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HomeMy WebLinkAbout12/09/80 UNAPPROVED MINUTES CITY COb~iISSIONERS' MEETING MINUTES December 9, 1980 Tape 203 Regular meeting of the City Commissioners of the City of Bremerton, Washington A 2312 was held in the Council Chambers at City Hall, 239 Fourth Street on Tuesday, December 9, 1980 at 9:05 A.M. with Mayor Jarstad presiding. Also present were Commissioners Stewart and Swanson, City Attorney McCluskey, City Clerk Mandio and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Pastor Jack Duerksen, First Church of the Nazarene. MINUTES OF DECEMBER 2, 1980 Motion by Mayor'Jarstad and Commissioner Stewart to approve minutes as presented, carried unanimously. SEPARATIONS Kathryn Halffman, Engineering Department, temporary help, effective 12/31/80 Gwen Snyder, Engineering Department, temporary help, effective 12/31/80 Iris Bellamy, Treasurer/Accounting, resigned effective 12/12/80 Susan Venard, Water Distribution, temporary help, effective 11/26/80 NOTICE OF EMPLOYMENT Mark R. Thompson, Police, 1st year patrolman, $8.29 per hour, 12/8/80 John W. Celske, Sr., Police, 1st year patrolman, $8.29 per hour, 12/1/80 CHANGE OF PAY STATUS Corrine Harrington, Police, 3C to 3 D ~5.29 to $5.44, 12/27/80 Patricia Burmaster, Police, 5C to 5 D, $5.59 to $6.14, 12/27/80 Craig E. Rogers, Police, 5th year patrolman to motor patrolman 5th year, $9.70 to $9.87, 12/8/80 ~harles Monell, Engineering, lllB - 111 C, $8.23 to $8.46, 12/10/80 Joseph White, Water Distribution, 7A to 7B, $6.30 to $6.51, 12/10/80 Motion by Mayor Jarstad and Commissioner Stewart to approve separations, notices of employment and change of pay status, carried unanimously. PAYROLL VOUCHERS Motion by Commissioner Stewart and Swnson to approve salary fund for the pay period ending November 23, 1980 in the amount of $239,110.80 and Claim fund for the same period in the amount of $8,438.78, audited by John Ross, carried unanimously. LICENSE RENEWAL APPLICATION City Clerk presented application from Kyong S. Bennett for attendant license and recommended for approval by Police Department. Motion by Mayor Jarstad and Commissioner Stewart to approve application, carried unanimously. MEADOWDALE WELL PROPERTY City Clerk read memo from Parks Department Superintendent stating that the Parks Commission recently discussed the nine acre~Meadowdale well property. They felt that the property should not be sold at this time but held for future openspace. It is hoped the Mountain View Openspace District will have the opportunity to acquire the property. The Comprehensive Policy Guide states that publicly owned land shonld be examined for open space potential before being considered for disposal and should include public hearings. They asked that Council delay sale. Morrie Dawkins, 2818 McClain, asked that the Council not sell the property nntil they have a chance to purchase for open space. Commissioner Swanson discussed the vandalism and problems in that area and stated that if the property was held for possible purchase for openspace that he would want to turn it over to the Parks department for maintenance and control of vandalism and answering of complaints. He stated that it is the property of the utility and they will have to be paid. 203-~ Commissioner Stewart asked that the expenditure of monies from the general fund 2344 on utility property be looked into. Discussion followed regarding the contribution of the utilities to openspace. Mayor Jarstad asked that this ~equest be sent to the attorneys office for review. -DEC ! 6 1980 COUNQL APPROVED CITY COMMISSIONERS MEETING MINUTES DECEMBER 9, 1980 Page Two Pat Carey stated that he is concerned about the vandalism and that possibly a committee could be organized of citizens in the area of the property to help control this problem. He asked that the City delay selling the property. 9:30 PUBLIC RECOGNITION Ann Maloof, 278 Kitsap Lk. Road N.W., read a letter to the Council from the Kitsap Lake Environmental Association expressing appreciation for the City's interest in a lake water quality study and presented three recommendations: 1) emphasis be given to a land use management study of the watershed, 2) promotion of bond issue for purchase of nine acres at Kitsap Lake be postponed until completion of both diagnostic lake ~ater quality and lake watersheld management studies are complete; 3) a coordinating committee be formed. This letter in more detail is on file in the City Clerks Office. Mayor Jarstad thanked Ms. Maloof for her interest and support. He expressed the need to make application for grant monies early as they may be lost if we do not move. The studies could be undertaken at the same time as the grant request is in progress. Commissioner Stewart suggested that Ms. Maloof talk to the County also. Commissioner Swanson stated that both DOE and DSHS are putting a high priority on fresh water areas. LETTERS IN OPPOSITION TO ADULT MOVIE THEATER ON CALLOW City Clerk presented letters and petitions from Our Saviour's Lutheran Church and the Naval/Central Neighborhood in opposition to the adult movie theater on Callow. These have been sent to the planning department and are on file in the City Clerks Office. LETTER FROM DAVID ARMSTRONG REGARDING LEYDE VS. STEWART City Clerk read letter from Mr. Armstrong stating that under the City Charter the City is responsible for Mr. Stewarts legal fees and expenses in this action. He stated it is clear his clients actions were on behalf of the City and as part of his job as Finance Commissioner. He stated he expected payment for legal expenses incurred by Mr. Stewart. Mr. McCluske~ stated that he had received a copy of the complaint and that it did not go through the regular City legal channels as it was not served on the City but was served on Mr. Stewart. He stated he was not asked by anyone to represent Mr. Stewart in this action. He had received a letter from Curt Coons, attorney, that stated Mr. Coons was representing Mr. Stewart. Mr. Coons had sent a letter to the insurance company asking that they provide a defense for Mr. Stewart, the letter also asked Tape 204 for the City Attorneys cooperation. Mr. McCluskey sta~ed that he wrote letters (B) 0500 to both insurance companies of the City asking that they provide a defense for Mr. Stewart. Copies were sent to Mr. Stewart and his attorney. Both insurance companies wrote back stating that Mr. Stewart~ actions were outside the coverage of the insurance to the City. Mr. McCluskey referenced the City Charter and stated that he felt the charter is referring to actions taken within the scope of authority. All allegations in the complaint are that they are outside his official capacity. He stated that there is some question as to whether the City can pay for legai defense or any judgment against Stewart personally. Mr. McCluskey stated that his recommendation would be that council could agree that Mr. Stewart~will be reimbursed for legal costs if and when it is determined by the Court that his actions were not outside his scope of duty as Commissioner of Finance. Commissioner Stewart stated that he contacted Mr. McCluskey by phone. He stated that if he did something for gain this council should not pay his legal fees but that he did nothing for gain. He stated it does not seem right that a City official who is doing his job and has saved the City money should have to pay his legal fees. He stated if it is proven in court that he had a financial interest then he should not be reimbursed. Motion by Commis§ioner Swanson and Mayor Jarstad that when the court case is over and determined and if it is found that Commissioner Stewart%actions were within the scope of his position on the council and he was not acting outside of that we pay his attorney, carried as follows: Mayor Jarstad, Yes; Commissionr Swanson, Yes; Commissoner Stewart abstain. AUTHORIZATION OF BROKER FOR BLUE CROSS PROPOSAL City Clerk presented a request from the Police Union to authorize their broker of record for a proposal from Blue Cross regarding the employee benefit program. She stated that the City Attorney's office had found no legal problem and that it is a policy decision. CITY COMMISSIONERS MEETING MINUTES DECEMBER 9, 1980 Page Three Motion by Mayor Jarstad and Commissioner Stewart to approve letter, carried unanimously. POSITION CLASSIFICATON AND JOB ANALYSIS City Clerk stated that the Personnel Director had presented the findings and recommendations of the classification and job analysis project. Mr. Tiberio was present to answer questions. He stated this was presented for review. He stated that this will be reviewed with the union officials. Commisioner Swanson discussed some possible changes. The Commissioners commended Mr. Tiberio for a good job on this project and the caliber of employees being hired by the City. SURPLUS OFFICE EQUIPMENT City Clerk read memo from Municipal court requesting surplus of one Adler Typewriter and one Citizen Comptroller. Motion by Mayor Jarstad and Commissioner Stewart to surplus equipment and dispose of in the best interest of the City, carried unanimously. BID AWARDS - CHLORINE & AMONIA~ OFFICE MAINTENANCE CONTRACT City Clerk stated that Asst. Purchasing Agent had recommended award to Pennwalt for the chlorine and amonia, concurred in by Don Proctor, as the lowest and acceptable bidder. Recommendation was made to award office machine maintenance contract to Als Office Machines as lowest and acceptable bidder. Motion by Mayor Jarstad and Commissioner Swanson to award bids as stated above, carried unanimously. SCOTT WETZEL SERVIES AGREEMENT City Clerk stated that the service agreement with Scott Wetzel for our self- insured workers compensation program expires this year: She stated that the City has saved money by going self-insured and that SWS has been a very good service agency. She recommended approval of a further contract for one year at the same price of $2800 per year. Commissioner Stewart stated that he ownes a minute interest in the firm and cannot vote. Motion by Mayor Uarstad and Commissioner Swanson to approve contract with Scott Wetzel Services for another year at $2800, carried as follows: Mayor Jarstad Yes; Commissioner Stewart Abstain; Commissioner Swanson, Yes. CHANGE ORDER NO. 1 - TRAVELING SCREENS City Clerk read memo from Water Superintendent stating that unforeseen problems in connection of traveling screen to existing intake structure and the addition of an emergency inlet will require additional work by Kendall Construction at an increase of $2,810.00. Motion by Commissioner Swanson and Mayor Jarstad to approve change order No. 1 in the amount of $2,810.00, carried unanimously. REQUEST FOR REZONE City Clerk read me~o from Fire Chief Meigs requesting the City ask the Planning Commission to put on their agenda a request for rezone from R-1 to B-2 on the property recently purchased north of station #1 for the purpose of expansion of station No. One. Motion by Mayor Jarstad and Commissioner Swanson to request rezone change from Planning Commission, carried unanimously. STREET BARRICADES FOR SLEDDING City Clerk read memo from Parks Department Superintendent listing streets to be blocked for sledding. Motion by Commissioner Swanson and Mayor Jarstad to approve list of streets for sledding, carried unanimously. 10:30 FINAL PLAT APPROVAL SHERIDAN HILLS ESTATE City Clerk read memo from Planning director stating that all departments have reviewed the proposed final plat. Ail conditions of the preliminary plat approval have been met through written agreement or plat covenants. Plat was checked by engineer and found to be accurate. City Clerk presented memo from City Engineer stating that there is some drainage control to be completed along the south property line. Mr. Branch has established a savings acccount in the name of the City in the amount of $900.00. CITY COMMISSIONERS ME~ING MINUTES December 9, 1980 Page Four This amount and the performance agreement warrant that the work will be done when the ground conditions are firm. If not completed in two years, the City is authorized to draw the money from the savings account and perform the work. Recommendation was made to accept agreement and signature card. Mr. Root briefly explained the drainage problem,He stated that the $900 is more than adequate to cover the cost of the work. Motion by Commission~rsStewart and Swanson to accept performance agreement for drainage control work and sign signature card for savings account, carried unanimously. City Clerk read memo from City Engineer stating that at the time the preliminary plat was filed and accepted by the City utility and drainage easements were presented. The development of the utilities and drainage facilities was~altered with the City Engineers approval during the finalizing of the plat. Final plat indicates the actual location of proper easements. The proper dedication of easements is placed upon the final plat documents to be accepted with the final plat. Recommendation is made that easements lying within the boundaries of the plat of Sheridan Hills Estates and presented to the City at the time of acceptance of the preliminary plat be vacated. Motion by Commissioner Swanson and Mayo~ Jarstad to vacate easements, carried unanimously. Mr. Attebery stated that the approva~ of the final plat was necessary. Motion by Commissioner Stewart and Swanso~ to approve final plat, accept final plat easements and authorize Mayor to sign the final plat, carried unanimously. OLYMPIC COLLEGE BY PASS PROPERTY ACQUISITION City Clerk read memo from City Engineer presenting the quit claim deed from the State Board for Community College Education for the conveyance of the necessary property from the College to the City for the construction of the Olympic College By-Pass. It stated property descriptions had been reviewed and are in order and recommended acceptance of the deed subject to approval of City Attorney. Motion by Commissioner Swanson and Mayor Jarstad to accept quit claim deed upon approve of attorney, carried unanimously. Under Discussion Jim Root stated that most of the property except for one small piece had been purchased or is in escrow; that the design is moving along nicely. They are looking at a February 1, 1981 bid date. 17th STREET IMPROVEMENTS CHANGE ORDER NO. ONE City Clerk read memo from City Engineer regarding change order for 17th Street project. The change order authorizes the adjustment of bid item quantities to reflect the actual quantities encountered during the course of the work. It further authorizes removal of existing concrete curb, gutter, and sidewalk on the s.w. leg of the Elizabeth/17th intersection in order to provide street gutter to match the new street profile. It also authorizes the asphalt overlay. Funds are available from HUD Block Grant and 1/2 cent Gas Tax Fund 101. The net increase is $11,443.16. Motion by Commissioner Swanson and Mayor Jarstad to approve Change order No. 1 in the amount of $11,433.16, carried unanimously. RESOLUTION NO. 1822, IMPROVEMENT OF STATE ROUTE 3, ARSENAL WAY TO CHICO City Clerk read "A RESOLUTION regarding the improvement of State Route 3, Arsenal Way to Chico". Motion by Mayor Jarstad and Commissioner Swanson to pass Resolution No. 1822, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. ORDINANCE NO. 3613 - APPROPRIATING ADDITIONAL FUNDS FOR 1980 Clerk read, first reading, "AN ORDINANCE of the City of Bremerton, Washington amending Ordinance No. 3567, as amended by Ordinance Nos 3588, 3599 and 3609 appropriating additional funds for the year 1980 and delcaring an emergency." Memo was read from the City Treasurer stating that the Community Block Grant funds, being a a Federal Fiscal year have exceed the 1980 appropriation. To allow for this on-going program the 1980 appropriations need to be increased as shown. In addition an error in prior year payments to the fiscal agent from the parking system bond has necessitated the increase. Mrs. Mandio stated that the reading of this CITY COMMISSIONERS MEETING MINUTES December 9, 1980 Page Five ordinance as an emergency ordinance last week was not legal as the City Charter requires that all three commissioners be in attendance to approve it. Motion by Commissioners Swanson and Stewart to pass Ordinance 3613 on first reading and declaring an emergency, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Con~nissioner Swanson, Yes. ORDINANCE NO. 3614, WASHINGTON MODEL TRAFFICE ORDINANCE City Clerk read, first reading nAN ORDINANCE adopting the Washington Model Traffice Ordinance and other traffic statutes to regulate traffic on the highways of the City of Bremerton and repealing other ordinances and all other ordinances and sections of ordinances in conflict therewith; and declaring an emergency". Under discussion, Mr. McCluskey explained that this must be adopted by January 1, 1981. Under this ordinance you cannot+be sent to jail for traffic violations, you can just be fined and this will eliminate the public defenders. This is not considered a criminal offense, it is a civil offense. If you fail to appear or failure to pay you are not placed in jail but it becomes a record on your drivers records in Olympia. In order to renew your license it would have to be eliminated. It takes away the need for the process server to go out and find these people, and the fines are the same. Commissioner Stewart stated that he understood the City of Seattle is sueing over this statute and asked about the affect on parking tickets. Mr. McCluskey said there is a problem with that and they are working wi~h the Court Administrator. Motion by Mayor Ja~stad and Commissoner Stewart to pass Ordinance No. 3614. Under discussion:Commissioner Stewart stated that he disagreed that we have a statutory obligation and he supports the City of Seattle in the lawsuit. Discussion followed regarding decriminalization. Commissoner Swanson stated that he did not like the decriminalization of hit and run and some of the other areas. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson No. Mr. McCluskey stated that if this is not passed as required by State law we may have all of our cases in this area"dismissed by the Judge. Mr. Swanson reiterated that he did not like the decriminalization of the hit and run Tape 204 unattended. Mr. McCluskey suggested that we might eliminate that pa~t. (B) 1343 Commissioner Swanson requested time to review the entire ordinance. Mr. McCluskey asked that this be put back on next weeks agenda. BID OPENINGS 11:00 Street Sweeper Howard Cooper Corpormtion - No Bid Fray Equipment Co. - No Bid Paul K. Haggard, Co, Bid check enclosed, $77,193.32, trade-in $7,000.00 Sahlberg, bid check enclosed, $62,093.30, trade-in $10,250.00 RIGHT OF WAY IVY ROAD City Clerk presented memo from City Engineer requesting acceptance and recording upon approval of City Attorney of deed for five feet of right of way on Ivy Road. It was received by Engineering prior to approval of Mr. Willard Nelson's short plat. Right of way at the short plat location prior to this deed was 30 feet. Motion by Mayor Jarstad and Commissioner Stewart to acdept deed, carried unanimously. BILLS Motion by Commissioner Stewart and Mayo¥ Jarstad to approve for payment. vouchers numbered 20266 through 20268 inclusive in the-amount of $90,641.91, carried unanimously. COMMISSIONERS REPORTS Commissioner Stewart stated that he hopes people will attend the meeting tonight with the State Legislators and express their views. Commissioner Swanson read a letter from Mr. George Moe announcing his retirement in early May of 1981. Mr. Moe has been an employee of the City for 22 years in the Engineering department. Commissioner Swanson stated that Mr. Moe has been a faithful employee and that he wishes him well in retirement. CITY COMMISSIONERS MEETING MINUTES December 9, 1980 Page Six Tape 204 Mr. McCluske~ discussed the going out of business ordinance. Stated it was (B) 1623 repealed in 1974. There was a request from a businessman to eliminate the ordinance. He will review the old ordinance and prepare a new one for the commissioners review. Motion By Commissioners Stewart and Swanson to direct the City Attorneys office to prepare a new ordinance that will protect the people from unfair going out of business sales, carried unanimously. Mayor Jarstad discussed the number of home fires this time of year and urged citizens to look for any hazards. BILLS Motion by Commissioner Stewar~ and Mayor Jarstad to approve for payment vouchers numbered 20273 through 20445 inclusive in the amount of $288,529.48 contingent upon approval of auditor, carried unanimously. Tape 204 Meeting adjourned 11:40 a.m. (B) 1660 KATHLEEN L. MANDIO, CITY CLERK APPRUVED: GLENN K. JARSTAD(.~iAYOR