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-
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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