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HomeMy WebLinkAbout09/23/92TAPE #1059 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0071 #0114 SEPTEMBER 23, 1992 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, September 23, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin, Russ Johnson. Councilman Hank Waibel was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Councilman A1 Colvin. President Horton announced Items 6E and 7B have been pulled off the Agenda for one week. And, due to the public meeting scheduled at 7:00 P.M., Agenda items may be taken out of their order and any unfinished business will be moved to the September 30 City Council meeting. CONSENT AGENUA A. Minutes of Meeting - September 9, 1992 #AB92-231 B. Voters Pamphlet - Naming Pro And Con Statement Committee Chairman (Pro - Phil Olwell; Con - Del Knauss) #AB92-240 M/S/C/U(Johnson/Colvin) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTER8 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/Dawkins) on September 23, 1992, the Council does approve for payment those vouchers included and further described as follows: 156546, 156547, 156550, 156906, 156921 through 157152 in the amount of $1,331,825.57; Regular Payroll for the period ending September 15, 1992, in the amount of $497,911.71; Retro Pay Police Department Non- TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 2 of 16 Management/Patrolmen's $81,908.85. Association in the amount of COUNCIL MEMBER REPORT8 Mr. Neville announced the Campus/Evergreen Neighborhood Plan meeting originally scheduled for September 24 has been rescheduled to September 29, 7:00 P.M., at the old Smith School. PUBLIC RECOGNITION Mayor Mentor read a Proclamation proclaiming September 21-25, 1992, as SENIOR CENTER WEEK, which was accepted by Kay Charleston, representing Becky Lorber, Director of the Nipsic Senior Center and all the seniors who are part of the Senior Center. Mayor Mentor reminded everyone of the AID's WALK on Saturday, September 26, 9:00 AM. He referenced a recent newspaper article in the Sun about the City's "Scoff Law" and people who don't pay their traffic tickets. On that same day he saw an news article in the Seattle newspaper where a Police Officer in New York became so upset over the number of abandoned vehicles on City streets that he called in the sanitation crew to crush in the tops of abandoned vehicles. He cautioned the residents of Bremerton that such action may be the next step Bremerton will take to collect fines. Billie Eider, Kitsap County Commissioner, made a presentation of an "olive branch" to the City Council from the Kitsap County Board of Commissioners. Commissioners Horsley and Granlund were out-of-town and unable to accompany Mrs. Eider. The Commissioners are all aware that Council passed a Resolution last week to ask for mediation on a growth management issue. She emphasized growth management is a horrendous thing and everyone is under the same "gun", has the same problems and are trying to work together to solve them. Three years ago the Puget Sound Council of Governments reorganized and she attended the meeting where the chair expounded on the fact that the governmental entities in Kitsap County revolved their difficulties by sitting down and discussing the problem and coming up with a solution. Now, her presence at this meeting was to ask the City Council to join the County Commissioners in a tour of Kitsap County. It is hoped through dialogue and communication progress can be made towards resolving our problems. She believes there are some big issues that need to be looked at by both sides and discussed. There has not been that type of dialogue and is TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 3 of 16 really needed to identify issues. She emphasized all cities and counties in the State are experiencing the same kind of problems over annexation issues. Kitsap County has been in the business of services in urban areas in the County since the early '70's. She offered the dates of October 3 or 17 for the suggested tour, which would start at 8:30 AM. Also, she brought some documentation containing comments on the Growth Management Act and the position of the Kitsap County Commissioners. Mr. Collins requested the County Commissioners pull off their September 28 Meeting Agenda an item concerning the Franchise of the PUD to construct/maintain water lines and all public water systems under all public roads except in incorporated cities, until after the scheduled tour. Mrs. Eider stated she would do that and questioned if Mr. Collins had an issue over that proposal. Mr. Collins stated he believed there are some very strong issues in that proposal. Bernie Waldbillig stated he will continue to come before the City Council and speak out against the Bremerton Police Department until someone looks into the fact that there are problems with enforcement of laws in the City. He questioned why is evidence thrown away by the Police Department and not analyzed; and is the officer who threw the evidence away qualified to analyze it? The substance he brought to the Police department the second time and tested by the Bremerton Police Department Crime Lab tested positive. He again questioned doesn't this raise a question as to the officer's knowledge? After he came before Council and informed the public that 27 days had passed since he turned the substance into the Police Department, he still had marijuana and growing equipment in his rental property. Then, on the very next day he received a call and was requested to make a taped statement and all marijuana and growing equipment are confiscated from his rental property. Why did it take 28 days...is this standard procedure or just an attempt to shut him up? Or, did the Bremerton Police department decide to make a move before the State Patrol Marijuana Grow Hotline did? He questioned why did a citizen have to go through what he has been going through to get any action from the City's Police Department. He doubted raising additional money for ~olice officers would do any good if you still have an officer in the narcotics unit that apparently does not know what marijuana looks or smells like and throws evidence away without having it analyzed. And even worse, a Police Chief, who would be in charge of the new officers who stands behind and supports that sort of mentality. Since he went public with his ordeal, he has had a dead rat and dead snakes placed in his mailbox on three different occasions, received threatening phone calls and had TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 4 of 16 someone attempt to run over him in front of his home. He has lived in a quiet neighborhood for the past four years and nothing like this had ever happened before. His rental house has been burglarized twice since the evicting of his ex- tenants. Be believes that both incidents involved his previous tenants. None of the above mentioned problems would have taken place had the Police Department done their job, initially, and put Mr. Waldbillig's tenant in jail. President Hotton encouraged Mr. Waldbillig to meet with Mayor Mentor and Chief McNeal to work out some type of resolution. 6A - PURCHASE AND 8ALE AGREEMENT FOR PROPERTY AT 922 & 926 WASHINGTON AVENUE, #AB92-232 City Council Resolution No. 2383, adopted March 18, 1992, directed staff to proceed to surplus City owned property at 922 and 926 Washington Avenue. The surplus action was initiated with the completion of an appraisal by Bremerton Appraisal, April 13, 1992. The property was posted and publicly advertised "for sale" during July. Three sealed bids were received, then opened on August 6, 1992. The highest responsible bid was for $147,759.00. The bidder has executed the attached Real Estate Purchase Agreement prepared by the City Attorney. Carol Dickinson, Community Services Manager, stated this issue had been discussed with both Council committees and they did follow a public process for the surplus of the property consistent with Federal HUD guidelines as well the City's surplusing process. President Hotton questioned if Ms. Dickinson would be coming back with a request to budget those funds? Ms. Dickinson explained those fund will be considered Block Grant funds and will go into the Block Grant account. They will be reported as such at the time of the end-of-the year budget adjustment. President Hotton questioned if those funds would be budgeted in 19937 Ms. Dickinson stated it is possible, if the property can be closed early enough, to allocate those funds to the 1993 Block Grant process. If the transaction is closed in 1993, she would either have to go through a special allocation process or allocate them for the'1994 Program. Mr. Colvln questioned if the City lost any money on this transaction? Ms. Dickinson explained the City will come out even and ahead. She was pleased with the sale price compared to the appraised price. Public comment - none. #0608 TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 5 of 16 M/S/C/U(Dawkins/Colvin) motion to authorize the Mayor to execute the Purchase and Sale Agreement with Michael H. Cable, D.V.M. of Big Valley Equine Services P.S., Inc. for purchase of the property at 922 and 926 Washington Avenue, Bremerton, WA 98310. 6C - BUDGET ADJUSTMENT REOUEST TO 8PEND BPA FUNDS FROM EARLY ADOPTION OF NORTHWEST ENERGY CODE, #AB92-234 The early adoption of the Northwest Energy Code entitled us to grant funds, which were to be used specifically for training and specialized equipment purchases, i.e., computers, software, etc. We have received these funds, but no budget process has been requested until now. David Nelson, Building Official, stated the City adopted the Northwest Energy Code nearly three years and collected the first of the funds 11/2 year ago. When he attempted to spend some of those fund he found that the spending authority had not been approved. The proposed budget adjustment would provide the necessary spending authority. Mr. Johnson noted this item was discussed by the Fiscal and Budget Committee. Public comment - none. #0743 M/S/C/U(Fitz/Collins) motion to approve budget adjustment request so that these funds may be utilized. 7D - RESOLUTION NO. 2408, TO FILE LIEN ON PROPERTY AT 3914 SUNDOWN DRIVE, #AB92-239 The owner of the above property has been a constant nuisance to the City and neighborhood for several years. The City has taken several actions on this property and it is the opinion of the building official that our best chance of recouping monies spent is by lien against the property. David Nelson, Building Official, stated the subject site has been under constant care by the department, which has acquired charges against the property. Billing for those charges have been submitted to the property owner, however, there has been no response. He urged Council approval for filing a lien against the property. President Horton questioned since the owner of this property failed to respond to the 72-hour notice is there any kind of penalty that could be levied? Mr. Nelson stated the property owner was cited for violation of the 72-hour notice and had been cited at least six times for different infractions. TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 6 of 16 Public comment - none. #0819 M/S/C/U(Fitz/Johnson) to approve Resolution No. 2408, to file a lien on the above property. 6D - BUDGET ADJUSTMENT REOUEST - HOTEL/CONVENTION AND MARKETPLACE ANALYSIS COMMITMENT OF CITY FUNDS TO RFP, #AB92- 235 City Council Resolution No. 2397, unanimously adopted June 24, 1992, directed the Department of Community Development to prepare two separate Requests for Proposals (RFP's) to solicit professional consultants expert and experienced in: 1) the hospitality industry to complete an economic analysis for a hotel/convention facility on the Bremerton Lumber site; and 2) marketplace economics to identify the types of businesses to be pro-actively recruited in the Central Business District. Staff was further directed to establish a team consisting of business, civic, transit, and both Port and City elected officials to work with staff to select consultants and work with them to complete both economic analyses. The Project Team has been established per City Council direction and fund raising has been initiated. Funding for the RFP is to be provided by the public, private, and non-profit sectors. Resolution No. 2397 was discussed and adopted with the understanding that a Budget Adjustment for up to $10,000 of funds generated from parking revenue would be presented by staff to the City Council. Carol Dickinson, Community Services Manager, stated she was please to report the Project Team has been established and has worked very cooperatively and hard every other week since June to develop the RFP's. As of this date, there is a cash commitment of over $13,000 from non-profit and civic groups, and private individuals contributing to this project. Another list of 7-8 people has been identified for further fund raising efforts. A letter was sent to the Port Of Bremerton requesting that they consider participating to the tune of $5,000, and they will act on that request over the next couple of weeks. This items has been reviewed by both Council committees. It is anticipated the RFP's will be released October 9. Mr. Colvinquestioned if the requested funds would come out of the Roosevelt replacement fund and if so, will it be replaced? President Hotton explained since the study would be done for the benefit of the subject site, this would be a precursor for ultimate development of that site. Mr. Colvin raised the question then there was no intention of using the Roosevelt Fund for a park? President Hotton assured Mr. Colvin that TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 7 of 16 fund would be used to establish a park as replacement for Roosevelt Field. Mr. Johnson pointed out the better the development the more income, which amounts to more parks. President Hotton emphasized all the money coming from that fund either has to go back into the parking lot site or into replacement of Roosevelt Field and ultimately new acquisition and development of parks for the City. Additionally, the Parks Commission has been involved with this proposal and Craig Smith, who is a Parks Commissioner, will serve on the committee that will review the RFP proposals. Mr. Neville questioned if he was correct in his assumption that $10,000 was for both RFP's, not $10,000 each? Ms, Dickinson explained the City would be contributing a total of $10,000 to the project and the project overall is estimated to be a total cost of $30,000, which will fund two RFP's. President Hotton emphasized the City's portion must be designated toward that portion of what will happen to the Bremerton Lumber site for development. Ms. Dickinson stated the City needed to make sure the City's contribution is used specifically for looking at redevelopment of the Bremerton Lumber site property so that proper accounting procedures can be maintained. Mr. Collins stated his recollection of the Resolution on Roosevelt Field was that all funds derived from the property would go to the Parks Department and for replacement of Roosevelt Field. He agreed with the intent of the proposal, but questioned "can we"? Ian 8ievers, City Attorney, stated he would check the ordinance and to his recollection it was the net proceeds revenue from that site and there were allowances that could be made for prudent management expenses and that would include marketing or studies for optimum income for the site. Mr. Overson questioned why is the City not doing the logical action and demolishing the old Bremerton Lumber building and developing it into parking to generate more revenue rather than doing another study? Ms. Dickinson stated she believed her colleagues in the City are looking at demolition of the Bremerton Lumber site and turning it into parking on an interim basis. The purpose of this project is to look at the economics for the ultimate development of the site to maximize income revenue to the City. Mr. Oversonquestioned when would the demolition take place? Mayor Mentor explained the process for demolition has started and will be happening soon. President Horton asked all those in the audience who supported this proposal to please stand. It was noted approximately 14 TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 8 of 16 people stood showing their support of the subject proposal. No one stood in opposition to the proposal. #1139 M/S/C/U(Dawkins/Collins) motion to adopt budget adjustment 92- 22 providing up to $10,000 from the Roosevelt Capital Assets Fund to help fund the Hotel/Convention and Marketplace Analysis Requests for Proposals (RFP's), subject to the City Attorney checking the language of the Ordinance. 6F - REOUEST FOR CITY PARTICIPATION IN LOCAL IMPROVEMENT DISTRICT (L.I.D.) - 4TH STREET BETWEEN WASHINGTON AVENUE AND PACIFIC AVENUE, #AB92-237 This is to request City participation in an owner initiated L.I.D. (Local Improvement District) to improve 4th Street between Washington and Pacific Avenues. Costs and proposed configuration of the street is shown on the attached handout materials. Dave Fergus, partner - Rice Fergus Architects, presented a conceptual design depicting a vision for what 4th Street, between Washington Avenue and Pacific Avenue, could become. That vision would include wider sidewalks with sidewalk cafes, lots of trees, places to sit and enjoy a fountain, piece of art, room to congregate in front of the Roxy Theater, a portal at 4th and Washington Avenue that could be seen from the boardwalk area. He strongly urged City Council to vote in favor of participating in the L.I.D. He believed this type of improvement would instill more pride in the community and attract more businesses to the downtown area. Another benefit of this plan is that it directly promotes the Downtown Comprehensive Plan and 4th Street has been identified as a link to the waterfront. In reference to the cost of this project, an estimate was prepared in May 1992, by the Engineering Department of $390,000, establishing the budget they are working towards. He feels confident with the cost estimate, which includes Washington State Sales Tax and engineering fees. Recently it was learned that the "portal" proposed for the 4th Street entrance would be eligible for block Grant funds possibly upwards to $44,000, which would reduce the estimated cost. Also, some other works items have been eliminated since development of the cost estimate, such as taking improvements across Pacific Avenue and including the intersection in the project. He believed there was some room for cushion in that estimate and the bottom line is that it is desired to have the project stay at the $390,000 limit. He emphasized a very important distinction is that there is a budget that a design TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 9 of 16 can be developed around, rather than being stuck with a design that will be built no matter what it costs. If it appears costs may escalate, steps could be taken to reduce the size of the project but not sacrifice the integrity of the improvements. Lastly, he viewed this as a unique opportunity for the City Council to improve downtown without having to fund 100% of the cost. There are property owners on 4Th Street that see this proposal as a value and want to pitch in and share in the cost. If the City is spending 35 cents on the dollar for this project, he believed that was a terrific investment. Mayor Mentor stated he felt the City was very fortunate to have a group of citizens who want to take a project like this forward. He noted it was not a project that would change the whole City, but it is a start in changing one block and could springboard other actions in other blocks. It is part of an overall plan being worked out for one-way streets in the downtown area. He thanked everyone involved with this proposal and encouraged Council to it as presented. Lou Weir, property owner on 4Th Street, stated he was not trying to change anyone's mind about doing the project, but to point out the timing was very poor. He did not believe enough "homework" was done identifying all the ramifications of such a project. The project proposes to spend almost $400,000 of both private and public funds and is considerably higher when interest is added, plus additional cost overruns or unexpected problems that might occur. The waterfront project is an example of a project where the actual cost is not known because of unexpected problems. He believed the same thing could happen on 4Th Street with the digging up of the streets and sidewalks. He did not believe a thorough study had been done to see exactly what it will cost. He questioned if anyone had talked with property owners in the next block to see if they were interested in expanding such a project into their block? Me believed this project would affect the entire Central Business District (CBD). He questioned if anyone had contacted the rest of the CBD and asked if they want it in the CBD and what affect it will have on their business property values, ingress and egress of traffic, or whether the one-way traffic grid plan proposed fits into the overall one-way traffic system proposed for the downtown area. He believed there were a lot more important projects that need to be undertaken. He noted other cities in the pacific northwest have similar projects only to find out it did not work or accomplish what they wanted to accomplish and then they had to spend a lot of money returning it back to its original condition. Was this something Bremerton would face if it TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 10 of 16 didn't accomplish what it proposes and who will come up with the funding to return it to its present condition if that was desired 4-5 years from now? In his opinion the City should be identifying funding to fix up the 245 4Th Street Building to meet present fire and safety codes, setting an example to other property owners who are having their tenants evicted because their building do not meet code. There are parking problems in the downtown area and effort should be put forth to develop another parking garage. Also, more police protection is needed in the downtown area and he would gladly spend the money he would be required to pay on the L.I.D. for more police protection to reduce crime and violence. He did not believe that by improving the street and sidewalk areas the property owners would improve or upgrade their buildings...some will remain boarded up. The issue of how to fix up those buildings needs to be addressed as well as finding tenants to fill those empty spaces. Finally, Council just voted on spending $10,000 for two RFP's that he favors and one of those RFP's is to do a study on how to bring new business to downtown and how we can improve the CBD to accommodate new customers, tourists and tenants. He questioned why are we looking to do a "fix up" on 4Th Street when we are spending money on a study that may prove that such a project was not desired. He believed this was putting the "cart before the horse". Amy Burnett, Gallery owner, stated she spent 11/2 years in a market analysis pertaining to the feasibility of art in Bremerton, which was unheard of before she started. Her gallery has been in business a little over one year and her marketing analysis was right in that she can bring tourists to Bremerton and that it is probably a fact that Amy Burnett Gallery is doing as good or better as any gallery in Seattle. Her marketing project is working and she is leading with clients in other states - probably over 50% of her sales are from out of the area and a good percentage of those are out of state. She has also studied the proposed project for 4Th Street and believes it is almost a must. The waterfront is great and Bremerton will succeed whether or not there is a 4Th Street connection or not. However, such a connection would bring tourists to the heart of Bremerton and it would seem that merchants would want to create a marketing or merchant loop as large and feasible as possible. The idea of using 5Th Street as a connector to the downtown was less favorable due to the topography and distance. It was suggested using Burwell as a connector street, however, the volume of traffic would detract from such a proposal. Utilization of 2nd Street as a connector would work, however, it would be too small and not really practical. She believed 4Th Street was the perfect TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 11 of 16 merchant retail/tourist loop to bring people into the downtown area and was something that could be done now. She hoped the City Council would see fit to support the L.I.D. Steve Rice, co-owner of Rice Fergus Architects, emphasized it is possible to confuse pedestrian malls with active working streets, which is what is being proposed. He acknowledge pedestrian malls have not been totally successful. He pointed out the cities of Kirkland and Mt. Vernon are two shinning examples of communities who have taken on such a project and find it very successful. Matt Heines, Roxy Theater, stated as a property owner, business owner and a landlord, he enthusiastically supports this project. Downtown Bremerton must continue its progressive thinking and implementation of new projects to benefit the downtown core. The boardwalk is a beautiful new "front door", now we need to concentrate on the rest of the downtown core. Bremerton cannot afford the luxury to think the boardwalk is the "cure all". It is time to clean up the downtown core not only to attract consumer but more importantly to attract new business and keep the current merchants in business. He urged the City Council to consider the future of downtown Bremerton and the future of those who have invested in it. He also encouraged other property owners to support this project and consider their own street for similar projects. Mike Connelly, Trustee of the Bremer Trust, stated several years ago when the Admiral Theater project was started, one of the motivations was to create a magnet that would draw people from the waterfront through the City. This 4th Street proposal is consistent with that and that it why he supports it. Kathleen McCluskey, City Clerk, read into the record a letter received from Barbara Boyd, 2938 Pawnee Drive, which stated her support of the proposal and urged the City Council to join in this endeavor to renew and improve the City. Mrs. Fits reported during a recent planning seminar examples were used showing similar designs of street improvements in many areas of the United States. In many instances there was increased development, business and liveability of the area, and decreases in crime in those areas. She believed studies have been done and this street represents the ideas that are important for a city. She also understands the concerns of the property owners who are opposed to the proposal, however, she will support the proposal as presented. TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 12 of 16 Mr. Overson stated he received significant constituent input on this proposal, which provided the basis for his not supporting the project. The City is leaving a legacy of debt. This proposal does not address the real problem, which is the high crime rate on First Street. This proposal also does not address parking problems that currently exist. The project may have some potential and may be very good once a total program was developed. Also, this looks a little like the 4Th Street building proposal where all kinds of promises were made. Mr. Johnson stated he had received only positive input from his constituents. Getting control of the downtown and controlling drugs and crime in that area must be in concert with amenities and recreation programs working hand-in-hand with Police programs. He also had background of going through the process of previous studies, such as the Cross Sound Center, and during those hearings he thought "why is it the businesses in Bremerton don't come forward and do L.I.D.'s like other cities"? This proposal is a real chance where people on the street have come together and said "let's do it". He felt the City was setting a precedent in that if the City and businesses can do such a project in a down economic year then other can successfully complete such a project as well. Mr. Collins stated he liked the whole idea as proposed and he had received a significant amount of input from constituents about how the City is in debt and everything is "doom and gloom". He would have no problem spending this kind of money, however, he did have to know where the funding would come from before he could lend his support. He was sure each of the businesses had looked very hard at their own budgets and total finances and they know where their funding would come from. He questioned if this project would have an impact on any other part of the budget and how will this affect other entities in the greater business area? Mr. Johnson stated Fiscal and Budget Committee discussed this issue at length. The financing part is actually Step 2, assuming Council approval is given. The City is playing two roles: (1) businessman on the street; (2) the City - who would work with an L.I.D. financing. The financing on the City's part would be eligible from the Street Fund, which is the most logical source. Such a proposal would not be in competition with funding more Police Officers but may compete with addressing potholes in neighborhoods. Mr. Collins questioned if the project was on the Six Year Transportation Plan? Mr. Johnson emphasized only arterial streets have to be included on that plan. i TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 13 of 16 Mr. Colvin stated constituents had asked him to support this proposal, however, he was hesitant to do so until he knew what impact such a project would have on the neighborhoods. He questioned if this project would keep some of the potholes in the neighborhoods for six more years? At the Fiscal and Budget meeting the City Treasurer assured them that this project would have very little impact on the rest of the City's financing. He is satisfied that the project can be built, however, he sympathized with the other property owners and appreciated their concern. President Horton pointed out the City just finished pouring a great deal of money into the boardwalk. Although she believed the boardwalk was a lovely amenity to downtown, she would have preferred to keep to the original budget on the boardwalk and saved that million dollars and done the whole downtown under this kind of configuration. If that had been done, we would now have a community that was a gem of the region. Instead, such a project will happen a block at a time and she felt that was appropriate. In reference to Mr. Overson's comment that there was no proof this project would do anything, she thought that was quite contrary to the information presented at the Planning seminar. The presenter at that seminar stated in some cities where they did this kind of amenities there were whole turnovers of Councils, who voted for the amenities. People in those cities then grudgingly said: "well, I guess you were right this did do for our downtown what we had hoped it would do". Additionally, the seminar presenter stated such development had proven to lower crime rate in those areas. If a project such as this is done on First Street, it may be one of the biggest boons to downtown Bremerton that we could look at. She agreed with Mr. Collins that the funding source needs to be identified and to look at this as a whole packaged plan. She believes that when other downtown business owners see the benefits of such a development they too will come forth with ideas and proposal. She strongly supports this project. Mr. Dawklns noted he is the only Council member who owns a building and business in the downtown area and is very excited over what is being proposed. He will look forward to that kind of development moving farther down 4Th Street to Park Avenue. He believes this project is a step in the right direction. #2446 M/S/C(Dawkins/Colvin) motion to approve for the Mayor to sign the L.I.D. petition on behalf of the City. Vote on motion: In Favor: Neville, Fitz, Horton, Dawkins, Colvin, Johnson TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 14 of 16 Motion carried. Opposed: Overson, Collins 7C - ORDIN]~NCE (FIRST READING) TO INCORPORATE REVOLVING ABATEMENT FUND AS ESTABLISHED IN UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, #AB92-238 The Uniform Code for the Abatement of Dangerous Buildings, as adopted by Bremerton Municipal Code 17.04, and the Bremerton Housing Code, establishes a revolving abatement fund. It has not been the custom of the City to utilize this funding process. The process would be set up so that monies collected as the result of abatement liens, judgements, billings, etc. be revenue into this revolving fund, and said fund would continue from year to year without being subject to general fund policies. Funds would be subject to Council review every three years. Dave Nelson, Building Official, stated after studying this issue it was determined that it should be presented in Ordinance form rather than a Resolution. The intent is to establish a fund to receive fees collected from liens on demolition work and personal judgements and would be carried over from year-to-year. Mr. Overson questioned how will the funds be budgeted under this program? Mr. Nelson explained the funds would go into the revolving fund and used to carry out abatement work. Mr. Overson pointed out there was no wording in the proposal indicting how those funds will be spent. Mr. Nelson explained there are processes under the Dangerous Building Code that he must follow and the ordinance refers to any money collect would go into the revolving fund. Mr. Overson questioned who decides which monies are spent and when? President Hotton stated she assumed it would go through the budgetary process. Mr. Johnson stated currently there is an annual appropriation to an Abatement Fund, which lapses at the end of the year. Generally, when abatements are enforced the owners do not pay and the City then ends up with liens against the property and at some future year and time that lien will get paid to the City. Now, when those funds come into the City, they are placed in the General Fund as miscellaneous revenue and spent on whatever is needed. Probably the amount of income we receive for that would be insufficient to keep the program running until some date after the year 2000. Mr. Overson was correct in that the Administration and Building Official have the authority to utilize those revenues to carry out other abatement projects. Mr. Overson emphasized at various points around the City there are burned out buildings and at some points there are buildings that have been burned twice...those TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 15 of 16 building still stand. A short while ago a restaurant burned near Kitsap Lake and'that building is already being abated. It was his understanding that all it took was the Mayor's desire to have that site cleared, which then moved all those other buildings out of priority and sequence for removal. He questioned if that was the right process? President Hotton stated if Mr. Overson did not like the current process then Council needed to amend that process. If Council desired to do abatements like the Transportation Plan, then maybe that should be done. Mr. Johnson stated the driving factor is to capture the lien funds and not get them spent through the General Fund. Mrs. Fits stated it was her understanding that very few abatements were done until the Housing Code was adopted. Mro Nelson explained the current Housing Code has not been that active in doing abatements that require demolition. Mr. Overson stated he believed Mr. Nelson's pro-activity has been the primary thing behind abatements. Mr. Nelson stated there is a real lack of funds available to do abatements and some are done by how much more dangerous a building is than some other building. Until we have a fund that will cover all abatement needs, someone has to decide which buildings have a priority status to use the funds against, or simply do them in "pecking" order. Currently, the judgement of how those funds are spent falls to him and he generally reviews some of those with the Operations Committee. There are several abated buildings that are high dollar demolitions, which the City does not have funding available. President Horton stated let us assume an owner of a building that is to be abated does have sufficient funds or assets available that they could handle the abatement themselves, rather than place a lien could the City go after a "personal" abatement against the individual who owns the property rather than the property? Ian Sievers, City Attorney, stated yes, that was one of the choices or decision Council is required to make under the Code for Abatement Of Dangerous Buildings when Council is asked to certify the reasonableness of the City's abatement expenses and are asked whether or not this should be attached as a lien to be collected through foreclosure or pursue a civil judgement against the individual. If the City is aware of such assets, then that would be the recommended course of action. A judgement can be obtained quicker and the City can garnish or execute against liquid assets or other properties. President Horton questioned if those dollars would also be applicable to this ordinance? Mr. Sievers stated yes. Mr. Johnson noted Fiscal and Budget Committee may look into adding an exhibit to the City's budget that list #2946 TAPE #1059 City Council Reg. Mtg. Minutes September 23, 1992 Page 16 of 16 holdings that need abatement. Public comment - none. M/S/C/U(Johnson/Colvin) approve Ordinance, on first reading, creating a special revenue fund, which shall be designated as the Uniform Codes Repair And Demolition Revolving Fund. With no further business meeting adjourned at 7:00 P.M. KATHLEEN L. McCLUSKEY, City Clerk ~ORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault