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HomeMy WebLinkAbout03/11/80 JNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES F!'~: ~ March 11, 1980 .~.L,~ .~ TAPE #180 Regular meeting of the City Commissioners of the City of Bremerton, Washington, (B) 2070 was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, March 11, 1980 at 9:05 A.M., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Swanson, City Clerk Mandio, Asst. City Attorney Haberly and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. Schultz of Charleston Baptist Church. MINUTES OF MARCH 4, 1980 Motion by Mayor Jarstad and Commissioner Stewart to approve minutes as circulated, carried unanimously. NOTICES OF EMPLOYMENT Richard William McCluskey, Police Dept., 1st Yr. Patrolman, $7.50 per hr., 3/3/80. Coni Mae Lumsden, Parks & Recreation, Extra Labor (Scorekeeper), $3.25 per hr., 3/3/80, intermittent. Kim Kvistad, Police Dept., Extra Help (Matron), $4.00 per hr., 3/2/80. John B. Weatherill, Police Dept., 1st Yr. Patrolman, $7.50 per hr., 3/10/80. Motion by Mayor Jarstad and Commissioner Stewart to approve notices of employment, carried unanimously. CHANGES OF PAY STATUS Jay Bradford Burns, Parks & Recreation, Extra Labor (Pool Guard), $3.50 to $3.75 per hr., 3/3/80. Ronald D. McKiernan, Fire Dept., 1st Yr. Firefighter to 2nd Yr. Firefighter, $6.44 to $6.70 per hr., 2/22/80. Motion by Commissioners Stewart and Swanson to approve changes of pay status, carried unanimously. PAYROLL VOUCHERS Motion by Commissioners Stewart and Swanson to approve payroll vouchers: Claim Fund for payroll period 2/18/80 thru 3/2/80, $8,332.75; and Salary Fund for same period, Gross Payroll, $228, 809.46, audited by John Ross, carried unanimously. TAXICAB DRIVERS' LICENSE APPLICATIONS Carl Sylvester Rose, Jr., James Joseph Thompson and Gerald Clinton Drake, all approved by Police Dept. Motion by Mayor Jarstad and Commissioner Stewart to approve taxicab drivers' license applications, carried unanimously. CALL FOR BIDS - New Cash Registers Clerk read memo from City Treasurer, dated March 3, 1980, which requested permis- sion to call for bids for new electronic cash registers to replace the mechanical cash registers. The memo stated the hardware cost is expected to be approximately $200.00 per mo. and programming is expected to be done in-house. Motion by Commissioners Stewart and Swanson to call for bids for new electronic cash registers for the Treasurer's office. Under discussion: Commissioner Stewart stated this will not eliminate one keypuncher position; that two positions are needed for punching and verifying of the entries. Motion carried unanimously. CALL FOR BIDS - Fifth Laning, Wheaton WaS from Sylvan to Broad Clerk read memo from City Engineer, dated March 5, 1980, which requested permis- sion to call for bids for the fifth laning of Wheaton Way from Sylvan to Broad; that this project is funded by Federal Aid Municipal Program with City matching funds being provided from Fund 101. Motion by Commissioners Stewart and Swanson to call for bids for fifth laning of Wheaton Way, Sylvan to Broad, carried unanimously. BID AWARD - Park & 4th and Pacific & 4th Clerk read memo from City Engineer, dated March 6, 1980, which recommended that bids for Park & 4th and Pacific & 4th be awarded to General Service Electric, Inc. as low bidder. CITY COMMISSIONERS' MINUTES March 11, 1980 Page two Motion by Commissioner Swanson and Mayor Jarstad to award bids to General Service Electric, Inc. in the amounts as follows: Park & 4th, $37,750.00 (with specialized diagnostic test equipment) and Pacific & 4th, $39,500.00 (without specialized diag- nostic test equipment), carried unanimously. BID AWARD - Fire Station Clerk read letter from Harry B. Rich, dated March 7, 1980, which recommended that bid for fire station be awarded to Lincoln Construction Co. as low bidder. The letter stated that the bid is for the basic contract price plus Alternate #2 and Alternate #4. Motion by Mayor Jarstad and Commissioner Swanson to follow recommendation of Mr. Rich and award bid to Lincoln Construction Co. as low bidder, carried unanimously. CALL FOR BIDS - Push Button Encoder Clerk read memo from Fire Chief, dated March 10, 1980, which stated that the current device for fire and aid service in Kitsap County CENCOM is a cumbersome device that helps create errors in dispatch and is replaceable by a more modern device at a total cost of approximately $12,000.00; that grant funds have been identified for one-half of the cost and the other costs will be absorbed by fire and aid services departments throughout the County. The memo stated the total eventual costs to the Bremerton Fire Dept. should remain less than $1,000.00. The memo recommended that the City underwrite the costs initially. Ms. Mandio explained that the money would be paid out of the Fire Dept. budget initially and when the grant money is received, that money will go back in their budget. Motion by Mayor Jarstad and Commissioner Swanson to follow recommendation of Fire Chief and call for bids for Push Button Encoder, carried unanimously. CROSSWALK, WHEATON WAY AT EASTWYND APTS. Clerk read memo from City Engineer, dated March 7, 1980, attached to which was a memo from the Traffic Division recommending that a crosswalk be placed across Wheaton Way at Eastwynd Apts. City Engineer concurred with Police Traffic. Motion by Commissioner Swanson and Mayor Jarstad to authorize crosswalk as desig- nated by Police/Traffic and City Engineer, carried unanimously. AIR CONDITIONING FOR CITY HALL James Root, City Engineer, stated he had discussed the proposal with the consultant very thoroughly, particularly regarding doing only the second floor portion of City Hall. He recommended that the consultant be authorized to perform Task #1, which would amount to $3,000.00. He read Task #1: "Analysis of the existing electrical, structural and mechanical constraints of the building. Identify alternatives for the air conditioning of the second floor for maximizing level of service and the conservation of energy." He stated the consultant would need written approval from the City before going ahead with Task #3. Motion by Mayor Jarstad and Commissioner Stewart to approve entering into a contract with Valentine, Fisher and Tomlinson for Task #1 as stated above. Under discussion: Mayor Jarstad stated he thinks it is imperative that the City get that kind of engineering background to alleviate the problem. Motion carried unanimously. Motion by Commissioners Stewart and Swanson that the needed funds be taken from Cumulative Reserve for General Municipal Purposes Fund, carried unanimously. ORDINANCE NO. 3578 - Business Licenses/Community Impact Mayor Jarstad asked for testimony from those present regarding the ordinance regulating the issuance of business licenses and the impact on existing businesses. He stated this is a very involved legal subject and much more complex than many realize. Commissioner Stewart stated he received a letter from Albert Smith, 917 Highland Ave., dated March 7, 1980, which stated he opposes censorship and he does not believe a business license should be refused to anyone who wishes to operate an adult movie or book store; that a person must be 21 years of age to patronize these businesses and the merchants do not solicit business. Roy Scruggs, representing the North Callow merchants, read letters from residents opposing adult book stores and movie houses. He stated they have over 15,000 signatures on a petition and they expect to get many more. He stated he is opposed to this type of business. =2- CITY COMMISSIONERS' MINUTES March 11, 1980 Page three Karlynn Haberly, Asst. City Attorney, stated it is the opinion of the City Attorney's office that the ordinance as written is too vague to enforce; that it does not have sufficient guidelines to determine or distinguish what a negative impact is and it is in violation of both the due process and equal protection clauses. She stated the ordinance needs some more work and guidelines; that it is very difficult to establish standards and guidelines. Mayor Jarstad suggested that the type of business licenses for adult movie houses and book stores be in a different category because persons entering these places must be 21 years of age. He stated this ordinance is not a censorship ordinance; that extensive evaluation has been done by the City Attorney's office and the only method of protecting businesses from adverse effects due to these businesses is through the zoning concept as used by Seattle. He stated he does not know if this is what should be done in Bremerton. Commissioner Swanson stated that the State and Federal Government require impact statements for a number of things; that this ordinance is on the basis of impact rather than morals. He stated these "adult" businesses do have an adverse impact on other businesses in the area and he thinks the City Council should act on it. Bob White thanked the Council for the work they have done and asked what the com- munity is supposed to do if this is tabled. He asked why an ordinance similar to the one used by Des Moines cannot be set in motion. He stated all of them on Callow Ave. have all of their livelihood in their stores; that this is third party impact and does not concern censorship. Clerk read, second reading, "AN ORDINANCE of the City of Bremerton requiring a study of the impact that the issuance of a business license will have on the Bremerton community if any business is issued or renewed a license, authorizing denial of a business license or renewal on a finding of significant adverse community impact, and providing appelate procedures". Motion by Commissioners Swanson and Stewart to pass Ordinance No. 3578 on second reading, by title only. Under discussion: Commissioner Stewart stated he does not believe in censorship; that the way the ordinance is written now does not mean that the City will outlaw any business unless it has an adverse community impact. Keith Paynor, Pastor of First Baptist Church, asked if these businesses could be denied on the basis that they are a danger; that he knows it can't be done as far as morals are concerned. Commissioner Stewart stated the only way this ordinance can stand up in Court is through a third party impact. Commissioner Swanson stated this ordinance appeals to him because it deals with the impact it has on other businesses. Ken Attebery, Planning Director, requested that tighter guidelines be written into the ordinance. He stated there is no criteria in the ordinance to help him make the decision which businesses should submit a Community Impact Statement; that there is no appeal process to the determination that a business does or does not need a Community Impact Statement. He stated the City wants to make sure it has the best chance of winning a court case and tighter guidelines and more criteria are essential. Mayor Jarstad stated he feels there should be more refinements in the ordinance. Commissioner Swanson stated amendments can be made at a later date; that he feels Mr. Attebery has the intelligence to make the proper decisions regarding which businesses need the Community Impact Statement. Lillian Smith stated she has several rentals in Bremerton and she feels the impact this kind of business has on rentals is tremendous. She stated she thinks the City Council should take into consideration what impact "adult" magazines have on the children of the community. Sherry Miller stated it angers her that morals are of no concern; that this must be fought on a third party impact only. Karen Quick asked what would happen if everyone in Bremerton voted that they did not want these businesses and Commissioner Stewart stated nothing; that it would be discriminatory to ban these businesses. Question was called and motion carried as follows: Mayor Jarstad, Yes~ Commissioner Stewart, Yes; Commissioner Swanson, Yes. Meeting recessed from 10:50 A.M. until 11:00 A.M. -3- CITY COMMISSIONERS' MINUTES March 11, 1980 Page four BID OPENING - One new 1-ton cab & chassis Motion by Mayor Jarstad and Commissioner Stewart to open bids at this time, carried unanimously. Grey Chevrolet, Inc., bid check enclosed, $7,950.13, $400.00 trade-in (Ford) and $400.00 trade-in (GMC). Haselwood Buick-Pontiac, bid check enclosed, $7,880.67, $500.00 trade-in (Ford) and $500.00 trade-in (GMC). Motion by Commissioner Swanson and Mayor Jarstad to refer bids to Purchasing and Equipment Rental for evaluation and award at a later date, carried unanimously. Commissioner Swanson left the meeting at this time to attend a meeting at Pullman regarding street care and improvements. COPYING SYSTEM FOR CITY Clerk read letter from Wayne Cowley, dated March 7, 1980, which stated he has per- formed a second evaluation of copying needs which included an evaluation of alter- native Xerox equipment. The letter recommended that the existing Xerox equipment be removed and replaced with equal or better Savin equipment from Rainier Copy Co.; that the first year savings over current costs will be $9,260.32. She then read memo from Planning Director, dated March 10, 1980, which stated that the Planning Dept. is responsible for as much as 50% of the copy volume for the City; that 90% of their copy work is done on the Xerox 2400. The memo stated further the Planning Dept. is hesitant and would not want to step into a 5-6 year purchase agreement for the Savin 600, which will not fill the vast majority of their copy needs. Steven Neal, representing Rainier Copy Co., stated the Planning Dept. copy~needs should have more consideration and other companies should get involved, not just Savin and Xerox. He suggested excluding the removal of the Xerox 2400 from their proposal and implementing the Savin system for the rest of th~ City. He stated their equipment is reliable, cost effective and they are a local company with trained repairmen~ that they can do as good or better job for the City and save a considerable amount of money. Wayne Cowley, Management Consultant, discussed the needs of the Planning Dept. He stated the Xerox 2400 is about six years old and breaks down frequently; that is why he recommended replacing that machine. He recommended replacing the other Xerox machines with Savin equipment. Dick Walter, Marketing Manager for Xerox, discussed the difference in equipment and stated Xerox could put less expensive equipment in that is comparable to what Savin plans to install. He discussed whether the City should purchase outright or lease/ purchase. He offered the use of the Xerox 9200 for 30 days, at no charge, to allow the City to evaluate this machine. He requested that Council not make a decision today and allow Xerox to come back with a proposal. Ms. Mandio explained that Xerox was requested to submit a proposal and Mr. Cowley stated he felt Xerox has had ample time to present a proposal. Ms. Mandio stated the City is currently paying more per year than it would on a lease/purchase. She stated she does not see how the City can get hurt by purchasing this equipment; that the rental program is not in the best interests of the City. Bill Morgan, owner of Rainier Copy Co., stated if they had anything to compare with the Xerox 2400, they would suggest using it. He stated he thought the City should replace all the Xerox machines except the 2400 with Savin equipment; that his equip- ment has more benefits than the Xerox machines the City is now using. Motion by Commissioner Stewart and Mayor Jarstad to purchase six (6) new Savin machines and keep the Xerox 2400, carried. UAB FUNDS - Street Improvement Clerk read memo from City Engineer, dated March 6, 1980, attached to which were prospectuses for Urban Arterial Board Funding for the Sixth St. & Naval Ave. and Sixth St.-Wycoff to Montgomery projects. -4- CITY COMMISSIONERS' MINUTES March 11, 1980 Page five Motion by Commissioner Stewart and Mayor Jarstad to approve prospectuses and authorize Mayor and City Clerk to sign for the City, carried. HUMANE SOCIETY COMPLAINT (Letter from James Kirby) Clerk read letter from James R. Kirby, 810 Ironsides, dated March 5, 1980, with a complaint regarding the way he was treated by an employee of the Humane Society. This letter is on file in the Clerk's office. Motion by Commissioner Stewart and Mayor Jarstad to refer letter to Humane Society and request that they respond to Mr. Kirby, carried. BUS ADVERTISING CONTRACT Clerk read letter from John McElhinney, dated March 5, 1980, which requested a delay on the start of the contract for bus advertising. Ms. Haberly requested that it be referred to her for evaluation and report back to Council. LETTER FROM PLEASANT AVENUE RESIDENTS Clerk read letter signed by six residents of Pleasant Avenue thanking the City Council for approving preferential parking and installing speed limit signs for the 900 block of Pleasant. This letter is on file in the Clerk's office. PROCLAMATION - Girl Scout Week Clerk presented Proclamation of Mayor: March 9 - 15, 1980 as Girl Scout Week. SURPLUS TYPEWRITER - Municipal Court Clerk read memo from Municipal Court, dated March 10, 1980, which stated that Municipal Court has one Adler Electric 21 Typewriter, Serial #7747051, which is surplus to their needs. Motion by Mayor Jarstad and Commissioner Stewart to declare above typewriter surplus and dispose of in the best interests of the City, carried. STREET LIGHT INSTALLATIONS (Willow St. & Pump Station 23 Access Rd. & Lakehurst Dr.) Clerk read memo from City Engineer, dated March 7, 1980, which recommended that street lights be installed in the vicinity of 238 Willow St. and at the intersection of Pump Station 23 Access Road (currently unnamed) and Lakehurst Dr. The memo stated that the lighting is poor in both locations. Motion by Commissioner Stewart and Mayor Jarstad that street lights be installed in the above locations, carried. BID CALL WAIVER - Sparlin~ Telemeterin~ Parts Clerk read memo from Water Superintendent, dated March 11, 1980, which stated that Envirotech Sparling is the single source of supply for Sparling telemetering equip- ment. The memo requested that bid call be waived. Motion by Mayor Jarstad and Commissioner Stewart to waive bid call for purchase of Sparling Telemetering Equipment, as single source of supply, carried. SURPLUS MEADOWDALE PROPERTY Clerk read memo from Water Superintendent, dated March 7, 1980, which stated the 9 acres surrounding the Meadowdale Well are a liability asset to the Water Dept.; that motor bike riders are damaging the trees and logging roads. The memo recom- mended that the property be appraised and sold to the highest bidder; that the money received can be used to build on the warehouse site. Ms. Mandio stated that the City had gQtten an appraisal on this property once before and North Perry bought one acre in the interior. She stated an appraisal costs approximately $1,200.00 and before requesting another appraisal, she wants to be sure that the City is going to sell it. Jim Root, City Engineer, asked if it is necessary to get an l~Ut~ appraisal. He stated that the appraisals Gerry Thornburgh does come within 10% of professional appraisals. Ms. Haberly stated she would investigate to determine if an l~kI appraisal is necessary. Mayor Jarstad suggested that this item be set aside until Commissioner Swanson is present. -5- CITY COMMISSIONERS' MINUTES March 11, 1980 Page six INTERFUND LOAN TO WASTEWATER FUND Clerk read memo from City Treasurer, dated March 7, 1980, which stated the waste- water fund began the year with a $102,405.00 deficit and incurred further deficits of $68,562.00 in Jan. and Feb. The memo proposed to execute an interfund loan of $180,000.00 to Wastewater from other funds at 15% interest. Commissioner Stewart explained that he recommended this approach because he wanted Council to be aware what is happening in these areas. ORDINANCE NO. 3579 - Holidays Exempt from Restrictions on Parking Clerk read, second reading, "AN ORDINANCE an~nding Section 8 of Ordinance No. 2848 relating to holidays exempt from restrictions on parking". Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3579 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Swanson, Absent. ORDINANCE NO. 3580 - Amending Brandt Ordinance No. 3471 Clerk read, second reading, "AN ORDINANCE repealing subsections 5 and 8 of Section 1, Ordinance No. 3471 (Brandt)". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3580 on sec~reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Swanson, Absent. BILLS ~n by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 15304 thru 15456 inclusive in the amount of $108,592.67 and vouchers 15298 and 15300 inclusive in the amount of $273.89, audited by John Ross, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Absent. WARREN AVENUE - 15th to 16th Jim Root, City Engineer, presented a progress report on the Warren Avenue, 15th to 16th fifth laning. He stated the asphalt curb would be placed today; Wed. and Thurs. the paving will be done and all traffic will be rerouted through the College; Friday the pavement markings and channelization will be done. He stated the new signal should be in operation by March 21, 1980. Work will be done, weather permitting. APPROVAL OF THREE STREET IMPROVEMENT PROJECTS Mr. Root stated he received notice that Olympia has approved the following projects: (1) New signal at Park and 11th; (2) Upgrade the signal at Kitsap Way & Shorewood; and (3) Left-turn pockets at 6th & Naval. Meeting adjourned at 12:45 A.M. Approved: -6-