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05/05/81
(OUi,,ICi PPROVED 1 £ CITY COMMISSIONERS' MEETING Tape 214 MAY 5, 1981 Side 2 1217 Regular meeting of the City Commissioners of the City of Bremerton, Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, May 5, 1981, at 9:00 A.M. with Mayor Glenn Jarstad presiding. Also present were Commissioners Tom Swanson and Bob Stewart, City Attorney Terry McCluskey, City Clerk Kathleen Mandio, and members of the press and radio. Meeting was opened with the Pledge of Allegiance and the Invocation was given by Les Otterby of Our Saviours Lutheran Church. Mayor Jarstad announced that this was Elks Day and that the students in the audience had been selected to be honored by the Elks on the basis of their scholastic abilities. The students were introduced and the members of the Council welcomed them. MINUTES OF APRIL 28, 1981 Motion by Mayor Jarstad and Commissioner Stewart to approve the minutes of April 28, 1981 as presented, carried unanimously. CLAIMS FOR DAMAGES Clerk presented claim for damages from Michael O'Brien, in the amount of $581.70 for damages done to his car. Also presented was a claim from Sharon Moore for injuries sustained in an accident on February 2, 1981, an amount to exceed $10,000. These claims will be turned over to the Insurance company pending department reports. A claim received from Jeffery L. Toms in the amount of $20.00, allegedly lost after arrgst, was denied by report from Police Department as invalid. Motion by Commissioner Stewart and Mayor Jarstad to deny this claim based on the recommendation of the Police Department, carried unanimously. LICENSE APPLICATION Clerk presented attendant license request for Kum Sun Clark for the second time. Motion by Mayor Jarstad and Commissioner Swanson to deny the application as presented based on Police recommendation, due to previous conviction, carried unanimously. YWCA FUND RAISING FOR ALIVE PROGRAM Clerk read letter from Tim Gerstmann, Family Violence Project Coordinator, stating the YWCA is planning a pledge run on Saturday May 9, as a fund-raising event for the ALIVE program. Location of the run is the circle made by Carr and Lyle Streets and Harlow Drive. Motion by Commissioner Stewart and Mayor Jarstad to approve this l~t contingent upon receipt of Police Department approval and Hold Harmless documents, carried unanimously. BLUE RIBBON TASK FORCE APPOINTMENTS Mayor Jarstad stated that he had reviewed the list of the interested citizens as submitted by Mr. Amo and Mr. Mussman and had contacted several regarding a possible position on the Blue Ribbon Task Force whose primary goal would be to review the Charter as it pertains to the City Attorney's office. He submitted to Council the following names for approval: Tom Ford, Supt. of Schools; David Tucker, CPA; John Bishop, Atty.; Michael Hosea, Pres. B.A.C.O.N. and Jerry Bradley, Callow Ave. Businessman. Motion by Mayor Jarstad and Commissioner Swanson to approve the names as recommended, carried as follows: Mayor Jarstad, yes; Commissioner Swanson, yes; and Commissioner Stewart no, due to feeling of conflict with having Mr. Bishop on this review board. Mayor Jarstad stated these were all respected persons of the community expressing a desire to serve in this capacity and that he would be meeting with all of them to explain their duties and have them get started evaluating the City Charter. City Commissioners Meeting May 5, 1981 Page Two APPLICATION FOR BEER GARDEN - SEXTON'S TAVERN Clerk presented Application for Sexton's Tavern and Beer Garden to Council for further reports. Commissioner Stewart stated he would approve this request as he had made a premise visit and was impressed by the improvements made to the property. Mayor Jarstad stated he had also visited the premise and was pleased with the remodeling and improvements that had been made. Motion by Mayor Jarstad and Commissioner Stewart to accept the recommendations of Deputy Chief Joe Shoemaker to allow this application on the conditions that no music or speakers be allowed and contingent upon a ninety- day trial period to determine if this is feasible to be continued beyond that period of time, and if complaints are received as a result of the operation, that it not be extended following the test period, carried unanimously. REQUEST FOR PUBLIC HEARING ON PUBLIC TRANSPORTATION PLANNING Clerk presented a request from Commissioner Stewart to have Council approve Scheduling a public hearing for the purpose of discussion of Public Transportation Planning for Tuesday, May 12, 1981 at 3 P.M. at the Sheridan Park Lounge. Motion by Commissioners Stewart and Swanson to approve this request for public hearing regarding (1602) Public Transportation Planning, carried unanimously. CHANGE ORDER NO. 5 - CONTRACT NO. 2017 - MARION AVE. STREET AND DRAINAGE IMPROVEMENTS Clerk presented Change Order No. 5 for the subject job authorizing the installation of catch basins and a pipe line to connect and drain said catch basins for the first 600 feet south of 6th Street on Marion Avenue. This work was withheld from the original bid proposal in order to minimize the base bid and it has now been determined that contingency funds are available for this construction. The project is Block Grant Funded. Motion by Commissioner Swanson and Mayor Jarstad to approve Change Order No. 5 as presented, carried unanimously. MEMO RE TWIN LAKES BYPASS Clerk presented memo from Water Superintendent stating tha~ the construction of the Twin Lakes By-Pass, a 30" D.I. Transmission Line installed along the Old Belfair Highway was completed on 3-17-81 and recommended that Council accept this project as complete. Motion by Commissioner Swanson and Stewart to accept the project as complete, carried unanimously. AWARD OF BID-JiPI~KUP TRUCKS Clerk read memo from Water Superintendent recommending award of bid for pickup trucks be given to the low bidder without trade-in in the amount of $15,690.11, as one of the pickups was involved in an accident last Thursday and will cost approximately $450 to repair, and it was felt that the pickup could be declared surplus at a later date and disposed of in the best interest of the City at that time. Motion by Commissioners Swanson and Stewart to award bid to the low bidder without trade-in, Bennett Ford, Inc. in the amount of $15,690.11 carried unanimously, with recommendation that above pickup be declared surplus at a later date. AWARD OF BID - DUCTILE IRON PIPE Cl!erk read memo from Water Superintendent recommending award of bid for Ductile Iron Pipe be given to U.S. Pipe & Foundry for $43,614.52, stating this company met all specifications. Motion by Commissioner Swanson and Stewart to award the bid to U.S. Pipe and Foundry in the amount of $43,614.52, carried unanimously. City Commissioners Meeting May 5, 1981 Page Three AWARD OF BID - UNDERGROUND PIERCING TOOL Clerk read memo from Water Superintendent recommending award of bid to Fray Equipment Co. in the amount of $8,883.11, tax included, plus $500.65 for the special hose. This was the only bid received and they did meet specifications. Motion by Commissioners Swanson and Stewart to award the b~-~ to Fray Equipment Co. based on the above recommendations, carried unanimously. AWARD OF BID - AIR COMPRESSOR Clerk read memo from Water Superintendent recommending award of bid to Fray Equipment Co. in the amount of $10,744.24, tax included, for the air compressor. Sahlberg Equipment was turned in as "NO BID" and the bid from Fray Co. met the specifications. Motion by Commissioner Swanson and Mayor Jarstad to award the-~ to Fray Equipment Co. based on the above recommendations, carried unanimously. ACCEPTANCE OF EASEMENT - PARK AVENUE CONDOMINIUMS ~rk read memo from Water Superintendent stating Ryan Built Homes, Inc., is giving the City of Bremerton an easement for the water main location through the Park Avenue Condominiums for the purpose of maintaining as the occasion may require. It was requested that the document be amended to remove the sentence "The surface shall be restored to its present condition or as nearly thereto as shall be reasonably possible." Chuck Moore stated the water line will go between Elizabeth and Park Avenue beautification projects and that it would be unreasonable to assume the liability of a beautification restoration project that might have to be disturbed through maintenance of a water line. Motion by Mayor Jarstad and Commissioner Stewart to approve amending the Easement by removing that sentence as it pertains to restoration as near present condition, carried unanimously. TELEPHONE EASEMENT - GOLD MOUNTAIN Clerk read memo from Water Superintendent stating that Pacific Northwest Bell Telephone Co. is asking for an easement for installa- tion of a buried cable to the Gold Mountain radio transmitter and Kelly Broadcasting Company. Motion by Commissioners Swanson and Stewart to approve easement to Pac-~fic Northwest Bell Telephone Co. for installation of buried cable as stated above, carried unanimously. 10:00 A.M. BID OPENING - AMPEROMETIC TYPE RESIDUAL CHLORINE ANALYZER American ~cientific Products - NO BID Penwalt Corp. - Bid Check, $5,111.90. Motion by Commissioners Stewart and Swanson to approve awarding this ~-~ upon approval of Department Head and the meeting of all specifica- tions as required, carried unanimously. COMMISSIONERS REPORTS: Commissioner Stewart stated that he was going to send a copy of the amended sewer ordinance to the Navy for their review. He has had several meetings with representatives from Puget Power regarding price of electricity from Casad Dam. BILLS Special Vouchers No. 23246 - 23249 for $22,494.13, audited by Bob Dantini; Regular Vouchers No. 23254 - 23365, in the amount of $ $117,134.50, audited by Bob Dantini, were presented. Motion by Commissioner Stewart and Mayor Jarstad to approve the Vou~rs as presented, carried unanimously. Claims for Payroll FICA for period ending 4/26/81 in the amount of $9619.40; and Retirees.Payroll for period ending 4/30/81 in the amount of $37,905.75; and Payroll for the period ending 4/28/81 in the amount of $217,042.16 were presented. Motion by Commissioner Stewart and Mayor Jarstad to approve t--~e Claims as presented, carried unanimously. City Commissioners Meeting May 5, 1981 Page Four COMMISSIONERS REPORTS Commissioner Swanson gave a building permit report for the month of April 1981. Mayor Jarstad stated that Pat Waln of the Housing Authority had retired and their was a need to fill the vacancy. It was his recommendation that James Curley be appointed to fill this vacancy for a three-year term which would expire on 7-17-84. Motion by Mayor Jarstad and Commissioner Swanson to approve this appointment, carried unanimously. NAVAL MUSEUM FERRY BUILDING - LAMP REPLACEMENT Clerk read a memo from Asst. Purchasing Agent regarding the situation 2090 of replacing the lamps for the existing fixtures. As it appeared that the museum would become once again a viable organization, that the Building and Electrical Inspectors should look into the existing fixtures and make a recommendation back to Council. City Clerk was advised to contact the Washington State Ferry System for their input. DISCUSSION RE LOADER/BACKHOE BID CALL/AWARD Clerk stated that this item was being returned to Council for further discussion and a decision regarding the awarding of the bid. Commissioner Swanson stated that he had studied the situation and it was his recommendation that we reject all bids and re-write the specifications. Motion by Commissioners Swanson and Stewart to reject all bids as previously received and re-write the specifica- tions, carried unanimously. PROCLAMATI©NS Clerk read proclamation stating the week of May 17th through May 24th, 1981 as: BREMERTON BICYCLE WEEK. Clerk also read proclamation stating the week of May 17th through May 23rd, 1981 as: NATIONAL PUBLIC WORKS WEEK. ORDINANCE 3634, RELATING TO CITY OF BREMERTON SEWER SERVICE CHARGES, Second Reading Clerk presented Ordinance No. 3634 amending Section IV, Subparagraph H(2) (b) of Ordinance No. 3147 as amended by Ordinance No. 3307, Ordinance No. 3346 and Ordinance No. 3575 relating to City of Bremerton sewer service charges, for second reading, as.,amended from first reading. Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 6--~ as presented, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE 3635, RELATING TO REZONE R-1 to B-2, DR. GORDON Clerk presented Ordinance No. 3635 amending the use and area maps of Ordinance No. 1792 (Gordon), for rezone R-1 to B-2, for second reading. Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3635 as presented, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE RELATING TO FLEEING OR ELUDING A POLICE OFFICER, First Reading Clerk presented AN ORDINANCE relating to Fleeing or Eluding a 2330 Police Officer, for first reading. Commissioner Stewart stated he felt this Ordinance did not meet the needs the Council had requested as there was no mention of work-time as being an alternate of serving jail time. He stated as it was presently worded, he would not vote for it and felt that this should be held for a while before any action is taken. City Attorney McCluskey stated he feels it has to be worded this way to cover the areas the Council wanted, this allows the judge the discretion to give in-service work. This will be held for a while. City Commissioners Meeting May 5, 1981 Page Five 2417 ORDINANCE RE ENACTING A COMPREHENSIVE SCHEME FOR REGULATION OF PAWNBROKERS AND SECOND HANU DEALERS. Clerk read letter from Pacific Northwest Jewelers Association with their concern and areas that they feel should be changed regarding terminology and the license fee structure. Commissioner Stewart felt this proposed Ordinance should be sent to the area jewelers for their review and recommendations. MEMO RE ENDORSEMENT OF AMENDED KITSAP SUBREGIONAL DEVELOPMENT PLAN Ken Attebery presented copies to the Council of his memorandum which states his reservations of several policies and proposed amendments to the Subregional Development Plan. A copy of this will be on file in the Clerks office. llTH & NAVAL INTERSECTION IMPROVEMENTS - CONTRACT #1964 Clerk read memo from Engineering Department stating that work associated with the subject contract has been completed in accordance with the plans and specifications for the project and recommend the work be accepted for the purposes of operation and maintenance. Motion by Commissioners Stewart and Swanson to accept the recommenda- ~-~n as presented, carried unanimously. 10:35 - 10:55 RECESS 10:55 A.M. - REHEARING BRIARCLIFF RESTAURANT Clerk stated that there had been no further correspondence received during the past sixty days relative to the Briarcliff Restaurant. Mr. Harold Nelson, stated he was the other half owner of the Briarcliff Restaurant and has had to assume management of the restaurant during 2564 the last two weeks. He stated he felt they are keeping the noise level under control, they have installed sound boards and plaster boards, as well as just keeping the noise level down. He has personally been in contact with some of the close neighbors who have assured him that the progress has been appreciated, and that he would continue to do everything possible to control the noise level. Commissioner Stewart states that things are better now and there are no complaints, and he expressed his appreciation to Mr. Nelson for his efforts. Commissioner Swanson stated he had made readings on a spotty basis and noted a big improvement. Joe Shoemaker, Police Department, stated there had been no complaints received during the last sixty days. He has checked it out himself and found no disturbing noise levels. He had no objections to lifting the suspension placed upon the license at this time. Mayor Jarstad stated that the efforts shown by the Nelson's indicated to the neighbors his good intentions and it would be his recommendation based on the marked improvement and good attitude displayed to lift suspension placed. Motion by Mayor Jarstad and Commissioner Stewart to lift the suspension which had been placed~.~on the license; license is to be renewed July 1, 1981, carried unanimously. SURPLUS TYPEWRITERS -HOLLY RIDGE CENTER Clerk stated she had inspected the typewriters which had been declared surplus 4/28/81, stating that three of the machines were operable and recommended they be disposed thru $1.00 each to the Holly Ridge Center. Motion by Commissioners Stewart and Swanson to approve this recommenda- ~-~on,carried unanimously. Kathleen L. Mandio, City Clerk APPROVED: