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Home My WebLink About11/02/86 Tape ~278 UNAPPROVED Side #2 ~ ~ ~, -- MINUTES 5088 November 2, 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 2, 1982 at 9:00 a.m. with Mayor Nelson presiding. Also present were Commissioner Stewart and City Clerk Mandio. Commissioner Swanson entered the meeting at 9:05 a.m. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Pastor Robertson. MINUTES OF OCTOBER 26, 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: Linda Thornburgh, Temporary Help, City Clerk's office $5.00 to $5.50 per hr. effective November 1, 1982 Andrew Oakley 3rd to 4th yr. Patrolman, Police $10.90 to $11.40 per hr., effective November 12, 1982. Alan Hornburg 3rd to 4th yr. Patrolman, Police $10.90 to $11.40 per hr., effective November 12, 1982. Donald Barde 3rd to 4th yr. Patrolman, Police $10.90 to $11.40 per hr., effective November 12, 1982. Mark McDonough, Temporary Help, Street Dept., end of temporary employment, effective November 5, 1982. REGIONAL LIBRARY CLAIM Motion by Commissioner Stewart and Mayor Nelson to approve claim for contributions to Regional Library in the amount of $20,833.33, carried unanimously. LIBRARY CONTRACT Motion by Commissioner Stewart and Mayor Nelson to approve Agreement with the Library whereby the library extends services to the City pursuant to provisions of the Washington State library laws, carried unanimously. AGREEMENT FOR CONTINUATION OF TRANSIT SERVICE Motion by Commissioner Stewart and Mayor Nelson to approve Agree- ment for Continuation Of Transit Service, carried unanimously. AMENDED GRANT AGREEMENT ACQUISITION OF NEW TRANSIT COACHES Discussion followed regarding purchasing an additional transit coach and it was agreed this should be forwarded to PTBA for review. LETTER FROM VAUGHN BUS PASSENGERS Clerk read letter from passengers of the Vaughn Bus with list of petitioners attached. This letter will be forwarded to Mr. Cole of BMT. 5099 DECISION RE: USS Missouri Model Mayor Nelson stated that Fred Nutti is willing to sell the USS Missouri model for $2,000. The Commissioners asked that the City Attorney provide a legal opinion regarding use of the motel tax monies for this purchase. City Commissioners Meeting November 2, 1982 Page Two Side 2 AGREEMENT WITH KITSAP RIFLE AND REVOLVER CLUB 5154 City Clerk read memo from Asst. City Attorney Collings regarding agreement between the City and KRRC. Commissioner Stewart asked the City Attorney to review State statute for a possible exemption from the tax for their non-profit status. PETITION OF WRIT: Olympic Peninsula Services and City of Bremerton et.al. City Clerk stated this Petition of Writ will go to the insurance company and City Attorney. 5184 SALE OF BONDS FOR FIRE STATION Motion by Commissioner Stewart and Mayor Nelson to start the process of selling bonds for the fire station, carried unanimously. City Attorney Broughton entered the meeting at this time. MUNICIPAL RESEARCH AND SERVICES CENTER OF WASHINGTON RE: Joint Housing Authority Contract Motion by Commissioners Stewart and Swanson to give notice of termination to the Joint Housing Authority, carried as follows: Mayor Nelson, NO; Commissioner Stewart, YES; Commissioner Swanson, YES. REQUEST BID CALL FOR BUILDING MATERIALS Motion by Commissioner Stewart and Mayor Nelson to approve the Bid Call request for building materials, carried unanimously. ~ITY ASSET SURPLUSING PROCEDURE It was determined after discussion that an in depth review is required to address other areas of surplusing. CLAIM FOR DAMAGES RE: Dale G. Schuster, Jr. City Clerk read memo from City Attorney recommending denial of this claim. Motion by Commissioner Swanson and Mayor Nelson to deny the claim of Dale G. Schuster, Jr., carried unanimously. CHANGE ORDER NO. 1 on CONTRACT #2278 Motion by Commissioners Stewart and Swanson to approve Change Order No. 1 on Contract #2278 with Bremerton Roofing in the amount of $110.00, carried unanimously. 5200 LIBRARY CONTRACT City Attorney Broughton requested an additional sentence after page 3 para. 3 C, to read "~hi. le a ne~ rate is being negotiated the old rate ~ill be applied and the new rate will be retroactive when determined." Motion 5y Commissioner Stewart and CoI~nissionex Swanson to approve the amendment, carried unanimously. 5252 EASEMENT REQUEST ACROSS CITY OWNED PROPERTY Memo from City Engineer outlined the request for easement to the Zimmerman's- Current easement is in name of the previous owners. The Commissioners discussed the future use of the easement and the need for this easement. Mr. Kane, City Engineer, suggested con- ditions regarding restoration of the road, maintenance and timber rights. Motion by Commissioners Stewart and Swanson to grant easement to run with the property~ carried, Mayor Nelson, NO; Commissioner Stewart, YES; Commissioner Sawnson, YES, Commissioner Swanson stated he would rather grant the easement to the C~unty in the event they extend the road. Motion by Commissioner Swanson and Mayor Nelson to amend the easement to reflect that it will go to the County at such time as they extend the road, carried unanimously. City Commissioners Meeting November 2, 1982 Page Three GOLD MOUNTAIN & IRONSIDES FIRE STATION BID AWARDS Motion by Commissioner Stewart and Mayor Nelson to award contracts as follows: Gold Mountain Golf Course Roof Flashing to Bremerton Roofing at low bid of $5,047.98 and Manette Fire Station Re-Roofing to Bremerton Roofing at low bid of $13,626.66, carried unanimously° JACK POTTER/M & P INVESTMENTS ANNEXATION Motion by Commissioner Stewart and Mayor Nelson to the Planning Com m~ssion for recommendation regarding annexation, carried unanimously LETTER REGARDING SNYDER REZONE City Clerk read letter from Allen S. White for informational pur- poses regarding the Snyder Rezone. The Clerk explained this letter arrived too late to effect the rezone. Letter is on file in the Clerk's office. RESOLUTION NO. 1955 - Emergency Piling Driving Motion by Mayor Nelson and Commissioner Stewart to pass Resolution No. 1955, carried unanimously. 5470 ORDINANCE, 1st reading, To Repeal Provisions Relating to Amusements Operator's Licenses Motion by Mayor Nelson and Commissioner Stewart to approve on first reading, AN ORDINANCE amending Ord. 3669 to repeal provisions relating to amusement operator's licenses, carried unanimously. 5538 PUBLIC RECOGNITION W. Taylor stated she wished to express her appreciation to the City Commissioners for their cooperation in allowing the public to speak at the Council Meetings. Tape 279 Willie Bock spoke regarding the Snyder Ave Rezone from R-1 to R-2 Side 1 aad sewer hookup. Commissioner Swanson and Dave Baker, Asst. City En ineer explained the necessity of a 4" ipe in lieu of 3" pipe, an~ discussed the moratorium on sewer hoo~ups. Recess 10:40 to 10:50 ORDINANCE, 1st reading, Visitor Parking Permit Tom Pratt, Bremerton Police Department requested a change in Section 5 whereby the Police Department would have authority to revoke a visitor's parking pass found to be in violation. Motion by Commissioners Stewart and Swanson to amend Section 5, carried unanimously. Commissioners discussed eliminating name and license number o~ permits. Mayor Nelson expressed interest in keeping the Ordinance as simple as possible in an effort to promote tourism. Motion by Mayor Nelson and Commissioner Swanson to eliminate Section 3 A and C, carried unanimously. Motion by Mayor Nelson and Commissioner Stewart to approve on first reading, AN ORDINANCE exempting visitors attending Conventions or other associational or organizational meetings in Bremerton from paying for metered parking, carried unanimously. ORDINANCE, 1st reading, Lobe Rezone Motion by Mayor Nelson and Commissioner Swanson to approve on first reading, AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (Lobe), carried as follows: Mayor Nelson, Yes; Commissioner Stewart, No; Commissioner Swanson~ Yes. ORDINANCE, 1st reading, 1982 Uniform Building Code Motion by Mayor Nelson and Commissioner Swanson to approve on first reading, AN ORDINANCE repealing Ordinance No. 3548 and adopting the 1982 Uniform Building Code., carried unanimously. City Commissioners Meeting November 2, 1982 Page Four ORDINANCE NO. 3752 - Kitsap County Rural Library District Motion by Commissioner Stewart and Mayor Nelson to pass on second reading, AN ORDINANCE repealing Ordinance 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 con- currence by the library, carried unanimously. ORDINANCE NO. 3751 Emergency Powers of the City Officials Commissioner Swanson read from BMC 9.A.44.090 and stated in his opinion no other ordinance is needed. Discussion followed between the City Commissioners and the City Attorney-with the decision not to take action at this time. CLAIMS Motion by Commissioner Stewart and Mayor Nelson to approve claims as follows: FICA in amount $10,009.49; Payroll in amount $192,150.24 and Retirees in amount $41,493.27, carried unanimously. BILLS Motion by Commissioners Stewart and Mayor Nelson to approve bills as follows: Voucher No. 6521 thru 6524 inclusive in amount of $12,300.10 and Voucher No. 6530 thru 6657 inclusive in amount of $243,579.46, carried unanimously. Side 1 1983 PRELIMINARY BUDGET 1850 City Clerk read memo from City Treasurer stating the City of Bremerton has a balanced preliminary budget. Leo Olney, City Treasurer stated a condensed annual report will be available for the public. BOILER AND MACHINERY INSURANCE COVERAGE City Clerk presented claim to H & K Agency, Inc. for insurance coverage for boiler and machinery to expire May 20, 1983 in the amount of $4,038.00. Motion by Mayor Nelson and Commissioner Swanson to approve the claim, carried unanimously. HOFFMAN CONSTRUCTION CO. LEASE OF CITY PROPERTY Motion by Commissioner Stewart and Mayor Nelson to extend lease of City Property on Sinclair Inlet, which expires October 23, 1982, another six months and month-to-month after the six months period, with increase in rent based upon CPI; carried unanimously. ORDINANCE NO. 1760 - PUBLICATIONS City Clerk requested this Ordinance be repealed, and the City negoitiate with The Bremerton Sun for publication of legal notices. Clerk explained that research by the Asst. Purchasing Agent, places The Bremerton Sun in position of sole supplier. Motion by Commissioner Stewart and Mayor Nelson to repeal Ordinance 1760 and negotiate with The Bremerton Sun for publication of legal notices, carried unanimously. RESTRICTIVE PARKING ORDINANCE City Commissioners felt there would not be enough time before the new form of government comes into being, as there would have to be formal hearings and testimony. Decision to table at this time. Recessed at 12:00 noon City Commissioners Meeting November 2, 1982 Page Five #2095 SEXTON APPEAL RE BUILDING PERMIT INSURANCE Gary Sexton, Attorney for Walt Altenberg, reviewed the issues as they pertain to issuance of a building permit to Mr. Stenson. For illustration purposes "Parcel A" is considered the Stenson property, "Parcel B" the Deed of Trust (Altenberg) property. Mr. Sexton maintained the use of Parcel B for open space would diminish his client's $17,000 interest in the parcel. He felt a policy should be established asto who can sign for a building permit. He discussed a possible non-conforming use if they fore- close on Deed of Trust. If there were a requirement on the permit that their real property interest is not affected they would have no problem with issuance. Mr. Gathe, Attorney for Stenson, re-stated his position this is ?ape #279 not a real property interest or conveyance. He discussed the Side A authority of those issuing building permits as ministerial. It #2463 is not discretionary. He feels the interest in Parcel B is not diluted. Ken Attebery discussed subdivision and requirements of zoning for use of Parcel A for a triplex. Mayor Nelson stated this is one parcel of property and we should not get into areas beyond the requirements for issuance of a permit. Commissioner Swanson felt the parcels had been divided by the actions taken. Mr. Broughton stated a variance would be needed to grant the permit to Parcel A only. ?ape #279 There was further discussion regarding foreclosure, non-conforming Side B use, and the responsibility of the City. Commissioner Swanson discussed possible loss of rights of Parcel B. There was further discussion regarding other security rather than this property and the deed encompassing both parcels. Mr. Stenson said he would not allow the deed to cover both parcels but that other land and contract interest had been offered and refused. Motion by Mayor Nelson to issue the permit. Died for lack of a second. Motion by Commissioners Stewart and Swanson to postpone decision for two weeks, carried as follows: Mayor Nelson, NO; Commissioner Stewart, YES; Commissionerson Swanson, NO. Motion by Commissioner Swanson that the building permit be issued with no attachment on lot B. Died for lack of a second. Motion by Mayor Nelson to issue the permit. Died for lack of a second. Motion by Commissioner Stewart and Swanson to postpone for two weeks, carried as follows: Mayor Nelson, NO; Commissioner Stewart, YES; Commissioner Swanson, Yes. Motion by Commissioner Stewart and Mayor Nelson to have the Planning Commissioner hear this matter on November 4th regarding a variance for Parcel A, carried unanimously. Meeting adjourned at 2:45 p.m. KATHLEEN L. MANDIO, City Clerk GENE NELSON, Mayor Tape #279, Side 2