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HomeMy WebLinkAbout10/26/82 Tape #278 CITY COMMISSIONERS MEETING October 26, 1982 Regular meeting of the city Commissioners of the City of Bremerton, Washington, was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington, Tuesday, October 26, 1982 at 9:00 a.m. with Mayor Gene Nelson presiding. Also present were Commissioner Bob Stewart and City Clerk Kathleen Mandio. Commissioner Swanson was out on sick leave. The meeting was opened with the Pledge of Allegiance and the Invoca- tion was given by Pastor Robertson. MINUTES OF OCTOBER 19, 1982 Motion by Commissioner Stewart and Mayor Nelson to approve the minutes as presented, carried unanimously. PAYROLL SLIPS Motion by Commissioner Stewart and Mayor Nelson to approve the following payroll slips, carried unanimously: Judy Holtz, Parking Regulator, Extra Help, Police, $6.78 per hr., effective 10-18-82 George DeMello, Crew Leader, Equipment Rental, 13D to Pay Plan B at $12.48 per hr. includes 3% longevity, effective 10-15-82 Terrie Kirchner, Office Asst. II, Water Dept., 3B to 3C, $6.20 to $6.39, effective 10-13-82 Mary Lou Ulin, Clerks Secretary, terminated 10-29-82 Carl LeRoy Woeck, Jr. Temporary Help, discharged for cause 10-15-82 CLAIM FOR DAMAGES ~ RUBY QUINN A claim for damages has been received on behalf of Mrs. Ruby Quinn for personal injuries sustained from a fall 7-26-82 in the amount of $228.55. This has been sent for department report. WASHINGTON TIMBERLAND MANAGEMENT INC. AGREEMENT Motion by Commissioner Stewart and Mayor Nelson to approve the signing of the above agreement, carried unanimously. COMMUNITY THREATRE - REQUEST TO RENEW LEASE Motion by Mayor Nelson and Commissioner Stewart to approve the request to renew the lease with the Theatre for the building at 599 Lebo Blvd., for another 10 year period, carried unanimously. CLAIM FOR APPROVAL - CHARLES H. FOSTER Motion by Commissioner Stewart and Mayor Nelson to approve payment to Mr. Foster in the amount of $787.55 for auto damages, carried unanimously. CLAIM FOR APPROVAL - SUSAN T. HANEY Motion by Commissioner Stewart and Mayor Nelson to approve payment in the amount of $62.50 to Susan Haney for auto damages, carried unanimously. #0680 APPEAL BY GARY SEXTON Clerk read letter from Gary Sexton regarding the D. J. Stenson Building Permit. Mr- Sexton stated he was representing his client, Mr. Altenburg, who holds a Deed of Trust from Investments by D & D, for an amount due him from them. He felt that his client should have been involved in the decision to grant the application for building permit to Mr. Stenson, as the parcel of land he held Deed of Trust to, was deeded to Mr. Stenson by Investments by D & D so that he would meet the requirements set forth by the Building Department in the issuance of the permit. They felt the land no longer held any value to cover the Deed of Trust Mr. Altenburg held. Other property had been offered to his client, but upon appraisal, found the value not to be sufficient to cover the Deed of Trust he held. Mr. Altenburg's interest in the property had not been disclosed at the time of the application of the permit. A letter from Mr. Gathe, Attorney for D & D Investments, was presented for the record. City Commissioners Meeting October 26, 1982 Page Two SEXTON APPEAL CONTINUED: Mr. Broughton discussed proposed policy to require all persons with an interest in an unpaid parcel of land, sign for a building permit and felt this would be cumbersome. He stated it is a personal property interest not real property. Mr, Bates was questioned regarding the information given at the time of appli- cation. Mr. Mark Cleveland, speaking on behalf of Mr. Stenson and Investments by D & D, explained the purpose of the Deed of Trust as collateral to Mr. Altenburg and the other alternatives they have since offered to him. Mr. Sexton stated the council was now aware of the problem and should act to protect the interest of the citizens . PROCLAMAT ION Mayor Nelson recessed the hearing momentarily to~ present a Proclamation regarding Head Start Awareness during the month of October to Ms. Jeannie Roberts and a group of children from the program. SEXTON APPEAL CONTINUED: Mr. Ted Gathe, attorney for D & D Investments, asked if the build~ ing permit had yet been issued and was told it had not yet been but was ready. He stated that the holder of a Deed of Trust is not the owner of the property, but is strictly a security. He stated any foreclosure action taken by Mr. Altenburg would be difficult as this is a personal interest and not real property interest. Mayor Nelson felt that any revisions to the building permit policies would take a great deal of time for study. Motion by Mayor Nelson to approve the building permit, died for lack of second. This item will be continued to next Tuesday when Commissioner Swanson will be able to participate. The hearing is scheduled for 1:30 p.m. Commissioner Stewar~ felt the City must act to correct the problem. PUBLIC RECOGNITION Mrs. Walterine Taylor, asked who on the new council would be deal- ing with the county officials. She discussed a sewer charge her daughter is paying who lives outside the city but who pays more for city sewer service. RECESS Mr. Attebery stated he would like some clarification on points of recommendation in the Burger King Rezone request, regarding employee parking and litter control. It was stated that employees shall be allowed to use metered parking with a 10 hour meter nothing less; and that litter should be controlled within a 400' radius ~ Clerk read a letter from Mrs. Vi Muth regarding a chronic problem of wastewater/sewer backup into her home for over 19 years and the chronic health and welfare problems she faced from this situation. Don Proctor, Wastewater Supt. stated that her area has had chronic problems and discussed some alternate methods of correction. It was recommended by Council that he prepare a priority list of those areas chronically involved in backup problems during heave rain flow and handle these on an individual basis as quickly as possible, star, t- ing with the Hewitt Avenue area, The combining of storm and sewer lines creates the problem. ORDINANCE RELATING TO EMERGENCY POWERS OF CITY OFFICIALS The purpose of the Ordinance and the granting of certain emergency powers to City officials as it relates to the Abatement of Dangerous Buildings was discussed in some detail~ Motion by Mayor Nelson and Commissioner Stewart to approve on first reading, and not be treated as an emergency, carried unanimously. City Commissioners Meeting October 26, 1982 Page Three 1982 UNIFORM BUILDING CODE Motion by Mayor Nelson and Commissioner Stewart to request the City Attorney to prepare an Ordinance adopting the 1982 Uniform Building Code as~ recommended by the Building D epartment, carried unanimously. CONTRACT #2016 Motion by Mayor Nelson and Commissioner Stewart to accept Contract #2016, Bremerton Tennis Courts, as completed. llth & CALLOW STREET IMPR©VEMENT ~ BID AWARD Motion by Mayor Nelson and Commissioner Stewart to award the bid for the above subject property to Carl T. Madsen, Inc. for the amount of $117,019, carried unanimously. SHERIDAN HILLS ESTATE Motion by Mayor Nelson and Commissioner Stewart to direct the bank to release the remainder of funds held in the Rainier Bank for the above project as it has now been accepted as completed, carried unanimously. SOD BIDS - LIONS COMMUNITY PLAYFIELD It was determined that all bids received for the sodding of the Lions Playfield were to high and it was recommended that they all be rejected. Motion by Mayor Nelson and Commissioner Stewart to reject all bids and that a new bid call be issued to provide mater- ials (sod~ only with the installation being performed by Parks employees and volunteers, carried unanimously. CONTRACT #2224 - FIRE STA #1 - ADDITION A Change Order #4 was presented for council approval in the amount of $8446.00 for windows and accessories to bring the project up to Code. Discussion followed in great length regarding the responsib- ility for this error and costly addition to the project. Mr. Alan Kane, City Engineer, stated the specs did not include this require- ment. It was felt this increase could be high as it was not bid. Motio~ by Commissioner Stewart and Mayor Nelson to approve the Change Order as presented; also to direct the City Attorney to proceed with a claim in this amount against the Architect, carried unanimously. SHREDDER DECLARED SURPLUS Motion by Mayor Nelson and Commissioner Stewart to approve the surplusing of the Cummings Shredder presently used by the Police Department and transferring same to the Treasurer's Department, carried unanimously. GOLD MOUNTAIN GOLF COURSE IRRIGATION PUMP Motion by Commissioner Stewart and Mayor Nelson to accept the above project as completed, carried unanimously. STATE PURCHASING CONTRACT PARTICIPATION Motion by Commissioner Stewart and Mayor Nelson to continue in the Purchasing Participation Program with the Washington State Department of General Services, carried Unanimously. BID AWARD - BRUSH PICKING CONTRACT Motion by Mayor Nelson and Commissioner Stewart to award the bid for brush picking to Wiley's Evergreen based on the 25% of the gross value of brush picked per month with a guaranteed $3250 for the year, carried unanimously. City Commissioners Meeting October 26, 1982 Page Four BILLS FOR PILE DRIVING EXPENSES ~ GOLD /~OUNTAIN PO #15007 Clerk stated that ~voices had been received ~or pile driving services for the Twin Lakes Project and as the costs exceeded the charter limitation, that Council would have to give approval to the costs involved. Mr. Moore explained the emergency need for this expenditure because of unforseen problems. Motion by Commissioner Stewart and Mayor Nel son to approve the expenses as necessary and emergent, carried unanimously. LETTER FROM KITSAP COUNCIL ON AGING Clerk stated a letter had been received from the Kitsap Council on Aging regarding their previous request for revenue sharing funds and that this was for information purposes at this time and would be considered at the next revenue sharing hearing. LETTER FROM KITSAP COUNTY COUNCIL ON ALCOHOLISM Clerk stated a letter had been received from the Kitsap County Council on Alcoholism regarding a consideration for revenue sharing funds. This was for information purposes and will be considered further at the next revenue sharing hearing. MEMO FROM CITY ATTORNEY RE USE OF LAND TITLE INSURANCE - HASELWOOD This was presented at this time as it had been requested from the City Attorney to cover all legalities of using Land Title as Mr. Stewart had acknowledged a financial interest in the company. As Mr. Haselwood-choose the company & Commissioner Stewart did not vote, the invoice should be paid. ORDINANCE NO. 3749 - RELATING TO TRANSIT SUBSIDY TAX REPEAT. Motion by Mayor Nelson and Commissioner Stewart to pass on second reading, AN ORDINANCE repealing Ord. Nos. 3188, 3155 and 2911 relat- ing to Transit Subsidy Tax effective September 30, 1982, carried unanimously. ORDINANCE NO. 3750 - Exclusion of Use Car Dealers from Second Hand Dealers Motion by Commissioner Stewart and Mayor Nelson to pass on second reading, AN ORDINANCE amending Ord. No. 2176 to exclude Used Car Dealers from the definition of Second Hand Dealers, carried unani- mously. ORDINANCE, 1st reading, RE REPEAL OF PROPOSED LIBRARY ANNEXATION Motion by Commissioner Stewart and Mayor Neison to approve on first reading, AN ORDINANCE repealing Ord. No. 3717 which states the intent of the City of Bremerton to annex to, join, and become a part of the Kitsap County Rural Library District; finding that the public interest would be served thereby, and asking for concurrence by the library board, carried unanimously. CRACKER FACTORY - LIQUOR LICENSE REVOCATION Findings of Fact regarding the Liquor Commission revocation of the license issued to the Cracker Factory was discussed by the Council and it was felt appropriate to schedule a hearing with the Licensee to determine the conditions and advisability of renewing their current City License. A scheduled date of hearing was set for November 9, 1982 at 1:30 p.m. City Clerk will so notify the Licensee. LETTER FROM DOWNTOWN MERCHANTS ASSOC. RE SANTA CLAUS PARADE Clerk read letter from Mr. Carpenter of the Downtown Bremerton Merchants Assoc. requesting to hold their Annual Santa Clause and Frosty the Snowman Parade on Saturday, November 27th at 10 a.m. Moti~n by Mayor Nelson and Commissioner Stewart to approve the request, carried unanimously. City Commissioners Meeting October 26, 1982 Page Five COMMISSIONERS REPORTS Mayor Nelso~ stated ~hat he had held a meeting with his depart~ ment heads and others in a work study session to discuss various methods to bring their budgets into balance for th~ coming year. He discussed the proposals and stated future recommendations would be forthcoming. BILLS Motion hy Commissioner Stewart and Mayor Nelson to approve Special warrant ~6373 in the amount of $346.43 and Regular Warrants #06372- #06520 in the amount of $298,070~81, carried unanimously. #1666 Meeting recessed at 12:05 p.m. to reconvene at 1:30 p.m. Reconvened Council meeting at 1:30 p.m. Those present were: Mayor Nelson, Commissioner Stewart, City Clerk Kathleen Mandio. REZONE HEARING --WILLIBALD BOCK -RESIDENTIAL ONE TO RESIDENTIAL TWO Clerk stated this hearing had been advertised and posted according to law. The purpose of the rezone request was to convert part of an existing garage into an apartment unit on a 10,863 sq. ft. lot with a separate existing house. Clerk read into the record, a letter re- ceived from Mrs. Deena C. Hartke stating opposition to the proposed rezone request, but not to the project. Mrs. Kay Wilson, Asst. Planning Director,stated that Mr. Bock had obtained a permit to construct a garage and along the course of progress had subsequently added necessary plumbing and electrical facilities along with studding and framing for a one bedroom apart- ment. A Stop Work Order had been issued until the proper course of action could be taken. Mr. Bock confirmed the above, stating that all steps he had taken had been inspected and approved by the City inspectors. He stated he already had the sewer lines connected, running a 4" line from the garage unit and hooked into the resident hookup. Mr. John Pooler, neighbor, stated he had no objections to the project but had some questions concerning the rezone and its affect on the surrounding area. Mr. Dave Baker, discussed the Engineering Department requirement of a 6" sewer line over a 4" that had been installed by Mr. Bock. It was stated that the 6" require- ment is to meet City codes. Motion by Mayor Nelson and Commissioner Stewart to approve the rezone with the following conditions: 1. This rezone is subject to the various requirements contained 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 appli- cable provisions 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 therein. 3. Any changes, revisions or additions which constitute a signifi- cant 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. City Commissioners Meeting October 26, 1982 Page Six BOCK REZONE CONDITIONS CONTINUED~ 4. The subject apartment unit shall not be expanded unless additional parking is provided as determined by the Planning Commission, subject to appeal to the City Council within ten (10) calendar days. 5. Prior to the issuance of an occupancy permit the developer shall: a. Construct a sewer connection per Engineering Department requirements, provided that a 4 inch rather than 6 inch side sewer pipe is permitted. b. Make necessary alterations to satisfy Fire Department requirements . c. Comply with all requirements listed above. carried unanimously. Meeting adjourned at 3:10 p.m. KATHLEEN L. MANDIO, City Clerk APPROVED: GENE NELSON, Mayor Tape #278, Side #2