HomeMy WebLinkAbout07/21/81 '3.1NCIL
APPROVED
CITY COMMISSIONERS' MEETING
1,198 , JUL 8 198
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, July 21, 1981 at 9:05 A.M., with Mayor Glen Jarstad
presiding. Also present were Commissioners Bob Stewart and Tom Swanson,
City Attorney Terry McCluskey and City Clerk Kathleen Mandio. Also
present were members of the press and radio.
The meeting was opened with the Pledge of Allegiance and the Invocation
was given by Bernard Greenwalt of the First Baptist Church.
MINUTES OF JULY 14, 1981
Motion by Mayor Jarstad and Commissioner Stewart to accept the minutes
of July 14, 1981 as presented, carried unanimously.
MINUTES OF JULY 7, 1981
Clerk stated that an error in the minutes had been ~oted by the
Planning Department regarding the Hansen, Hansen & Johnson Shoreline
Permit hearing; that sections 3 and 4 were inadvertently added in and
were not required. Motion by Conmissioners Stewart and Swanson to
approve the amenenent, carried unanimously.
CHANGE O~ PAY STATUS - NOTICE OF SEPARATION
Barbara Corradi, Data Processing, 10A to 10B, $8.46 to $8.71 per hr.,
effec[ive 7-9-81
Ed Winningham, Police Dept., 5th Yr. Patrolman to Motor Patrolman
(over 5), $10.86 to $11.17 per hr., effective 7-20-81
Montee Geister, Engineering, Engr. Aide II 10A to 10B, $8.46 to $8.71
per hr., effective 7-21-81
Donald E. Craig, Street, from 9D to llA plus 1% long., $8.80 to
$9.06 ~er hr., effective 7-6-81
Robert Ader, Water Department, Serviceman Specialist II from Service-
man I Step 7D to Step 9A, $7.97 per hr~, effective 7-20-81
Maryellen Babbitt, Engineering, Engr. Aide II - 10A to 10B, $8.46 to
$8.71 per hr., effective 8-4-81
Bruce Allen, Street, Service Specialist I to Service Specialist II,
7C to 9A, $7.51 to $7.97 per hr., effective 7-6-81
Christine Rogers, Parks & Rec., Seasonal/Instructor, terminated
7-18-81
Motion by Commissioners Swanson and Stewart to approve Change of Pay
Status Requests and Notice of Separation as presented~ carried
unanimously.
APPLICATION FOR DANCING LICENSE - BRIARCLIFF
C~erk presented Application for Dancing License from the Briarcliff
reading attached recommendation from Asst. Chief Shoemaker stating he
must have further clarification of the nature of the mechanical music
to be utilized and some guidelines from the council as to acceptable
noise or volume levels involved. Motion by Mayor Jarstad and
Con~issioner Stewart to set aside this application until next week
pending further report from Asst. Chief Shoemaker, carried unanimously.
APPLICATION FOR DANCING-ENTERTAINMENT - LAKESHORE INN INC.
Clerk presented application for Dancing/Entertainment License for the
Lakeshore Inn with police department recommendation for approval.
Motion by Mayor Jarstad and Commissioner Stewart to approve the license
as presented, carried unanimously.
CLAIMS FOR DAMAGES - PACIFIC NORTHWEST BELL & DALLAS BEESON
C'ierk presented Claims for Damages on behalf of PNW for buried cable
damage done 6-23-81. A request for department report was made and
billing for damages will be coming at a later date. Claim for Damages
from Dallas Beeson was for a pitted windshield when a street sweeper
threw rock in passing on 7-6-81. Claim is being filed for information
purposes as this time and is pending a department report.
City Comnissioners Meeting
July 21, 1981
Page
LETTER FROM HUD RE CITY OF BREMERTON DESIGNATION AS AN ENTITLEMENT
COMMUNITY - COMMUNITY DEVELOPMENT BLOCK GRANT
Clerk read letter from HUD designating Bremerton as an entitlement
community and the amount to be granted would be $530,000. The City
will have to submit a requestafter October 1, 1981 and funds will be
available within 60-75 days from date of application.
(1900) LETTER FROM DIAMOND PARKING INC. RE PARKING RATE AT LOCATION #584
ON WASHINGTON AVENUE
Clerk read letter from Diamond Parking Inc. stating a recent rent
increase has forced them to increase the parking rates at the above
location effective August 1, 1981. The new rate will be $450 plus
tax per month over $325 per month. Commissioner Stewart felt we
should look at alternative parking at a cheaper rate. This item
will come back to Council again next week for decision.
PETITION REQUESTING ONE HOUR PARKING LIMITATION ON METERS ON NORTH CALLOW
Clerk presented a petition received from approximately 40 signature
representing merchants on North Callow who were requesting that the
parking ~eters in their area be changed from two-hour to one-hour
limitations.
Capt. Greg Brown stated this was North Callow area from BuPwell to
9th Street and it would be his recommenda'tion to approve this requested
change. Motion by Co~umissioners Stewart and Swanson to approve the
change of parking meters to one-hour only, carried unanimously.
BID AWAR~ - WHEATON/SHERIDAN and !iTH and KITSAP WAY
Clerk read memo from Engineering Department recomnending the bid
for the above projects be awarded to the low bidder, Ryan Built.
The approved bid will include Wheaton/Sheridan Item 34B; llth/Kitsap
Way item 14A and Additive Alternate Bid Number 1 for a pavement over-
lay of Wheaton Way north of the Callaban Street bridge. Funding for
these projects is being provided from a Trident grant through the
Department of Defense. Motion by Commissioner Swanson and Mayor Jarstad
to approve the awarding of the bid to Ryan Built, carried unanimously.
SURPLDS EQUIPMENT FROM ENGINEERING
Clerk read memo declaring the following items be declared surplus and
disposed of in the best interest of the City: 5 K & E Drafting
Machines and 1 calculator stand. Motion by Commissioners Stewart
and Swanson to approve ~he request to declare surplus, carried unanimously.
C~CK & SURFACE SEALER CONTRACT #2028
TSA CORPORATION
Clerk read memo from Engineering stating the work associated with this
contrac~ has been completed in accordance with the plans and specs
except the site cleanup was completed by the Parks Department. It was
their recommendation that the work be accepted for the purposes of
operation and maintenance and that the Parks Department be reimbursed
from TSA's contract proceeds for the City's cost to cleanup the site.
Motion by Mayor Jarstad and Con~issionerStewart to accept the reconm~enda-
t'i~ as presented, carried unanimously.
Mayor Jarstad stated he was glad to see this repair work being
completed to seal the roof of the underground parking area.
City Commissioners Meeting
July 21, 1981
Page Three
PROJECT PROSPECTUS AND CITY/STATE AGREEMENT
CALLOW AVENUE WIDENING-BURWELL AVE. TO EXISTING CROSSWALK
Clerk re~d memo from Engineering with attached documents to request
the release of Federal Funds for the abovelsubject work. The street
widening project is a part of the City's 1982 Transportation Improve-
ment Program. Motion by Conunissioners Swanson and Stewart to approve
the project and signing of the documents, carried unanimously.
PROJECT PROSPECTUS AND CITY/STATE AGREEMENT
WASHINGTON AVENUE AND MANETTE BRIDGE SIGNAL CONTROLLER UPGRADE
Clerk read memo from Engineering with attached documents to request
the release of Federal Funds for the abeve subject work. The replace-
ment of this controller is a part of the City's 1982 Transportation
Improvement Program. Motion by Con~issioner Swanson and Stewart to
approve the project and signing of the documents, carried unanimously.
CHANGE ORDER #7 CONT~kCT #2017
MARION AVENUE PROJECT
Clerk read memo from EngraVing with attached Change Order #7 for
the above project which reflects the difference in the increase and
decrease-of the bid items on the original contract. All work has
been completed and it is recomm. ended that the Change Order be approved.
053 Motion by Commissioners Swanson and Stewart to approve the signing
of this change order carried unanimously.
WORKMEN'S COMPENSATION FOR VOLUNTEER POLICE OFFICERS
Clerk read memo from Personnel Director with attached application
form to provide full workmen's compensation benefits for the volunteer
law enforcement officers. He stated the City is currently providing
only medical coverage and because of the potential liability that
could result, it was his recommendation the City provide full coverage
to these individuals. Mayor Jarstadstated he felt these volunteers
were a very important asset to the City and felt they should also
have the maxim'~n coverage. Motion by Mayor Jarstad and Conm~issioner
Stewart to approve the additional coverage for the volunteer law
enforcement officers, carried unanim6usly.
LETTER FROM GREY CHEVROLET RE POLICE CAR BID
Clerk stated that in the original bid award that six cars were to be
used for trade-in's but that Equipment Rental had requested the contract
be amended to reflect three trade-in's and Gray Chevrolet has stated
they would accept this arrangement with three trade-in's and $2100
cash, still placing theh as the lowest bidder. Motion by Mayor Jarstad
and Commissioner Swanson to amend the orieinal contract as requested,
carried unanimously.
CONTRACT RE DETENTION/iNCARCERATION OF CERTAIN INDIVIDUALS -
CITY OF BREMERTON AND KITSAP COUNTY
Asst. Chief joe Shoemaker stated that this present contract was not
acceptable to him and that it in no way reflected the original pro-
posal. He suggested that he would get in touch with the City Attorney's
office to draw up a contract reflecting the original proposal.
9:30 A.M. - PUBLIC RECOGNITION
John Goodrich, questioned the council regarding the issuance of
the business license for the Playtime Theater. Mayor Jarstad stated
that the court had ordered the opening of the theater and it was
to the advantage of the City to issue a business license so that
B & 0 Tax could be collected, otherwise they would not have to pay
this revenue. Mr. Goodrich also questioned the licensing of the
Palace Sauna and their compliance with the laws of the City of Bremerton,
their violation of recent laws and why hadn't we taken steps to revoke
the license.
City Commissioners Meeting
July 21, 1981
Page Four
2337 PUBLIC RECOGNITION CONTINUED:
Mr. Harry Penor asked City Clerk if his recent letter regarding
adjacent-property to his business had been received and ready to be
acted upon. Ms. Mandio stated she had sent it to Engineering to
determine if the City actually owned the property and would be in
contact with him as soon as possible regarding this.
J__ohn Olson,__Man~r BCT~ stated he was present to make recofr~endations
to the Council regarding changes in the bus routes. He stated he had
not received any community input since last weekr He indicated future
changes in the Saturday A.M. run times; changes in the day runs,
possibly 10 minute time differential than present schedule. He
stated if this were to create a larger patron usage, he would consider
going to a larger bus. He also stated he would have hand-outs of
the changes prepared and distibuted to the patrons for at least two
weeks prior to the change and that adequate publicity would be given
by the press and radio.
f?ape Shi~tey Van Hoover, 2309 Holman, asked Mr. Olson questions regarding
a23 an early Saturday schedule to meet early ferries and also the reco-
4ide 2 mendation of the Burco Report to do more promotion in an effort to
is 1 increase patron usage.
)020
MOtion by Commissioner Stewart and Mayor Jarstad to approve the
reconm~en~ations of Mr. Olson and the Burco report~ carried unanimously.
10:00 A.M. ATTORNEY SELLS ARRIVED TO ADDRESS THE SAUNA ORDINANCE
DISCUSSION RE SAUNA ORDINANCE
~64 James Grubb, Attorney, went over each section of the proposed ordinance
point by point and expressed his concerns of the possibility of the
council putting themselves in a situation for future court action.
He stated he felt we should be very careful not to have our ordinance
in violation of any state WAC, which would take precedence. Follow-
ing are the sections he spoke on:
Section 1 c: Unannounced vists - he feels it is unconstitutional and
will not be upheld by the courts. Section 2 - records keeping -
feels it is an unscrupulous measure of making a police investigation.
Section 3 - Health regulations - he felt the State statuates set out
guidelines that massage parlors must adhere to. Section 4 - Regulation
of Hours - stated that if 10 P.M. closing were endorsed that it would
force them out of business; felt they could adhere to a 2 A.M. closure.
He felt this closure time to be unique in the entire health regulations
and that this is an attempt to put massage parlors out of business.
He stated he felt there have been more violations by police search
than violations of the law by these establishments.
Co~mnissioner Stewart requested the police department to respond and
make a report to council next week on the various points in question
300 raised by Mr. Grubb.
Mr. Leslie Clay-Terry, attorney representing the International and
Palace Saunas, Kirkland, stated he does not understand this ordinance.
He does not like the requirements of listing name and addresses of
clients in records keeping, but suggested the use of a specific sum
without the name of client. In regard to warrantless search, why do
we need additional laws when we have them already. He asked if this
ordinance is to be passed for the purpose of preventing massage
parlors from operating in the City of Bremerton rather than by
complying with the laws of the City.
City Commissioners Meeting
July 21, 1981
Page Five
DISCUSSION OF SAUNA ORDINANCE CONTINUED:
1137 Mr. Sells stated that he felt the name and address sign-in sheet
could be'used as a means for the police department for monitoring
prostitution activities, ie., potential witnesses.
Mr. John Goodrich, urged the adoption of this ordinance with the
adoption of two other items, the records should be kept in the Eng]_ish
language and if these people are providing a therapuetic service,
they should wear white clothes like other health professionals.
Mr. Sells stated that these particular items have been discussed at
first reading and waiting for today's hearing to include them into
the ordinance. Since this is up for second reading today, and the
police department wishes to put in some input, it was recon~ended
to continue the second reading for one more week.
Heather Atema, stated people are concerned about good environment
in the City and do not want conflicting ordinances with laws governing
the people and we should make an ordinance enforcable with conditzions
that the police can work under and do a good job.
Motion by Mayor Jarstad and Commissioner Stewart to set aside the
second reading until we have a report from the police department, to
be on the agenda of July 28, 1981~
I526 HEARING - JOHN MITCHELL - VACATION OF RIGHT OF WAY
2114 E. 17th Street
Clerk stated that this hearing had been posted and advertised according
to law, and that nocorrespondence had been received regarding this
matter. Mr. Attebery stated that the property in question was 2114
E. t7th Street between Pitt Avenue and Perry Avenue, and vacation of
right-of-way to allow construction of an addition and garage to
approximately 3' from north line of right-of-way. He stated it was
the recommendation of the Planning Commission to reconm~end approval
subject to the conditions specified in the Advisory Report.
Mr. John Mitchell, applicant, stated since the plat was developed in
~951 there have been no expenditures of public funds for improvements
to the property. He stated he had received quit claim deeds from the
neighbors involved and everyone had approved his use of it. He stated
an arbitrary figure of value should be arrived at, not to have added
costs of appraisals. He referred to a 1969 statuate which gave the
City power to do that. .Terry McCluskey stated he concurred with the
statuate, that it did give the City the power to assess up to one-half
the value of the property, particularly when the City had added
improvements.
Commissioner Stewart felt we should leave this up to the Planning
Departn~ent to use the personnel from Engineering department to make
recommendations of value.
Mayor Jarstad stated there had been cases involved, where the City
had vacated without cost involved.
Motion by Con~{lissioners Stewart and Swanson to approve this request
based on the recommendation of the Bremerton Planning Co~m~ission,
with recommendations as follows:
City Commissioners Meeting
July 21, 1981
Page Six
JOHN MITCHELL HEARING CONTINUED:
RECOMMENDATIONS:
1. This vacation of right-of-way is subject to the various require-
ments contained in State law, 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 applicable provisions contained therein.
2. Prior to the final passage of the vacation ordinance, the party
or parties who will receive the vacated property shall pay to the
City of Bremerton one-half the appraised value of the parcel vacated.
3. The developer shall grant an easement for construction, repair
and maintenance of public utilities and services if found to be needed.
carrled unanimously.
ONE-WAY STREET HEARING
1828 Bob Fris~ie; Planning Department, presented a program regarding the
purpose of the change to one-way streets. He stated it would increase
parking in the downtown area, improve traffice flow patters throughout
downtown, and would eliminate intersection conflicts for pedestrians
as well as vehicles; in addition to cutting down on some of the
costs in signaling devices. fie outlined the long range plans for
further one-waying of streets, if these were successful. The estimated
cost fox' change-over on the project would be approximately $18,000.
fie stated he had met with the downtown merchants last week and hoped
to be able to continue meeting with them for feedback into the changes
proposed. They had requested some type of monitoring on a monthly
basis regarding their revenue so they could see how the change-over
affected their business. It was the recor~endation of Mr. Frisbie to
have a 90 day trial period, then meet with the merchants to determine
the business impact.
Captain Brown, Police Department, stated this study has been going on
for several years and his depa[tment felt it would also improve the
navy yard traffic flow.
Chuck Bair, stated his concern over the possibility of these two
streets being used eventually as arterials.
~ern Thon~Eo__n, questioned the ending of the one-way streets at Naval
instead of Veneta~ It was felt to be tile best natural point to
2431 one--way the traffic, because of the dead end at Naval and at Washington.
Wanda Mossbarger, questioned Mr. Stewart about giving of B & O Tax
information.
Co[~rissioner Stewart stated he feels we should contact the City of
Tacoma since they have returned some of their streets recently to
two-way usage.
Shirley.Van Hoover, asked if this was the time to be looking at some
of our parking spaces for compact cars instead of full-size cars in
the downtown area.
Captain Brown, stated he would agree to this.
Gene Nelson, suggested we wait for the Sutter-Hi]..1 report for their
reconmendations of one-way streets, parking, etc.
Don Christensen, stated he was the owner of a downtown business
and was concerned that the customers of the downtown shopping area
be taken properly cared for. He expressed hope for continued conm~unica-
tion between the City and the merchants.
City Co~mmissioners Meeting
July 21, 1981
Page Seven
ONE-WAY STREET HEARING CONTINUED:
608 Walt Allowa_X, expressed his feelings regarding the $18,000 90-day
F~~iod and the extra cost of restoring it to two-way should it
not work out. He feels there are too many things opposing this
project at this time, co~nunication is tremendous but that the project
should be implemented properly.
Tape 224
Side 1 Mayor Jarstad stated he felt we have done very well in upgrading
0008 our streets over the past few years in the City Bremerton. We have
had no traffic fatalities on public city streets in over 18 months.
He encouraged community input and reconmlendation of the Sutter-Hill
report for downtown improvements.
Motion by Mayor Jarstad and Coimnissioner Swanson to take no further
actio~ until reconm~endations from Sutter-Hill and no implementation
of changing the streets over at this time and have further meetings
held and and input brought back to the ccunci!, carried unanimously.
12:10 - ].2:12 - Mayor left and returned
APPOINTMENT OF SAFETY INSPECTORS
Clerk read memo from Safety Executive Conmittee which requested the
City Council approve the appointment of the following individuals
as Safety Inspectors: Steve Jaynes; Tom Pratt; Chef Meigs. Motion
by Commissioners Swanson and Stewart to approve the appointments,
carried unanimously.
BID AWARDS - WELT, CASING & BACKHOE
Clerk read memos from the! Water Superintendent reco~nending bid
award for well casing be awarded to Penton Pipe & Tube Corp for
$42,063.00; and bid award for Backhoe be awarded to Buck & Sons
Tractor Co. at a total cost of $20,484.37, for the new 555 Ford Tractor
backhoe. Motion by'~to approve the recommendation and awarding of the
bids, carried unanim6usly.
ORDINANCE NO. 3650 RE 198i MODIFICATION OF OPEP~TtNG BUDGET
Clerk read Ordinance No. 3650, for second reading, amending Ordinance
No. 3616 modifying the 1981 operating budget. Motion by Mayor Jarstad
and Co~nissioner Swanson to approve the ordinance as read, carried
as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner
Swanson, yes.
LETTER FROM EVERGREEN LEGAL SERVICES
Clerk read letter from John Tracy of Evergreen Legal ServiCes which
stated an additional claim was timely but had been misfiled by his office
and should be forwarded to Mr. Leyde. Clerk stated a letter will be
sent to Mr. Leyd~.
COMMISSIONERS REPORTS:
City Attorney McCluskey reported that Mr. Sells has revised the
con~unity impact ordinance and will bring it up to council next week.
Conwnissioner Stewart reported we do have money in ghe General Fund
due to real estate taxes coming, but feels it might be down by September,
as we do not have the reserve as we have had in the past.
(0467)
B~LLS:
~ by Comadssioner Stewart and Mayor Jarstad to approve Warrant
Register #25352-#25357 in the amount of $97,645.71 and Vouchers ~25360-
25450 in the amount of $128,763.10, audited by the City Auditor, carried
unanimously.
Meeting adjourned at 12:20 PM ~~D
KAnt IO, City Clerk
C~NN K. JARSTAD, MayOr