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HomeMy WebLinkAbout02/21/73 CITY COUNCIL M~L'riNG MINUTES FEBRUARY 21, 1973 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of the City Hall at 9:00 a.m., PST, Wednesday, February 21, 1973. Attending were: Mayor Jarstad, presiding; C~i~issioner Clark; Co,,nissioner Schoneman; City Clerk Yeadon; Assistant City Attorney, Gary Sexton; representatives of the press and radio. Meeting opened with the Pledge of Allegiance and Invocation by Rev. A~nold Wall of Navy Yard City Bible Church. MINUTES The l~i~utes of February 14, 1973, were read and approved as amended. CLAIM FOR DAMAGES - DANIELLE SCHULTZ (REJECTION) Clerk explained that he has refer~ed this claim to the city's insurance ccmpany and they do/~le ii this type of claim. City Clerk rec~,~nded this claim be rejected. :Motion bV Con*missioner Clark and Mayor Jarstad to accept the recc~nendation of the City Clerk and .: refer the claim to the City Attorney's Office for necessary legal work, carried unaninDusly. .i NOTICE OF CLAIM OF LIEN - WAGNER EXCAVATING (TRUCKING, INC.) ! Clerk presented Notice of Claim of Lien f~om Hurley A. Higgs dba Trucking, Inc., against the retained '~percentage of Wagner's Excavating and against the bond ~of Wagner Excavating in the amount of ~$3,255.00. City Clerk stated that he will notify the Bond Company and the City Attorney's Office of this matter, and provide them with copies of the Lien. i BID AWARD - HOLLIS STR~LT STOMM SEWER MATERL~ Clerk read memo dated February 21, 1973, from City Engineer to City Council recom~mnding the subject I contract be awarded to the low bidder, Lundberg Concrete Pipe Company of Tacoma. ~Mction by C~,u,gssioner Schoneman ar~ Cc~missioner Clark to concur with the reco~nendation of the City i Engineer and award the contract to Lundberg Pipe Company, Inc.; carried unanimously. CALL FOR BIDS - VAN TRUCK (COMMUNICATIONS MAIN'r~NANCE DEFt. ) Clerk read memo dated February 21, 197~, f~om Dave Pa~non (Communications Supervisor) to City Council requesting authorization to call for bids for a 1973 Van type vehicle; also, stated that approximate . cost is $4,000.00 which is provided in the 1973 budget. Motion by Mavor Jarstad and Conmtissioner Clark to authorize the call for bids for the van, carried unanimously. BID AWARD - WOODEN CRADLES/MANcri'5 BRIDGE Clerk read memo dated February 16, 1973, from E. R. Weller to Commissioner Schoneman rec~,,]~ending the subject contract be awarded to the iow bidder, Kitsap Mechanical Company; that this fire instal- led the cradles broken by Manson Company and performed a satisfactory ~ob. Motion by Co,,~,issioner Schoneman and Mayor Jarstad to accept the rec~,~endation of Assistant Water u~ntendent Weller and award the contract to Kitsap Mechanical Company; ca~ried unanimously. CALL FOR BIDS - TRUCKS (WATER DISTRIBUTION) ~Clerk read memo dated February 20, 1973, frcm E. R. Weller to Co~ssioner Schoneman requesting authorization to call for bids to purchase trucks indicated in the 1973 budget (One 1% Ton Truck). Motion by Con*missioner Schoneman and Cu~,ulssioner Clark to authorize the call for bids, ca~ried i unanimously. !CALL FOR BIDS - PLANTING MATERIAL (WARREN AVE. BRIDGE BEAUTIFICATION PROJECT) I Clerk read memo dated February 20, 1973, f~n Andrew Pendergas. t to City Clerk requesting Council's !authorization to call for bids for the purchase of shrubbery and trees for the subject project; also, i stated that funds for this are provided in the 197~ budget as furnished by the State Depa~h,~ent of Highways under Contract #GC ~285, Highway 303, Control Section #1830. I Motion by Mayor Jarstad and Co,~tissioner Schonenan to authorize the bid call, carried unanimously. i DEVELOPMENT OF BATAAN PARK (OLYMPUS DRIVE/SYLVAN WAY) I Clerk read memo dated February 20, 1973, frc~ Andrew Pende~gast to Mayor Jarstad recommending that the :~ City Council provide means for base grading and contouring of the subject area (Olympus Drive ~ i Sylvan Way); that this will take heavy equitm~ent and undoubtedly will involve some direct costs. The i memo also stated that the Park De~.h,ent budget for 1973 reflects an item under Capital Outlay i;~eount 961 Land which is specifically for City beautification projects. The memo explained that a ~1 source of water supply is also needed for irrigation p~rposes. The memo further explained that the i Philippine C~,~,~nity is going to lend their efforts towards the project's completion. i Cu,,~issioner Schoneman stated that some work has been done using the city's equi~nent and stated that i he is aware of what is needed to be done on this pro~ect. Cu,,~_nted that this pro~ect is in an ex- i eellent location with a beautiful view, and he recc~nds continuing with the p£uject. iMayor Jarstad explained that once the ground is prepared, the Philippine Community wish to complete i the project with planting, etc. Mayor Jarstad ccmplimented Ar~y Pendergast ~ Park Superintendent, on ,gettzng this project under way. i C~,,,~ssioner Clark suggested that Bob Theroux be notified of this project to investigate any possible :funding from State or Federal sources. Mayor Jarstad stated he would discuss this project with Mr. COUNCIL M~h'I'ING MINUTES - FEBRUARY 21, 1973 - continued D~'ENSE OF INDIGENT MISD~_~NANTS (Lb-rr~R OF ~) Clerk read letter of Agreement dated February 6, 1973, from Kitsap County Conmissioner Frank Randall to Mayor Jarstad~ which stated that in response to the Supreme Court ruling regarding the public defense of indigent misdeneanants~ the County employed James Mmulro to act as Public Defender for thes cases for both the county and the municipalities within the county. The letter stated the salary was set at ~2~000 a year and explained that each municipality would be billed at the cost pep case rate based upon the number of assignments by their Municipal Judge to Mr. Munro. Cit.y Clerk read memo dated February 7, 1973, from Assistant City Attorney McCluskey to Mayor Jar~tad urging the City Council to sign the Letter of Ag~eement~ that the City must provide counsel for these people and this would be the most economical method. The memo further stated that the city's appoint ments would not be extremely high due to the fact that Judge Danielson appoints only when he feels tha'~ the defendant is likely to receive a jail sentence or when the crime is a serious misdemeanor. Mayor Jarstad stated that the Council is awa~e of its responsibility to provide counsel for indiEent misdemeanants. Stated that Judge Danielson and City Attorney Walg~en both recommend entering into such an agreement. Motion by C~,~issioner Clark and Mayor Jarstad to accept the proposal and authorize the Mayor and C-~--ty Clerk to sign on behalf of the City~ carried unanimously. L~'l'r~a OF AGREEMENT - DEPT. OF TREASURY (REVENUE SHARING) Clerk p~esented lette~ of Agme~nent setting forth requirements to be followed by the City with respec to the use of revenue sharing funds. City Clerk outlined the r~quirements to be followed by the City with respect to the use of revenue sha~ing funds. City Clerk outlined the ~equi~ements and presented a card to be signed by the Mayor agreeing to the requirements. Motion by Co~missioner Clark and Mayor Ja~stad to authorize the Mayor to sign the Agreement (card) ~-~-~thorizing the Clerk to distribute copies of the letter to the City Treasure~, City Attorney, and C~,,,~ssioners; ca~ied unanimously. LL'i'I'ER $ DISCOSSION - BRANDING IRON LOUNGE RE: DANCING ~ EN/ICRrAIb~MENT LICENSE Mayor Jarstad explained that the Chief of Police has reo0~mended to the Council that there are vio- lations of the business license issued to the subject lounge. Mayor Jarstad stated that no action should be taken at this time and directed the letter be refer~ed to the City Attorney for evaluation and report to the City Council at next meeting at which time a hearing date on the subject license will be set. SET HEARING DATE - BUSKIRK SHORELINE MANAGEMENT APPLICATION City Clerk stated that a hearing date should be set on the Shoreline Management Application of Gladys Buskirk (525 Lebo Blvd.), and rec~,,,~nded March 7th as the date. Motion by Commissioner Schoneman and Mayor Jarstad to set heaping date for March 7, 1973, at 10:00 a.m., carried unanimously. ANNEXATION FL"£ITION - SHERIDAN HEIGHTS/CEDAR GROVE Clerk presented Petition for Resolution of Approval (Cedar Grove/Shemidan Heights) signed by 37 persons for acceptance of the City Council. tbY Mayor Jarstad and Co~nissioner Cla~k to accept the petition and that it be refer~ed to the tomey in order fo~ tb~ p~opem resolution to be prepared and submitted to the Council at the next Council Meeting. Mayor Jarstad reviewed the background of the p~oposed annexation and stated that the Boundary Review Board meoommended that these two a~eas annex into the city together. Further explained that the percent of signatures on the petitions for annexation of the Two areas togethem was not sufficient for annexation and that the City Attorney's Office rec~,,~nded the petitioners annex to the City through the election method. Mayor Ja~stad stated that the people in these a~eas are very desirous of annexing to the City of Breme~ton; that they do want the services provided by the City. Motion carried unanimously. ORDINANCE NO. 3060 - CONTROL OF NUDITY IN PUBLIC P~ACES Motion by Mayor Jarstad and Cu~,,issioner Schoneman to read the ordinance relating to the control of n-~-~, carried unanimously. Clerk read An Ordinance relating to the control of nudity in public places; and declaring an emer- gency. Motion by Mayor Jarstad and Commissioner Clark to pass Ordinance No. 3060. Mayor Jarstad stated that this ordinance is strongly recommended by the Police Depaf, h~mnt, and has been reviewed and evaluated by the City Attorlley's Office. Explained that this ordinance is iden- tical to the Spokane City Ordinance related to this subject. Fx~die Adams suggested that this matter be controlled by the State or at least have the ordinance apply to the entire County; that with just City restrictions Bpeme~ton business will be driven to the County where there are no such restrictions. Mayor Jarstad explained that when an arTest is made in Br~merton, there must be a substantial o~din- ante which will hold up in Municipal Cou~t; that there have been problems with the present o~dinance which is far too general. C~,,~,{ssioner Clark commented that this ordinance will give the Police Dep~.t~mnt the "legal machin- COUNCIL MECI'ING MINUTES - FEBRUARY 21, 1973 - continued ery" necessary to control the p~esent bad situation in some isolated a~eas. Motion carried as follows: Mayor. Jarstad~ yes; Conmtissioner Clark, yes; C~,~issioner Schoneman, yes. 10:00 - RECOGNITION OF MA'rit~S NOT ON THE AG~iNDA Franke Perrone, representing West B r~me~ton Merchants, Inc., presented a petition to the City Coun- cil stating the undersigned feel that the plan passed by the City Council in July of 1972 to tie into the ~oad recently completed by the county with a dimect route to Mamine D~ive and Kitsap Way to be far superior to any othel~ plan brought forth. (This petition in connection with K-Weaner Inter~ change). Mr. Perzone stated that other route b~ought forth (Connecting to Burwell at Callow) would be mope destructive to the Cc, munity and would bypass the Callow Avenue Business District. issioner Clark stated that this route (Burwell/Callow) would not necessarily bypass the Callow Avenue Business District. Discussion was held and Co~zlissioner Schoneman suggested the Council meet and discuss the K-Wel-ne~ Interchange matter as soon as possible. Mayor Ja~stad concurred and stated that the County sioner~ have cont? acted him and have stated they do wish to schedule a discussion on the matter. Mr. Peptone stated that the West Bremerton Merchants ~ Inc. ~ would like to see the City Council give this matter (K-Werner Interchange) their Immediate consideration. Mayor Jar~tad directed the petition be filed and considered in the study of this matter. CHICO TOWING - POLICE CALL LIST Clerk noted that CourT Repor~cer Rosemar~ Coons was prssent to record this discussion. Neal Sheffield commented that if the Council per, tits the p~esent "monopoly" on the Police Towing Call List, the towing Pates will increase due to no competition. Ccm~nissioner Schoneman stated that it was his opinion that until the towing industry of the state : comes under the jurisdiction of Washington Utilities and T~anspo~tation Commission~ the City should continue with its present towing operation practices. Motion by C.~missioner Sehoneman and Co~nissioner Cla~k to continue with the present operation. : Commissioner Cla~k stated that the Police DeparTment has found the present operation much mo~e sat- isfactory than the former "police call list" method of operation; that the effeciency of the oper~ ation is an important factor in consideration of emergency services (noted that present operator als0 conducts ambulance service in Bremerton). Co~ssioner Cla~k c~m',~nted that the present operator ha~ given ver~/ satisfactory and adequate service and should be retained to prevent the deteriol~ation of emergency services in the City of B~emerTon. M~. Clark also stated that Chico towing is a reputable service and is welcome to operate in Br~merton. Mr. Cla~k noted that the Police Depa~'.b~nt estimate their towinK business at about $12,000 per year. Co.,~Jssioner Clark made the following amendment to the motion: Amendment to Motion that the City Attorney be instructed to prepar~ the necessary Findings of Fact ~----~usions of Law for the Council's approval as well as necessary clarifying and implementing ordinances including the right of the City Council to review and exercise reasonable control over ~ates and related charges and possibly to r~view and adjudicate c~plaints pending any State legis- lation which might in the future supersede the City's control. C~,,,Jssioner Schoneman agreed to this amendment (addition) to his motion. Mayor Japstad stated he concurred with his fellow c~',~issioners that the present operation is a fine. system and is operating efficiently in the ~nergency field. Stated he felt the present operator i should be maintained. Motion and Amendment (addition) to the Motion was carTied unanimously. PAY BILLS Mot-~ by Con~tissioner Clark and Mayor Jarstad to give a blanket appmoval on Voucher Nos. 72~2 ~ 7~$1~ inclusive, in the total ~unt of $25,383.~1; carried unanimously. REPORTS - CO~ISSIONER CLARK 1. Expressed pleasure at heaping news of the Tmident Submarine being based at Bangor, creating additional employment, etc. ; 2. Civil Service Examination for City Tmeasurer will be held Monday. tkplained that he will be provided three names from which he will make the final appointment. Stated it will be difficult to find a replacement for F~ank Shepard as an individual since he has been an excellent City T~easurer. REPORTS - CO~ISSIONER SCHONI~[AN 1. Ideal construction weather and all projects ar~ continuing on schedule. : 2. On March Bth One million Chinook will be planted at Gorst C~eek. Stated there is need for a freezer in which to sto~e additional fish food and suggested that s~neone may wish to donate a freezer for this pr~)~eot. 3. Stated he attended Heaping on Senate Bill 2S39 last Monday. Repol-ted on statement made concern- ing one-cent gas tax for UAB Projects which was that the people actually save money by paying this tax which enables turn-movement lanes and better traffic conditions fo~ the motorist. Mr. $chone~nan stated that when B~emerton was all two-lane highways, during peak hours one would have to wait at CCUNCIL MA2frING MINUTES - FEBRUARY 21, 1973 - continued an intersection quite some time in order to make a turn which probably cost him mo~e than one cent in gas. Stated that if the gas tax goes through, eol~ections can. be made at Cambrian connecting to Callow Avenue. Mr. S?honeman stated he did speak at the heaping in favor of the gas tax and c~,,,~nt~ ed that the Governor is opposed because he pr~mised the~e would he no increase in taxes. Mr. Schone~ man stated that Highway No. 16 should ~eceive u~most consideration due to the many traffic fatalitie~ on this highway. 4. Played Carillon Bells in honor of George Washington's Bir~day. Also played Carillon Bells wel- coming home P.O.W. Lieut. C~under Br~ver on Saturday. 5. }{ave TOPICS Appraisal for Sixth g War~en and the City Council will be meeting to discuss this p~ogrem. 8. Expressed regret at announcing the news of Everett G. Humble (Water Superintendent) retiring. Stated there will be a retirement party March 1§, at Gold Mountain Municipal Golf Course. Gave back~u~nd of Mr. Humble's emplos~ent with the City and c~J,,,ented on his excellent service to the City in the ar~a of Public Works. REPORTS - CITY CLERK YEADON 1. He and his wife attended on behalf of the City the Philippine An~.l~ican C~,.unity Annual Officers Installation and Ball in Port Orchard. Stated he spoke at this event and found the evening ver~ interesting and enjoyable, and appreciate the oppor~unity of representing the City at this event. Mayor Jarstad complimented Mr. Yeadon on his fine speaking abilities and stated he is preud to have Mr. Yeadon represent the City at such events. City Clerk presented neWs clipping and printed leaflet put out by the Br~merton Sun giving infor- mation on the proposed Tmident Submarine being based at Bangor. REPORTS - MAYOR JARSTAD 1. Reported he was pleased with the neWs of the Trident SuPine being based at Bangor. Spoke of additional opporWt~lnities in employment, education~ etc. 2. Will be leaving on Saturday to attend National Convention of Council of Govex~r, fmnts representing Puget Sound Gove~,,~ntal Conference which will be held in Minneapolis, Minnesota. Also, will be flying~ by charter flight to Washington, D. C. fop meeting with proper agencies concerning the CilT's allocation of Revenue Shaping monies. 3. Complimented young people involved in school activities. Stated he Will return f~om Minneapolis in time for the East High basketball game on Friday night; that East Hi~=h team is one of the most exciting tean~ he has seen play in high school ranks. BID OPI~ING - 8 INCH ALTITUDE VALVE (WATER DE~T. ) Motion by Mayor Jarstad and C~,,~,~ssioner Clark to open bids on the altitude valve, ca~pied unanimous ~. Clerk opened the following bids: Pacific Water Works Supply Company, Seattle, Cert. Check Enc ............ $1,170.00 H. D. Fowler C~pany, Inc., Bellevue, Bid Bond Enclosed .............. 1,035.11 Grinnell Company of the Pacific, Seattle, Cert. Check Enclosed .......... 997.50 Western Utilities Supply Company, Seattle, Cert. Cheek Enclosed .......... 972.15 Alt. Motion by Co~nissioner Schone~m%n and C~'~,,Jssioner Clark to refer bids to the proper co~,,{ttee fop study and tabulation for ~eo~,,~ndation to the Council, carried unanimously. LrrrgR OF AGRE~ - BARRY BRANCH (ARCHITECTURAL ,SERVICES) TRANSIT GARAGE Clerk read Letter of Ag~eenent dated Feb. 20, 1973, fr(~n Architect Ba~ Br~nch to City Clerk statir that the estimate of probable construction cost for the installation of neW fuel storage tanks and gas pump building at the Municipal T~ansit Garage is $9 ,gS0; also agreeing to render Architectural services for 10 percent of the coni-~act price. City Treasurer Frank Shepard was present. Co~ssioner Clal~k asked Mr. Shepa~d what the UFffA Grant appropriation was and how it c~,%pa_~es with the proposed cost of the subject p~o~ect; also, asked Mr. Shepard if this p~oject needs approval of UFf~A. Mr. Shepard explained that the revised application was made to UM~A for r~novating the fueling facility which is necessary because the new buses will be diesel; also, stated the revised applic- ation included a $5,000 item with a 5% contigency which would be $5,250. Stated Mr. Br~nch was hired for this project because the work was too detailed for the City Forces. Stated that the local sha~e would be $1,750, and UMTA would pay $3,500 for the fuel facility up-dating. Stated that there will be about $~,500 which will be needed fr~m some other s~ than UMTA. Mr. Shepa~d also explained (related to Mr. Clark's second question) that UMTA allows the City to acq, H~e architect- ural services on their own provided it is a reputable firm. Stated that UMTA will be notified of the cost of the pro~ect immediately after the bid opening when the acin~al cost is known. C~,~,~ssioner Clark stated he wanted the Council to be aware of the fact that this additional money (approx. $5,500) will be needed. Motion by C~,~,,~ssioner Cla~k and Mayor Jamstad to approve the agre~nt with Ba~ B~anch with the {~-~tanding that the Council will have to co,ne up with additional funds (approx. $5,500) to aeo~,~plish this p~oject, ear~ied unanimously. COUNCIL MEETING MINUTES - FEBRUARY 21; 1973~ continued RECESSED CITY COUNCIL M~LTiNG FEBRUARY 21, 1973 TAPE 2669 ~e recessed meeting of the City Council of the City of Bremmrton, Washington, was held in the Coun- cil Chambers of City }{~11 at ?:$0 p.m., PST, Wednesday, February 21, 1973. Attending were: Mayor Jarstad, presiding, Commissioner Clark, Cx)~missioner Schoneman, Cii~y Clerk Yeadon, City Engineer Parker, Street Superintendent Archie Mottinger, and Gerry Thcrnburg, Office Engineer. HEARING - LID #306 - ALLEY BETWEEN WYCOF¥ ~ VELDEE (24TH TO 26~{ ST) Motion bV Mayor Jarstad and C~issioner Schoneman to hOld hearing on LID #306, tattled unanimously. Clerk stated that this is a hearing on the final assessment Poll fop LID #306 which was an improve- ment of the alley between Veldee and ~coff, 24th to 26th Streets; also, stated he notified propertyI owners of record on the assessment roll and published resolution in the newspaper according to the law. Stated he received no written protests on the assessment roll. City F~ginear Parker pointed outthe subject alley on a map. Stated this alley was originally es- tablished as an LID through a petition signed by 70 percent of the property owners. Further explain~ that 70.37 percent of the property owners in the total LID area signed the petition, and 70.00 perce~ of the property owners §igned for improvement of the alley. Stated the alley was improved with an asphalt lift. Stated the total cost of the project was about $~,400 and the Street Department con- tributed $1,261 in work leaving the cost to be assessed against the LID about $3,198. Stated that total fmontage is 264~ feet and the frontage line is 1877 feet, which when promated is about $1.21 per front foot. , Commissioner Scb~neman stated that the Street Department does support projects such as this with labor and equipment in maintenance, etc. Stated that the improvement consisted of asphalt lift d~m the center of the alley and also a drain structure which was placed at the north end just south! of 26th Street. Stated the City encourages this type of improvement because it is one alley less that the Street Depar~',ent must maintain. By question of the Mayor it was noted that 43 property owners are involved in the subject LID. Con~nissioner Schoneman explained that normally the pole system is on the street; however when Veldee! was constructed, street lighting was included and presently all power poles serving both the proper-I ties facinK Wvcoff and facing Veldee are in the alley which caused a problem in attempting to pave the entire width of the alley. Further explained that the main purpose of the improvement was bette~ driveability and drainage control which was accon~plished. Mr. Schoneman explained that the alley could be improved all the way to the property line with the relocation of bulk heads at the cost of the property owner. Stated that presently the third or fourth house south of 26th Street facing Veldee has a drop-off between his property line and the asphalt lift. , John Nardi, 2U~7 North Wycoff, stated he has a drop-off coming out of his driveway into the alley. Questioned when the City is going to place sidewalks in front of his property. Co~nissioner Schoneman explained tlmt this (placing sidewalks) would require another petition from the property o~mers to fora another LID. W. M. Lusk, 2529 North Wycoff, stated that when the subject property was sold a covenant required all the property owners to put in sidewalks if any one person did to standardize the neighborhood. C~mmissioner Schoneman pointed out that this covenant would have been established when the subject property was still in the County, and suggested that it may not apply now that the property is in the City. Mayor Jarstad questioned Gerry Thornburgh as to what the range of the assessments are. Mr. Thom- burgh stated that the highest assessment is about $133 and they go down to about $60. [~Vor Jarstad asked why there was such a time delay involved with the Improvement. Commissioner Schoneman explained that at the time the LID was established there was a change-over cfi City Engineers and there was no follow through on the project. Stated this project was never brough' to the present Engineer's attention. City Clerk explained that this LID became evident when the LID rolls were being checked out by the State. Co~nissioner Clark asked what the exact problem was with Mr. Nardi's property which has a drop-off coming out of his driveway into the alley. Archie Mottinger, Street Superintendent, explained why the problem exists and ~tated there would be an adjustment. Pbtion by Mayor Jamstad and Conmissioner Clark to close the hearing and direct the reading of the o~ce, carried unanimously. ORDINANCE NO. 3061 - LID #306 Clerk read An Ordinance adopting and confirming the assessment roll for Local Improvement District NO. 306, providing for the improvement of the alley from 2~th Street to 26th Street between Veldee and Wycoff Avenue. COUNCIL MEETING MINUTES - FEBRUARY 21~ 1973; continued Motion by Cu.,,,issioner Schone3nan and C~,mdssioner Clark to pass Ordinance No. 3061, ca. pled as fol- ~ Mayor Japstad, ves; Cu,~ilss~oner Clan-k, yes; Comralssioner Schone~an, yes. MeetinK adjourned at 8:02 p.m. G.' 'C. YFAI~.fl, SR., CITY CLERK '