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~, ~