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HomeMy WebLinkAbout04/20/82Regular meeting of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, Tuesday, April 20, 1982 at 9:00 a.m. with Mayor Gene Nelson presiding. Also present were Commissioners Bob Stewart and Tom Swanson and City Clerk Kathleen Mandio. The meeting was opened with the Pledge of Allegiance and the Invocation was given by Pastor Robertson of the Emmanual Apostolic Church. MINUTES OF APRIL 13, 1982 Motion by Commissioner Stewart and Mayor Nelson to approve the minutes as presented, carried unanimously. NOTICES OF EMPLOYMENT, CHANGE OF PAY STATUS, SEPARATIONS Mark Anthony Dickerson, Extra Help, General Facilities, $4.00 per hr., effective 4-19-82 John G. Jaynes, Service Specialist Sr., Water Dept., 1% - 2% longev- ity, $9.90 tQ $10.01 per hr., effective 4-3-82 Jim Cobb, Equip. Mechanic Sr., Water Dept., 13C - 13D + 3 @ $11.36 effective 4-16-82 Cedric E. Riggs Jr., Foreman, Water Dept., 1% - 2%, $11.38 $11.50 per hr., effective 4-3-82 Lawrence D. Worland, Serg. V/Over, Police, 2% - 3%, $13.47 to $13.60 per hr., effective 4-11-82 Steve Davis, Bicycle Program Coordinator, End of Temporary Employ- ment, lack of funds, effective 4-19-82 Gerald Wheeier, Business License Inspector, resigned effective 4-30-82 Motion by Mayor Nelson and Commissioner Stewart to approve the Notices of Employment, Change of Pay Status Requests and Resigna- tions as presented, carried unanimously. 1982 Tentative Agreement - Teamster Local 589 (Non Uniform Employees) Clerk presented 1982 Tenative Agreement - Teamster Local 589 - Non Uniform Employees Agreement for approval. Motion by Mayor Nelson and Commissioner Swanson to approve the Agreement as presented, carried as follows: Mayor Nelson, yes; Commissioner Stewart No, Commissioner Swanson, yes. Commissioner Swanson stated this was comparable to the Police and Fire Agreement, granting a 7.5% increase and some steps allowed for those reaching the-top of the pay scale. Commissioner Stewart stated he did not like the extra steps which had been added, which were above longevity, and felt it was wrong. 1982 Salary Compensation: Management and Exempt Personnel Clerk presented 1982 Salary Compensation for Management and Exempt Personnel listing reflecting a 7.5% annual increase for approval. Motion by Mayor Nelson and Commissioner Swanson to approve the 1982 Salary Compensation for Management and Exempt Personnel, carried unanimously. WRIT OF CERTIORARI - LESLIE W. ROSE Clerk presented a Writ of Certiorarifor Leslie W. Rose vs- City of Bremerton Police Disability Board. WRIT TO CIVIL SERVICE COMMISSION - JOE A. SHOEMAKER Clerk presented a Writ to Civil Service Commission for Joe A. Shoemaker vs. Civil Service Commission of Bremerton. City Commissioners Meeting April 20, 19~12 Page Two HYDROFOIL BAILMENT AGREEMENT Mayor Nelson statcd contact had been made with Mr. and Mrs. Samuel Kleinman, for the use and storage of the experimental hydro- foil "Fresh One". This hydrofoil will be added as a tourist attrac- tion and will be available until September 1, 1982 adjacent to the USS Missouri. Provision of the Agreement were discussed. Motion by Mayor Nelson and Commissioner Stewart to approve the agreement, carried unanimously. PLAYTIME THEATER CASE DISCUSSION #1125 Mayor Nelson stated he wished to discuss the decision regarding the Playtime Theater case and obtain the advise of the City Attorney regarding a possible appeal. Discussion followed regarding the de- cisio~ being upheld and the legal costs of that effort. Also dis- cussed was the need to continue this type of control and enforce- ment in the future. It was the recommendation of the City Attorney not to prepare an appeal motion in this case, but that we should con- tinue our efforts in a positive direction of control. Motion by Mayor Nelson and Commissioner Stewart to not appeal the Play~me Theater decision, carried unanimously. Motion by Commissioner Swanson and Mayor Nelson to have the City Attorney review our ordinance and return with a more positive alternative in the future, carried unanimously. CLAIM FOR DAMAGES - Eastside Subaru Inc. Clerk presented Claim for Damages on behalf of Eastside Subaru Inco in the estimated amount of $800 for wa~er damages. This has been sent for department report. YWCA LETTER RE "RUN TO KEEP ALIVE" Clerk read letter from YWCA Alive program requesting permission to hold second annual "Run to Keep Alive" on May 22, 1982. Motion by Commissioner Stewart and Mayor Nelson to approve the request with Police Department recommendation, carried unanimously. MANETTE NEIGHBORHOOD ASSOC. REQUEST FOR BLACKTOPPING MINI PARK - 9th and LOWER SHORE DRIVE AREA ~lerk read letter from Manette Neighborhood Assoc. requesting funds be appropriated for blacktopping for a small park'area. Approximate cost would be $1200 to $1500. Motion by Mayor Nelson and Commissioner Swanson to approve the request wit~a final assessment figure to be returned to council, by ~r. Brees'& Mr. Foley, carried unanimously. FLOAT COMMITTEE LETTER Clerk read letter from Mr. Blankenship, PSNS Float Committee Chair- man regarding the need for more publicity and questioning the insur- ance needs. Commissioner Swanson expressed the need to have the Committee be made aware of tighter security of the facility. Mayor Nelson advised the Clerk to write Mr. Blankenship regarding insurance and security. US NAVY LETTER RE CONTRACT FOR MUSEUM MODELS Clerk read letter from US Navy re renewal of the contract for exhibition and loand of the technical ship models presently on display at the Historical Museum. Motion by Mayor Nelson and Commissioner Swanson to approve renewing the contract, carried unanimously. City Commissioners Meeting April 20, 1982 Page Three HOLIDAY INN SIGN REQUEST ~erk presented the request from the Holiday Inn for placement of a sign of advertisement on City property on the City pump building on Second Avenue. Discussion followed regarding the necessity of having a maintenance clause added to any agreement for the use of City property for hanging of signs and the establishment of a uniform policy for this purpose. Motion by Commissioner Stewart and Mayor Nelson to have Commissioner Swanson negotiate a contract and return to the Coun'cil, ca~ri~dasfollows: ~yor Nelson, yes; ~ issioner Stewart, yes; CoFmissionerSwanson,no. GENERAL CLAIM FOR APPROVAL - KITSAP CO. HUMANE SOCIETY Clerk presented General Claim in the amount of $2,200.50 for the period 4-1 thru 4-15-82 to the Humane Society for animal control. Motion by Mayor Nelson and Commissioner Stewart to approve the claim as presented, carried unanimously. It is noted that contract negotiations are presently under discussion. ITEM OF SURPLUS - COMMUNICATIONS Clerk read memo from Communications requesting to surplus One electromechanieal traffic signal controller to be disposed of in the best interest of the City. Motion to approve, carried unani- mously. DISCUSSION RE POSSIBLE LEASING OF PARKING SPACES FOR CITY VEHICLES Mayor Nelson stated he felt we should consider the leasing of 3-4 parking spaces from Diamond Parking for the use of city vehicles while conducting city business. Discussion followed regarding the lack of parking and the number of spaces which should be considered. Motion by Commissioners Stewart and Swanson to have Mayor Nelson negotiate with Diamond Parking for 6-8 parking spaces, carried unanimously. BID AWARD -' PROTECTIVE VESTS ~lerk read memo from Police Department recommending bid award for protective vests to Sargent-Sowell as the low bidder. Motion by Mayor Nelson and Commissioner Stewart to approve the award of bid, carried unanimously. MEMO FROM CITY TREASURER RE TAX REVENUES Clerk read memo from City Treasurer showing estimated net increase of tax revenues due to sales tax implementation on food. Also proposed was to reduce the utility tax on electricity and telephone to 4%. Mayor Nelson stated he felt we should wait until we have collected the revenues before reducing the utilities tax. Conmissioner Stewart asked thatthisbediscussedagainin30days. EMANUEL XENOS REQUEST FOR MODIFICATION OF OUTSIDE UTILITY AGREEMENT Allan Kane, City Engineer, stated the original request approved by Council 6-10-80 had been for three single family dwellings and the modification presented was for eight apartment units. He did not feel there would be any problems for the Pump Station to handle the capacity and would recommend approval. Commissioner Swanson expressed concern over encouraging density as well as the lines having been installed with federal grant funding and our obligation to allow outside hookups. City Commissioners Meeting Ai~ril 20, 1982 Page Four EMANUAL XENOS REQUEST CONTINUED: ~ary Lou Long, expressed her concerns over the outside utility agreement agemendment request, feeling we must preserve the environment as well as the capabilities of our present sewage treatment system. Jim Strait, President of Kitsap Lake Neighborhood Assoc. felt that outlying residents should only have city privileges if they annexed into the City. He discussed the previous contamination problems of Kitsap Lake area. Marianne Kingman, Poulsbo, representing applicant, said she felt the county was trying to improve the environment by having contained growth areas. Mary Lou Long, stated she felt if the county was going to encourage high density dwelling, they should participate in the cost-sharing of upgrading the sewer treatment facilities. Don Proctor, Wastewater Superintendent, stated the flow can be ~ndled and did not feel there would be any problems. Motion by Commissioner Swanson and Mayor Nelson to approve the request for amendment to the outside utility agreement, carried as follows: Mayor Nelson, no; Commissioner Stewart, yes; Commissioner Swanson, no. 10:20 A.M. - BID OPENINGS Altitude Valve H. D. Fowler Co. Inc., Bid Bond, $4,626.97 Pacific Water Works Supply Co. Inc., Bid Bond, $4,730.35 Crown Controls, Inc., Bid Check, $4,783.50 ITT Grinnell Corp., Bid Bond, $4,354.05 - $4,843.11 Paramount Pump & Supply, Bid Bond, $4,728.22 Motion by Commissioner Stewart and Mayor Nelson to refer the bids to th~ proper department for recommendation, carried unanimously. Fire Station #1 - Remodeling Project Barry Branch, AIA, stated there might be some confusion regarding the bid opening time. He had been called by a ~lan center in Seattle that the time was listed as 10:30 not 10:00 a.m. He stated that specs indicated 10:00 a.m. Stan Palmer, stated the official notice read 10 a.m. #2529 Discussion followed regarding acceptance and opening of the one late bid which was received at 10:15 a.m. Motion by Commissioners Stewart and Swanson to reject the bid received at 10:15 a.m., carried unanimously. Sunset Construction & Development, Bid Bond, $185,609.00 Kitsap Co. Bldrs. Inc., Bid Bond, $117,403.00 Bay Builders Inc., Bid Bond, $132,370.00 Commercial Builders, Bid Bond, $142,808.00 Olson Bldg. Co., Bid Bond, $210,900.00 Stan Palmer Const. Inc., Bid Bond, $162,093.00 Lincoln Construction Co., Bid Bond, $213,900.00 L. J. Martin Construction, Bid Bond, $165,371.00 The M.D.O. Group, Inc., Bid Bond, $165,778.00 Motion by Mayor Nelson and Con~issioner Swanson to refer the bids to t'h'e Architect and Chief Meigs for recommendation, carried unanimously. City Commissioners Meeting April 20, 19G2 Page Five 10:50 - 11:00 A.M. - RECESS 11:00 A.M. PUBLIC RECOGNITION M'Zry Lou Lon%, read a et~ to council on behalf of the St. Luke's United Methodist Church expressing their concern over more community gardens. Ruth Ann Davie, stated White's Berry farm has been used for private gardening programs and is not available to the community. Jim Strait, felt the bids should be turned in the day prior to bid opening. #255 Mary Lou Long, talked. about the use of city land for the purpose of Side #1 posting campaign election signs. #0007 Morrie Dawkins, stated he would recheck the location of the signs he had posted and if any were in violation they would be removed. HEARING - 6th STREET PARKING METER ISSUE At the request of T0~ Welsh, the commissioners rescheduled the hearing for May 4, 1982 at 10:30 A.M. ORDINANCE NO. 3690 - TOWING COMPANY PAYMENT OF SERVICES Tom Pratt, BPD and member of Towing Commission, stated an informal hearing had been held last night between the Towing Commission and the two towing companies regarding this proposed ordinance. They were questioning who was going to guarantee payment of the check and be responsible for collecting a returned check as well as a better definition of "proper identification". Also discussed was the amount of the fine w~ich could be imposed upon the towing companies for refusing payment by check. H_~arry Penor, HP Towing, feels the city should guarantee payment for the returned check. Pat Tucker, Chico Towing, felt the fine of $250 should be reduced and the businessman should have the option of refusing a check from a customer who has previously had checks returned to him. Motion by Mayor Nelson and Commissioner Swanson to reduce the penalty ~250 to $100, review the other cha~ges requested and have the City Attorney draft the ordinance for review next week, carried: Ma~vor Nelson, yes; Commissioner Stewart, no; Con~issioner Swanson, yes. INTERLOCAL AGREEMENT CITY OF BREMERTON & JOINT HOUSING AUTHORITY Clerk presented an Interlocal Agreement between the Cityof Bremerton and the Joint Housing Authority for signatures. Motion by Commissioner Stewart to table, died for lace of second. Clerk then read the entire Agreement into the record. Motion by Mayor Nelson and Commissioner Swanson to accept the Agreement as presented: Discussion: Commissioner Stewart discussed his concern over the transferring of records, staff, office space and once the arrangement is entered into who will have control if a smooth transition is not possible. City Commissioners Meetjng April 20, 1982 Page Six INTERLOCAL AGREEMENT DfSCUSSION CONTINUED: Karylynn tIaberly, Attorney representing Block Grant Agreement, stated this agreement was necessary in order to keep the funds coming in to pay the different projects, there are a lot of unpaid bills and there are no funds available until the agreement is signed. Discussion followed regarding the necessity of a short termination clause and the possibility of a signed contract from the present employees to continue under the Joint Housing Authority. City Attorney Bill Broughton suggested an additional section be added regarding the City having the right to revoke the agree- ment at any time. Motion by Mayor Nelson and Commissioner Swanson to approve the amendment tot he Agreement,carried unanimously. Question called on main motion, carried unanimously. ~1890 HEARING - Water Department - Change in Land Use Restrictions This hearing had been rescheduled to allow time to come back with an appropriate site plan. Mr. Attebery stated an option would be to approve the change in land use pending transmittal of an approved site plan. Motion by Commissioner Swanson and Mayor Nelson to continue the hearing for 30 days to allow time for an architect drawing to be submitted, carried unanimously. A date of May 25, 1982 was set for the next hearing. 12:30 P.M. Commissioner Swanson left the meeting. AMBULANCE ROTATION ORDINANCE, for 1st reading Clerk read AN ORDINANCE amending sections of Ord. No. 3535 to require that each licensed ambulance service, on a rotational basis, provide three ambulances for the purpose of responding only to City of Bremerton calls. Chief Bill Meigs stated that at the time this ordinance was requested there were problems, but felt they had been resolved and this was not necessary any longer. Pat Tucker, KPS Service, stated whenever the City had some ordinances affecting his business, he would appreciate notification prior to the reading. Motion by Mayor Nelson and Commissioner Swanson to deny the passage of the ordinance, carried unanimously. R~I CHARGES ORDINANCE, for 2nd reading Clerk read Ordinance No. 3693, establishing a fee for emergency medical services rendered by the Bremerton Fire Department outside the Bremerton City limits or on federally owned property for passage. Chief Bill Meigs stated at the time this was requested there was a need for the additional revenues but at this time, there were other possibilities becoming open and he did not recommend the approval of this ordinance. Motion by Mayor Nelson and Con~issioner Swanson to deny passage of this ordinance~ carried unanimously. ORDINANCE NO. 3696 - OBSTRUCTING A POLICE OFFICER Clerk read Ordinance No. 3636 amending Ord. No. 3529, S. 2, Article VI (A) and declaring an emergency. Attorney Bill Broughton stated this would bring our ordinance into closer compliance with State code. Motion by Mayor Nelson and CommisSioner Stewart to approve carried as follows: Mayor Nelson, yes; COmmissioner Stewart, yes. Commissioner Swanson, yes. ORDINANCE NO. 3691 - ASSAULT Clerk read Ordi'~S~ No. 3691, amending Ord. No. 3529, S. 2, Article III (A] 1979 and Ord. No. 3529, S. 2, Article 1 1979, and declaring an emergency. Motion by Commissioners Stewart and Swanson to approve carried as foll'6~ Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson yes. City Commissioners Meeting April 20, 1982 Page Seven ORDINANCE RE DATE OF EXTENSION FOR TERMINATION OF BHA, 1st reading Clerk read AN ORDINANCE of the City of Bremerton, amending S. 10 of Ord. No. 3680, to extend the date of termination of activities of the Bremerton Housing Authority to September 15, 1982. City Attorney Bill Broughton stated this amendment was to allow the BIIA more time to transfer assets and agreements, etc. and the County has also extended their time frame. Motion by Mayor Nelson and Commissioner Stewart to approve on first reading, carried as follows: Mayor Nelson, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. #2358 DISCUSSION RE TICKETING PROCEDURES FOR OVERTIME PARKING VIOLATIONS Acting Chief Don Cundiff explained to the council the procedures of the ticket regulators as set out by previous ordinance. Changes were discussed. R. Jandzinski, Court Commissioner also expressed his desire to have some changes made. r~otion by Commissioner Stewart and Mayor Nelson to amend the ordinance to read that only one ticket, parking or zone, will be given within one hour of each other, carried unanimously. 1:05 P.M. Mayor Nelson left the meeting to attend the arrival of the Fresh One. ORDINANCE NO. 3692, Food Ordinance, for 2nd reading Clerk read Ordinance No. 3692, repealing Food Ordinance No. 2840. Motion by Commissioners Stewart and Swanson to approve on second reading, carried as follows; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE NO. 3694 - ROBINSON ROW, 2nd reading Clerk read Ordinance No. 3694, repealing Ord. No. 2929, 3022, 3457 and amending Ord. No. 1792 Robinson Right of Way. Motion by Commissioners Stewart and Swanson to approve on second reading, carried as follows: Commissioner Stewart, yes; Commissioner Swanson yes. ORDINANCE NO. 3695 - Great Northwest ROW, 2nd reading ~lerk read Ordinance No. 3695, granting a right of way vacation to Great Northwest Savings. Motion by Commissioners Stewart and Swanson to approve Ord. No. 3695 as presented, carried as follows: Commissioner Stewart, yes; Commissioner Swanson, yes. LETTER FROM JIM STRAIT Clerk read letter from Mr. Strait on behalf of the Kitsap Lake Neighborhood Assoc. expressing their concern that a policy be established that all members of City Commissions and Boards should be city residents. This is being referred to the Mayor for further handling. BUSINESS LICENSES ISSUED FOR APRIL 1982 Clerk read memo from Business License Inspector with attached report for the month of April 1982. PROCLAMATION Clerk read a Proclamation the week of April 18 to April 24 as PROFESSIONAL SECRETARIES WEEK. APBA REQUEST FOR USE OF KITSAP LAKE Ulerk read letter from Dwight ~1alhiot, Race Chairman of APBA request- ing the use of Kitsap Lake for their annual hydroplane races to be held July 11, 1982. Police Department had been notified and re- commended approval. The proper insurance coverage will be obtained and forwarded to the Clerk's office. Motion by Co~m~issioners Stewart and Swanson to a]~}Drove the requ~q~{7'carried unaninlously. City Co~uni.~:sioners Meeting April 20, 3.982 Page Eight TRANSIT BUDGET ~i'~ read memo from City Treasurer that the UMPTA grant award necessitated modifying the 1982 transit budget, rlotion by Commissioners Stewart and Swanson to approve the amending of the budget to provide capital portion and operating grant monies, carried unanimously. WILLED DONATION OF $1000.00 TO SENIOR CITIZENS CENTER Clerk read memo that thru the Estate of Leona Maschke, $1000 has been willed to the Sr. Citizen Center. Motion by Commissioners Stewart and Swanson to earmark this donation for use only for the Sr, Citizens Center activities, carried unanimously. CO~4ISSIONERS REPORTS: Commissioner Stewart stated he would like to have permission to hire the DP Instructor for an additional week. Motion by Commissioners Stewart and Swanson to approve the hiring of the instructor for an additional week, at a cost of $1100 under the direction of Steven Perry, carried unanimously. City Clerk Kathleen Mandio stated she had recently attended Clerks Conference in Bellevue. She expressed her interest in a program offered whereby data processing can be used for indexing _ of resolutions, ordinances and minutes. She will investigate this further with the help of Mr. Perry, and return to council. She also stated that in the future, the Athorney's office will be attaching a summarization of city ordinances which will be used for publication purposes. VOUCHERS, BILLS, PAYROLL .!~...~ Motion by Commissioners Stewart and Swanson to approve Pension List for April 1982 in the gross amount of $3313.23; FICA Claim in the amount of $9492.02; Payroll in the amount of $208,545.61; Regular Vouchers #02878 #03052 in the amount of $121,100.90 and Special Vouchers #2816, 2817, 2819 in the amount of $1180.00, carried unanimously. Meeting adjourned at 1:30 P.M. KATHLEEN L. MANDIO, City Clerk APPROVED: ~Y~SO~~ Tape # 255 Side #2 COUNCIL 0359 APRP, 7