Loading...
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. TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 2 of 9 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. TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 3 of 9 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, TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 4 of 9 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 TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 5 of 9 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 TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 6 of 9 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 TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 7 of 9 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 TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 8 of 9 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 TAPE #1120 City Council Reg. Mtg. Minutes July 7, 1993 Page 9 of 9 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 KLM/EF/me cc: Normal Distribution File/Vault