County Commissioners have denied the Wal-Mart Corporation their constitutional right to fly an American flag at their Bremerton and Port Orchard stores. He asked the City Council to look into this matter and find out the reason behind their decision. Wayne Olsen, representing Council District #1, encouraged attendance at the District #1 Neighborhood Meeting on November 21, 7:00 P.M., at the Sheridan Park & Recreation Center. Gordy Byrd announced free Thanksgiving Dinners will be served by Neighborhood Christian Center on November 27, 5:30 - 7:30 P.M.; Salvation Army on November 27, 11:30 A.M. - 1:00 P.M.; Olympic High School Helping Hands student group will provide a dinner at the FOE Eagles Hall, 6th and Washington on November 26, 3:00 - 7:30 P.M. Andy Parypa, Bremerton resident, stated he disagreed with Mr. Leichtman's comments regarding parking on planting strips and recalled a comment made by a woman who had broken her leg due to a damaged planting strip. He wrote a letter to The Sun in response to an editorial on the subject, but that his letter was edited beyond its original intent, and his main point was lost. He was upset that there was nothing in the information packet passed out to the public, stating that parking on planting strips is not being mandated by "recent law", as stated by the Mayor, but by Supreme Court Law, mandated back in 1965. It has been prohibited by State Law since then, it has just not been enforced. He also questioned the new definition of a planting strip. MAYOR'S REPORT Mayor Lynn Horton presented Andy Parypa with a Certificate of Appreciation in recognition for his continuing service and support, and for his contributions to the re-writing of the Bremerton City Charter. The Mayor also thanked Larry Stone, Ian Sievers, City Attorney, and everyone else, who spent a lot of time in re-writing the Charter. 7A - BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANT - 1997, #AB96-257 The City has been awarded $52,029.00 from the U.S. Department of Justice for the year 1997. This block grant must be accepted by the Mayor within the next two weeks. We request approval for the Mayor to accept. #1250 TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 4 of 10 These funds will be included in the 1997 budget and presented to Council during budget review. Captain Craig Rogers, stated the intent is to designate the block grant towards equipment in the Police Department for crime prevention. A public meeting on this issue, as required, will be held within the next week and a half. Public comment - none. M/S/C/U(Huff-Menees/Colvin) to accept the $52,029.00 block grant award from the U.S. Department of Justice. 8A - ORDINANCE (FIRST READING) REDUCING THE B&O TAX ON GARBAGE AND REFU8E BUSINE88, #AB96-258 This ordinance will continue the process begun in January of 1995 of gradually reducing the B&O Tax on garbage and refuse businesses within the City to a level consistent with utility tax rates. The intention is to reduce the tax rate by one percent each year. Rich Hanna, City Treasurer, stated this item is part of the Mayor's 1997 preliminary budget, and also continues a practice that has been in place for the last several years. It is not within the financial ability of the City to deal with a reduction all at once, so this is an incremental approach to the problem. Ms. McCluskev read into the record a letter received from Del Knauss: "Legislative acton in 1986 has cast a cloud over the authority of cities and towns to impose refuse collection taxes at rates exceeding 2/10th of 1%. The problem arises from the language within RCW 35.21.710, which limits the taxation authority of cities over certain business entities to a rate of .0020; excepting those activities subject to the taxes imposed by RCW 82.16. As you may be aware, in 1986 the Legislature removed refuse collection taxes from RCW 82.16 and codified them in RCW 82.18. Therefore, the question arises as to the extent that cities can tax refuse collection. I feel the City's taxation authority over refuse collection is limited by the language of RCW 35.21,710 considering that refuse collection no longer is found within RCW 82.16. Until this Council gets clarification on this matter from Christins Gregoire, Attorney General of Washington, I urge this Council to at least lower the refuse tax to 6%. By doing so it won't have as severe impact on your 1997 budget, if the Attorney General rules that cities and towns should be in compliance with RCW 35.21,710." Public Comment: none. TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 5 of 10 Mr. Farr asked the City Attorney for his comments. Mr. 81evers stated this issue was reviewed in a recent memo to Council, and it is his opinion, as well as other City Attorneys and the Association of Washington Cities (AWC), that the statute still allows a higher than .2 of 1% tax on garbage, even though the solid waste tax was recodified by the RCW. There is a section that regulates any publicly regulated service industry. The City also has a grandfather right, meaning that any city that had a higher rate in place in 1982, can continue that rate, so regardless how the opinion may come out, the City has a legal right to impose this rate. Mrs. Huff-Menees stated since the statement has been made publicly, that this would not impact the 1997 budget, could the Treasurer address that issue? Mr. Hanna pointed out that each one of those 1% changes in the tax rate equates to approximately $43,000 revenue to the City. Adjusting the rate down to 6%, rather than the proposed 17%, is roughly, in round numbers, a half-million dollar impact to the General Fund for the City in 1997, that is why the rate needs to be lowered in increments, rather than all at once. Mr. Winters asked how long the City has had a contract with Brem- Air and where are we currently? Ms. McCluskey stated since about 1962, and we are in our 4th or 5th year of the current contract. Mr. Winters stated he had previously asked the Mayor when would this end, and he was told it will top off at 10%. He will vote yes on this issue because a 1% reduction is better than nothing, but he would like to see the rate go lower, and at a faster rate. Mr. McConne11 agreed with the prior comments and would like to see the rate lowered at least double or triple, to 2% or 3% per year, and eventually down to 6% by the end of his term. At 1%, it could take 12 to 13 years! Mr. Overson stated to the average ratepayer, we are only talking an average of less than 50-cents per month, but that equals one worker in the City. If the rate is dropped by a greater percentage, he would like to know what would be proposed on how to save the money? He emphasized it costs money to run a city, and asked that this be kept in perspective. He believes the 1% rate is good, and is meeting the promises of what was meant to happen. Mr. Farr concurred with Mr. Overson's comments, and according to his calculations from his own garbage bill, the difference will only be between 20 and 40 cents. He believes there are other areas where the Council can make a bigger difference. Mr. Colvin agreed with Mr. Farr and did not think the trade off was worth it. A City has to pay for its services. #1665 #1688 TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 6 of 10 M/S/F(McConnell/Winters) to reduce the rates from 1% to 3%. Vote on motion: In Favor: McConnell, Winters Opposed: Farr, Neville, Overson, Colvin, Montgomery, Huff-Menees, Law Motion failed. M/S/C/U(Montgomery/Huff-Menees) to approve ordinance on first reading, reducing the B&O Tax on the garbage and refuse businesses, and amending Chapter 5.02 of the Bremerton Municipal Code. 8B - ORDINANCE (FIRST READING) AUTHORIZING THE CONDEMNATION OF PROPERTY FOR THE EXPANSION OF EVERGREEN PARK, #AB96-259 The proposed ordinance authorizes acquisition of the remaining properties in the area surrounding Smith's Cove to the south of Evergreen Park, which has been designated for park use in the Evergreen Park Master Plan. The condemnation area is bounded by Smith's Cove, Sheldon Boulevard, and Highland Avenue. The City has contracted with Failure Analysis Associates to complete a Remedial Investigation/Feasibility Study on the expansion area. Cleanup costs are expected to equal or exceed fair market value for the properties. The City has entered into an option agreement for the Brem-Air Site separating the condemnation area and Evergreen Park. Council approval will be required to exercise the option on this property and to finalize any purchase of the condemnation properties. Ian Sievers, City Attorney, stated it is difficult to assess the fair market value of those properties knowing they are listed on the Department of Ecology's Register of Contaminated Properties. An evaluation needs to be done on the extent of contamination before settling on a condemnation or purchase price. Roy McGinnis, Bremerton resident, asked if the property has the possibility of being contaminated, why would the City want it for a park? Mr. Sievers stated that is the reason for the testing, to see if the City wants to purchase it or complete the condemnation. If the cost of the remediation is not manageable, the City will not purchase the property. As of now, the City has adopted an Evergreen Park Expansion Plan, which includes these properties, so the plan is moving forward to see if it is conceivable. Mayor Horton added several years ago the City adopted the Campus Evergreen Neighborhood Plan, which was developed in the same fashion as other neighborhood plans involving input from the local community. It was decided by the neighbors that they would like to see the area cleaned up, and the park expanded. This proposal is a continuation of that neighborhood plan and the park design that was commissioned a year and a half ago. There is contamination throughout the property. and the City is working with the #2155 TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 7 of 10 Department of Ecology in order to gain access on to the property to complete the consent decree, and hopefully move forward with property acquisition. Mr. Montgomez7 stated the Department of Ecology has different standards for remediation based on what the land is to be used for. This process will allow the City to find out the severity of the contamination, and if using the property for the park expansion is possible. Mr. Winters asked since condemnation is being considered, has the City exhausted all other resources in its attempts to purchase the property outright? Mr. Sievers stated yes. Mr. Farr pointed out other examples in the region where contaminated areas were turned into parks, such Gas Works Park in Seattle. He referred to the maps and pointed out the approximate location of a buried submarine and submarine tender on the property, and the endless possibilities for their use. Mr. Colvin asked the City Attorney about liabilities? Mr. Sievers stated if the City does purchase the property, the City would be liable for clean-up costs now and in the future, or for potential resource damage to other properties. It is not possible to know the extent of the risk until testing is done. Before the City comes into ownership of the properties, results, obligations, and liabilities will be brought before Council. Mr. Neville pointed out the Campus Evergreen Neighborhood Plan took place in 1992, and since then the City has been in communication with the surrounding property owners, and an impasse has been reached. It looks like this is the only way the City can move forward, and it is disappointing that a proud, past businessman in the city refuses to deal openly with the City forcing this process. Mrs. Huff-Menees passed on a word of support from citizen Del Knauss, who wanted to let Council know to "go for it!" M/S/C(Neville/Montgomery) to approve ordinance on first reading, authorizing the purchase of properties through condemnation for the purpose of expanding Evergreen Park. Vote on motion: Motion carried. In Favor: Montgomery, Huff-Menees, Farr, Law, Neville, Overson, McConnell, Colvin Opposed: Winters 9A - PUBLIC HEARING: RESOLUTION NO. 2567, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 2908 13TH STREET, #2322 TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 8 of 10 #AB96-260 On September 17, 1996, the City's Public Works Department removed garbage and debris from the yard of the property located at 2908 13th Street after the owners Cuchullaine & Johanna O'Reilly failed to do so as ordered by the Building Official. The revolving abatement fund was charged a total of $1,082.30. Council must now decide if the fees were just and reasonable. Janet Lunceford, Building Department, stated this property was first brought to their attention by a neighbor in July The property was visited and resulted in a letter being sent to the owners on July 17. Mrs. O'Reilly telephoned the Building Department on August 5 notifying them that all of their properties were going "back to the bank", so they did not intend to do the work. The property was then cleaned up by the Street Department on September 17, 1996. Public comment - none. Mr. Overson referred to pictures showing the garbage and debris and estimated the cost of removal should be more in the area of $1,000. Ms. Lunceford stated the pictures may not accurately show all of debris since was quite a bit of construction debris behind one house as well as appliances, and furniture in the yard. Mr. Neville spoke from personal experience that it does not take long for dumping fees to add up. He is glad this process is working, but it is a shame the City has to come in and do the work because it can be expensive to the City and the property owner. M/S/C(Neville/Farr) to adopt Resolution No. 2567, ordering the fees incurred for the abatement of garbage and debris at 2908 13th Street be collected as reasonable abatement costs and become a personal judgment against the owners, which will become a lien against the property if not paid within 30 days. Vote on motion: Motion carried. In Favor: Winters, Montgomery, Huff-Menees, Farr, Law, Neville, McConnell, Colvin Abstain: Overson 9B - PUBLIC HEARING: RESOLUTION NO. 2568, REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1706 ELIZABETH AVENUE, #AB96-261 On September 17, 1996, the City's Public Works Department removed furniture, garbage, and debris from an open garage located on the property at 1706 Elizabeth Avenue after the owner, R.A. McConkey failed to do so as ordered by the Building Official. The revolving abatement fund was charged a total of $774.80 Council must now #2615 TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 9 of 10 decide if the fees were just and reasonable. Janet Lunoeford, Building Department, stated this property had a similar problem, with furniture and a mattress in the garage entrance, preventing the door from closing. H. Emily MoshaV, Bremerton resident, stated she has not seen this particular property, but has participated in other property clean up efforts, and would like to thank Janet Lunceford for the excellent job she does in responding quickly whenever she gets a complaint. Also, based to her involvement in other clean ups, she believes the charges are very fair. Mr. Winters pointed out to the landlord the action taken by the City is costing him double what it would have cost if he had completed the clean up work himself. The object of this program is to encourage property owners to take care of their own property. He supports this type of program, but is disappointed that the City has to resort to it because property owners will not clean up their own property. Mr. Colvin asked what would be the result if the property owner did not pay back the City.? Mr. Sievers stated if payment is not received in 30 days, a lien would be filed against the property and then sent to collections to get a judgment against the property owner. Mr. Farr reported appliances that do not contain freon can be recycled, at no cost, at the Navy Yard Metal Yard, and before the furniture or mattresses deteriorate they can be recycled at Goodwill Industries or the Salvation Army. Mr. Overson commented on Mr. Farr's observations, and stated his only concern is that the money will not be paid back, and the burden would then fall on the taxpayer. However, he feels that is a risk worth taking even though it is an expensive process. He appreciates the program. M/S/C(Huff-Menees/Montgomery) to adopt Resolution No. 2568, ordering the fees incurred for the abatement of garbage and debris at 1706 Elizabeth Avenue be collected as reasonable abatement costs and become a personal judgment against the owner, which will become a lien against the property if not paid within 30 days. Vote on motion: Motion carried. In Favor: Abstain: Winters, Montgomery, Huff-Menees, Law, Neville, Farr, Colvin, McConnell Overson TAPE #1421 City Council Reg. Mtg. Minutes November 13, 1996 Page 10 of 10 President Law thanked the TVcamera crew for their services: Debbie Harris, Mike Pebbles, Patricia Mathes, and Nadine Price. With no further business meeting adjourned at 6:56 P.M. JOHN E. LAW, Council President City of Bremerton KLM/JL/me/1 s cc: Normal Distribution File/Vault