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Home My WebLink About09/25/79 UNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES September 25, 19~ '-,j \PE #167 Regular meeting of the City Commissioners of the City of Bremerton, Washington, [B) 1762 was held in the City Council Chambers at City Hall, 239 Fourth Street, Tuesday, September 25, 1979 at 9:00 AJ.~., with Mayor Jarstad presiding. Also present were Commissioner Stewart, City Clerk Mandio, Asst. City Attorney McCluskey ahd representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Mayor Jarstad.' MINUTES OF SEPTEMBER 18, 1979 Clerk requested that the minutes be amended as follows: Page 4, "Motion by Commissioners Stewart and Swanson to approve Soft Ware and CRT contract, carried unanimously." be changed to read, "Motion by Commissioners Stewart and Swanson to approve payment of $600.00 per month for the program, carried unanimously." 'M6tion by Mayor Jarstad and Commissioner Stewart to approve minutes as amended, carried unanimously. SEPARATIONS Robert Duffy, Planning, Planning Assistant, 9/30/79. Donald Roy Etten, Parks & Recreation, Serviceman II CETA #4552, 9/30/79. Joseph Hoopili, Parks & Recreation, Serviceman I CETA #4553, 9/30/79. Randy G. Gingrey, Wastewater, Serviceman II, 9/21/79. jack Hirsch, Wastewater, Operator II, 9/21/79. Shane K. Heath, Wastewater, Maintenance Worker Trainee, CETA #4112, 9/19/79. Motion by Mayor jarstad and Commissioner Stewart to approve separations, carried unanimously. NOTICES OF EMPLOYMENT Robert Duffy, Planning, Planning Assistant, 12A, $7.66 per hr., 10/1/79, CETA to CSE. Luis David Olan, Police, Warrant Server, $5.08 per hr., 9/24/79. Donald ~!oy F~ten~ Parks & Recreation, Serviceman II, transfer from CETA to CSE, $6.23 per h'r., !.e/1/79. Motion by Mayor Jarstad and Commissioner Stewart to approve notices of employment, carried uDanimously. CHANGES OF PAY STATUS Dallas N. Erickson, Fire Dept., Asst. Fire Chief, $11.66 to $12.03 per hr., ~ longevity, 9/17/79. C.V. "Bill" Meigs, Fire Dept., Fire Chief, $12.88 to $13.28 per hr.,: longcvity, 9/17/79. Steven C. Devery, Police Dept., Police Chief, $12.95 to $13.37 per hr., + lu,,~e~ity, 9/17/79. Donald Roy Etten, Parks & Recreation, Serviceman II CETA #4552, $6.23 per hr., retroactive 8/7/79. Laura E. King, Police Dept., 1st yr. to 2nd yr. Patrolman, $7.50 to $7.82 per hr., 9/25/79. Robert Bruce Elsen, Water Office (outside), Engineer Aid I 6A to 8A, $5.39 to $6.06 per hr., 10/1/79. Ron Peterson, Water Distribution, Extra Help, $3.25 to $3.75 per hr., 10/1/79. Motion by Mayor Jarstad and Commissioner Stewart to approve notices of pay changes, carried unanimously. SUMMONS & COMPLAINT - Hathaway Clerk presented Summons & Complaint regarding Randolph E. Hathaway vs. the City, et al. She stated it had been referred to 'the City's insurance company and City Attorney. CLAIMS FOR DAMAGES ~gilio A. Ibarra, $214.04 for damage to the windshield of his car when a rock was thrown by a riding lawnmower. CITY COMMISSIONERS' MINb,£S September 25, 1979 Page two Harry J. Combs, unknown amount. The claim stated he was falsely arrested and falsely detained and he suffered mental and emotional distress, humiliation, embarassment and loss of reputation. Glennisa P. Sammons, $959.00. The claim stated a police car in pursuit of another vehicle blew a tire and ran into her parked car. Clerk stated copies would be referred to the proper departments for report and to the insurance company. BICYCLE FACILITIES Clerk read memo from Bob Duffy, dated Sept. 24, 1979, which stated that the Planning Dept. will be assisting in the formation of a City/County citizen's bicycle advisory committee; that a steering conTnittee will meet during the week of Sept. 23, 1979 to develop a recommended committee membership and scope of activity. She then read .letter from Paddy O'Brien, dated Sept. 21, 1979, which expressed concern over the decision of the City Council and the County Commissioners to delay action on the issue of bicycle facilities in the City and County. These letters are on file in the City Clerk's office. Mayor Jarstad stated that a motion was made at the bicycle meeting to consider the bicycle path money in the 1980 budget. SERVICE CONNECTIONS - Work Force Accounts Clerk read memo from Water Superintendent, dated Sept. 24, 1979, which stated that the connection to the Eaglewood Condominiums on National Ave. is estimated to cost $5,238.40 and the connection for the Olympic Peninsula Enterprises Building located at the airport industrial park is estimated to cost $5,190.17. Motion by Commissioner Stewart and Mayor jarstad to approve work force accounts as stated above, carried unanimously. TIME EXTENSION - 5th & Warren; Burwell & Callow Clerk read memo from City Engineer, dated Sept. 24, 1979, which recommended that a 30-day time extension be granted to Signal Electric for the 5th & Warren and Burwell & Callow project. Motion by Mayor Jarstad and Commissioner Stewart to approve time extension as stated above, carried unanimously. R/W WHEATON WAY FROM SYLVAN TO BROAD Clerk read memo from Asst. City Engineer, dated Sept. 24, 1979, attached to which were two R/W deeds from Gene Burkhart and PSM Financial Management for right-of-way on Wheaton Way, Sylvan to Broad. Motion by Commissioner Stewart and Mayor jarstad to accept R/W deeds, refer to City Attorney for approval as to form and City Clerk for recording, carried unanimously. REQUEST FOR LOADING ZONE - Memorial Lutheran Church Clerk read letter from Memorial Lutheran Church, dated Sept. 18, 1979, requesting that a 40-ft. space on the Veneta Street side of Memorial Lutheran Church property be posted as a Loading Zone (Monday thru Friday). Discussion was held and Mayor Jarstad requested that the letter be directed to Police and Street Departments for their comments. PETITION OBJECTING TO CALLOW CORNERS TAVERN Clerk presented petition signed by Anne M. Johnson and 74 other residents living in the neighborhood of Callow Corners objecting to. the.proposed tavern at that location. She then read letter from Martha A. Thatcher, dated Sept. 21, 1979, which stated she was completely opposed to a tavern going in at 15th & Wycoff. Discussion followed and Mayor Jarstad requested that the petition and letter be referred to the Liquor Control Board and the petitioner be informed of the steps being taken. ILLAHEE SCHOOL TRUST LAND Clerk read letter from Dept. of Natural Resources, dated Sept. 18, 1979, informing the City of a meeting on developmen~ of the Illahee School Trust Land. The meeting · .will.be.hel.~Oct. 3, 197g at 7:30 P.M., at Esquire Hills Elementary School. -2- CITY. COMMISSIONERS' MINUTES September 25, 1979 Page three SERVICE OF SUBPOENAS AND VENIRES Clerk read memo from Chief of Police, dated Sept. 24, 1979, which stated the Police Cadets have been serving subpoenas for the past three weeks and the results have been positive. The memo recon~ended that the City not enter into a contract with private industry to serve subpoenas and venires. Discussion followed and Con~nissioner Stewart stated that Palmer Process Service is experienced and he would like an audit of the City's service of warrants, subpoenas and venires. Mr. McCluskey stated that if this service is contracted, the City may have to go out for bids. ORDINANCE NO. 3~51 - Appropriating Additional Funds for 1979 Clerk read, second reading, "AN ORDINANCE of the City of Bremerton amending Ordinance No. 3581 as amended by Ordinances 3527, 3528 and 3533 and appropriating additional funds for the year 1979". Motion by Mayor Jarstad and Con~issioner Stewart to pass Ordinance No. 3551 on s~cond reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner ~Stewart, Yes; Commissioner Swanson, Absent. ORDINANCE NO. 3552 - Sound Dive Center Change in LUR Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 3036 and Ordinance No. 3195 by changing the land use restrictions imposed on certain property therein described". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3552 on second reading, by title only, carried as follows: Mayor Jarstad, Yes~ Commissioner Stewart, Yes~ Commissioner Swanson, Absent. ORDINANCE NO. 3553 - Water Service Accounts Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 3147 relating to applicants eligible for Water Service and requiring Water Service accounts to be in the name of the owner of the premises served". Motion by Commissioner Stewart and Mayor jarstad to pass Ordinance No. 3553 on second reading, by title-only, carried as follows: Mayor Jarstad, Yes; Con~issioner Stewart, Yes~ Commissioner Swanson, Absent. ORDINANCE NO. 3554 - Driving a Motor Vehicle While Under the Influence of Intoxicants Clerk read, secon~ reading, "AN ORDINANCE repealing Ordinance No. 3280, which is codified as BMC 10.04.033, and adopting certain State Statutes by reference relating to Driving a Motor Vehicle While Under the Influence of Intoxicating Liquor and/or Drugs and the penalty provisions thereof". Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3554 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Absent. BILLS Motion by Con~issioner Stewart and Mayor Jarstad to give blanket approval to vouchers 12347 thru 12349 inclusive in the amount of $10,135.63 and vouchers 12448 thru 12537 inclusive in the amount of $53,507.53, audited by John Ross, carried unanimously. PUBLIC RECOGNITION Frank Whitehead, 2510 Stephensen, stated that something has to be done about the sewer in East Bremerton; that the stench in their neighborhood is bad and he feels it is due to inefficiency. He stated it has been handled incorrectly and he has contacted Col~issioner Swanson and Don Proctor many times in the past. He stated that no more homes should be built in that area until it is fixed. Commissioner Stewart stated that the City needs to bring someone in to take a look at the situation; that he would like to have A1 Herrmann check it out as he was responsible for that for many years. Mayor Jarstad suggested having Mr. Proctor attend next week's meeting; that Commissioner Swanson will also be in attendance to discuss this further. Ed Machinski, 3218 Lebo, stated that Commissioner Swanson and Don Proctor have indicated it is a hopeless situation. He asked the Council to correct it. He read a letter from the Dept. of Ecology regarding the proposed treatment plant. -3- CITY COmmISSIONERS' MINUTES September 25, 1979 Page four Mayor Jarstad discussed the proposed treatment plant and all the problems that have been encountered. He stated that Bremerton has been moved to the 1984 schedule. Commissioner Stewart discussed the costs of the delay. Discussion followed regarding the hiring of Mr. Bell for the downtQwn redevelopment. Mayor Jarstad stressed that the City must do everything possible to get the money available through the Federal Government for the treatment plant. Waltrine Taylor, 2708 Callahan, complained about her excessive water bill. She stated that Commissioner Swanson had waived one-hal f of the bill, but she did not think that was enough; that it should be adjusted to her average water consumption. Commissioner Stewart suggested that she meet with Commissioner Swanson or Bob Frisbie, the Asst. City Engineer. Meeting recessed from 10:30 A.M. until 10:40 A.M. Mr. McCluskey left and Ms. Haberly .entered the meeting at this time. HEARINGS - Dubos Water Easement Vacation & Sauna License Revocation Appeal Motion by Mayor Jarstad and Commissioner Stewart to hold hearings in order listed above, carried unanimously. TAPE #168 DUBOS WATER EASEMENT VACATION (A) 1006 Clerk stated the hearing had been posted, advertised and the petitioner notified as required by law. She read memo from City Engineer, dated Aug. 22, 1979, which stated that the Water Dept. can forsee no use for an 18-ft. water easement which bisects the lot between Naval Ave. and Anderson St. The memo recommended that this water easement be vacated as requested. No one was present to speak for or against the vacation. Motion by Commissioner Stewart and Mayor Jarstad to approve water easement vacation, carried unanimously. TAPE #168 SAUNA LICENSE REVOCATION APPEAL (A) 1070 Clerk explained that Sun Hi Anderson was convicted in Municipal Court and her sauna license was revoked on the basis of that conviction. She stated that on the advice of the City Attorney, her license was allowed to run until it expired. Geoffrey Cross, attorney for Mrs. Anderson, stated the conviction in Municipal Court is being appealed in Superior Court. He asked that her license be issued until a decision is reached in Superior Court; that he feels she is entitled to a jury trial. He stated there is a question whether the City's ordinance is constitutional. Mayor Jarstad stated the City does not have an ordinance which requires everyone who frequents a massage parlor to register. He stated the County has such an ordinance and he would like to have a record of all the people who go into a sauna parlor for a.massage. Mr. Cross stated t}~at Cities and Counties should use the same ordinances the State uses and Mayor Jarstad replied that the State does not monitor what happens in sauna parlors; the Cities and Counties have to do that. Ms. Haberly stated that BMC 5.92.020 states that no person, firm, or corporation who does not meet the following requirements shall be granted a license:"(a) That the officers of a corporation, members of a firm or individual persons shall have never been convicted of a felony or misdemeanor involving moral turpitude; . . .". She stated the issue before the Council is whether this conviction involves moral turpitude; the constitutional issues are not before the Council. She stated Mrs. Anderson was convicted of promoting prostitution. Mr. Jandzinski, Municipal Court, stated Mrs. Anderson was arrested and tried in Municipal Court on Aug. 9, 1979. He stated she was convicted and it has been appealed; that she was sentenced to $310..00 fine, 30 days in jail which was suspended for one year. He stated an appeal has been filed in Superior Court. Commissioner Stewart stated the City should talk to the State and see if they are going to issue a license~ tha.t he does not want to get in a liability case. Ms. Haberly stated the Council can refuse to issue the license; that there is a conviction -4- CITY COMMISSIONERS' MINUiES September 25, 1979 Page five on record at this point in time. She stated no trial date has been set in Superior Court. Mr. Cross stated that some consideration should be given to Mrs. Anderson; that she is a citizen of Bremerton and a taxpayer. He stated that putting someone out of business is very serious. Commissioner Stewart stated that the City's ordinance is very clear in this case; that if a license is issued to Mrs. Anderson, the Council would be in violation of its own ordinance. Motion by Mayor Jarstad and Commissioner Stewart to deny Mrs. Anderson's sauna license because of the conviction in Municipal Court, carried unanimously. COMMISSIONERS' REPORTS Commissioner Stewart: -1. Discussed the transit system and stated the fare box revenue is up 14.4% and expenses are up 18.2%. He stated he is very concerned about this and the Council will have to do a budget adjustment. Mayor Jarstad: Stated he would like to have theCity Attorney evaluate the County's sauna ordinance and possibly adopt some of the restrictions. Meeting adjourned at 11:15 A.M. Ka~t~en L. Mandi~~, ~ity ~le~rk Approved: -5-