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HomeMy WebLinkAbout02/26/80 CITY COI~'IISSIONERS' MEETING MINUTES February 26, 1980 TAPE Regular meeting of the City Commissioners of tile City of Bremerton, Washington 179 (B) was held in the Council Chambers at City ltall, 239 Fourth Street, Tuesday, 2218 February 26, 1980 at 9:00 a.m., with Hayor Jarstad presiding. Also present were Commissioner Swanson, Commissioner Stewart, City Clerk Mandio, Asst. City Attorney McCluskey and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Rev. John Hierholzer of First United Methodist Church. MINUTES OF FEBRUARY 19, 1980 blotion by Mayor Jarstad and Commissioner Swanson to approve minutes as circulated, carried unanimously. REPORT OF SEPARATION Parks and Recreation - Laura Jordan, Cashier/Pool, 2/20/80; Jack H. Dillon Serviceman Trainee CETA #4088, 2/29/80; Kelvin Green Serviceman Trainee CETA #4086, 2/29/80; Christine Shults, Servicemen Trainee CETA #4085, 2/29/80; Ronald T. Miller, Serviceman lssistant CETA #4770, 2/9/80. Police Department - Kim Kvistad, Cadet, 2/29/80; Ruth Head, Detective, 2/7/80; Laura King, Patrolman, 3/2/80. Motion by llayor Jarstad and Commissioner Swanson to approve Reports of Separation, carried unanimously. NOTICES OF Ei~LO~iENT Mark Scott Workman, Water Supply, Part time laborer, $~.00 per hour, 2/26/80. Brian William Johnson, Police, 1st year Patrolman, $7.50 per hour, 2/25/80. Motion by Commissioner Swanson and ~-layor Jarstad to approve Notices of Employment, carried unanimously. CHANGES OF PAY STATUS Police Department: Laura E. King, 2nd year Patrolman from CETA to Police, $7.82 per hour, 3/1/80. Cynthia Angeles, Office Asst. I to Office Asst. II, $4.99 per hr. 3/3/80. Cynthia Angeles, Office Asst. I CETA to Police Records Bureau, $4,44 per hour, 3/1/80. Street Department: Daniel Mondreen Sullivan, Serviceman Aide CETA #4886 to C.S.E., Step 2A $4.70 per hr. (no change) 3/1/80. Mark James McDonough, Serviceman Aide CETA #4887 to C.S.E. $4.70 per hr (no change) 3/1/80. Patrick .C Westhoff, Recreation Leader, Parks and Recreation, $8.05 to $8.72 per hr., 2/18/80. Kellyene Stallman, Draftsman 6A, Water, $5.95 6A to $6.14 6B, 3/12/80. Motion by Mayor Jarstad and Commissioner Swanson to approve Changes of Pay Status, carried unanimously. PROCLAMATION - ROTARY INTERNATIONAL WEEK Clerk read Proclamation proclaiming that the week of February 29, 1980 be designated as ROTARY INTERNATIONAL WEEK in tribute to our own Rotary Club and their fellow Rotary member clubs throughout the world. Hayor Jarstad presented the Proclamation to Niels Nielsen, representing the Rotary Club. Mr. Nielsen presented a banner to the Mayor as a gift to the City of Bremerton. WESTERN TELE-CON~iUNICATIONS SUB-LEASE City Clerk presented the sub-lease between Western Tele-Communications Inc. and U.S. Government Coast Guard. She stated that our lease with Western Tele-Communications Inc. requires that we approve any sub-lease. Mr. Jim Root, City Engineer stated that there was an error in the legal description on our lease and he would like to get that resolved. The Mayor suggested that Mr. Root and Mr. Smersh of Western-Tele Communications work out the legal description this morning and bring back before council adjourns. CITY COI~tISSIONERS MEETING February 26, 1980 Page Two CALLOW RESIDENTS AND BUSINESS CONCERNS City Clerk read a letter from Ronald J. Van Hollebeke objecting to a pornographic book store locating on Callow. He stated that this type of business detracts from the Callow business area. This letter is on file in the Clerks office. Mayor Jarstad asked for testimony from the citizens present. Roy Skruggs, 332 N. Callow, stated that the West Bremerton Merchants are opposed to another adult book store in the area. That many people arrive in Bremerton via Callow Ave. and the first thing they see are these stores. This is not the kind of business we want as a first impression. Rev. Charles Erskin, Free Methodist Churck, 1907 14th Street, stated he and his congregation are opposed to this adult book store in Bremerton. blayor Jarstad stated that before the first establishment of a pornographic book store the council took a stand against it anywhere in Bremerton. A hearing was held with many people in attendance and the whole issue became a challenge to First Amendment rights. We went to Court and lost and the book store was established against the wishes of Council. He stated that the entire Council is against this but it is a First Amendment rights i~sue. Tcrry McCluskey stated that this p~oklem has come up throughout the United States. The Supreme Court has ruled that we aannot prevent the establish- ment of the business but we can and do have guidelines as to how they are conducted. He stated we were ordered by the Judge in Superiour Court several years ago to issue the license. If we refuse to issue the license again the same thing will happen. If they violate our guidelines they can be closed. Commissioner Stewart explained a zoning system used in Marysville to zone an area not to allow this type of business. Mr. McCluskey stated that the City of Seattle has done this with adult theaters. Bob Wright, 334 No. Callow stated that they are about to lose the lsdies apparel store because of this. He stated they are now starting to get shoppers back in the Callow area and that this will definitely hurt business. IMayor Jarstad suggested that a group of people from Callow be set up as a committee to look at the zoning out of this type of business. Mr. McCluskey suggested that the committee find out who is leasing the building out and if the lease can be broken, he stated they also have the right to peaceful picketing of the area. He stated the change in zoning ordinance will take a cbuple months. It was asked if a moratorium could be put on business licenses. }~. McCluskey stated that it could not be done selectively, would have to be done on all licenses. Keith Painters, Rev. First Apostolic Church stated he and his congregation are against this establishment in Bremerton. Joel Mapes Callow Businessman asked if the Counc'il would take this to court again in order to delay the opening. Mayor Jarstad stated that all possibilities will be looked into. Mr. McCluskey stated that the Court has held that once you apply youhavea vested right. If we pass a zoning ordinance after licensed it will have no effect on e~isting establishments. Conm~issioner Swanson stated that he is opposed to this book store in that area, that in light of Supreme court rulings it is difficult to say that we can come up with an instant answer to the problem. John Gedrick, 2610 Burwell stated that they do not have an organization to fight this but that they will. He stated the Supreme Court is receptive to political pressure and they will put the pressure on. It was asked if an E.I.S. would be appropriate in the area. Ms. McIver, 7013 Parkdale Dr. N.W. stated that she will not take her daughter into the area where those businesses operate. Rick Dreschner of Spot Realty stated that Spot had rented this to the book store, that they were informed it was a legitimate book store and that Spot'Realty has their legal staff looking over the lease documents now to see how they can get out of the lease. CITY CO~ISSIONERS F~ETING Page Three February 26, 1980 He stated that they would not have rented had they known it was a pornographic book store. He stated that Spot Realty does not want this element in the business area and they will do everything they can. Police Chief Devery stated that peaceful picketing is allowable. He discussed the enforcement problems with these establishments. TAPE 179 (B) Mayor Jarstad stated that the Council and City Attorneys will work closely 2679 with the Callow businessmen and residents and that they should proceed immediately with the zoning ordinance and contact the Planning Director. TAPE BID OPENING 180 (A) Motion by Mayor Jarstad and Commissioner Stewart to open bid, carried unanimously. Communication System Analyzer: Motorola, Bid check enclosed, $10,916.59 (this was the only bid) Motion by ~ayor Jarstad and Commissioner Swanson to refer bid to committee for review and recommendation, carried unanimously. WESTERN TELE-CO~UNICATIONS LEASE - continued Mr. McCluskey stated that he had reviewed the sub-lease. He emphasized to Mr. Smersh that there are provisions in his obligation to the Coast Guard which the City is not obligated to. He stated that the lease is between The City and Western Tele-Communication and tl~ose provisions are the ones that are binding on the City. Mr. Smersh stated that he realized his obligations to the Coast Guard are separate from those with the City. Mr. Root stated that the legal description had been corrected and that Mr. Smersh will have the ~mended legal recorded. Motion by Commissioner Swanson and Mayor Jarstad to approve sub-lease between the U.S. Government Coast Guard and Western-Telecommunications~ carried unanimously. BREMERTON SCHOOL LEVY Tom Ford, Superintendent of Bremerton Schools, Joyce Davison, School Board, Ron Gillespie, Principal and Larry }Iusser, Chairman of Citizens Committee for the levy were present to discuss the levy and urge support. They stated that the legislature has funded 80% of education. That 35 - 40% of students are involved in extra-curricular activities and funding of this area is important. Mayor Jarstad stated that adjacent districts are expanding programs and buildings while Bremerton is not and that it has an effect on where p~ople locate. Motion by Mayor Jarstad to endorse up-coming levy. Motion died for lack of a second. Commissioner Swanson stated that he does not feel it is up to this Council to endorse or oppose school levys and Commissioner Stewart stated he would like to look more closely at the levy. Then Mayor stated that he endorses the levy and wished them success. PUBLIC RECOGNITION Harry Jens stated that businesses in the city have a continuing problem with nsf checks. He stated that they follow the proper procedures with these checks but that when they are turned over to the City Attorney nothing happens. Capt. Brown stated that there are 85-100 checks per month. Mr. McCluskey stated that they are not prosecuting because they do not have enough man power; that until recently this was handled by the prosecutors office and that they had budgeted and staffed to handle this job. He explained the difficulty in prosecuting these cases. locating people, bringing the bankers in to testify. He agreed that something must be done but that he would need two more attorneys to handle the work load. PRESENTATION STATE DEPARTSlENT OF TRANSPORTATION Roland Cook presented three plans for the Route 3 from 304 to Oyster Bay interchange. He stated that there are not currently funds in budget for construction but that they are developing the ~ogram plans. He distributed packets to the Commissioners explaining in detail the three plans and stated that he was requesting their imput as to ~ich plan they prefer or suggestions a~ to alternate plans; that they will come before Council again with the final plan. CITY COMMISSIONERS MEETING Page Four February 26, 1980 UPDATING BMC 10.08.0~0 City Clerk read memo from Capt. Brown, Traffic Division, Police Department requesting BMC 10.08.080 be updated to coincide with the federal government's national holidays. As the ordinance now stands, people are not required to place coins in parking meters on February 22 and ~y 30. These two holidays are the traditional holidays and no longer recognized by the federal government as national holidays. Motion by ~yor Jarstad and Commissioner Stewart to update BMC 10.08.~80 to coincide with the federal government, carried unanimously. REDUCTION OF SPEED LIMIT ON CEmeTERY HILL, KITSAP WAY City Clerk read memo from Capt. Brown, Traffic Division, Police Department requesting a 35 mph speed limit on Kitsap Way all the way to Kitsap Lake, which would reduce that portion of Kitsap Way known as Cemetery Hill from 50 mph. The memo stated business in that area has increased since the opening of the Holiday Inn, which as resulted in an increase in traffic and traffic accidents. Motion by Mayor Jarstad and Commissioner Stewart to reduce speed limit on Cemetery Hill portion of Kitsap Way to 35 mph, carried unanimously. EMPLOYEES RETIREmeNT FUND Motion by Mayor Jarstad and Commissioner Stewart to approve employeest retirement fund in the gross amount of $2,926.86, audited by John Ross, carried unanimously. PAYROLL VOUCHERS Motion by Commissioner Stewart and Mayor Jarstad to approve payroll vouchers: Salary Fund, Gross Payroll for payroll period 2-4-80 thru 2-17-80, $229,396.35; Claim Fund, FICA for the same period, $8,578.29, audited by John Ross, carried unanimously. WORKERS' COMPENSATION PROGRAM COST CO}~ARISON City Clerk presented Workers' Compensation Program Cost Comparison for a one year period, 10-1-78 thru 10-1-79 at a direct savings of $59,983. TAXICAB DRIVE~RS LICENSE APPLICATION Mark Raymond Bjorgaard, approved by Capt. Cundiff for the Chief of Police. Motion by Commissioner Stewart and ~yor Jarstad to approve taxicab drivers license application, carried unanimously. CLAIM FOR DAMAGES - Mrs. Arthur Knutsen City Clerk presented Claim for Damages from ~s. Arthur Knutsen in the amount of approximately $100 for clothes damaged by muddy water in her washer machine. Clerk stated that Mrs. Knutsen brought her dirty laundry in and gave it to Water Supt. Chuck Moore, who personally washed and returned the laundry to }~s. Knutsen. Clerk stated this claim should be denied. CLAIM FOR DA~t~GES - Alfred E. Armbruster City Clerk presented Claim for Damages from Alfred E. Armbruster in the amount of $91.68 for damage to his vehicle from hitting a hole in the street. This hole was caused by a private contractor working in the right of way, and will be sent to his insurance company. CALL FOR BIDS City Clerk presented memo from Water Supt. requesting authorizing to call for bids for McKenna Falls Traveling Screens. M~tio~ by Commissioners Swanson and Stewart to approve authoriziation to call for bids for McKenna Falls Traveling Screens, carried unanimously. SUBGRANT MODIFICATION City Clerk presented Subgrant Modification No. 02D-002, dated 10-9-79 increasing from $1,940 to a new total of $44,432.00 and No. 06-002, dated 10-9-79 increasing from $9,925 to a n~¢ level of $34,501.00. Motion by Mayor Jarstad and Commissioner Stewart to approve Subgrant Modifications Nos. 02D-002 and 06-002, carried unanimously. CITY COMMISSIONERS ~IETING Page Five February 26, 1980 LETTER FROM CAROLE J. SHREEVE City Clerk read letter from Carole J. Shreeve, President AFSCME, Local #2052, AFL-CIO informing the Council of the election results as follows: Carole J. Shreeve, President; Kenneth Thornton, Vice-President; Bill Humphries, Secretary; James Womack, Treasurer; John Bykonen, Sgt. at Arms; Stephen Crickson, Floyd Southerland and David Schurr, Trustees. ESTABLISHmeNT OF NEW ACCOUNTING FUNDS City Clerk read memo from City Treasurer informing the Council of the creation of the following funds: 650 Jensen Water Dist; 651 Port; 652 Sewer Dist I; 653 Tracyton Water Dist; 805 Water/Sewer Clearing. Mayor Jarstad stated a letter had been sent to all fire districts regarding the Fire Hydrant Charges, informing them that there will be no further charge when water rates go up, and we hope · to clear up past due charges. USE OF BARS NUMBERS City Clerk read memo concerning the continuing problems with BARS Numbers. She proposed a system whereby the City Auditor will review all requisitions. The Clerk requested the Auditor be authorizied to change BARS numbers and the Departments the opportunity to either accept or dispute the change. Motion by Mayor Jarstad and Cormnissioner Stewart to authorize the City Auditor to review requisitions and make corrections on the BARS Numbers, carried unanimously. BID AWARD - #2 Floor Slab Fire Station City Clerk read memo from City Engineer reconunendtng the contract for Fire Station 2nd Floor Slab be awarded to Concrete Contractors, Inc. as the low bidder. Concrete Contractors, Inc. has been highly recommended by the City of Auburn. Motion by ~.~yor Jarstad and Commissioner Stewart to award contract for Fire Station 2nd Floor Slab to the low bidder, Concrete Contractors, Inc., carried unanimously. BID ~ARD - Cab and Chassis City Clerk read memo from Len Clark, Wastewater Facilities recommending the contract for one 1980 Cab & Chassis be awarded to the low bidder, Haselwood Buick-Pontiac }btors. Motion by Mayor Jarstad and Commissioner Stewart to award bid for one 1980 Cab & Chassis to the low bidder, Haselwood Buick-Pontiac Motors, carried unanimously. CALL FOR BIDS - Three Dump Bodies City Clerk read memo from Equipment Rental Supervisor requesting authorization to call for bids for three dump bodies with hoists. Motion by Commissioners Swanson and Stewart to approve authorization to call for bids for three dump bodies with hoists, carried unanimously. BID AWARD - Forklift Truck City Clerk read memo from Water Supt. recommending the contract for a used forklift truck be awarded to the second lowest bidder, Hyster Co. The low, bid by Air-Mac does not meet specifications. The city can save over $1,700 by taking the options included in the bid by Hyster Co. Motion by Commissioner Stewart and Mayor Jarstad to approve contract award contigent upon the City Attorney's approval, carried unanimously. RIGHT-OF-WAY - Chester Avenue City Clerk read memo from City Engineering, with Warranty Deed attached, from Lloyd,White for acceptance and recording after approval by the City Attorney. Deed is for R/W on Chester north of llth which has never been deeded to the City. Motion by Mayor Jarstad and Commissioner Stewart to accept Warranty Deed from Lloyd White for right-of-way on Chester north of llth, carried unanimously. AMENDMENT 3, CH2M-HILL AGREEMENT City Clerk read memo from City Engineer with copy attached of Amendment Number 3, to the CH2M-Hill Agreement to furnish Engineering Services for Wastewater Trans- mission and Treatment Facilities. The amendment will provide for a study to establish interim sewer rates, to determine revenue requirements for optional methods of funding the proposed sewerage improvements, and to assist in negotiating equiptable water and sewer rates with the U. S. Navy. Recommend the Mayor be authorized to sign this amendment upon approval as to form by the City Attorney. CITY COMMISSIONERS MEETING Page Six February 26, 1980 Motio~ by Commissioners Swanson and Stewart to authorize the Mayor to sign upon approval as to form by the City Attorney, carried unanimously. REZONING REQUEST - Halverson & Olvmpus area City Clerk presented Rezoning Request in the area of Halverson & Olvmpus from the City Planning Director. The zoning ordinance provides rezone hearings may be initiated by private owners of property, the Planning Commission and the City Council. The Planning Commissioner elected to exercise their authority and initiate the fezone hearings. The Planning Commission hearing is scheduled for March 18, 1980. CLAI~I FOR DAMAGES City Clerk read memo from the Water Distribution Dept., to which was attached a 'Claim for Damages initiated by P~cific Northwest Bell in regard to a buried cable which was severed by a backhoe on November 30, 1979. Clerk stated a copy wili be sent to the insurance company. Amount of damages is $73.18. REQUEST FOR CROSSWALK City Clerk read a letter from the Eastwynd Residents' Council requesting a crosswalk be established on Wheaton Way adjacent to the Eastwynd Apts. Commissioner Swanson stated this is a bad area and it is appropriate to direct the Police and Engineering Departments to review this request. STUDY OF RELOCATION OF THE USS MISSOURI City Clerk read letter from Naval Ships Historical Museum advising that at the regular board meeting, a motion was unanimously passed to support the efforts of the county-city-port plan to.embark upon a feasibility study for the relocation of the USS Missouri. The letter also encouraged the future investigation into the possible use of the hotel/motel tax. The board agreed that anything they can do to be of assistance will be done. ORDINANCE NO. 3575 - Second Reading, Sewer and Water Service Charges City Clerk read, "~N ORDINANCE amending certain sections of Ordinance No. 3147 as amended by Ordinance No. 3307 and Ordinance No. 3446 relating to City of Bremerton sewer service charges and water service charges" Discussion followed and Commissioner Stewart stated that this ordinance will probably have to be revised at a later date. He also questioned when would be the effective date of the ordinance~ Discussion followed regarding the first billing at the new rates. Commissioner Stewart stated we will increase the charges on the second billing after the effective date of the ordinance. Motio~ by Mayor Jarstad and Cormnissioner Stewart to pass Ordinance No. 3575 by title only, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE - First Reading, Hydrant ~intenance & Installation City Clerk readn, "AN ORDINiNCE repealing M 3(K) of Ordinance No.'3147 regarding hydrant maintenance and installation". Motion by ~yor Jarstad and Commissioner Swanson to approve Ordinance on the fi:st reading by title only, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson. RESOLUTION NO. 1845 - Relating to Collection of Refuse, Clarifying Charges City Clerk read, "A Resolution relating to the collection of refuse in the City of Brementon; clarifying charges therefore in certain instances". Motion by Mayor Jarstad and Commissioner Stewart to pass Resolution by title only as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. RESOLUTION NO. 1846 - Designating Parking Permit area (Zone 21) City Clerk read, "A RESOLUTION designating a residential parking permit area (Zone 21)". Motion by Commissioner Stewart and Mayor Jarstad to pass Resolution No. 1846 by title only, carried as follows: ~ayor Jarstad, yes;Commissioner Stewart, yes; Commissioner Swanson, yes. CITY CO~4ISSIOMERS MEETING Page Seven February 26, 1980 ORDINANCE - First Reading, Taxation of Electrical Utilities City Clerk read, ~I~N ORDINANCE amending Section 7 of Ordinance 1524 as amended bv Ordinance 2240, Section 2 and Ordinance 3172, Section 1, codified as BMC 5.62.060 relating to the taxation of electrical utilities". Con~nissioner Stewart stated he wants to hold this until the City Treasurer has an apportunitv to discuss this with the City Attorney. Asst. City Attorney McCluskey stated the Attorney's office has already discussed this with the City Treasurer. Motion by Commissioner Stewart and Mayor 3arstad to approve the ordinance on the ir~st reading, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to vouchers 14966 thru 14971 inclusive in the amount of $32,103.22, and vouchers 14976 thru 15148 inclusive in the amount of $156,243.95 inclusive, audited by John ~ss, carried unanimously. PRESENTATION ON TI~ER SALES Commissioner Swanson asked Bill Duffy, Supervisor in Water Distribution to make a presentation to the Council on Timber Sales. Mr. Duffy showed on a map what areas had been logged, what areas are restoration and what the future plans are. He stated that they are trying to go on a timber management and sales cycle. We are trying to clean up the area and comply with the Forest Practice Act. He requested Council's approval for the Railroad Spur Timber Sale. Motion by Commissioner Swanson and Mayor Jarstad to approve bid call for the Railroad Spur Timber Sale, carried unanimously. Adjourned at 1:15 P.M. , City Clerk APPROVED ~ARST~, ~