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HomeMy WebLinkAbout01/24/73 COUNCIL M~L'I'ING MI~RrfES JANUARY 2~, 1973 The regular meeting of the City Council of the City of Br~merton, Washington, was held in the Coun- cil Chanfl~ers of City Hall at 9:00 A. M., PST, Wednesday, Januaz7 2~, 1973. Attending were: Mayor Jarstad, presiding; Commissione~ Cla~k, Cu~u,,{ssioner Schoneman, City Clerk Yeadon, Asst. City Attor- ney Sexton, and representatives of the press and radio. Meeting opened with the Pledge of Allegiance and Invocation by Brig. Carl And~easen of the Salvation Army. MINUTES OF JANUARY 17, 1973 The minutes of January 17, 1973, were read ~y the City Clerk and stood approved as read. C}{ANGES IN PAY STATUS Thomas J. ],iston, Jr., Extra Labor, Wastewater Trea~nent Dept. $3.00 to $3.17 hr. Charles E. Stow, Extra Labor, Wastewater T~eatment Dept. $3.00 to $3.17 per hr. Helen Tracy, Extra Help, Planning, $3.00 to $3.50 per hr. Motion by Co~nissioner Sehoneman and Co~nissioner Clark to approve the changes in pay status, car~ie~ unanimously. PAYROLL VOUCT~2R Clerk presented pasa~oll voucher for period Jan. 1 through Jan. 13, 197~, $116~60~.98, audited by Harold Fitzwater and approved by Conm~issioner Clark. Motion by Co~T~issioner Cla~k and Con~Lissioner Schoneman to approve the payroll voucher, carried unanimously. RETIRemENT LIST F~R JANUARY~ 1973 Clerk presented retirement list for Januar7~, 1973, in the gross amount of $2,~52.87. Commissioner Clark pepo~ted that as a result of a study made by direction of the City Council as to whether or not the fund could allow an increase in pensions, it has been deter~tin~d that an 10% Paise would be wJ thin the abilitv of the fund to handle and recommended passing an o~dinance to allow the increase. ORDINANCE NO. 3056 : £]lerk read "An Ordinance amending Ordinance No. 1572 to provide for an increase in pension allowances and declaring an emergency. Motion by Co~missioner Clark and Commissioner Schoneman to pass Omdin- ance No. 3056, on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Clark, Yes; Commissioner Schoneman, Yes. Commissioner Schoneman co~ented on the need for this increase and cited some figures. Motion by Commissioner Clark and Cc~ssioner Schoneman that the pensions for the month of January ~ approved in the amount of $2,452.87 plus the 10% provided in the amendment just passed, carried unanimously. CLAIM FOR DAMAGES Clerk read claim from Danielle Schultz, 1203 Pointdexter, BremePton, for $191.05 and stated he has notified the insurance cartier. PURC]{ASE UNDER STATE CO~fRACT Clerk presented one requisition for radios: Three fo~ Police Dept., plus additional equipment for purchase request. Curr~nt state of Washington Contract No. 186-72 would apply. Motion by Cc~nissioner Clark and Commissioner Schoneman to approve purchase under the state contract, carried unanimously. STORM SEWE~ MATERIAL - CALL FOR BIDS Clerk read memo dated Jan. 23, 1973, to the City Council from the City Engineer, requesting author- ization to have bids called, after preparation of specifications, for the material for the constq2uct- ion of stor~ sewers on Hollis Street (Maple to Clar~'s Marsh Storm Trunk), Ivy Road (Maple Street to Clare's Marsh Storm Trunk)~ and extension of East Pine Drive storm sewer to the Gillette storm svst~n. Motion by Co~missioner Schoneman and Mayor Jarstad to approve drawing up the specifications and call }'6-~ds, carried unanimously. Commissioner Schoneman enlarged on the information relating to the areas and svstems where the storm sewer connections would be serving. Further funds would be needed next year to continue stor~n sewering in the area. PROCLAMATION - FOE MONTH Clepk read Mayor's Proclamation dated Jan. 23, 1973, in honor Fraternal Order of Eagles 75th Arnnivep- sa~; that the month of February will be Br~mer~on Aerie No. 192 F~ater~al Order of Eagles Month. HEATING SPACE IN WATER UTILITY Bi~q. Clerk read memo. dated Jan. 8, 1973, from Dave Patroon, Co=~i. Supv~. asking for authorization to call for bids for heating a work space in the Water Shop and providing an access door; also, noted that Ed. Weller is interested in establishing a Pent arrangement for the space occupied by the C~x~nunic- ations Dept. Estimated cost $3,000 to $~,000.00. Mayor Ja~stad stated would be good idea for the Water Dept. to provide the improvements and the City Council work out a fair rental to which Commis- sioner Clark agreed would be the better way for approaching the problem. Con~nissioner Schoneman st~ested to set aside for consideration as he hadn't had an oppor~unity to discuss this. Mayor o~dered ~tter set aside. COUNCIL MEL*i'ING MINUTES - JANUARY 24, 1973~ continued ARCTIC CIRCLE Clerk read memo. from City Engineer to City Council dated Jan. 22., 1973, in defense of the traffic divider on Sixth Street and stating the city has the right to install such a device and is not takin~ a right of access which is compensable. PORT ORCHARD WATER Clerk read letter dated Jan. 19, 1973, from State Dept. of Social and Health Services, Health Ser- vices Div., which stated the City of Port Orchard Ccmprehensive Water System Improven~nt Plan 1971- 90 has been reviewed and approved. REIMBIIRSEMENT UNDER FEDERAL WATER POLLUTION CONTROL ACT Clerk read letter to Mayor Jarstad from State Dept. of Ecology dated Jan. 15, 1973, which stated that an indefinite period of time may lapse prior to previously funded projects receiving an increase from 30-33% to 50-55% level and the City's request for grant increase will be retained until such ftuqds are made available to the State. T.O.P.I.C.S. Clerk read letter to the Mayor dated Jan. 15, 1973, from Highway Dept. giving the status of the TOPICS Program. BREMERTON JAYCEES Clerk read invitation to attend the C~nunity Awards Banquet Jan. 26, 1973. T.O.P.I.C.S. - 6TH 8 WARREN Clerk read mem. from Asst. City Engineer Root which stated that attached was original and three copies of the Agreement for Preliminary Engineering to include the expenses of advertising and Award: of Contl~act which require City Council action; that the Agreement has been reviewed and approved as to form bV the City Attorney; that the Engineer will forwamd these to Olympia for appropriate action by the State. Motion bV Commissioner Schoneman and Con~ssioner Clark that the Mayor be authorized to sign the 7~'-greement and it be forwarded to Olympia, camried unanimously. Cormlissioner Schoneman discussed background for this agreement which will lead shortly to turn-lanes and will be another step in receiving special money for financing the project. UAB PROJECT - 15/]{ ST. (NAVAL TO LAFAYL'ri'~) Clerk read memo. from City Engineer to City Council dated Jan. 23, 1973, which stated that as a result of a meeting with UAB it is known that hinds will be available for Schedules I and III only (Sched. III is for traffic signal at 15th g Naval) and the total of UAB Funds and City Matching Funds would be $1,945 short. Rece~mended that Schedules I g III be constructed which include the over-run of $1,945.00. Attached was letter to UAB for Mayor's signature and an update cost estimate also for the Mayor's signature. Motion by Co~missioner Schone~n and Commissioner Clark to accept the rec~,u~-,endation of the City mg~er; under discussion Co,~missioner Schoneman discussed the back~und of the bids and details of the schedules to be accomplished and details of the schedules (trees and overlay) to be elimin- ated. Motion carried unanimously. PROPOSED LID - LOWER MARINE DRIVE g OYSTER BAY AREA - RES. #1550 Clerk read Res. No. 1550 ~ich stated it is the intention of the City Council to order the improve- ment of the lower Marine Drive and Oyster Bay area by construction of sanitary sewers and necessary appurtenances; setting the date for hearing, Wednesday, Feb. 28, 1973, at 10:00 A. M., ordering City Clerk to gSve proper notice; and ordering the City Engineer to prep~e estimated cost and showi~ how these will be apportioned to various properties; and that assessments shall be based on the spec iai benefits to be derived without regard to the zone and termini method. Motion by Commissioner $choneman and Commissioner Clark to pass Res. #1550, carried as follows: av~Jarstad, Yes; Ccmmissioner Schoneman, Yes; Cu~,,~issioner Clark, Yes. Co~missioner Schoneman explained the route the new sewer improvement would ta~. 10:00 A. M. Recognition time for matter not on Agenda. Mayor Jarstad spoke briefly on the matter of peace in the Vietnam conflict. Eddie Adams spoke of receiving letter from Mrs. Ernie Yett, wife of former Fire Chief, telling of his present health and that they are living just south of Bend, Oregon. Mrs. Sisk spoke of freedom of speech and thanked the City Council for freedom she has enjoyed at the Council meetings. }~J%RINGS: ~yor stated the following were to be heard today: Costello Rezone, Buskirk Rezone, iassila/Young Permit, Chico Towing. Motion bv Mayor Jarstad and Cc~missioner Schoneman to hold the hearings in the order listed, carried unanimously. COSTELLO REZONE - 1115 North Wycoff Clerk stated he ~had notified residents, posted notices and published notice in the newspaper as required by law; that no written cc~nunications had been received; that the Planning Commission by their Resolution No. 232 reco~nended the City Council amend the zone from R-1 to B-3; then Clemk read Planning Commission Minutes of Dec. 20, 1972, and undated Staff Review. Clerk stated Capt. Lively and Fire Lieut. Inspector Crawford had no objections. Planner George Plescher then discus- sed the rezone area, using two maps; stated no site plan presented and the building being used is a residence for an electrical shop. Cc~Lissioner Schoneman c~,,ented that the comprehensive plan shows the area as c~,'~mroial eventually and he didn't think in this case it would be called "spot COUNCIL MELTING MINUTES - JANUARY 24, 1973 - continued zoning"; the plan will include all of Wycoff in that area. No one was present to speak for or a~ainst the proposed ~ezone. Motion by CumJssioner Schoneman and Commissioner Clark that this area be rezoned as recommended by the ~-~ty Planning C~,~.{ssion, carried unanimously. BURL ~ GLADYS BUSKIRK - REZONE - 525 Lebo Blvd. Clerk stated he had posted notices, mailed letters to residents and published notice in the news- paper all as required by law; that no letters had been received; that the Planning C~,,~ission by their Resolution No. 233 recon~nded that the City Council approve the rezone from R-1 to R-2 and to be developed in general a~meement with the site plan as submitted with the application. Clerk read Planning Conmissioner minutes of December 20, 1972, and Staff Review of December 20, 1972; also, memo. dated Dee. 18, 1972, signed by Floyd E. Gingmey, Police Traffic Division, which stated his division could see no drastic changes in the traffic pattern; and memo. from City Engineer with no objections; and a note fr~m adjoining property owners ~obert N. Block and Nellie E. I. Block stating they favor the rezone. Planner George Plescher outlined the area showing two maps and displayed the proposed drawing for the site plan. This plan showed the drive-ways, the placement of the units and the park- ~ spaces, including covered parking, which meets the requirements of the ordinance. No one was present to speak for or against the proposed rezone. Motion by Co,,,~ssioner Clark and Conm~ssioner Schoneman to approve the rezone as recommended by the P~g Commission, ca, Tied unanimously. Mayor recessed the meeting for four minutes. LASSILA/YOUNG SPECIAL USE PERMIT FOR MORTUARY - 6th $ Veneta (Tape #676) (It' is noted that this hearing was taken verbatim by court reporter Rosemary Coons and the entire script will be available upon order. ) Frank Shiers, Attorney for applicants, gave a list of items which he said should be available in the file of the City in this matter. He offered a copy of an editorial from the Bremerton SUN printed January 17, 1973, for the file; spoke of need for keeping businesses downtown; told of traffic relief on Sixth Street because of new and improved streets; stated there was now a letter from Archbishop of Catholic Church to allow parking for the mortuary on their property. Mr. Shiers discussed and filed with the City Clerk six colored pictures of the area; then discussed the Rupeik Report. Ron Van Hollenbeck, 3226 Rocky Point Drive, who stated he has a business on Callow Avenue, in favor of the mortuary, in favor of the design and didn't believe would be a blight on the neiEhborhood. Rev. Lewis Schultz, Charleston Baptist Churoh, stated he would be opposed to any unfair practice of not allowing a new bu§iness to ccme in; that he was not speaking in favor of any particular funeral home. Mrs. Mildred Farmer, 361~ Harvel Drive, stated she did not sign the petition but would do so if avail- able. Lee Allison, 1247 Sixth, stated he lives acmoss fr~m proposed improvement, was in favor, that the buildings are at least fifty years old and some residences 75 to 80 years old; did not believe would damage the area and the buildin~s would be neat and his view would be improved. Rev. Ernest Evers, Alliance Church, four blocks from proposed site; stated he was not speaking in favor of any particular funeral home but believed there was a need for a downtown funeral home on occasions and spoke in favor. Charles Young, stated the three businesses located there have signed in favor; that he went around the neighborhood last week and 37 persons who signed previously in opposition on a petition have now signed in favor; that 3~ within 250' have signed. David Lassila, enlarged on the statements made by Mr. Young, and answered Mr. Clark's questions that there are 61 businesses or homes with 250'; that the business signers do not own the prope~ but ~ renting and would have to seek other places or go out of business but they signed in favor; that some would have signed but were influenced by adamant neighbors. F. M. Ad,ns- 1243 Seventh St., stated his property abuts the proposed site, lived there 40 s~ne years, 100% in favor, see no detriment; and would much rather have funeral home in his neighborhood than a half-way house. OPPONENTS: ~ ~mld~in stated he had talked to Mr. Curmis, real estate men, who told him he wasn't in favor but had signed because the applicants were his friends a~d the tenant was in favor; that the barber didn't want to si~n but would do so if they wanted a new business in there. The barber then spoke up and said he didn't want to sign; however, for a new business he did sign. Mr. Baldwin did not agree with the statistics in favor as given by Mr. Young. He gave a list of people who had spoken for the new use. He stated that traffic conditions there were very bad and for this reason alone he would be against the proposal. Joe McDonald asked if the hearing was closed last meeting to further testimony. Mayor Jarstad and Mr. Sexton explained the City Council's position and that roc~ was made for further discussion and input, prior to decision. Ms. Loy Vogtlin, 1503 8th, objected to the newspaper tr~in~ the ease rather than the court doing so; objected to people signing petition in favor who lived at long distances from the neighborhood; spoke of the hazard to children and to the ~mpossibility of seeing what is cc~m~ng up the hill from the other side of 6th 8 Veneta. COUNCIL MEETING MINU'I'ES - JANUARY 2~ 1973 - continued ' W. Beckett, objected to the petitions in favor; that he owns a house at 7th ~ Veneta and lives at 5th ~ Veneta and a~e vitally interested in their area~ signatu~e~ were fr-~m out of the a~ea in many instances. He stated he heard the city planner on the ~adio being interviewed and in connection with this use he said the planner stated un~er the p~oposed zoning ordinance all parking would have to be within the site and if pa~ked outside the cars would be towed away. Mr. Beckett stated that Seventh Street is na~.~w and parking on both sides would make it impossible fo~ emergency vehicles to get through~ and there was no pa~king available after 7:30 A. M. Also~ mentioned the problem the A~tic Circle is having with the traffic dividers, and spoke of the traffic hazards on 6th~ and the accidents which occur. Mentioned other locations downtown where funeral home could be built. Also, the parking problems at the school and that the ohui~ch lot is often filled during special religious days such as Lenten season. Stated his family would not want to live next to a funeral home. Ms. boy Vogtlin stated Mr. Lewis would not cha~ge unfair prices; she understood the proposed home would be offering cheape~ funeDals. Mrs. Sisk did not agree and stated she went to Seattle for service. Mr. Beck, opposed to funeral home on top of tha hill, and opposed to people outside the area signing ~ for the penmit; 8' spaces too small. Cc~,,~ssioner Clark stated there were about 575 - 580 names on the petition in favor. City Clerk stated the new petition was in the file; also, a Memo~andt~n of Applicants' Attorney had been filed as well as a photostatic copy of lettar g~anting license to park adjacent to Our Lady Star of the Sea Church signed by Most Rev. Thomas A. Connolly~ A~chbishop of Seattle. Co~ssioner Clark - In sunmation, M~. Clark stated he is concerned with the concerns of those who oppose the special use permit but that there appears to be a need for a downtown funeral home; that the arguments appear to be slightly in favor of the p~oponents if the signatures are counted. There appears to be a lerge nun~ber in the area and ar~tnd the city in favor and it has been recommended by the Planner; that it has been agreed by the applicants to adjust thei~ ingress and egress to the satisfaction of the Police (Traffic) Dept. to eliminate the hazards of traffic especially as to funez traffic frc~ the this type of use called to attention that the prope~'.ty is ~lready zoned cu,,,,ereial; also, it has made and exceeds the parking l~uil~ement if take into consideration the Catholic Church pa~king; also, the property is in the neighborhood where there a~e churches where there have been funerals reasonably regularly so the interjection of funarals is not a brand new thing. Mm. Clark read from the ordinance, "Funeral hc~es may be allowed" and reminded that in the present zoning laws 8-2 or 8-3 may have a funeilal home without a special use permit but due to wording in the old zoning which exists on this property, "commercial", it does read "may be allowed by special permit of the cc~ssion after public hearing and examination of location upon due proof to the satis- faction of the co~ssion that it will not be unduly detrimental to the adjacent and surrounding property." Mr. Clark sun, ned up saying it was difficult for him to see how this would be unduly detrimental to adjacent and surTounding propelWcy. Co~missioner Schon~m~nn stated he had attended a meeting this morning at the Olympic Grill with businessmen around the city and Mr. Val Rupeik, who master~nlnded the original compmehensive plan, spoke to the g~mup on the deterioration of the central business district and the problem that will exist if Sears moves out which would attract other businesses to move with the larger business, which has happened in many other cities. Mr. Schoneman stated this meeting gave him a new outlook and new view of what is occurring. He cited the fact that there have been three funeral hc~es outside of the downtown area, two of which moved out and left empty lots. Mr. Schoneman spoke of being in agreement that Sixth and Veneta is a most difficult intersection because of lack of sight distance on approaching fr~m the east and, also, snow and ice cz~ates a p~oblem when the signal is turned to blinking; but it would be possible to have a service station because it is zoned cial which would make a continual movement of caps in and out. Cu~bingwould be placed on Sixth Street East of Veneta for tmaffie control. Also, could be faced with a drive-in with continuous movement of traffic. Mr. Schoneman spoke of the up-dating of an old detario~ated condition of buildings; and that any new use of a blighted a~ea would meet the approval of anyone in Bremer~on, whether in the area or outside. Mr. Schonen~%n stated that he believed the building that has been presented on the plan, with proper beautification, would enhance the neighborhood. He realized it difficult to accept new business and always difficult to accept living next to a mortuary but in this case there would be a completely new look in this a~ea. Motion by Cc~missioner Sohoneman end Co~ssioner Clark to g~ent the special use permit. Under ~----~sion: Mayor Jarstad stated he would vote negative; the Planning Commission reecm~nended denial: that having a mortuar~ being placed in a residential nelghbor~ood, great weight has to be put on the feelings of the neighbors in the areas who have expressed their feelings they do not want a mortuary in their area; that it may not turn out to be a detriment to them if built but he felt ther~ was other available land properly zoned that is not in a residential area. Motion carried as follows: Mayor Jarstad, No. Commissioner Clark, Yes. C~'~,,issioner Schoneman, Yes. BIDS--POLICE CARS Clerk stated he had two bids, Kluge $ Crawford Motors, and by dipeotion of the Mayor he opened and read as follows: KLUGE (~qEVROLIrf: $50.00 check enclosed; $20,501.05, less l-~ade-in of $2~650.00. Without t~ade-ins, ~20,501.05. CRAWFORD MOTORS: $50.00 Manager's Check enclosed, $19,389.77 without trade-in. Motion by Mayor Jar~tad and C~,,,,issioner Schoneman to refer the bids to the proper cu,,,,~ttee con- s~s-~g of the City Clerk, Police Chief and City Cour~il for evaluation, review and decision at a later date, ca~ied unanimously. CHICO TOW TRUCK HEARING (Tape #1340) (It is to be noted that this heaping was taken down by Co~,t Reporter Rosemary Coons and will be COUNCIL M~-rING MINUTES - JANUARY 2~ 1973~ continued available when r~qu~red. ) Leonard Kruse represented ~ir. Tucker, Chico Towing. Mr. Tucker gave a brief history of his bus'ness experience; stated his equipment has been inspected by the Bremerton Police Dept. and is satisfacto~ Stated he has a storage lot in the city and his business in the city now is strictly con~ereial. In answer to Mr. Sexton, Mr. Tucker stated he has not been prohibited from doing business in the city but that he needs to be on the police call list; that he is presently on the state patrol call list; that his area is e~nlusive with the state patrol but that it would depend on how many firms were in his area whether it would be e~clusive. Discussion was held on the number of calls originated by the patrol and police department in 1972, and what Mr. Tucker would do if eight operators wanted on the call list in Bremerton. He said additional operators should be allowed if there was a need for them. Mr. Clark made it clear several times during the hearing that there was nothing to preclude any operator from conducting his business in the city and the question was simply whether or not to divide the police initiated calls. Mr. Clark discussed the confusion and competition that arose when there were more than one towing truck here. Mr. Sexton gave data concerning what other cities are doing about towing of care, showing there was no standardization among the cities. There was discussion as to whether the presentlDwing service is adequate and Mr. Tucker did not agree that it was adequate. ~i~yor Jarstad stated that the one otheT towing company had put its assets up for sale and inquired why Mr. Tucker had not purchased them. There followed a discussion about the call list which was formerly used by the police dept. Mr. Kruse spoke about the call list and about fairness and need for competition. Mr. Sexton cor~aented about the need for providing the public with the fastest, most convenient service and it should be within the jurisdiction of the city to try to provide this kind of service. There was a discussion of the exercise of police powers in connection with towing and that the state patrol operated by a gentlemen's agreement in their assignment of areas to operators. Discussion was held about going to a franchise .or going out for bids. Police Chief Schli~ gave a statement concerning the part of the police in the requirement for towing services. Asst. Chief Henry denied he had stated to ~Mr. Tucker that he would be on the call list July 15th and outlined what he had told Mr. Tucker about the qua! ifications for consideration for the call list. Chief Schlie outlined what he had learned in contacting seven cities and that other cities are having troubles in handling calls. Chief Schlie discussed how tow trucks are called and stated that personal calls may be made providing there is not an emergency in removal of a wreck wherein the local towing service must be called. Don Half, owner of Don's Auto Repair discussed what constitutes taking~too nuch time to make a call and spoke in favor of Pat. Tucker's service. Captain William Lively stated he did not remember saying there was a need for another towing service. that the police were getting adequate service and sometimes the truck was on the scene before the police car arrives. Stated he had checked Chico Towing's equipment and it was very adequate; that he had phone service in Bremerton and a well-fenced lot on Montgomery which meets Police Department requirements; that Mr. Tucker would need some covered area which he said he could obtain from Clifford's on llth Street but upon looking at it, Capt. ~ively believed the area would have to be rezoned and would not come up. to specifications. Capt. Lively discussed the officers' responsibilit~ at an accident and that a new officer might not have given the car driver the word about calling any tow truck, if not an emergency. Mr. F~rhart, clain~d there is a monopoly; stated that the present towing company was barred from AAA towing but is not hack on their list with restrictions; said he was in favor of Chico Towing and for two in the city. Vivian Proctor, stated she had an accident and her car was towed to the present lot but she did not realize she had a cholee and would know better nex~ time. Eunice McCrackin, stated her car was towed to LonK's Body Shop and thought the charge was out of line; favored a choice. Bill Fraser, Attorney, representing King's and Miller's Towing, a combined ownership of Earl ~ Lois King; spoke of oolite power under the constitution; quoted Washington statute RQ~ ~1.61.565; stated that governmental agency sets fees, may remove directly or throu~ a private firm as lonK as not arbitrary and capricious; cited from city ordinance relating to towing~ (City Code 9.08.0~0) which provides for Chief of Police to appolnt~a tow truck operator or operator~; discussed his experience with call lists and companies since 1959; stated that service has been better since last January when ther~ became one operator in Bremer~on said that ~iller's had four trucks and onlv one could be operated; that the business is not a great big lucrative thinK; there had been an answering service which provided a built-in delay; and if go hack to dividing up the business the equipment will deteriorate. Phil Hunter, Walt's Service, and has two service stations on the east side, spoke in favor of compet ition and stated that he overheard a police officer tell an accident victim he had to take King's TcwinK. Upon questioned, he could not document the charge. Mr. Sexton stated this was against the policy of the Police Dept. Mr. Hunter suggested puttln~ business out to bid. Mr. Sexton made it clear there is no ordinance now and suggested the City Council refer the matter to him for review and recommendation. Mr. R. $. Johnson, former owner of Miller's Towing, recounted his experience in the buslness~ stated he had the AAA business ~ that he sold out because he had other businesses which suffered from this operation which requires a full-time manager; believed the answering service did real well; had monitoring equipment but did not move in on an accident'umtil called; stated he had pictures of King's towing the Mayor's boat to WestpozWc and he has not P.U.C. ~icense.~ The Mayor stated he paid for what he got; and asked Mx,. Johnson if it was t~ue that he had divided a set of plates and had one plate put on separate tow trucks as was already stated by Attorney F~aser. M~. Johnson agreed this was tr~e. Mayor Jamstad asked if it was t~ue that the Fire Dep~.t,~nt had tzuuble with M~. Johnson because of violations of public safety ~ules when he was operating in a septic tank construction business. Mm. Johnson stated it was true. Mr. Johnson then stated he was no longer in the septic tank business. M~. Johnson stated he sold to a Mm. MeVey who in turn sold to King. Mayor stated he i had complaints about Miller's Towing fencing. Mrs. Les. Leaf defended the answering service which she r~n. Lester Leaf stated he called Chico Service when he needed towing for his Arrow Cabs. Mr. Clark reiterated his statemant that there is nothing to preclude a tow truck operator from start7 Lng a business in Breme~ton and the question is whether to divide business that eom~s out of the Police Depar~cment. Mr. Sexton discussed the points that had cctae up today and stated it was totally within the discret- ion of the City Council whether it wanted to continue the present p~actice or go to a call system. Mr. Kruse gave a resume of events leading up to the law suit staz~ced last Fall, and gave further a~gu~ent in behalf of his client. Considemable discussions surrounded use of ~e~]ations by the Police Dept. Finally, Mm. Sexton : stated this is an area which should be discussed because the Council probably is not fully aware i of them and they may be obsolete since they were adopted by the Police Dept. in 1968. Cormmissioner Schoneman asked if it was the police reconmendation that the city continue with the present monopolyi and that it is the most efficient that the city's has. Chief stated he didn't make a recon~nendation and the matter should be c]~r~d by ordinance that gives the authority to the Chief of Police; that i the o~dinance or regulation needs to be clarified to the Chief. Chief $ehlie stated he did not make. a reu~,,~ndation but that the de~a~.b~nt iS getting goo~, efficient §ermine at this' tin~, ~nd wh~tSe~ the city goes to bids or to alternate or whatever~ would like to have an ozx]inance so that rules are' bindin~ by law. Chief Schlie stated the present operation is working better - no trouble at scene of accident nor w~angling. Motion by Con~nissioner Clark and Mayor Jar~tad to take the matter under advisement and come uo with a speed (within a reasonable time) decision. Discussion was held as to why a decision could not be rendered now because M~. Kruse stated he had been working on this for about seven months. Attorney Sexton stated the implication was that the city would operate t~der the present system until come up with ordinance or an latemate solution. After fur~cher discussion, Conmissioner Clark and Mayor Japstad agra_ed to add 'k4ithin 30 days" to the motion. ~btion carried unanJJrously. Mr. KPuse asked that adequate notice be given when the matter comes up. CALL FOR BIDS - PIFfLINg CRADLES, [%a~E'rfE BRIDGE Clerk read memo, dated Jan. 2~, 1973, from Mm. Humble which recc~,,,mnded calling for bids for replace ment of pipeline cradles on Mane%re Bridge. ~{otion by Co~missioner Schoneman and Cormmissioner Clark to accept the recommendation and approve ~-~ge O~der No. 1, carried unanimously. C~5~IGE ORDER NO. 1 - LID-311 Sched. B (L.D.L. land Dev. Co.) Clerk read memo. date~. 23, 1973, from City Engineer reconmending approval of Change O~der No. on LID-311, Schedule B to L.D.L. Land Development Co., Inc. contract for $7~7.00 for adding 8-foot drop connection at wet well on Pump Station ~28 and change 8" C.I. influent to 10' C.I. influent. Motion by Con~issioner Schoneman and C~,,~issioner Clark to accept the recommendation and approve ~ge Order No. 1, carmied unanimously. }RIMANE SOCIETY CONTRACT FOR 1973 Clerk stated he did not know if the City had a contract or not with Htm~ne Society because of their non-acceptance of the additien to the oontract regarding""and/or the public" which concerns the see~ ing of records. Mayor Jar~tad stated the county had accepted the contr~et simila~ to the one offer~ ed the city and the humane society had talked to him and suggested the addition be deleted. Mr. Schoneman cctmnented that it had been reeonv~nded by the Asst. City Attonney; and the m~yor stated the City Council could go either way. Hotion by Co~nissioner Schoneman and Commissioner Clark to accept the contract as originally presen~- ed~ ca_r~ied unanimously. BILLS ~---%-i~n by Commissioner Clark and Mayor Jarstad to approve payment of voucher numbers 72102-72187 inclusive this 2~th day of January, 1973, in the total amount of $82,136.62, carried unanimously. APPROVED BY: · JARST~YOR Typed: ' Proofread: ~"?~'" V TAPE #1 0-2209 Side A