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Home My WebLink About11/16/82 -- ~Unapproved Minutes Tape #280 2o16 CITY COMMISSIONRRS MINUT~.S November 16, 1982 Regular meeting of the City Commissioners of the City of Bremerton, Washington was held in the Council Chambers, 239 Fourth Street, Bremerton WA, Tuesday, November 16, 1982 at 9:00 a.m. with Mayor Nelson presiding. Also present were Commissioner Swanson, City Clerk Mandio and City Attorney Broughton. Commissioner Stewart was absent due to having the pin removed from his arm on Monday. The meeting was opened with the Pledge of Allegiance and the invocation was given by Mayor Nelson. MINUTES OF NOVEMBER 9, 1982 Motion by Commissioner Swanson and Mayor Nelson to approve the minutes as presented, carried unanimously. PAYROLL SLIPS Motion by Commissioner Swanson and Mayor Nelson to approve the following payroll slips; carried unanimously. Joe A. Shoemaker, Captain Police Dept. Disability Retirement, effective November 17, 1982. R. Wes Henry, Jr., Sgt. Police Dept. Disability Retirement, effective November 12, 1982. Jack C. Morris, Temporary Help Street Dept., $4.00, effective November 15, 1982 to terminate December 31, 1982. Elaine Henderson, Provisional appointment to Department Secre- tary, 6C at $7.71 includes 1% long., effective Nov. 1, 1982. HOUSING INFORMATION AND REFERRAL SERVICES AGREEMENT Clerk presented the above stated agreement with memo from City Attorney to strike para 15 (2) relating to Auto Liability Ins. Colleen Donley, Planning Dept. explained the reason for having this portion striken. Motion by Commissioner Swanson and Mayor Nelson to approve the agreement with the changes, carried unanimously. KCAP REQUEST FOR CITY ENDORSEMENT OF 1983 COMMUNITY SERVICES BLOCK GRANT BUDGET AND WORK PLAN Motion by Commissioner Swanson and Mayor Nelson to endorse KCAP 1983 Community Services Block Grant Budget and Work Plan, carried unanimously. CLAIMS FOR DAMAGES Clerk presented a claim for damages from Donald Z. Ames, Jr., for his car being towed from in front of his home without his knowledge, and asking the City to pay the towing charge. Clerk read memo from City Attorney stating the City is not responsible for the towing charge, as the vehicle had been ticketed and 72 hrs later was not removed, and therefore was impounded. #2033 Mr. Ames explained he did not know the vehicle had been ticketed or have knowledge of the existing ordinance. He explained he is out of work due to injury and pending surgery to his wrist. He stated he is willing to do community service work to pay tke towing charge of $48, if Labor and Industry approves. Motion by Mayor Nelson and Commissioner Swanson to approve community service work, carried unanimously. Clerk presented claim for damages from Milton Lukkasson, 1811 llst St. for sewer backup due to heavy rains on Oct 22, 1982. Amount to be determined at a later date. Clerk stated this will be sent to the insurance company when department report has been received. City Commissioners Minutes November 16, 1982 Page Two STREET RUN Clerk read letter from Steve Kager, Director of Student Program and Activities at Olympic College requesting a street run on Sat, March 19, 1983, approx. 9:00 a.m. to 10:00 a.m. Motion by Mayor Nelson and Commissioner Swanson to approve street run subject to details being worked out with the Police and Street Departments, carried unanimously. CHRISTMAS WINDOW PAINTING PROPOSAL Clerk presented proposal from Windows by Rayoeare for painting of City Hall windows during the holidays. #2213 Mayor Nelson stated he didn't know if the City does this and therefore brought it before the Council. The Clerk stated this has not been done in the past. City Attorney Broughton stated he feels the constitution will not permit City money to be spent in this manner~ FINANCING PACKAGE FOR DOWNTOWN REDEVELOPMENT PROJECT Clerk presented proposal from Boettcher & Company-Northwest for financing package for downtown redevelopment project, for informational purposes. MODEL OF USS MISSOURI #2253 Mayor Nelson discussed purchasing the model of USS Missouri which is presently in City Hall. City Attorney Broughton stated this could be the same as the window painting. Discussion followed regarding intrinsic value and Attorney General'~s opinion. Motion by Mayor Nelson and Commissioner Swanson to purchase USS Missouri model for $1,990 pending approval of Attorney~ office, carried unanimously. PINE ROAD INTERCEPTOR, EPA GRANT Motion by Commissioner Swanson and Mayor Nelson to approve the Pine Road Intercept Grant Agreement, carried unanimously. BUSINESS LICENSE ISSUED FOR NOVEMBER Clerk present current list of business licenses issued. This list is on file in the Clerk's office. RATE INCREASE FOR KITSAP PUBLIC SERVICES AND OLYMPIC AMBULANCE #2330 Clerk presented rate increase schedule for 1983 from Kitsap Puhlilc Servicest Mr, Littlejohn ~as present with~ rate increase schedule for Olympic Ambulance.. Following discussion, decision was made to review new rates'and.cnrrent~rates a~d return to Council next week. RESOLUTION NO. 1956 - INCREASE RETIRED EMPLOYEES BENEFITS Motion by Mayor Nelson and Commissioner Swanson to approve Resolution No. 1956, carried unanimously. #2430 ORDINANCE 3751 - EMERGENCY POWERS Commissioner Swanson stated he would like the ordinance to be more specific regarding dangerous buildings. Mayor Nelson concurred. Held over for another week. ORDINANCE #3754 - VISITOR PARKING PERMITS Held over for another week pending changes by City Attorney. ORDINANCE #3756 - BOCK Commissioner Swanson stated he was not present at the hearing and asked this be held over for next week's Council meeting. ORDINANCE #3757 - CITY ADVERTISING Motion by Mayor Nelson and Commissioner Swanson to pass on second reading, AN ORDINANCE repealing Ordinance No. 1760 which states that the contract for the city advertising of the City of Bremerton Washington, shall be let annually for the term of the calendar year City Commissioners Minutes November 16, 1982 Page Three ORDINANCE #3757 - CITY ADVERTISING contd prior to the commencement of each such year to the lowest respon- sible bidder after advertising for bids as provided by the City charter; provided, however, that the city council may consider the matter of circulation in awarding the contract for advertis- ing with a view of giving said advertising wide publicity; and further provided that at the third regulard meeting of the council held in the month of February, 1948, such contract shall be let only for the balance of said year. The successful bidder shall be the official newspaper of the City of Bremerton for the term of such contract, carried unanimously. EMPLOYEE'S RETIREMENT FUND Motion by Commissioner Swanson and Mayor Nelson to approve employee's retirement fund in the amount of $4,313.23, carried unanimously. PROCLAMATION Clerk presented Mayor's proclamation for Bible Week in Bremerton, November 21 through 28, 1982. CHANGE ORDER #1 - TIMBER SALE #1-82 LINCOLN LOG THINNING Motion by Commissioner Swanson and Mayor Nelson to approve Change Order No. 1 - Timber Sale #1-82 Lincoln Log Thinning in the amount of $810.00, carried unanimously. EXECUTIVE SESSION REQUE~___T Clerk read memo from Personnel Director requesting City Council Executive session for purpose of labor negotations. Time was set immediately following 10:00 a.m. public recognition in the Mayor's office. COMMISSIONERS REPORTS Mayor Nelson discussed the use of the "Goodtimes II" boat for interm ferry services and congratulated all those who put this through and for the fast work. Recess at 9:50 to 10:00 10:00 PUBLIC RECOGNITION Mr. Strait, Bremerton! stated on December 12, 1982 at the Cascade Building there will be a Comprehensive Report on lake study. He stated they would especially like to have county representatives present with ordinance and building code knowledge. Preliminary discussion indicates new ordinances or changes and new building codes may be required. Recess at 10:05 for Executive Session Reconvened Council meeting at 1:30 p.m. Those present were: Mayor Nelson, Commissioner Swanson, City Clerk Mandio. #2519 BUILDING PERMIT APPEAL - SEXTON/STENSON Clerk read Planning Department's Advisory Report regarding Findings, Conclusions and Recommendations. Planning Department recommended denial 2-1 with 1 abstention. Kay Wilson, Asst. Planning Director gave a brief background, stating Mr. Darrell Stenson requested a building permit to add an additional unit to an existing duplex. ~D~s Wilson stated the City Attorney advised two things. The City has no choice but to issue the permit for the whole parcel as this is a ministrial act, but it should not be issued for the smaller parcel as it does not meet criteria for granting a variance. City Commissioners Minutes November 16, 1982 Page Four SEXTON/STENSON HEARING contd Ms Wilson stated the Planning Commission denial is based on 1) this would set a precedence for larger areas, and 2) it does not meet required criteria for variance. Mayor Nelson asked that the City Attorney be present at this hearing. Commissioner Swanson stated that a title search revealed the owner to be D&D Investment and no record was found of a division of property. Mr. Stenson, 1214 Warren Ave No., Seattle stated he is the owner of record and pays the taxes on Parcel B. Mr. Gary Sexton, Attorney for Walt Altenberg, owner of Parcel A, read from UBC 416 defining ownership and spoke in his client's behalf to deny the building permit.' City Attorney Broughton entered the meeting and re-stated his opinion, advising granting the permit. Discussion .followed regard- ing ownership and granting or denying the permit. Motion by Mayor Nelson to grant the building permit. Died for lack of second. No further action was t~ken. Motion by Mayor Nelson and Commissioner Swanson to deny the variance, carried unanimously. #0563 CHRISTMAN REZONE Thi~ hearing for rezone and variance was posted and advertised as required by law. Clerk read Planning Department's Advisory Report. The purpose of the request from R-1 to B-2 or B-3 and application for variance is to bring zoning into conformance with existing use and with County zoning classification in effect prior to annexation to City and to allow new addition to be constructed into rear yard setback as an extension of existing building. Kay Wilson, Planning Department gave background and explained the variance is required due to depth of the rear yard and septic tank. Ms Wilson stated the Planning Commission recom- mendation is for rezone to B-2 rather than B-3. There was discussion regarding B-2 and B-3 zone, Ms Wilson explained B-2 zone requires 32 ft. from center line and B-3 requires 40 ft. With B-3 zoning a variance would be required to allow for parking in front. Motion by ~ayor Nelson and Commissioner Swanson to grant B-3 with conditions as follows, 1. This rezone is subject to the various requirements con- tained in the Bremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provi- sions contained therein. 2. The site should be developed essentially the same as the site plan labeled Exhibit "B" except as modified to meet conditions of approval listed herein. 3. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of the Planning Commission, subject to appeal to the City Council within ten (10) calendar days. 4. Prior to the issuance of a building permit the developer must obtain Health Department approval of the septic system~ and waive variance fees if variance is required, carried unanimously. City Commissioners Minutes November 16, 1982 Page Five #0972 HOLD HARMLESS Motion by Mayor Nelson and Commissioner Swanson to sign Hold Harmless to PSNS for use of First Street 30 ft. barge and 25 ft. gangway, carried unanimously. Meeting adjourned at 2:23 p.m. KATHLEEN L. MANDIO, City Clerk APPROVED · GE NELSON, Mayor