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HomeMy WebLinkAbout12/08/81Tape 240 Side 2 (let side) ~0~%t 2 4 3 7 CITY COMMISSIONERS' MEETING '~C 1,5 1981 DECEMBER 8, 1981 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, December 8, 1981 at 9:05 A.M. with Mayor Glenn Jarstad presiding. Also present were Commissioners Bob Stewart and Tom Swanson, City Clerk Kathleen Mandio and City Attorney Terry McCluskey. Also present were members of the press and radio. The meeting was opened with the Pledge of Allegiance and the Invoca- tion was given by Lew Schultz Sr. of the Charleston Baptist Church. MINUTES OF NOVEMBER 24~ 1981 and DECEMBER 1, 1981 ~ by Commissioher Stewart and Mayor Jarstad to approve the minutes of November 24, 1981 and December 1, 1981 as presented, carried unanimously. Notices of EmploYment; Change of Pay Status; Transfers Gary Davm~h~rs°n - Seasonal - Basketball Referee - Parks & Rec. $4.00 per hr. effective 12-12-81 Scott Anthony Bergsma - Seasonal - Scorekeeper - Parks & Rec., $3.35 per hr., effective 11-30-81 Levon Delano Wilson - Seasonal Bldg. Attendant - Parks & Rec., $3.35 per hr., effective 12-7-81 Donald Roy Rye - Seasonal - Basketball Referee - Parks & Rec., $4.00 per hr., effective 12-12-81 Mark Thompson - let Yr. to 2nd Yr. Patrolman, Police Dept., $9.28 to $9.67 per hr., effective 12-8-81 Vicki Batterman, Transfer from Confidential Secretary to Department Secretary Fire Dept., same rate of pay, effective 12-7-81 Carole J. Shreeve, Transfer from Department Secretary to Confidential Secretary Executive Dept., same rate of pay, effective 12-7-81 Myrtle McKee, Transfer from Department Secretary to Confidential Secretary, Commissioner of Public Works Dept., same rate of pay, effective 12-7-81 Julie Gosselin, Transfer from Confidential Secretary to Department Secretary, Engineering Department, same rate of pay, effective 12-7-81 Motion by Commissioners Stewart and Swanson to approve the Notices of Employment, Change of Pay Status and Transfer Requests as presented, carried unanimously. CLAIM FOR DAMAGES - Mrs. ~. J. Cleveland Clerk presented a Claim for Damages on behalf of Mrs. A. J. Cleveland in the amount of $28.00 for cleaning basement of backup of sewage. This has been sent for Department Report. LETTER FROM ALTA RE CHEVY VAN Cler~ read letter from ALTA Pet Services stating they were willing to bid $500 on the Chevy Van now leased by Alta, with the provision that the lease money for the past four months be included as payment on the van. Motion by Conunissioners Stewart and Swanson to accept their bid in the amount of $500 and apply present lease arrangement payments to the purchase, carried unanimously. ASSOCIATION OF WASHINGTON CITIES - 1982 SERVICE FEE NOTICE C-]~-~ presented 1982 Service Fee Notice to Council for the record stating it was an increase over last year and the service fee for 1982 was $10,715.20. City Commissioners Meeting December 8, 1981 Page Two LETTER FROM EARL R. CAUGHIE RE' PARKING TICKET Tape Clark~r~d le~0~'~Lr~ Caughi~ ~gArding~a parking ticket he 240 received for improper parking on Burwell Avenue. Commissioner Stewart Side 1 stated he had visited the site with Mr. Caughie and felt the Two-Hour (2nd Parking sign was posted too far back and should be relocated. Side) 0007 AMBULANCE RATE SURVEY Clerk stated a survey had been done with comparable cities within the State and this information had been supplied the Commissioners for review prior to the meeting~ Discussion followed and it was felt that the rates as submitted were comparable to area. Motion by Commissioner Stewart and Mayor Jarstad to accept the rate fee s~dules for 1982 as presented by Olympic Ambulance Service and Kitsap Public Services, carried unanimously. RECOMMENDATION OF BID AWARD - CHLORINE Clerk read memo from Ass%. Purchasing Agent recommending bid award for Chlorine be awarded to Jones Chemicals of Tacoma as an equal and acceptable bidder. It was stated that ammonia was the tie breaker and is the low bid for Jones Chemicals of Tacoma. Motion by Commissioners Stewart and Swanson to accept the recommendation of Jones Chemicals for the chlorine and ammonia bid, carried unanimously. RECO~ENDATION OF BID AWARD - REBUILD CLARIFIERS Clerk read memo from Len Clark, Wastewater Facilities, recommending that Gerrish Bearing and Industrial Supplies, Tacoma, be awarded the bid for materials to rebuild the clarifiers at Plant #2. This was the low bid, $6086.34, with delivery time of two weeks. Motion by Commissioners Stewart and Swanson to accept the recommendation to award bid to Gerrish Bearing & Industrial Supplies, Tacoma, carried unanimously. 0170 REPORT RE RATES FOR USE OF MUNICIPAL POOL Clerk read memo from Ray Foley, Supt. Parks & Recreation, regarding breakdown of costs for expenses and overhead for use of the swimming pool. Discussion followed and it was felt that the Lease arrangement with Olympic College at a fee of $20 per hour was acceptable. Commissioner Stewart still felt that it was too low. Motion by Mayor Jarstad and Commissioner Swanson to accept the Lease arrangement as presented, carried unanimously. ORDINANCE NO. 3666 RE OPERATING BUDGET FOR YEAR 1981, f~r 2nd reading Clerk presented Ordinance No. 3666 for second reading, which amends Ordinance No. 3616 as amended by Ordinance No. 3650 modifying the 1981 operating budget. Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3666, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes and Commissioner Swanson, yes. CHANGE ORDER #1 LIONS PLAYFIELD CONTRACT Clerk read m~mo from City Engineer with attached Change Order #1 increasing contract amount by $7848 to reflect the necessity to revise the connection detail for the sprinkler heads in the irrigation system and increase by 350 lineal feet the amount of drainage pipe to be installed under Bid Item No. 6. Mr. Allan Kane stated that the bids had come in less than estimated and that there were funds available through grant funds to cover the increase. Motion by Mayor Jarstad and Commissioner Stewart to approve the Change Or--~er No. 1 in the increased amount of $7848.00, carried unanimously. City Co~Lu',~issioners Meeting December 8, 1981 Page Three 0280 REQUEST FOR BUDGET/MONIESC~RRY~VER Clerk read mem~ f~om-R~y F61ey,'Pa~ks Department Superintendent requesting that $27,000 currently available in Account No. 533-.50-6300 be carried over into the 1982 budget to cover the upcoming expenditures on Contract No. 2016 for tennis court projects. The work is in progress, but completion and further payments will not be made until early next year. Motion by Mayor Jarstad and Commissioner Stewart to approve this request, carried unanimously. LAUND'RY FOR JAIL Cl~rk rea~-~o""from Joe Shoemaker, Deputy Chief of Police regarding laundry for the jail. He stated that mandates to correction facilities for laundry regulations have increased laundry costs from $367.00 to approximately $450 to $500 per month. He stated that laundry can be done in-house to comply with the requirements and he had a review of cost factors done to determine the cost of machines, rewiring if needed plus any sheetmetal work for venting prepared. It was felt that the total initial cost would not exceed $1250, with a savings to the City of $3,000 the first year and approximately $9,000 over the next two years. He was requesting Council approval to purchase and install washer/dryer machines and installation costs for in-house laundry facilities. M~tion by Mayor Jarstad and Commissioner Stewart to approve the purchase of ~-~e machines and installation equipment as necessary, carried unanimously. 0422 CARRY-OVER OF VAC~TI©N LEAVE - BUD MAVES Clerk read memo from Capt. Bud Maves, Police Department requesting Council approval to carry-over an extra 10-12 days of accrued vacation leave from 1981 to 1982. He stated that he had arranged to take most of December off, but to extra case-loads, training, etc., he had been unable to use the other days. Motion by Mayor Jarstad and Commissioner Stewart to approve the request to carry-over 10-12 days of accrued vacation leave to 1982, carried unanimously. RECOMMENDATION OF BID AWARD - GASOLINE Clerk stated that further study had been done regarding the gasoline bid award and that it was recommended to award the bid to Wilkins Distributing Company as the low and acceptable bidder. Motion by Commissioner Stewart and Mayor Jarstad to approve the recommendation of Wilkins Distributing Co. as the supplier for gasoline, carried unanimously. LETTER FROM CAROLE SHREEVE RE OFFICIAL UNION POSITION Clerk read letter from Ms Shreeve indicating'that due to the events of the past two weeks and her transfer into a confidential position, she is resigning her position as President of Local ~2052, AFSCME. REQUEST FOR BID CALL - MEALS FOR PRISONERS Clerk stated that she and Joe Shoemaker had been discussing this situa- tion and it was felt that this should go out for bid call. Motion by Commissioners Stewart and Swanson to approve going out for bid call for meals for prisoners, carried unanimously. NORTH/SOUTH ALLEY FROM FIRST STREET TO BURWELL BETWEEN MONTGOMERY AND RAINIER Cle~ead memo from Allan~Kane, City Engineer, stating an investigation had been completed regarding traffic conditions at both ends of the alley referred to. It was their recommendation that the alley be made one way southbound. ~ Motion by Commissioners Swanson and Stewart to accept the recommendat~-~of the Engineering Department, carried unanimously. City Commissioners Meeting December 8, 1981 Page Four EXECUTIVE SESSION REQUESTED Clerk stated that Mr. Arm~nd Tiberio, Personnel Director, had made a request to have an Executive Session scheduled for today to discuss Labor Negotiation matters. 'Motion by Commissioner Stewart and Mayor Jarstad to set a time of 3:00-~. in the Mayor"s Office for this meeting, carried unanimously. 9:30 A.M, -PUBLIC-RECOGNITION Mrs. Anh 'wa~kins, owner-operator of USS Missouri Shuttle service, requested'CoUncil approval for the area of parking on the east side of First Street for the shuttle service, and requested permission to place a sign at this location. Discussion followed and it was felt the City would take care of the sign to have it conform with all other city signs. Motion by Commissioners Stewart and Swanson to approve this request an~ve the City prepare the proper signs, to be paid for by the Watkins, carried unanimously. Mr. Jim Brennlen, Manager, Bremerton Municipal Transit, addressed council regarding rate increase proposal for the Transit Co. He indicated the rate changes he would like to propose. Motion by Mayor Jarstad and Commissioner Stewart to have this an agenda item of December 15th, with public testimony, carried unanimously. Mr Bill Littl~john, Olympic Ambulance, stated he felt that when an ~--m~u~n~ company Was on'city rotation and it was their turn to be on call, that all three ambulances should be based within the city limits to respond to city calls, and not leave the area to respond to a call outside of the city limits. He recommended that either our ordinance be amended or an SOP be developed stating this requirement. He discussed the matter of CenCom being aware at all times, of the area in which the ambulance was being dispatched to answer a call, ie, home based or office based, so they would be 0882 aware of time factor for responding to call. He also discussed basing rigs at home, as to time factor for picking up co-attendant, use of sirens , running lights, etc. Commissioners Stewart and Swanson both felt their was merit to p having the three ambulances responding to city calls only when on rota- tion. Mayor Jarstad asked Mr. Bob Mussman if he knew of any complaints being received about the use of sirens and running lights through residential neighborhoods while responding to a call. Mr. Mussman stated in the past this had been a problem, but there were no current complaints re- ceived. Motion by Commissioner Stewart and Mayor Jarstad to advise the ambulance companies that when they are on rotation for city response calls, that three ambulances must be maintained within the city for the 1150 purpose of responding only to city calls, carried unanimously. Mr. Tim Garguile, addressed council regarding the new "bad check" p~icy ~cently initiated by the City. He stated he has had an increase in redemption of bad checks since he started with the program. He also stated he felt there was too much of a time delay in getting prosecution of an offender, taking as long as two months before a case went into court. Commissioner Stewart stated he felt there was too much delay in handling these offenders by the Police Department, and expressed the possibility of handling this matter through other chanels. City Commissioners Meeting December 8, 1981 Page Five PUBLIC REC©GNITI~N CONTINUED: ~~ry ex~ed that evidence has to be developed to hold up in court and that there is a certain amount of time involved to process these matters in the proper chanels. He also explained that the program had been received well by the city merchants and this increase of use was making demands on his force in manpower hours, in addition to other areas. Motion by Commissioner Stewart to allow the Police Department seven ~y--~rom period of citation to prosecution, failed for a second. Discussion further ensued regarding time limitations involved and Commissioner Swanson stated he felt seven days was not realistic and he felt that fourteen days would be appropriate. City Attorney Terry McCluskey cautioned about rushing the system without proper documentation and evidence, stating that falsely arresting persons could/would result in lawsuits. Motion by Commissioner Stewart and Swanson to allow a fourteen day period to the Police Department from the point of citation to prosecu- tion, or have them report to Council the reason for the delay beyond that time, carried unanimously. Harry Penor, HP Carriage Service & Cabulance Service, stated he has a 1-~n--~to transport wheelchair patients for non-emergency purposes. He stated that some ambulance companies were doing this and they were not licensed to do this. He felt this was jeopardizing his business. Mayor Jarstad stated we would look into this matter. 10:30 BID OPENING - Tree Planting Contract Green Ri~er Forestry Services, Inc., Auburn - Bid Check - $4,409.48 Bear Pay Foresters, Seattle, - Bid Check - $3,613.05 DMA Enterprise, Port Orchard, Bid Bond - $6,157.73 Northwest Reforesters, Spanaway, Bid Check - $2700.08 Rainier Reforesters, Inc. Eatonville - Bid Check - $3,069.15 Landscaping Inc., Bothell - Bid Bond - $15,734.25 Quality Tree Planters, Port Orchard, Cash, - $2,313.98 Motion by Mayor Jarstad and Commissioner Swanson to refer the bids to the proper department for review and recommendation, carried unanimously. 10:40 - 10:55 - RECESS #1924 10:55 A.M. - HEARING - James Robinson Change in Land Use Restrictions in B-2 Zone; Substantial Development Permit and Variance to regulation e, Utilities Clerk read Planning Commission recommendation as it pertained to the development of a storm sewer and sanitary sewer from the commercial developments on Kitsap Way at Lower Oyster Bay Road. Ken Attebery, Planning Director, stated the applicant was requesting a change in land use restrictions and variance for the purpose of con- structing a sanitary sewer system with drainage, that would be buried in the beach. He stated this is a type system that has been approved by the State and the Department of Ecology. The variance is requested to establish the outfall below the extra low water line. He stated that the applicant h~s met a~l criteria ~s s~ated in the rezone ordinance. The Shoreline Development Permit involves developing a storm sewer and a sanitary sewer from commercial developments on Kitsap Way at Lower Oyster Bay Road and residence, to the beach area of Oyster Bay. The storm sewer would disperse through a french drain type system buried in the beach. The sanitary sewer would be connected to a gravity line to Pump Station #13. City Commissioners Meeting December 8, 1981 Page Six HEARING -ROBINSON- CONTINUED: Mr. James Robinson, applicant, stated that other systems would require p~ing' ih~o"~'~-~ready overloaded pump system, and felt the offer as presented, was foolproof, as it was a gravity-feed system. Mrs. Elizabeth Uhl, 4610 Kitsap Way, questioned Mr. Robinson regarding the depth the system was to be buried in the beach and questioned the filtering system. He described it in some detail to her. Commissioner Swanson stated there was a possibility that an updated system would be available for that area and he would like to have the wording of the ordinance stated to give Mr. Robinson the opportunity to hook into that system. Mrs. Elizabeth Uhl, 4610 Kitsap Way, questioned the filtering of oil. Commissioner Swanson explained the safeguards. Motion by Commissioners Swanson and Stewart to approve the Change in ~-~-~se Restrictions and follow recommendations of Planning Commission as follows: 1. The site plan attached to Ordinance 3457 should have the reference to storm sewer and sanitary sewer lines deleted. 2. Condition #3 of Ordinance 3457 should be modified to read: "All storm drainage which shall be allowed to be collected on site, and sanitary sewage shall be disposed of in a manner in accord with existing laws and as approved by the City Engineer and Wastewater Superintendent at the developer's cost. Disposal of sanitary sewage to the primary force main in the Oyster Bay beach north of the property shall not be allowed." This language shall be added to the face of the site plan. Motion by Commissioners Stewart and Swanson to adopt the findings of fact, conclusions and exhibits as stated in the staff advisory report on the Robinson/Ryan application for Shoreline Substantial Development Permit and Variance, and approval be granted subject to the following conditions: 1. This Shoreline Permit and Variance are subject to the various re- quirements contained in the Bremerton Area Plan, Shoreline Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applic- able laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained therein. 2. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified to meet conditions of approval listed herein and as need be modified to meet the approval of the City Engineer and Wastewater Superintendent. 3. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of the City Council as provided in WAC 173-14-064. 4. General Conditions: a. All storm drainage which shall be allowed to be collected on site, and sanitary sewage shall be disposed of in a manner in accord with existing laws and as approved by the City Engineer and Wastewater Superintendent at the developer's cost. Disposal of sanitary sewage to the primary force main in the Oyster Bay beach north of the property shall not be allowed. City Commissioners Meeting December 8, 1981 Page Seven HEARING - ROBINSON CONTINUED: b. No construction or grading permits shall be granted for the develop- ment of the improvements which are the subject of this permit until an auxiliary power supply and facilities are provided to Sanitary Sewer Pump Station #13o c. All requirements of utility installation provided in the Bremerton Shoreline Management Master Program shall be complibd with during con- struction. do Upland and beach ground surfaces shall be returned to a condition comparable or improved to that existing prior to the installation of the storm and sanitary utility. 3. Obtain necessary permits and approvals for any work performed within the Lower Oyster Bay Road right-of-way. carried unanimously. HEARINGS - REQUESTS FOR RIGHT-OF-WAY VACATIONS - Elwood Larsen; James Robinson;-Salvatore~FOntana ~-~-~k stated that ~11 three requests~for vacation 0f'~ight-of-way property bordered on Kitsap Way, adjacent to the Hearthstone Motel Annex; West of Lower Oyster Bay Road and a portion east of Shorewood Drive at Lupita's Restaurant. The request for vacation was to legitimatize the use of the area for off-street parking and allow the owners to improve the parking area to City standards as feasible, with uniform landscaping and sidewalk alignments. Planning Commission had recommended 2400 denial on all three requests. Mr. James Robinson, stated he wanted to buy the strip of property to incorporate into his parking scheme and have control over the use and maintenance as well as provide landscaping. He stated public use of the parking can be detrimental to his business. Mr. Charles Gilman, representing Mr. Larsen, stated Kitsap Way is an est~-~ished throughfare and does not foresee any future widening to it as there exists a considerable slope and drop off condition on the Tape northerly side of the existing road. He discussed the loss of parking to 241 many businesses if Kitsap Way is widened. 2(lst) side Commissioner Swanson responded with background history of how the strip 0009 was developed as a State Highway project and their minimum requirements for right-of-way. He referred to the Entranco Report which recommended the future development of this area to handle the increase in traffic, stating that it would be about a 10 million dollar project. He felt this would not happen in the near future. Mrs. Elizabeth Uhl, expressed concern over visibility if the strip of land is developed. She felt it was a hazardous area from the side streets. Mr. Jim Shank, 4604 Kitsap Way, reinforced Mrs. Uhl's concerns over traffic safety and felt that property owners should be considered over expansion of business. Mr. Charles Warner, 4616 Kitsap Way, also expressed his concern over traffic safety in the area. City Commissioners Meeting December 8, 1981 Page Eight HEARINGS CONTIN%rF~D: Mr. Jim'Str~it, ~ated most of the businesses on Kitsap Way originated to a~comodate the Westpark Housing and have expanded without any thought to parking, and now were hoping to get right-of-way for park- ing space. He felt a lease arrangement with the property owners was appropriate. Commissioner Stewart stated the property could be sold with a "buy back clause" or leased. Mayor Jarstad stated in line with recommendations of the Planning Commission regarding the right-of-way requests, it is reasonable for council to deny outright vacation, but at the same time, to show an intent to negotiate a long term lease arrangement with the property owners to use and develop and maintain the control of parking. Motion by Mayor Jarstad and Commissioner Swanson to deny the right- of-way vacation requests as presently before the council, based on the recommendations of the Planning Commission Resolutions No. 614, 615 and 616, carried unanimously. ORDINANCE RE RULES FOR COMP TIME Clerk ~-~-~-~d for first reading, AN ORDINANCE amending Section 2 of Ordinance No. 2935 and Section 3 of Ordinance No. 2940; providing for the use of compensatory time by supervisory and management per- sonnel and establishing rules for the use of compensatory time by all employees. Motion by Colmmissioners Stewart and Swanson to approve on first reading, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, ~ RESOLUTION NO. 1919 - RESTITUTION REQUIREMENTS RE DOMESTIC VIOLENCE CRIMES ~ read A RESOLUTION imposing reStitution requirements on Defend- ants convicted of domestic violence crimes in the Bremerton Municipal Court. Motion by Commissioners Stewart and Swanson to approve and pass reso-~n as presented, carried unanimously. Mayor Jarstad excused himself at this time to attend a funeral. BILLS: ~on by Commissioners Stewart and Swanson to approve Warrant Register ~ - #28012 in the amount of $235,234.37; with the exception of #27919 in the amount of $1247.86, ITT Grennell, as Commissioner Stewart has a small interest in this company, carried unanimously. 1470 COMMISSI©NERS REPORTS: Commissioner Stewart~discussed the issue of medical insurance coverage plans for employees. This will be discussed in more detail at the Executive Session this afternoon. Commissioner Stewart discussed the need to modify resolution No. 1609 relating to meter hoods. He felt the deposit should be increased and include a section on lost or destroyed hoods, requiring the rentee to pay the cost of replacement. City Commissioners Meeting December 8, 1981 Page Nine COMMI$SIQNERS REPORTSCONTINUED: c0mmiSsion~r Stewart di§c~sse~he need for the telephone utility tax modification ordinance. Motion by Commissioners Swanson and Stewart to instruct the City Tr--~rer to work with the City Attorney in preparing this ordinance, carried unanimously. Commissioner Stewart stated he had been in contact with the Kitsap County Sewer District and they were interested in having their billing done by our computer. We would receive $100 set up fee and $15 every two months for this service. ~Motion by Commissioner Stewart and Swanson to approve this service,~arried unanimously. Commissioner Stewart stated he felt the parking fees for the Olympic College parking area should be increased and wanted to get other proposals for the operation. Commissioner Stewart stated that at this time we are now $50,000 in the red in the General Fund. Meeting adjourned at 12:55 P.M. to reconvene at 3:00 P.M. for an Executive Session to discuss Labor Negotiations. KATHLEEN L. MANDIO, Cit~ Clerk APPROVE: /GLENN K~ JARSTA~ayOr Tape #241-2 (lst side) #1652 3:00 P.M. - Meeting reconvened. Present were Mayor Jarstad, Commissioner Stewart, Commissioner Swanson and City Clerk Mandio. Meeting opened to approve payment of Warrant ~27919, ITT Grennell, in the amount of $1247.86, carried as follows: Mayor Jarstad, yes; Commissioner Stewart abstained, Commissioner Swanson, yes. Meeting closed to Executive Session.