HomeMy WebLinkAbout07/07/93TAPE #1120 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JULY 7, 1993
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, July 7,
1993, at 5:30 p.m., with Council President Eileen Fitz
presiding. Council members present were Richard Neville, Lynn
Horton, Hank Waibel, C.R. "Tiny" Collins, Morrie Dawkins, Al
Colvin, and Russ Johnson. Council member Lon Overson was
absent. Also present were City Attorney Ian Sievers and Acting
City Clerk Rich Hanna.
The meeting opened with the Pledge of Allegiance led by
Council president Fitz and Invocation given by Pastor David
Welch of the Chico Alliance Church.
CONSENT AGENDA
A. Minutes of Meeting -- June 16, 1993 #AB93-126
B. Minutes of Meeting -- June 23, 1993 #AB93-127
#0022
M/S/C/U(Waibel/Horton) to approve the Consent Agenda as
presented.
CLAIMS/WARRANT 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.
#0045
M/S/C/U(Colvin/Horton) July 7, 1993, the Council does approve
for payment those vouchers included and further described as
follows: 167703 through 167897 in the total amount of
$383,550.15; and Regular Payroll for the period ending June
30, 1993, in the amount of $651,662.64.
COUNCIL MEMBER REPORTS
Mr. Neville stated it is nice to hear music coming from
Evergreen Park on Tuesday evenings. He also noted the park is
looking exceedingly green and the rose garden is coming back.
Mrs. Horton extended a special "welcome" to her sister and her
children, who are visiting from England.
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July 7, 1993
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Mr. Waibel stated he lived in the State of California (Orange
County/South of Los Angeles) for about 10 years and saw the
start of gang activity in that area. Population in that area
was very dense and a technique developed there to keep track
of some of the problems was to take pictures of people, which
is a rather impersonal approach, but was necessary. He did
not like Orange County, and moved back to Washington State to
get away from that plastic, impersonal approach. He is seeing
the same kind of approach to a problem that he thinks should
be handled much more personally, and that is the gang problems
happening in Bremerton. He would like the City to take
another look at its policy about taking pictures of people.
Mr. Dawkins stated he thought the 4th of July was a lot
quieter this year and that people respected limiting the
discharge of fireworks to July 4th.
Mr. Colvin stated he agreed with Mr. Dawkins that Bremerton
experienced a more subdued 4th of July this year. He
appreciated the Firemen introducing the fireworks legislation.
Mr. Johnson stated he also agreed with his fellow Council
members about limiting the period for shooting off fireworks,
which resulted in a safer and quieter holiday. He observed
families with small children still enjoying the holiday by
shooting off small varieties of fireworks. He will support
continuing the policy to limit discharge of fireworks in the
future. He also observed lines of people at the fireworks
stands, indicating people were still purchasing fireworks and
the community organizations were still continuing to raise
funds through that venture. He was not pleased to report that
Georgia Mills continues to be a problem in his neighborhood.
He reported another week has gone by without any programming
on Falcon Cable Access channel. He asked the City Attorney to
pass on a letter of requirement to the local Falcon office as
well as their headquarters in Oregon, indicating the City is
very serious about the enforcement that access television is
required.
Mrs. Fitz stated she observed there were very few fireworks
discharged prior to the 4th of July or the day after. On the
4th of July she was watching a Seattle TV program and heard a
representative from Pyrodyne state this was the busiest year
ever for the fireworks stands and that they all sold out. She
believes volunteer organizations will still be able to raise
funds even with limiting the period for discharge of
fireworks.
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City Council Reg. Mtg. Minutes
July 7, 1993
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PUBLIC RECOGNITION
Mayor Louis Mentor announced the passing of Arnold Wang, whose
funeral was held on July 1. Mr. Wang will be remembered as a
real ,,gentleman and statesman" in Bremerton and Kitsap County.
He reported a retirement celebration for Bob Theroux was held
July 2, in the Utility Department. Bob worked for the City
for over 20 years. On Saturday, July 3, he attended the Grand
Opening of Los Andes Gift Shop located on the corner 5th
Street and Pacific Avenue. Also on Saturday, he participated
in the Tahuya Day Parade. The Farmers' Market had a good turn
out on Sunday, July 4th. He reported he did meet with a young
man that spoke before Council on June 30 about police
problems, gang problems, etc., and felt the meeting was very
productive. He referenced a recent Seattle P.I. Newspaper
article, dated July 5, that described changes for the better
happening in the Hill Top area of Tacoma. The main point
about the improvements being made had to do with the people
within the Hill Top community coming together on various
projects. Also emphasized in the article was the fact that
making a neighborhood safer can't happen with just police
involvement. One program that has been successful in Tacoma
is "Safe Streets", which aggressively takes back the streets
from criminals. Safe Streets gave citizens the tool to
accomplish the goals they have attained. In reference to the
recent controversy of locating basketball courts in the
Broadway Avenue area, he was pleased to report an alternative
location has been found, and he hoped he could report the
program has started by the next City Council meeting.
Debby Goddell, Animal Control Supervisor, reported there was
a noticeable decrease in incidents of lost animals as a result
of fireworks being discharged over the 4th of July. Ms.
Goddell displayed the micro chip identification for pets
(birds, cats, dogs, horses, etc.), which is placed under the
animal's skin just above the shoulder blade and is detected by
the use of a scanner. The scanner will display a 1-800 number
that can be called and a personalized identification number.
There was some concern about the chips migrating to other
areas of the animal's body. She contacted Avid System and
they reported there were only three instances where chips had
migrated out of over 300,000 implants. Councilman Russ
Johnson drew the winning Animal License Number (#C-0227),
giving the pet owner up to $200 in value of services from Flee
Busters. This promotion was made available to Bremerton
Pesidents at the time they renewed their pet licenses up to
June 30th.
Don Atkinson, Bremerton Main Street Association, reminded
everyone that Concerts On The Boardwalk will start on July 8,
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July 7, 1993
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6:00 - 7:00 P.M. The Farmer's Market will also be set up for
business, 4:00 - 8:00 P.M., that same evening each week.
James Peterson, 202 Burwell, voiced his objection to the
prayer that was said at the beginning of the Council meeting.
He believes that is a violation between Church and State. He
questioned what would stop other people who practice various
religions from demanding equal time. His second major concern
is the sewer plant stench. He use to live on Preble Street
and personally experienced the offensive odor that emitted
from the sewer treatment plant. He and his family have been
driven out of their own home at times due to the smell and
have had health problems because of it.
Gordy Byrd, P.O. Box 930, reminded everyone that a car wash
will be held on July 10, at K - Mart, and one on July 17 at
Pizza Hut located at 6th and Naval. All proceeds from the car
washes will be given to his "Byrd's Nest" shelter for the
homeless project. He reported as of this date he has
collected $16,092.03 for his shelter project. He also
reminded everyone that Booth's Drugs is soon to close after 41
years of being in business.
6A - AMENDMENTTO PROFESSIONAL SERVICES CONTRACT FOR SERVICES
CONTRACT FOR RETAINED COUNSEL (WEST HILLS ASSOCIATION
LAWSUIT), #AB93-128
The trial on this suit has been continued to October 4, 1993,
from June of this year, and the length has been extended to 60
days by the trial judge. The maximum amount of the City's
retained counsel contract with Foster, Pepper, & Shefelman has
been extended to $475,000.00 to cover unanticipated pre - trial
motion practice this spring, mediation, and additional costs
of the extended trial if the case does not settle.
Ian Sievers, City Attorney, stated the subject law firm has
looked into the City's insurance coverage under various
policies, which amounted to some additional work that was not
previously budgeted.
Ralph Gribbon, 1335 Trenton Avenue, stated he does not live
where he catches odors from the sewer system like some of the
residents in west Bremerton. But, he does pass by the sewer
treatment plant quite often and many times he has experienced
very offensive odors that made him feel like vomiting while
driving through that area. He did not approve of the City
Council just sitting on the dias and saying that there is
nothing wrong with the plant or that they don't owe the people
living in that area any kind of a settlement, mainly a
settlement of fixing the plant. He believes Council is trying
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July 7, 1993
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to push the dollars spent in defending that stench to a
million dollars. He felt such action was getting awful close,
if not to the point of misuse of public funds when they
continue to push something like that. He did not see where
this City can expect anyone in the City to have to put up with
such a stench and he did not see how the City could expect him
to pay for that misuse of funds. He emphasized the City will
never get rid of the stench with just the lawsuit. He
stressed the fact that obviously the people who judged
Bremerton as a Number 1 city did not come through that area on
a hot summer day when the stench was evident. He thinks the
City Council needs to reverse its ideas on this issue or a
recall action should be initiated on every member of the City
Council and the Mayor. He would also go to the point of
asking the FBI to come in and investigate whether the City is
legal in some of the maneuvers that have been pulled, such as
swapping property with an individual who had enough money to
keep the lawsuit going a lot more than the people who are left
in the suit. He wonders where that legal side of this stuff
stops. He is curious and thinks he'll do some further
checking to find out.
Shannon Peterson, 3295 S. Virginia Street, Reno, Nevada,
stated currently she is visiting her father in Bremerton. In
years past, she lived with her father on Preble Street and
experienced the terrible stench that emitted from the sewer
treatment plant. She felt it was a complete waste of time for
the issue to be fought in court. She recalled times when her
family would have to leave their home because of the odor,
which would make them feel ill and not want to eat. The bad
part was that there was no where to go to get away from the
odor and the adverse affect it had on their health. The smell
is a lot more than what people are making it out to be. She
believes it is a waste of the court, lawyers time, and City's
money when the plant could be fixed for the amount of money
being expended to fight the lawsuit. She believes the City
Council and whole City of Bremerton owes it to the public to
correct the problem.
#1041
M/S/C/U(Collins/Johnson) to approve Amendment to Professional
Services Contract.
6B - AUTHORIZATION FOR LITIGATION SERVICE AGREEMENTS IN EXCESS
OF $10,000 (WEST HILLS ASSOCIATION LAWSUIT), #AB93-129
The City Attorney's Office has administered billings for
several experts retained in support of the West Hills
Association, et al. v. City of Bremerton suit to reduce
administrative costs by our retained counsel. The City's
Purchasing Ordinance requires Council authorization for
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July 7, 1993
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professional services over $10,000.00. Some of these
consultant/experts will exceed these limits, particularly if
the case goes to trial. Council is asked to authorize
agreements with litigation experts in excess of $10,000.00 in
the above case, so long as the cumulative amount in excess of
$10,000.00 for all consultants does not exceed $50,000.00,
excluding Parametrix, Inc., which has a support contract
previously approved by Council.
Ian Sievers, City Attorney, stated this is a little unusual
and it is usual practice for the administration to ask for
approval in excess of $10,000 per individual vendors or
professional services. In this case, all of the vendors
relate to a single project so the Administration is asking for
a single line of credit for all of the providers in excess of
$10,000.
James Peterson, 202 Burwell, questioned who are the expert
witnesses? He could find no names, addresses or indication of
their field of expertise. He questioned how many of the
expert witnesses live around the affected areas? Mr. Sievers
stated he could not provide the exact names, however,
Parametrix, Inc., is listed in.the Agenda Bill, along with a
medical expert, environmental toxicologist, property
appraiser, and court reporter depositions of Mr. Duffy, who
was the past Utilities Superintendent. Mr. Peterson again
questioned if any of those individuals live in the affected
areas, or within one mile? Mr. Sievers stated he believed
representatives from Parametrix, Inc., and the property
appraiser reside within that area. Mr. Peterson stated he has
friends from that area who no longer spend their prime time
there, and when people hung cloths outside to dry the stench
would soak into the garments as if they had never been
laundered. He agrees with the gentleman who gave earlier
testimony that the City should skip the million dollars to the
attorney fees and put it into correcting the problem. He
suggested renaming the freeway Mt. Bowels Highway with
appropriate warning signs of the stench that could be
encountered.
Ralph Gribbon, 1335 Trenton, stated there have been several
articles in Reader's Digest addressing "expert witnesses" and
the fact that if enough money is paid they will say anything
you want them to say.
#1229
M/S/C/U(Johnson/Collins) to approve expenditures for any
litigation consultants on West Hills Association. et al. v.
City of Bremerton in excess of $10,000.00, provided that the
sum of excess amounts on all consultant contracts shall not
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July 7, 1993
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exceed $50,000.00.
7A - ORDINANCE (FIRST READING) VACATING A PORTION OF AN ALLEY
AND PORTER STREET ABUTTING BLOCK 4, PORT ORCHARD ADDITION,
#AB93-130
Owners of property on South Charleston have requested that a
portion of Porter Street and an abutting alley be vacated by
operation of law. On November 25, 1986, the City Council
approved this vacation.
Ian Sievers, City Attorney, stated this is a request to vacate
by operation of law, a special type of vacation. Certain
streets that were platted in the early century were vacated
automatically and reverted to adjacent property owners by
virtue of a 1889 State Statute if they weren't developed or
annexed within five years. This Statute was also amended
early in the century which changed that, and thereafter
excluded platted streets. Those areas that have reverted
already belong to adjacent property owners. The purpose of
this type of hearing is to clear title and provide an
ordinance for recording in the County's property records. The
testimony that can be taken today is really directed at
contesting the statements made in the Affidavit of the
adjacent property owners requesting this vacation. This issue
did have a prior Council hearing. Mr. Sievers quoted comments
made by the then City Engineer Dave Baker: "This was in fact.
platted during the period 1889 - 1894 and that it was not
developed as a street, and that it had reverted back to the
adjoining property owner". According to State Statute, the
subject area reverted back automatically and there are no
reservations Council can make, concern is not with present or
future traffic circulation needs, and there is no compensation
the City can require for vacation.
Mr. Johnson questioned what's to say anyone is going to listen
to the City Council's vote this time? In 1986 the City
Council approved vacation of this specific property by
operation of law. Mr. Sievers stated he did not know how this
issue came up or how many more such items are out there. He
believes the County Auditor wants the ordinance, which is the
standard form used for vacations, as the instrument for
filing. And, there still may be a cloud on the title until
the Council does approve an ordinance vacating the street.
Mr. Johnson questioned why don't we give the County what was
approved in 1986? Mr. Sievers stated apparently the City did
not pass an ordinance in 1986. When he started to work for
the City in 1987, he initiated the use of ordinances for
granting vacations. It was his feeling that there may be
other instances of "vacations" that may need to be cleared up
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July 7, 1993
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through the ordinance process. Mr. Johnson questioned what
says this process has to be by ordinance? Mr. Sievers stated
it is most likely the State's law requiring an ordinance.
Mr. Collins stated there is no amount of money identified for
payment, and it does not give any indication what is happening
to the other sections of the street. He questioned aren't we
leaving something kind of half done? Mr. Sievers stated he
believed Mr. Collins was correct. When this is initiated,
there is a method where the City Council can initiate the
resolution of a greater vacation in this area. He was
assuming that this was all part of the plat and had the same
platting history, and probably shares in common some of the
features of the right - of - way. He felt that would be a good
endeavor and the City will try to clear it up. However, he
does not have any additional information on history of
development or history of platting than what is included in
Council's Agenda packet. Mr. collins questioned if it would
be advisable to delay this issue for a week or so until the
City Attorney had an opportunity to look at it so that the
whole piece could be done at one time? Mr. Sievers stated
moving forward on this item would not preclude the City from
going forward and finishing the rest of the plat. Mr. Collins
questioned if that could be done by second reading of this
ordinance? Mr. Sievers stated no, he needed to initiate a
resolution, and he preferred giving notices to property owners
so that they would have an opportunity to contest these
allegations. President Fitz noted the people named here are
people who requested the vacation, and no one else has
requested such a vacation at this point. Mr. Sievers stated
President Fitz is correct. Mr. Collins noted there is no
indication that there will be any charge for this property.
Mr. Sievers stated the property reverted back free of charge
in 1894. Mr. Collins emphasized the City has to do something
about this situation since people are "squatting" on it and
own property that is not shown under their land title. Mr.
Sievers explained the property owner has full use of the
property, however, it is his understanding that the portions
of vacated properties are not on the tax rolls because it is
still shown as "streets". The City has an interest in
vacating that section because the City cannot develop it even
it they wanted to. There are approximately six acres of
streets that should be transferred back to the adjoining
property owners.
Mr. Johnson questioned if Council voted no on this proposal
would we then go to the Supreme Court to fight the State as to
whether or not the subject site has been vacated? He also
questioned why are we wasting money publishing ordinances in
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July 7, 1993
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the newspaper for something that is already done? And, he
questioned is there a problem with a Clerk somewhere who won't
file something because they don't believe State law is legal?
Mr. Sievers stated another avenue may be to bring a
declaratory judgement action. Property owners' next step
could be to file a Quiet Title action, which is a simpler,
quicker and cheaper process for the property owners. And, the
City has an interest in clearing the titles in order to get
the property back on the tax rolls. He believed the simplest
process is to have the summary Vacation Ordinance hearings.
Mr. Johnson re - emphasized by State law the property belongs to
the adjoining property owners. Mr. Waibel pointed out the
paperwork to make the title and legal description correct has
not transferred. Mr. Sievers stated someone has to put it all
together in an official document for recording. Mr. Waibel
felt it would be a good idea to just list all the legal
descriptions of the six acres in one ordinance and have one
publication saying these are all reverting to abutting
property owners. Mr. Johnson questioned what would happen if
all Council members voted no on this item? President Fitz
stated maybe in the future when an issue such as this comes to
Council, we can tell them the whole street or alley is in the
same situation, then everyone should be notified at the same
time. Mr. Waibel stated it is not necessary for a property
owner to initiate the process. Mr. Sievers stated Mr. Waibel
suggested that same process in 1989 and it took until 1992 to
obtain the legal descriptions from the Engineering Department.
During that period of time, the City had to study the planning
history and what was and was not developed. That information
is now available to the City Attorney in order to proceed with
future actions.
Public comment - none.
#1683
M/S/C/U(Horton/Waibel) to approve Ordinance, on first reading,
of a portion of an alley and Porter Street abutting Block 4,
Port Orchard addition.
With no further business meeting adjourned at 6:30 P.M.
KATHLEEN, L. McCLUSKEY, City Klerk
EILEEN, FITZ, Council President
City of Bremerton
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