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HomeMy WebLinkAbout03/15/72 MINUTES OF THE CITY COUNCIL ~RCH 15, 1972 The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers of City Hall at 9:00 A.M., PST, Wednesday, March 15, 1972. Attending were: Mayor Jarstad presiding, Commissioner Clark, Commissioner Schoneman, City Clerk Yeadon, City Attorney Walgren, Eddie Adams, and representative of the press. ~eettnz opened with the Pledge of Allegiance and Invocation by Pastor John Rupert, First Free Methodist Church. MINUTES OF ~RCH 8~ 1972 The minutes of March 8, 1972, were approved as read. SEPARATIONS William S. Hawkins, Field Engineer, March 10, 1972. Motion by Mayor Jarstad and Commissioner Clark to approve the separation, carrie~ unanimously. NOTI~ OF EMPLOYMENT Jeffrey Rask, Part-time Playleader, Parks and Recreation, $2.10 per houri Motion by Mayor Jarstad and Commissioner Clark to approve employment, carried unanimously. CHANGES IN PAY STATUS Jack H. Stodden, Third Year Fire Fighter to Fourth Year Fire Fighter, from $758 to $793. Laurence B. Rankin, First Year Fire Fighter to Second Year Fire Fighter, from $694 to $723. Motion by Mayor Jarstad and Commissioner Clark to approve changes in pay status, carried unanimously. AWARD OF BIDS Clerk read memo dated March 14, 1972, to himself from Fire Chief Holtine, which stated it was determined that Imperial Manufac%uring was the lowest responsible bidder for scuba equipment for the Fire Department with a total bid of $1147.47, and met all specifications. Clerk also read memo dated March 14, 1972, from himself to City Council, which stated it was the recommendation of Andrew Pendergast and himself to award to iow bidder on septic tank system, Classic Construction, for $474.50 plus sales tax. Motion by Mayor Jarstad and Commissioner Clark to approve call for bids, carried unanimously. PURCHASE APPROVAL - Truck from Snohomish Count~ Clerk read letter dated March 13, 1972, from E. G. Humble to Commissioner, Schoneman, requesting authorization to purchase one1964 GMC Truck from the Snohomish County Road District for $5OO.OO. Motion by Commissioner Schoneman and Commissioner Clark to approve purchase of truck for $500.00. Under discussion: Commissioner Schoneman stated the truck will be needed for mounting of the sewer Jet cleaning machine still to be purchased; that Snohomish County was having the Superior Court declare the truck surplus thereby making it available for Bremerton to purchase without calling for bids. Carried unanimously. CONTRACT CItANGE ORDERS Clerk presented Change Order No. 1 to Northwest Hotel Supply, Inc., with a total deduction of $302.40 from the contract price, and a total adjusted contract price of $38,779.59. Clerk presented Change Order Nos. 2,3,4,5,6,7, to Saule Corporation, with a total addition of $3,608.85, and a total adjusted contract price of $161.157,15. Motion by Commissioner Clark and Commissioner Schoneman to approve the Change Orders. Under discussion: Commissioner Clark stated that this constitutes all of the Change Orders in that particular Job and when you realize that it was a sizeable construction and that the CITY COIINCIL MINUTES - MARClt 15, 1972 (Continued) and that the total Change Order represented two percent of the construction, it is quite re- markable. Carried unanimously. PROCLAMATION ~ Human Resources Day Clerk read proclamation of the Mayor proclaiming April 22 "Human Resources Day". LETTER - NAACP Clerk read undated letter from NAACP to Bremerton City Council requesting the employment of at least two persons of a minority ethnic group in the City Hall work force in some capacity other than Janftorial. Mayor Jarstad stated the letter was gone over in the Human Relations Meeting yesterday, and there are many areas of concern and consideration, tle stated he felt the City of Bremerton welcomes all races of people in its employment, and hopes that the NAACP instructs their people to make contact with the Civil Service Commission, and also provides us with a list of those people they feel are employable. The Mayor explained that one big handicap was that the City doesn't get many applications from members in their area, having no appli- cations in the Fire Department, and only two in the Police Department--one of which was hired and one of which went to the Puget Sound Naval Shipyard's Police Department. The Mayor also stated that we do have minority employment throughout the City in excess if we are going to use racial population in our City, and that he would like to see in the future more people in minority groups placed in various office positions, and completely agreed with the intent of the letter. Commissioner Clark concurred with the Mayor and reemphasized that qualified persons of minority groups had not applied; that he agreed there should be members of the black race employed in the City Hall but it appeared to him that their qualified people were already working and there was a dearth of qualified applicants. RESOLUTION - NO. 1529 (Bremerton Municipal Transit) Clerk read Resolution No. 1529 setting time and place for a hearing to consider purchase of transit buses and other related equipment and materials. Motion by Commissioner Clark and Commissioner Schoneman to pass Resolution No. 1529. Under discussion: Commissioner Clark explained the purpose of the resolution and commented on the route it must take to obtain federal funding. Carried as follows: Mayor Jarstad - yes, Commissioner Clark - yes, Commissioner Schoneman - yes. PRESENTATION OF CERTIFICATE - George Mottner Commissioner Schoneman read letter dated March 2, 1972, from State Department of Social and Health Services, which enclosed a Certificate of Competency for George H. Mottner as Water Works Specialists - Cross Connection Division. Mr. Mottner came forward for the presentation and was congratulated by members of the City Council. OPEN MEETING No one spoke on city business on matters not on the agenda. HEARINGS - CEDAR GROVE/SHERIDAN HEIGttTS Motion by Mayor Jarstad that the hearing on Cedar Grove Annexation be held. Also, stated that the City Council is Just taking testimony today and this hearing will be continued to the next Council ~eeting ~ich will be a week from today. Seconded by Commissioner Schoneman; carried unanimously. , CEDAR GROVE HEARING Clerk stated he had published notice of hearing, sent notices to property owners and posted the area, as required by law. Clerk stated that the Kttsap County Boundary Review Board had approved the annexation to the City. Clerk then read from a copy of letter dated February 8, 1972, to the Kitsap County Boundary Review Board from Department of Public ltealth, Bremerton- Kitsap County, signed by J. A. Weigel, R.S., Director of Environmental Health, concerning soil survey and recommending if the area were allowed to be developed with private sewage dis- posal systems it is very imperative that it be served with public water early in its develop- ment. George Plescher, Planning Director, showed map of the area of both Cedar Grove and Sheridan Heights, stated land us was largely residential; area of Cedar Grove approximately 30 acres, total assessed valuation $219,855.00, approximately 31 dwelling units and estimated population of approximately 38 people now living in Cedar Grove area. Mr. Plescher stated concerning Sheridan Heights that it is 159 acres, total assessed valuation of $493,885.00, with 41 dwelling units and approximately 119 people. No one spoke for or against the proposed annexation of Cedar Grove. Mayor Jarstad stated the hearing would be continued until next Wednesday. SHERIDAN ItEIGHTS Mayor Jarstad stated it had been brought to the Commissioners attention there is not a 75% petition and Mr. Plescher stated this was correct, it is 74.66%. Mayor Jarstad stated there does not appear to be a 75% petition as had been expected and that under the terms of the Outside Utility Agreements the city has been providing water services to various residents of the area. Mayor Jarstad read the agreement; and then instructed the City Attorney to proceed to execute under the terms of this agreement as it relates to providing the city's water supply to this area. It was pointed out that there are two parties involved. Commis- sioner Clark made a motion to substitute for the instruction of the Mayor. Motion bv Commissioner Clark and Mayor Jarstad to instruct the City Attorney to take the CITY COUNCIL MINUTES - MARCtl 15~ 1972 (Continued) necessary action to enforce the contract. Under discussion: Commissioner Clark discussed the good faith which was considered to be on both side8 when'entering the agreement, and the action of turing off the water or whatever is necessary to enforce the agreement. Commis- sioner Schoneman clarified that it is not anticipated when signing a contract that an in- dividual will be annexing by himself but that when a majority in an area decides to annex, then the contract as written would require the one receiving the water to willingly sign the annexation petition. Emphasized by Commissioner Clark that the City had entered into the contract in good faith and it was a shame that 74.66% of the people, which is a substantial majority needing city services, should be held back by two people who signed a contract and not now following their responsibility. Mr. Phillip Best, Attorney for a number of people in opposition to the annexation, said he represented Mrs. Shockro, Mr. and Mrs. John Conn. There followed an exchange as to whether Mr. Best was speaking on the motion and Mr. Walgren Instructed that remarks should be confined to the motion, and that speaking in opposition would have to come after. Mr. Jerry Vergeer discussed his immediate area getting water through a master meter and stated he was going to take his name off the petition. Motion carried unanimously. Mayor Jarstad opened the time for taking testimony in relation to the Sheridan Heights annexation. Mrs. Blanche Copley stated the watermaiu was put by her house on easement and whe did it for her neighbor who had compensated her for services which were very valuable to her which had been unrepaid until this opportunity; that her name was put on because he wanted water to his development down below; that when whe signed she didn'think it was going to come to this; that she didn't really think much about it and didn't read the contract. She said the clerk who waited on her told her that she would not be opposing any annexation. She didn't want in any way to be the reason for her neighbors having to do something difficult for them to do. She stated whe could get water without city water; that is is connected. Mrs. Phyllis Cerneti~ Corm, Route 7, Box 1298, complained after the mains were installed she had to have loads of gravel brought in because of muddy conditions. She said when she signed uD for water she did not read because of difficulties and she was not sure she under- stood about the contract; however, she was not sure she understood and she did not expect anything like this. She said she was not against progress but asked why they should be pushed this way. Mable Bisson stated that Mrs. Conn had called her to let her be the first to know that she had signed up to go into the city and that had felt like she had signed her life away. ~lrs. Bisson commented that she didn't like to hear people say they didn't understand. Mr. Glenn Vockrodt, 1409 Marlow, said he didn't believe the contract was legal. This was followed by an exchange of remarks between Commissioner Clark and Mr. Vockrodt. John Cole., Route 7, Box 1303, read a lengthy letter objecting to the annexation. He promised to turn in a copy of this letter to the City Clerk. Mr. Clark pointed out several statements which he said were inaccurate. Mr. Cole had at the outset stated he had not verified all the points contained in the prepared statement. Mr. Phillip Best, Attorney, stated he wanted to speak more of procedural points than sub- stantive points; that it was quite clear there were not 75% percent signatures now and asked if this annexation would start over because of this; cemented that the appeal period from the Coundary Review Board decision expires on the 17th two days from this hearing. He raised the question that if this is a valid hearing, whether it is valid to hold the hearing within the appeal period. Also, he said he had serious question about the validity of some of the signatures; pointed out the signatures have been collected over a period of five years and that he knew there was period of time in which signatures could be obtained; however, he felt there was some period of time after which a petition must stop and start all over again. Mayor Jarstad stated it would probably be according to whom is still on the appraised list at the County. If there was a transfer of ownership of a signature taken five years, the Mayor stated, it would certainly not be any good. Mr. Best stated that some of the sig- natures on the petition are not valid because either have died or moved away; that he would question the validity of their signatures on the petition unless the new owner had signed. Mentioned coercion and there was discussion as to what this means and its relationship to the contract with the benefits derived from the contract. Mr. Best asked why the City wanted to annex this area if less was going to be paid by the residents for services and the City was not going to make any money from the annexed property. Mayor Jarstad gave a comprehensive reply and stated annexation is contemplated when people come to the City asking for services and gave detailed reply of government's existence to render certain benefits. Following audience applause for the Mayor's statement, the matter of the need for 75% was discussed at length, and Mr. Best questioned what seemed to him to be an attitude of the City Council in favor of annexation. Commissioner Clark and the Mayor spoke about the fact there were 74.66% in favor and about the services which were needed in the area; and the Mayor spoke about the inevitable development which is coming there with related septic tank problems. CITY COUNCIL MINUTES - MARCH 15~ 1972 (Continued) Mrs. C. G. Shockro, stated that most of the people who are in t~e 74% are those who wish to de- velop their land; tha~ the City knew when it sent the petition to the review board that it had 74.99% and knew it was not legal; that there is not need for sewers unless developments by large property owners and that old-time property owners should be given the most consideration; she spoke of those who would be making money from their property by developing. Further spoke of need to retain undeveloped area alongside for birds and raising animals. Dr. Bisson stated he was not a rich developer, had lived here for 55 years, 30 years of which was in tbe City, that he had always made his contribution to the City, was proud of the time be lived in the City, that the City has taken good care of bis needs for water; believed the City should be able to make its own deal; and spoke of receiving City police protection when had trouble in his area. Mrs. Marion Garland spoke in favor of annexation; quit using well water in 1965 because of fear of contamination; that the area is no longer rural and it belongs in the City. Mr. Lambert Schuyler stated that there has been no development along the one-half mile between city limits and Sulphur Springs in 70 years because of the drainage system and septic tank didn't exist; spoke of his difficulty in obtaining water through several wells, one of which gave good supply but became polluted. Sewage situation there is impossible; but people on top of the hill are quite satisfied. They have water and can use septic tanks; but he pays about $600.00 per year taxes and can't find anyone to whom he can sell because impossible to use the water. Mayor Jarstad spoke of Tracyton Blv4. being shown on comprehensive plan as scenic drive, and the City has tried to protect this area from beach development. Mrs. Copley asked if she could get her money back if water is shut off; that she had paid about $300.00. Mayor Jarstad stated this will have to be taken up by the City Attorney. Mrs. Copley also discussed the Mayor's activities in trying to obtain signatures, and Mayor discussed his responsibilities when inquiries are made to answering. Mr. B. J. Briggs of Cedar Grove area verified that Mayor Jarstad had been in several meetings but not as a salesman but for information; spoke of need for sewers in his area; said he felt the need was for sewers, also, for those living on lower elevations; that his insurance is about 1/3 more than when living on lltb Street and need police and fire protection; and that he didn't feel tile petition should fail because of 5% or 2% opposed. Barry Branch, 1605 E. 31st, Jointly owner of 13-acre tract in the Sheridan Heights area, spoke of gross inaccuracies of testimony given today by some; that he has owned property for 15 years and bas been burdened with taxes and has not had until recently opportunity to develop; spoke of the free enterprise system which should allow development; that hie development would be orderly and allow more people to enjoy tile benefits of the area; lack of water and lack of suitable disposal system has held back development; that his proposal would benefit other owners through orderly development. Stated that the area is in process of change and he and others will be paying for these changes. Mr. Pat Care~ discussed ecology and open space which should be set aside; stated a comprehensive plan should be laid before the public; that annexation is inevitable and when the homesteaders move off the bill, then areas should be set aside. Meeting Recessed until 2:00 P.M. this afternoon. Recessed meeting of the City Council of the City of Bremerton, Washington, was held 6n Wednesday, March 15, 1972, at 2:00 P.M., with Mayor Jarstad presiding. Also present were Commissioner Clark, Commissioner Schoneman, City Clerk Yeadon, City Attorney Walgren, and member of the press. Mayor Jarstad stated this was the time for hearing under the Shoreline Management Act, for two local Improvement districts, Shore Drive and Washington Avenue, directions, S.W. and N.E. Motion by Mayor Jarstad and Commissioner Schoneman that the hearing be held, carried unanimously. SHORELINE MANAGEMENT ACT tlEARING - Wask Narrows LID's Clerk stated the areas had been posted, newspaper bad carried the notice and be had mailed notices to property owners within 250 feet of the improvements proposed. Mayor Jarstad asked if there was any reason a single hearing could not be heard on the two LIDs and no objection was given. Mr. Plescher stated all preliminary work and documentation has been completed. The bearing is held to determine the impact of sewer lines on the habitat of the beach in relation to the type of construction. Mr. James Root, Asst. City Engineer, reviewed both LID 313 & LID 314, gave the areas to be im- proved and the type of improvements, i.e. sewer lines, pump station~ Clerk read objection of Glenn L. Vockrodt, 1409 Marlow, to the improvement, as to disturbance of tile shoreline; claimed the portion on the bluff along Washington has sufficient elevation to go directly into the existing pressure line and the existing pressure line on the east side could be converted to a low pressure line and thereby pickup all of the beach homes. Also gave locations ~bere he believed pumping line could be installed to be more economical. CITY COUNCIL MINUTES - MARCH 15~ 1972 (Continued) Mr. Root, in answer to Mr. Vockrodt's letter, stated to make these changes would impose on the property owners and a number of homes would not be sewered. Mr. Root read the Environmental Statement for both LIDs. ~r. Losee, 701 Shore Drive, asked questions about the improvement. Motion by Mayor Jarstad and Com~aissioner Schoneman to concur in the improvements and authorize ourselves a permit to be granted and that documents of findings be written up and transmitted to the proper authorities. Under discussion: Mr. Schoneman inquired about the route the application has yet to take and the time it will take. Mr. Root supplied data. Carried unanimously. SKIRVING REZONE Mayor stated the Con~aissioners had an opportunity to look at the area requested for rezone. Clerk then read opposition letter signed by Almeda Harris, Route 1, Box 1974-E, Bremerton. Commissioner Schoneman stated that from what was learned at the hearing and the intentional use of area, and the statements which were made that any construction, any type of buildings or installations will be covered by permits by the Building Department, that he had no fear this property will be handled properly under the zoning that has been requested; that this would encompass crusher and washing of rock, and excavation of rock, and rather than pin the rezone down to a covenant (which the City Council does not wish to do) he would move to approve the rezone. Motion by Commissioner Schoneman and Commissioner Clark that the rezone be granted. Com- missioner Clark discussed need for screening and Mr. Skirving pointed out that the Department of Ecology required him to leave 20 feet around his property; that most is in dense trees. Mr. Clark stated he had talked to Mrs. Harris about screening; and she-said Mr. Skirving had cleared right up to her line; however, Mr. Skirving pointed out that Just one small area had actually been cleared and that was by the gas company who cut a swath about ten years ago. Artificial screening or trees will have to be put in when it comes time for an improvement there. Motion carried unanimously. BID OPENING Naval Avenue Improvement U.A.B. Clerk opened the bids and read from: Select Contractors ................... $85,008.25 (Bid bond enclosed) George V. Nolte Inc .................. $90,797.11 ~ do ) North Kitsap Gravel .................. $76,086.50 ( do ) Motion by Commissioners Schoneman and Clark that the bids be referred to committee, including City Engineer, for tabulation and checking in order to make award at next week's meeting, carried unanimously. AIR BREATHING EQUIPMENT Clerk read the only bid from: Safety and Supply Company (Cashier's check for $50.00 enclosed); $8,344.00. Motion by Mayor Jarstad and Commissioner Clark to refer to the Fire Department, Purchasing Agent, and City Council for study and award at next Council meeting, carried unanimously. POLICE CARS Clerk opened the two bids received and read: Bennett Ford ......................... $21,091.71 Less trades .......................... 1~100.00 $20,308.96 Manager's Check enclosed Kluge Chevrolet ...................... $19,792.25 Less trades .......................... 2~00Q.00 $17,729.25 An additional trade-in allowance of $150.00 if car #75 is repaired. Certified Check enclosed Motion by Mayor Jarstad and Commissioner Clark to refer the bids to City Clerk, Police Depart- ment and City Council for evaluation and award at following Council meeting, carried unanimously. SIGN ROUTING MACHINE Clerk read bids as follows: Vanco (Cashier's Check $50.00 enclosed) ...... $1,521.23 Star Mach. Co. (no bid) Bremerton Sport Shop (Cagh. C~. enclosed) .... $1,511.44 Motion by Mayor Jarstad and Commissioner Clark that the bids be referred to committee of Park Supertendent, City Clerk, and City Council for evaluation and award at next meeting, carried unanimously. CITY COUNCIL MINUTES - MARCH 15~ 1972 (Continued) EASEMENTS Clerk read memo from Asst. City Engineer dated March 15, 1972, attaching two easements for LID 309, three for LID 312, four for LID 314. Motion by Commissioners Schoneman and Clark to accept the easements and refer to the City Attorney's Office for checking and filing. Commissioner Schoneman inquired how many easements needed on LID 314. Mr. Root answered approximately twelve. Mr. Schoneman stated he under- stood there was problem concerning descriptions and this could possibly hold up construction. Mr. Rood agreed. Carried unanimously. SHERIDAN IIEIGHTS ANNEXATION: Mayor Jarstad brought up for discussion Just where the City Council was in connection with the hearing. This was discussed for some time and followed by a motion. Motion by Commissioner Clark and ~tayor Jarstad that the City Council continue the hearing on the Sheridan Heights portion of the annexation until next Wednesday. After further discussions, the motion carried unanimously. RESOLUTION NO. 1530 Clerk read "A Resolution to petition federal legislation with regard to revenue sharing." Motion bv Commissioner Schoneman and Commissioner Clark to pass Resolution No. 1530, carried as follows: Mayor Jarstad - yes, Commissioner Clark - yes, Commissioner Schoneman - yes. BILL FOR ELECTRIC WIRING: Clerk presented two claims from Commercial Electric Company: One for $482.95, for installing 440 circuit to operate pumps at new station, 6th & Summitt; and one $130.61, for installing lighting in the pump station. The two bills tota~md $613.56. This is more than the original department estimate and is about $500.00 charter limit. Clerk stated that due to the fact that tbis was not known at the time the purchase order was written, and that this company does most of the electrical work and is most familiar with the equipment when it comes time to make repairs, suggested the City Council approve the payment. Motion by Commissioner Clark and Commissioner Schoneman to approve the bill for payment, carried unanimously. DEL GUZZI CONTRACT: Clerk stated he had received correspondence from Del Guzzi concerning the lien filed by Hurley Higgs. Motion by Commissioner Clark and Commissioner Schoneman to refer to City Attorney, carried unanimously. ORDINANCE NO. 3011~ CONDEMNATION Clerk read, "An Ordinance declaring the need for condemnation of a strip of land in and through certain real property for the purpose of constructing and installing a sanitary sewer pipe line and lift pump station; and declaring an emergency." Notion by Commissioners Scboneman and Clark to pass Ordinance No. 3011, carried as follows: Mav~r Jarstad - yes, Commissioner Clark - yes, Com~issioner Schoneman - yes. PROPOSED ORDINANCE - AMBULANCE Clerk read, "An Ordinance of the City of Bremerton, Washington, relating to the licensing and regulating of emergency medical service - Ambulances: Setting forth the duties of licensees including drivers and medical attendants; specifying required equipment and accessories; defining offenses and prescribing penalties and repealing any and all ordinances in conflict herewith. Motion by Commissioner Clark and Mayor Jarstad to approve the ordinance on first reading, carried as follows: Mayor Jarstad - yes, Commissioner Clark - yes, Commissioner Schoneman - yes. BILLS: Motion by Commissioner Clark and Mayor Jarstad to pay all bills that are approved by a majority of tbs Commission, carried unanimously. CHAIRS for City Council Room Commissioner Schonema, recommende~ new chairs for the podium; present chairs very old, hard, wooden, uncomfortable chairs. Motion by Commissioners Clark and Schoneman to authorize call for bids for suitable chairs for the City Council podium, carried unanimously. FISH REARING Commissioner Schoneman reported screens are in place at Gorst Creek Pump Station and ready to accept any fish Mentor Creek may bring to the city. Mayor Jars~ad passed out police and fire reports, stated 429 arrests by Police, 351 in traffic. Gave estimated fire loss: Building $390.00; Daffodil court will be in Bremerton shortly. Meetin~ adjourned at 4:23 P.M. ~. C. YE~N, SR., City Clerk