HomeMy WebLinkAbout01/12/94 COU IL
TAPE #1167 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JANUARY 12~ 1994
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, January 12, 1994, at 5:30 P.M.,
with Council President Eileen Fitz presiding. Council members
present were Sherril Huff-Menees, A1 Colvin, Richard Neville,
Morrie Dawkins, Bob Winters, Lon Overson, and John Law. Also
present were city Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Deacon Jim Bemis of Our Lady
Star of the Sea Catholic Church.
President Fitz announced Council will hold an Executive Session
immediately following the Council meeting on a matter of "real
estate".
CONSENT AGENDA
A. Minutes of Meeting -- December 22, 1993 #AB94-007
%0020 M/S/C(Neville/Colvin) to approve the Consent Agenda as presented.
Vote on Motion: In Favor: Overson, Neville, Fitz, Dawkins,
Colvin
Abstain: Law, Huff-Menees, Winters
Motion carried.
CL~IMS/WARR~/~T 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.
#0031 M/S/C/U(Colvin/Dawkins) January 12, 1994, the Council does approve
for payment those vouchers included and further described as
follows: 172032, 172033 through 172037, 172038, 172043 through
172248 in the total amount of $865,825.38.
COUNCIL MEMBER REPORTS
President F~tz reported following interviewing seven candidates for
the City Council District %6 position, Mr. David Fart was selected
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 2 of 13
to fill that position. The final decision was very difficult due
to the quality of candidates. President Fitz introduced Mr. Farr.
David Farr stated he had resided in District #6 for about five
years and in the Bremerton area since 1965. Recently, he took an
early retirement from Puget Sound Naval Shipyard where he served in
the Nuclear Project Management Office for approximately six years.
He was impressed with the qualifications of two other applicants,
whom he met while Council was making their final deliberation. He
was surprised and pleased to be selected to serve as a City Council
member and thanked the Council for extending this honor to him. He
does not have any "agenda" coming onto the Council and he felt that
his management experience will allow him to be a valuable
participant. Ne looks forward to the challenge and believes
Bremerton is a great City. It does concern him that some of the
people in the area do not appreciate how good Bremerton is and
maybe its image is a little tarnished. He believes the potential
for Bremerton is great. Residents of District #6 can contact him
at 377-5268. President Fitz announced on Wednesday, January 19,
5:30 P.M., Mr. Fart will be sworn in as a City Council member prior
to his being seated on the Council.
Mr. Law announced District #3 will hold its first monthly meeting
on Tuesday, January 18, 1994, 7:00 P.M, at the Senior Center on
Nipsic Avenue, - topic "Public Safety". He is very interested in
sharing ideas and dialogue with District #3 residents.
Mrs. Huff-Menees reported she along with Councilmen Law and Winters
attended an AWC sponsored conference for newly elected officials
this date, which she found to be very informative. One major point
that she brought back from that conference was that the strength of
a governing body is strongly determined by the participation of its
citizens. She is hopeful that people within the Council districts
will take advantage of opportunities to participate in government
through neighborhood meetings and City Council meetings. She hopes
to have a location and date for a neighborhood meeting in District
#7 in February.
Mr. Colvin reported he was very pleased with the tribute paid to
Pat Carey through the recent dedication of S. P. "Pat" Carey Vista
park. He extended condolences to Pastor Danny Allen in the recent
loss of his wife. He was pleased that Pastor Allen has shown an
interest in becoming involved with the Cable Access Communications
Committee. He reminded everyone of District #l's Neighborhood
Coalition meeting on January 20.
Mr. Winters reported the AWC conference for newly elected officials
was very beneficial in that it provided very useful information in
how the functioning body of the City Council as well as the Mayor
work together. Keeping communications open between the Legislative
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 3 of 13
body and the Administration is a key element. He displayed a map
showing District #9 and reviewed its boundaries. He encouraged
residents of District #9 to call him to share their comments and
concerns. He is looking forward to setting up a community group
within the District in order to improve communications between the
residents and City government.
PUBLIC RECOGNITION
Mayor LYnn Horton discussed her first week on the job as Mayor.
She presented her goals and objectives to the department heads and
they in turn conveyed their goals and objectives. The next step is
to meld those goals and objectives together and come up with
Department Head goals and Department goals. The ultimate outcome
of this process will be to come up with City-wide goals and
objectives that will have definitive time frames. She and her
staff critiqued last week's City Council meeting and Council's last
Study Session in order to develop better ways of information
presentation to assist Council in its decision making process. On
Tuesday, January 11 she attended a meeting of Block Watch Captains
at Sheridan Park Recreation Center (35-40 people). At that
meeting, she talked about a "Neighborhood Information Network" that
could be used as a conduit to provide information to the residents
and the public. President Fitz suggested Mayor Horton contact the
six individual, who applied for Council District %6 position and
were not selected, to possibly become involved because of their
good qualifications to assist in some of her projects. Mayor
Horton noted several of them were already included on the list.
Brian Mueller challenged Council on a procedural point relating to
Resolution %2453 and the fact that a correction of a typographical
error was made administratively and not brought back before the
Council for a re-vote. Ian $~evers, city Attorney, explained
administrative corrections to typographical errors can be made as
long as they do not change in any way the original intent of the
document. Mr. Mueller stated he believed Council members were
confused as to which initiative they were actually voting on.
President Fitz assured Mr. Mueller that the only problem with the
resolution had to do with a typographical error that was corrected
and had it in any way changed the intent of the document, she would
have brought it back before the Council.
Ca1 Leichman, 205 High Avenue, talked about the City of Everett's
funding source for similar sewer improvements to their sewer system
as those being proposed by the City, that included a low interest
loan (4%), and a grant from the State covering 35% of the cost of
that system. He obtained that information from a newspaper article
in the Everett Tribute dated 12-22-93, and from speaking with Janet
Boyd, DOE Project Officer (206 - 407-6564). The DOE Project Officer
for the Bremerton area is Margaret Hill (206-407-6544). He was
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 4 of 13
informed by Margaret Hill and another DOE staff person that there
are two different types of funds available: (1) Centennial Clean
Water Fund, which is a grant and a loan. Currently, there is 31.4
million dollars available through that fund of which METRO and City
of Spokane have 16.8 million dollars earmarked for them, leaving
13.2 million dollars available for other jurisdictions, including
Bremerton. A plan and specifications are required to be submitted
to DOE by February 25th, however, the effective deadline for the
City is January 25th. As of January 11, DOE had not received any
plan or specifications from Bremerton. He was also informed that
Bremerton had received $37,500 for the design of the Warren Avenue
Basin project. The second fund available is the State Revolving
Fund (SRF), and to eligible for that fund a Facility Plan is
required. As of this date, DOE had not received such a plan from
Bremerton. He questioned how about giving the residents of this
City the best possible break and go after State funds rather than
expensive Revenue Bond? President Fitz asked Mayor Horton if she
would have a member of the Public Works Department address that
issue at the next City Council meeting.
Karen Williams invited everyone to the Martin Luther King
Scholarship Fund luncheon on Sunday, January 16, 1994, 2:00 P.M.,
at the Kitsap County Golf And Country Club. Mayor Lynn Horton will
give the Welcoming Address, with Senator Jessie Wineberry as Guest
Speaker.
Bernie Forte, POWER, announced the next POWER meeting is scheduled
for Thursday, January 13, 7:00 P.M., at Sinclair Missionary Baptist
Church.
Jack Lefcoski, West KitsapLake, reported he was the only member of
the public attending the City Council Study Session, on January 11,
where they voted in a Councilman for District #6. He complimented
the City Council on the excellent manner in which they conducted
the interviews of all seven candidates. He encouraged people to
become more interactive with City government by attend City Council
meetings at least three or four times a year and or writing them
letters sharing their views and concerns. President Fitz stated it
would have been nice to have had representation from District #6 at
the time the seven candidates were interviewed. Mr. Lefcoski
questioned if the City had filled the position of Grants Writer?
President Fitz stated a Grants Writer position is funded in the
1994 budget, however, no one has been hired to fill that vacancy.
Mr. Lefcoski stated he felt that should be a priority of the City
considering the need for grant funding opportunities. He offered
another option...to establish a 3-5 citizens action committee made
up of local people who already have necessary credentials to carry
out such work. President Fitz noted she believed Mayor Horton
would be coming before Council with a proposal based on involving
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 5 of 13
citizens in grants writing project.
Gordv Bvrd, P.O. Box 930, encouraged people in Bremerton to become
more involved. He announced as of this date he had collected
$14,319.44 for his shelter for the homeless.
Don Mansfor4, Westpark Residence Council, extended a "welcome" to
the new City Council members. He extended an invitation to Council
District #7 representative Sherril Huff-Menees to attend the
February meeting of the Westpark Residence Council. He suggested
Mrs. Huff-Menees consider using Westpark's new facility for a
District-wide meeting. He was glad to see that Olympic College
students were capable of crossing Warren Avenue to use College
facilities planned for the east side of Warren Avenue. In
reference to the sewer contract, he suggested looking for some
liability on the part of the people responsible for designing and
constructing the sewer treatment plant. He was encouraged by the
interest being shown by new Council members to hold regular
Neighborhood meetings. With all the concern about providing youth
with opportunities for sporting activities, he pointed out
Bremerton Housing Authority and HUD have and are going to the
expense of putting in indoor and outdoor basketball courts, two
baseball fields, and a soccer field. He felt it would be
beneficial to the City and Westpark residence if joint use of those
sport facilities could be initiated.
6B - POSITION DESCRIPTION - CITY COUNCIL LEGISLATIVE ASSIST~NTt
UPDATED TO REFLECT DUTIES AND RESPONSIBILITIES. #AB94-013
During the 1994 Budget Review process, the City Council discussed
personnel positions and determined that the Legislative Assistant
classification should be updated to better reflect the duties and
responsibilities assigned to that position.
Mr. Winters noted the value of the Legislative Assistant to the
newer members of the City Council to understand the function of the
Legislative body. President Fitz explained the responsibilities of
the Legislative Assistant covers a wide range of research projects
and the day-to-day running of the City Council office, which will
be expanded to include attending outside meetings to garner
information for the Council.
Roy McInnis, 2711 Maple Street, reminded Council they needed to
address this issue on a position basis, not on the person currently
filling the position.
#1797 M/S/C/U(Neville/Law) to approve the revision to the Legislative
Assistant job description, identifying the duties and
responsibilities therein.
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 6 of 13
6A - CONTI~ACTAMENDMENT: CITY COUNCIL LEGISLATIVE ASSIST~NT, #AB94-
OO8
Following a review of the City Council personnel positions, the
City Council deemed that a more consistent process for awarding
compensation and benefits for the position of Legislative Assistant
should be developed. The attached contract implements the
recommended changes.
President Fitz explained the intent of this proposal is to provide
a more streamlined process for increasing compensation and/or
benefits for this at-will position. The position of Legislative
Assistant is an at-will position and not tied to other contracts.
Public comment - none.
#1891 M/S/C/U(Colvin/Dawkins) to approve the amended Employment Contract
for the position of Legislative Assistant.
6C - APPOINTMENT OF ALTERNATE TO THE PUGET 8OUND AIR POLLUTION
CONTROL AGENCY BOARD. #AB94-014
The Mayor of Bremerton is automatlcally a Board member of the Puget
Sound Air Pollution Control Agency. Mayor Horton is recommending
that Mick McKinley, Fire Chief, be the permanent alternate to
represent her on the Board.
Mayor Horton thanked the Council for adding this item on short
notice, which was due to the next PSAPCA meeting scheduled for the
next day - January 13. It was her feeling that Chief McKinley was
a natural to fill that position since it is his department that
must enforce PSAPCA regulations.
Public comment - none.
Mr. Neville questioned if any overtime would be incurred by Chief
McKinley taking on this responsibility? Chief McKinley explained
all City managers are exempt from overtime.
#1997 M/S/C/U(Dawkins/Law) to confirm the appointment of Mick McKinley
as the permanent alternate for the Mayor on the Board of the Puget
Sound Air Pollution Control Agency.
Chief McKinley expressed his interest in serving in this position
especially since the Fire Department is on the front line for
complaints concerning PSAPCA regulations. His goal is to make it
more user friendly towards the average citizen, who is trying to
obtain information on burn bans.
7A - ORDIITANCE (FIRST READING) FOR PARK DEDICATION AND PROTECTION
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 7 of 13
OF THE 8.p. "PAT" CAREY VISTA. #AB94-009
The Bremerton Parks and Recreation Department and the Bremerton
Parks and Recreation Commission built and designated a viewing area
known as the S.P. "Pat" Carey Vista in recognition of Mr. Carey's
dedicated service to preserve and protect park lands. One of his
major objectives was to dedicate and legally preserve parks in the
City of Bremerton. It is fitting that the small, but symbolic
vista which personifies his vision for park lands be formally
dedicated and protected. The 1989 Parks Protection Citizen's
Referendum authorizes the City Council to add lands to the
protected parks listing in the Bremerton Municipal Code by a single
City Council majority vote of those present [BMC 13.12.020(b)].
Vicki Vanneman, Parks and Recreation Director, noted former
Councilman Russ Johnson had hoped to make this presentation before
Council, however, since he was unable to do that, she would serve
on his behalf. When it became apparent that Mr. Carey could no
longer take an active part on the Parks and Recreation Commission,
the Commission voted unanimously to make some type of gesture to
recognize his contributions over the many years. In her opinion,
there had been no other staff member, Commission member or elected
official that has made a greater contribution to parks and
recreation than Mr. Carey over the past 30 years.
Mr. Neville stated during his tenure on the Parks and Recreation
Commission he found Pat Carey's knowledge of parks and park issues
to be invaluable. He acknowledge Mr. Carey being a pioneer and
leader throughout the State. He extended a special "thank you" to
Pat for his assistance in years past.
Mr. Colvin noted Mr. Carey and his wife are well known for their
good works in other areas of the community as well.
Mr. Dawkins reported today Pat has great recall of Bremerton's
parks history and is a tremendous citizen.
Public comment - none.
Mr. Neville pointed out a typographical error in the fifth
paragraph:" ..... area including Blake Island, Manchester, Fort
Ward..."
#2294 M/S/C/U(Neville/Dawkins) to approve ordinance as corrected, on
first reading, officially dedicating the S.P. "Pat" Carey Vista as
a Bremerton City Park, including the Vista under the Parks
Protection Ordinance and Amending Chapter 13.12 of the Bremerton
Municipal Code.
7B - ORDINANCE (FIRST RE/%DING) PROVIDING FOR CABLE TELEVISIONEATE
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 8 of 13
REgULaTION. #AB94-010
The City was approved by the FCC to regulate basic cable service
rates effective October 7, 1993. The attached ordinance must be
effective within 120 days of that date, or February 7, 1994. The
cable operator has 30 days to file their rates and supporting
documentation with the City for acceptance or rejection of the
rates. All future rate increases will require Council action.
This item has the support of the Cable Communications Advisory
Committee.
Kathleen McCluske¥, City Clerk, stated the franchise authority,
which is the City of Bremerton, may only regulate rates for Basic
Cable and for the customer premises installation costs and
equipment. The City does not regulate rates for expanded service,
that is handled by the FCC only on a complaint basis. There is no
review for Pay-For-View. Currently, there is a "rate freeze",
@which has been extended to February 15, however, if the proposed
ordinance is passed, it will be effective approximately the end of
January and will be provided to the cable companies and the City
begins the process of rate regulation. Under the FCC's rate freeze
order, the cable companies can retier or reconfigure their services
during the period of the freeze as long as the overall bill does
not exceed the average subscriber bill. After February 15, if the
city does not pass this ordinance, basic service would be
unregulated and the City would not have the opportunity to review
rates. Following certification, the cable companies have 30 days
to submit their basic service/installation and equipment rates to
the City.
Ms. McCluskey discussed the following: (1) the meaning of
"benchmark" and how it affects the rate structure for basic
services and cost of equipment; (2) the process used once cable
regulations are implemented; (3)availability of refunding if it is
determined that charges exceeded the benchmark and are
inappropriate under the FCC scheme; (4) Current rates - Falcon
Cable has approximately 27 channels on Basic ($18.67) and 8 on ale
cart ($4.95), which is their expanded service. Falcon's actual cost
for providing basic and ale cart has increased over their prior
cost during this "freeze" period. TCI has 15 basic channels
($10.02) and 17 expanded ($10.70). TCI's costs have slightly
decreased since rate regulation began.
In addition to the rates, the City did file a customer service and
consumer protection letter with Falcon Cable and TCI Cable in
August of 1993, which was allowed through one of the new provisions
in the FCC rules.
The FCC concluded that the standards should be enforced at the
local level and the City now needs to adopt enforcement rules and
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 9 of 13
penalties should the cable companies not comply. The FCC does not
specifically state they will accept appeals, but they did add
language stating they retain the authority to address as necessary
systemic abuses that undermine the statutory objective. If the
City finds itself in a rate dispute, the FCC will review rate
disputes.
The City did file a complaint with the FCC about the configuration
of Falcon Cable rates and as of this date there has not been a
response from the FCC. It was Ms. McCluskey's understanding that
the FCC received thousands of filings, which could be the cause for
the delayed response.
The tax on the cable system is a 5% franchise tax and a 2% utility
tax, which was enacted by the Council in 1992.
Mr. Neville pointed out in order to protect the City's interest Ms.
McCluskey and Ian Sievers, City Attorney, participated in a Cable
Regulation Seminar along with the City joining National Association
Of Telecommunications Officers And Advisors Association (NATOA).
Ms. McCluske¥ emphasized in the relative short time the City has
belonged to NATOA she has found their service to be of real value.
Mr. Overson questioned if, in the near future, there will be
changes involving cable being delivered to households through
telephone lines? It is his understanding that the City has no
right to regulate anything to do with telephone service. Ms.
McCluskey stated at this point it was her understanding that the
City would not have the authority regulating telephone lines, but
there is a lot happening in that arena. Ian Sievers, City
Attorney, stated there is an exception to the new FCC regulations
amendments - dial tone exception for telephone. From the recent
news stories some of the mergers in mini-bell systems throughout
the country are taking advantage of that loophole and getting into
some of the information delivery services that might now be
provided by cable. Mr. Overson questioned the City's internal
process for facilitating the rate control process and who would
have the rights and powers to enforce it? Mrs. McCluskey explained
after talking with NATOA on that point, it appears that whatever
process is currently in place within the City for public
information and hearings is what can be used. There will be two
public hearings on rates and they will come before Council for
approval. When the refranchising process begins, some of the
issues regarding telephone line usage will be part of that process.
Mr. Law questioned if the process described would be handled
locally or would the City enlist the assistant of a consultant?
TAPE #1167
City Council Reg. Mtg. Minutes
January 12, 1994
Page 10 of 13
Ms. MoCluske¥ stated the City's staff will handle the
responsibility for the process.
#TAPE #1168
Gord¥ Byrd, P.O. Box 930, stated he would like a more clear
explanation of what this proposal is all about in layman's terms.
Ms. MoCluske¥ explained the City will be regulating cable rates and
will start that process by adopting the FCC Rules.
Mr. Winters stated there are no guarantees as to how soon cable
service could be delivered through the telephone lines. He
questioned what would happen to the City when cable service becomes
part of the telephone lines? Mr. Sievers explained if the cable
services goes through the telephone lines, the City will not be in
the position to regulate rates. Under Washington State Law, the
City cannot franchise telephone companies. President Fitz
questioned what was the problem before regulation? Mr. Sievers
stated people were not satisfied that competition was adequate to
create market rates and that rates were too high and profit markets
were too high for cable companies. The FCC studied the problem and
set up the benchmark to bring down rates to a more competitive
level.
90068 M/S/C/U(Neville/Colvin) to approve ordinance,on first reading, to
provide for the regulation of basic service tier rates and related
equipment, installation and service charges of any cable television
system operating in the City of Bremerton.
7C - ORDINANCE (FIRBT READING), ZONING TEXT ~uMENDMENT: "PRIVATE
EDUCATION FACILITY" USE TO BE ALLOWED IN THE CBR AND SC ZONES BY
SPECIAL USE PERMIT. #AB94-011
The City Council approved the recommended amendment at the public
hearing of January 6, 1993. The amendment can be enacted after two
readings and approval of the amending ordinance.
#0359
Shane Jensen, Planner, stated the proposed ordinance would allow
the private educational facility in the one residential and one
commercial zone that does not currently allow that use. It is
proposed to use ~he Special Use Permit process so that neighborhood
impacts can be controlled, the public's best interest served and
proper development standards set in place to provide mitigation for
any type of impacts that may be determined.
Gord¥ Byrd, P.O. Box 930, questioned the intent of the proposal and
how it might affect his developing a shelter for the homeless? Mr.
~ensen explained the applied definition: "that private educational
facilities is any building or group of buildings the use of which
meets State requirements for primary, secondary or higher education
and which does not secure the major part of its funding from any
TAPE #1168
City Council Reg. Mtg. Minutes
January 12, 1994
Page 11 of 13
governmental agency".
ROV McInnis, 2711 Maple Street, questioned if he understood
correctly that it will no longer be necessary for someone to apply
for a Special Use Permit for a school facility within those two
zones? Mr. Jensen explained currently there are areas within the
City that do not allow private educational facilities. The
proposed amendment would allow those uses if they are approved
through a Special Use Permit process.
Mr. Winters felt it would be beneficial if Mr. Jensen would explain
how to obtain a Special Use Permit and questioned if there was some
kind of chart available. Mr. Overson asked that the discussion be
returned to the Agenda item, not using this time to inform the
public as to a process within the Planning Department.
President Fitz questioned the appropriateness of the new City
Council members voting on this item since none of them were seated
at the time of the public hearing? I&n Sievers, City Attorney,
stated the new Council members should be excused from voting on
this item. The policy on land use hearings where there was an
earlier public hearing prior to the hearing of the Ordinance on
first and second reading, that we won't change the substance of the
decision made at the first hearing because that was when the
majority of public input is taken. The decision on the first and
second reading of the ordinance is to see if the wording of the
ordinance implements Council's decision from the earlier hearing.
He suggested that the new Council members cast an "abstain" vote.
M/S/C/(Neville/Colvin) to approve ordinance, on first reading,
ordinance, which would allow a private educational facilities use
in the Central Bremerton Residential and Shopping Center Zones with
approval of a Special Use Permit.
Vote on motion: In Favor: Overson, Neville, Fitz, Dawkins,
Colvin,
Abstain: Law, Winters, Huff-Menees
Motion carried.
Mr. Jensen briefly explained, for the public's information, how
someone could pursue developing a private educational facility in
the allowable zones.
8A - PUBLIC HEARING= RESOLUTION NO. Z454, REGARDING THE RECOVER~ OF
FEES FOR ~BATEMENT OF DANGEROUS CARPORT ~T 3016 E. 19TH STREET
#AB94-012
In October of 1993, the City was forced to abate a dangerous
TAPE #1168
City Council Reg. Mtg. Minutes
January 12, 1994
Page 12 of 13
structure located at 3016 E. 19th Street, owned by Helen Henkle,
after she failed to abate the condition, as ordered by the Building
Official.
President Fits ask the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
#0725 David Nelson, Building Official, stated this particular abatement
process was one with a historical background of several years,
which the City inherited from the County. Since the technical
processes were not deemed appropriate, a decision was made to re-
abate the problem. With the cooperation from the owner some of the
problems were resolved, however, time elapsed and the problem
regrew, which was again re-abated. Following the third time the
site was re-abated, the property was sold in a tax sale. The person
who purchased the site did applied for permits to remodel the
building so that it could be put back on the market, however, no
improvements were made and in later conversations with that owner
he indicated the property had been sold back to the previous owner.
The previous owner has been totally unresponsive to the overall
condition of the site over a seven year period, therefore, the City
took action to remove a carport that was leaning and in danger of
collapsing and blackberry bushes that had become a habitat for
rates. The City did abate the building, removed the carport,
removed the blackberry bushes and secured the home. He urged
Council's approval of this proposal so that his department can
recoup the expenses of abatement by lien against the property.
Mr. Overson questioned how dangerous could a carport be? Mr.
Nelson explained when talking about protection of property because
of dangerous conditions that exist is danger to existing people or
personal property damage. This particular carport was built next
to the neighbors garage and was leaning in such a way that it could
have damaged the neighbor's carport. The house is vacant with an
absentee ownership and there was concern that children might play
in that area and pull the structure down on them.
Public comment - none.
Mr. Law questioned if Mr. Nelson expected the abatement of the
vacated building to happen in 1994-19957 Mr. Nelson stated the
building is not currently inhabitable and could not be placed on
the market as housing stock, but it is a substantial house that has
been enclosed and secured. It does not present a danger until it
becomes open to vagrants or juvenile activity, etc. He would still
like to remedy the serious conditions that exist and is hopeful
that something will happen that will put the house back on the
market. If the building continues to deteriorate the City would
then have to take steps toward abatement.
TAPE #1168
City Council Reg. Mtg. Minutes
January 12, 1994
Page 13 of 13
President Fitz questioned when could the City expect to receive the
$1,800 from the lien? Mr. Nelson stated in three years.
Mr. Colwi~ questioned if the City charges interest on monied owned
to the City? Mr. Nmlson stated by State law the City is allowed
to charge up to 12%. Ian Slever$, City Attorney, stated the
interest rate is the same as the interest charged on overdue taxes
on real property, including late fees.
Mr. Overso~ questioned the need for 21 man hours to carry out the
abatement? Mr. Nelson explained the actual work was done by 4-5
Street Department personnel, who accomplished the work within a
half day. Mr. overso~ noted part of the recommended motion is that
the City Council finds the charges just and he needed additional
input to make just a determination. Mr. Nmlso~ stated only those
charges actually incurred in the demolition are charged against the
property. The demolition work could possibly have been done at a
lesser expense if the property owner had taken on the
responsibility, however, they chose not to pursue any effort to
correct the problem.
M/S/C/U(Overson/Dawkins) to find, by Resolution No. 2454, that
costs incurred for the abatement of the carport structure at 3016
E. 19th Street are just, and that these fees be charged as a lien
against the property.
With no further business meeting adjourned at 7:42 P.M.
KATH~EEN L. McCLUS~Y, City Clerk
EIL~EN FITZ, Cornel President
City of Bremerton
KLM/EF/me
cc: Normal Distribution
File/Vault