HomeMy WebLinkAbout04/26/72 MINUTES OF THE CITY COUNCIL
APRIL 26, 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, April 26, 1972. Attending were:
Mayor Jarstad presid~g, Comissioner Clark, Comissioner Schoneman, City Clerk Yeadon, City
Attorney Walgren, Assistant City Attorney Kamps, Eddie Adams, and representative of the press.
Meeting opened with the Pledge of Allegiance, and Invocation by G. C. Yeadon, Sr.
MINUTES OF APRIL 19, 1972
The Minutes of April 19, 1972 , were read and approved as amended.
NOTICES OF EMPLOYMENT
Harold E. Rftchie, Engineering Aide I, $562.50, EEA-1, 4-24-72.
Motion by Commissioner Sehoneman and Mayor Jarstad to approve the employment, carried unanimously.
LICENSE APPLICATIONS - Taxicab Drivers
Eddle Leon Smoot, Taxicab Driver License, Approved by Chief of Police.
Milton E. Brown, Taxicab Driver License, Approved by Chief of Police.
Motion by ~yor Jar~tad and Com~issioner Clark to approve the license applications, carried unani-
mously.
CLAIMS FOR DAMAGES
Clerk presented Claim for Damages for Lavina R. Bell, in the sum of $1,399.30.
Clerk presented Claim for Damages for Pacific Northwest Bell Telephone Company in the sum of $51.10
These Claims to be referred to Insurance Company.
COUNCIL MEETING MINUTES - APRIL 26~ 1972 (Continued)
BID WAIVER - Fire Department (~mergency)
Clerk presented Bid Waiver in the amount of approximately $1,328 and stated there was an emergency
; which existed in the Main fire station and five thousand gallons of water per day was leaking
somewhere under the station; that it was necessary for corrective action to be taken immediately
because of the unknown consequences. The following firms were contacted for making a proposal:
Standard Plumbing, Service Plumbing, Avery Plumbing, Lent's Plumbing, and Brown Plumbing. Standard
Plumbing, Service Plumbing, and Avery Plumbing turned down the opportunity for bidding; Lent's
Plumbing bid $1410, and Brown Plumbing bid $1,328. Due to the emergency existing, Brown Plumbing
was ordered to re-route main water l~ne from new meter location to existing piping in boiler room.
Since two restrooms were not affected, Mr. Brown agreed to deduct from the price $128.00. Clerk
requested City Council waive the bid requirement and confirm the order which was given to Br~
P~umbing.
Motion by Mayor Jarstad and' Commissioner Clark to approve bid waiver and confirm the order given
to Brown Plumbing, carried unanimously.
CLAIM VOUCHER
Clerk ~resented Claim Voucher from Gerald D. Kohler for Court reporter services regarding the case
of F. J. Schade, Inc., vs. City of Bremerton at which time he provided the City with 27 page
opinion of Honorable Stanley W. Worswich in the total amount of $48.60; which has been reviewed
by the City Attorney's Office.
b~tton by Commissioner Schoneman and Commissioner Clark to approve for payment, carried unanimously.
CLAIM VOUCHER - PROPERTY (17th & Warren)
Clerk presented Claim Voucher from Jenks Beard, Realtors, for purchase of the Alden Lundberg
property--ME Corner of i7th Street and Warren Avenue; in the total amount of $7,193.68.
~otton by Mayor Jarstad and Commissioner Clark to approve the purchase of the property which has
been fairly appraised and needed for City's operation. Under discussion: Commissioner Clark
stated the City has previously a~proved and authorized ~rocedures toward the ~urchase of the pro-
~erty. ~yor Jarstad described the property and stated the City has contemplated utilizing it for
many years. Commissioner Schoneman stated this property was acquired prior to the plans being
drawn for the construction of the Warren Avenue Bridge and then it was determined that the land
was not necessary for the construction of the bridge and was sold back to the owner. Mr. Schoneman
also stated this land would increase the radius of a sharp corner o~ 17th & Warren, plus give the
proper access to Rotary Vista Park. Motion carried unanimously.
CLAIM VOUCHER - Kramer~ Chin~ & Ma~o
Clerk presented Claim Voucher to Kramer, Chin, & ~yo for professional engineering services under
Contract No. 1209, in the total amount of $5,067.81; which was questioned by Assistant Auditor be-
cause the contract e~timate was $2,000 to $3,000 compared to Invoice of Kramer,Chin and Mayo in the
sum of $5,067.81.
Motion by Commissioner Schoneman and Commissioner Clark to refer Claim to City Attorney's Office
for review to be returned to the Commissioners to study, carried unanimously.
CALL FOR BIDS - Sanitary Sewer Projects
Clerk read memo dated April 26, 1972, from City Engineer to Council requesting authorization to
call for bids on the following Sanitary Sewer Projects: LID #311 (Phinney Bay); LID #313 (Port
Washington Narrows, West Side); LID #314 (Port Washington Narrows (Shore Drive).
Motion by Commissioner Schoneman and Mayor Jaretad to approve call for bids on the three Sanitary
Sewer Projects. Under discussion: CommisSioner Schoneman stated that construction should be
taking place on the beach during the period low tide; and he hopes this will soon come about so the
entire installation can be constructed this spring and summer, possibly into the Fall. Motion
carried unanimously.
PAY FOR OFF-DUTY SCUBA ~RK
Clerk read memo dated April 17, 1972, from Fire Chief Holtine to Ed Weller, stating divers in
the Fire Department have decided to charge $10.00 per hour with a $20.00 minimum for off-duty
diving, and for divinR while on duty there will be no charge. According to this Drocedure the
amount of money due Ray Wiggs is $110, and the amount of money due 3im Wilson is $30, for off-
duty diving February 7th and 8th. Commissioner Schoneman stated that divers should be compen-
sated for this off-duty diving because they worked on their own time, had the proper training
and did a very proper Job; and also commented that $10.00 per hour is a very reasonable charge
and to purchase these services elsewhere would cost quite a bit more. Mr. Schoneman stated
that hopefully there would be no need to utilize this service, but in the case that it is needed,
he hopes the divers are available.
ll~[otion by Commissioner Schoneman and Mayor Jarstad to approve a Claim for the amount of money
due the divers, carried unanimously.
PROCLAmaTION - Armed Forces Observance
Clerk read Proclamation of Mayor proclaiming the week May 18 - 21, 1972, as Bremerton's 24th
annual "Armed Forces Observance" week.
PROCLAmaTION - Law Day USA
Clerk read proclamation of the ~yor proclaiming Monday, May 1, 1972, as "Law Day lISA".
PROCLAMATION - Youth Week
Clerk read proclamation of the Mayor proclaiming the week beginning ~y 1, 1972, as "Youth Week".
COUNCIL ~ETING MINUTES - APRIL 26, 1972 (Continued)
10:00 A.M. - OPEN MEETING
~rs. Sisk, 3306 Teak Place, complained of harassment from Realtors and neighbors in connection
with whether duplexes can be built on her property. Mr. Plescher stated the property was zoned
R-I, and she can build according to this zoning, in which duplexes are usually allowed. Commis-'
sioner Clark advised Mrs. Sisk that the City is not at all involved with this matter; however,
she could obtain additional information on what she can build in an R-t Zone from the Building
Department.
DECISION - SKIRVING REZONE (Kitsap Way)
b~yor Jarstad stated that the Council had studied the testimony and viewed the property on Kitsap
Way and were ready to make a decision on the Skirving Rezone.
Motion ~y Mayor Jarstad and Commissioner Clark that James E. Skirving Rezone on Kitsap Way be
denied. Under discussion: Commissioner Clark stated his main objection to the rezone was that
Mr. Skirving's request constituted a clear example of "spot zoning". Commissioner Schonaman
stated that Mr. Skirving's planned use for the property.(a real estate office) is an ideal use of
the property; however, due to the City of Bremerton's antiquated ordinances which allow many
uses within a portion of land that is zoned Commercial, and requiring covenants for protection
of adjacent homes, the request becomes a case of "spot zoning", and must be denied. Mayor Jarstad
concurred that this would be "spot zoning". Commissioner Schoneman suggested the City Council
look into adopting the former Planning Director's work on more diversificaton of the zones; and
stated the Planning Department should make a complete study of the use of the area. Motion
carried unanimously.
Motion by Mayor Jarstad and Commissioner Clark to hold hearing on the purchase of Municipal
Transit buses. ~yor Jarstad then recessed the meeting at 10:30 a.m.
Meeting.called to order at 10:35 a.m.
TRANSIT SYST~! HEARING
~ayor Jarstad stated this was the time and place set for the advertised bus hearing in connection
with City of Bremerton application for federal funds.
Testifying in behalf of the application were: Commissioner Clark; City Treasurer Shepard; Ben
Rust, Manager of the bus system; George Plescher, Planner; Mrs. Sisk, 3306 Teak Place, Bremerton;
City Attorney Walgren; and b~yor 3arstad.
Project, cost figures, and income sources were explained. The importance in the area of mainten-
ance, pollution, and ability to maintain scheduled routing were discussed. Equipment to be
purchased was explained as well as the routes which the buses serve.
The hearing was taken by the City Clerk to produce verbatim for attaching to the final application
The hearing was closed by the following motion.
Motion by Commissioner Clark and Mayor Jarstad to close the hearing and the record be transcribed
verbatim for submission with the application, carried unanimously.
11:00 - BID OPENINGS
Motion by Mayor 3arstad and Commissioner Clark to open bids as scheduled on the Agenda, carried
unanimously.
ROGERS STREET PIPE MATFRIAL:
Renton Concrete Products - Bid Bond Enclosed .......................................... $ 3,130.42
Associated Sand and Gravel, Inc., Everett - Bid Bond Enclosed ........................ 3,368.72
Bremerton Concrete Products - Certified Check Enclosed ............................... 3,110.00
PARKING METERS:
Traffic Appliance Corporation; Los Angeles, California ................................ ~ 2,150.50
Motion by Commissioner Clark and Commissioner Schoneman that bid be awarded to only bidder,
Traffic Appliance Corporation. Under discussion: Commissioner Clark stated these meters will
be placed on the West side of Park Avenue, in the parking lot, which has been ur~etered. Motion
carried unanimously.
CONCRETE WORK:
Commercial Builders of Bremerton, Inc., - Bid Bond Enclosed .......................... $ 4,194.75
Motion by Commissioner Clark and Commissioner Schoneman that bid be referred for study and award
at next Council Meeting, carried unanimously.
SURPLUS GENERATOR:
Hugh R. Walkup - Check Enclosed for $50 .............................................. $ 155.00
Motion by Mayor Jarstad and Commissioner Clark that this bid be studied for award at next
Council Meeting, carried unanimously.
LID 312 - SANITARY SEWER:
Select Contractors, Inc., Seattle - Bid Bond Enclosed .............................. $ 151,470.00
Marathon Equipment Compauy, Inc., Tacoma - Bid Bond Enclosed ....................... 116,600.50
Jack Thornburn, Inc., Seattle - Bid Bond Enclosed .................................. 160,542.00
Tonnesen Brothers Construction, Tacoma - Bid Bond Enclosed ......................... 88,766.30
O'Leary Construction Company, Inc., Bellevue - Bid Bond Enclosed ................... 161,309.00
Motion by Commissioner Schonsman and Mayor Jarstad that bids be referred to Engineering Depart-
ment for recommendation and award at next Council Meeting.
COUNCIL ~EETING MINUTES - APRIL 26, 1972 (Continued)
BID AWARD - ROGERS STREET MATERIAL
Motion by Commissioner Schoneman and Mayor Jarstad to award bid for Rogers Street pipe material
to Bremerton Concrete Products, low bidder, on the recommendation of the Engineering Office,
carried unanimously.
EASemENT AND CONVEYANCE OF WATE/~IN
Clerk presented Easement granted to the City by James H. Randle, Jr., for conveyance of watermain.
Motion By Commissioner Schoneman and Commissioner Clark to accept the Fmsement and refer to the
City Attorney's Office for checking as to form and recording properly, carried unanimously.
EAS~4ENT - SIDEWALK
Clerk presented Easement from State Mutual Savings Bank providing for sidewalk relocation at the
southeast corner of Sixth Street and Warren Avenue when the intersection is revised.
Motion by Commissioner Schoneman and Commissioner Clark to accept the sidewalk easement for review
by the City Attorney's Office and recording~properly, carried unanimously.
HEARING, DATES SET
RONALD R. ROSS: Clerk stated Planning Commission Resolution #227 recommended the rezone applied
for by Ronald R. Ross, and a hearing date should be set.
Motion by Commissioner Schoneman and Commissioner Clark to set hearing date May 17, 1972, at
10:00 a.m., carried unanimously.
LINDEN/JOHNSON: Clerk stated Planning Commission Resolution #226 recommended the rezone applied
for Linden/Johnson and a hearing date should be set.
Motion by Commissioner Schoneman and Commissioner Clark to set hearing date May 17, 1972, at
10:00 a.m., carried unanimously.
ORDINANCE - Richardson Rezone
Clerk read, first reading, AN ORDINANCE amending the use and area maps of Ordinance No. 1792.
Motion by Commissioner Schoneman and Cormmissioner Clark to approve the ordinance, carried as
follows: May or Jarstad - yes; Cvl,~,,isstoner Clark - yes; Commissioner Schoneman - yes.
ORDINANCE - Rule of Three
Clerk read, first reading, AN ORDINANCE providing for the Rule of Three in appointing all city
employees.
Motion by Commissioner Clark and b~yor Jarstad to approve the ordinance. Under discussion:
Commissioner Clark stated that the ordinance has been adjusted to refer to all City Employees
instead of Just uniformed personnel, which responds to the request of some of the uniformed per-
sonnel. Commissioner Clark stated that this adjustment is a clarification that this Rule of
Three applies likewise to all employees; that it has been recognized by all other departments
except Police and Fire Departments. The emergency clause was also stricken from the ordinance.
Commissioner Clark stated that this Rule of Three ordinance has no direct connection at all
with the pending "Wes Henry Case"; that the "Wes Henry Case" relates not to the question of the
Rule of Three, but to the question of whether an employee has a legitimate right to be heard on
a protest of an examination. He stated that the "Wes Henry Case" may have precipitated the study
of Civil Service Regulations, which had been necessary for same time, but has no direct connection
to the Rule of Three ordinance.
Commissioner Schoneman stated he would vote against the ordinance, not on the basis of its intent,
but because of the timing; not having seen the need for the Rule of Three since the adoption of
the Charter in 1942. Commissioner Schoneman stated the Ordinance should be delayed until the
pending issues have been resolved; that it was proven at the last meeting that this ordinance
was not of an emergency nature, and it does not have to be taken up at the present time.
Mayor Jarstad stated this ordinance has not been rushed; that it has been in the hands of both
Police O~tcers a~ Firefighters Associations for over four months.
City Attorney Walgren.stated this ordinance has been under consideration for some time and that
the Council has met with representatives of uniformed personnel of the City and indicated that
such an ordinance was under contemplation; and also stated that the Civil Service Commission was
aware that the Council has been considering the ordinance. City Attorney Walgren commented that
the ordinance would in no way affect the present litigation before the Civil Service Commission.
Cormuissioner Schoneman stated that the Rule of Three has never applied in hiring Department Heads
or Assistant Department Heads in his Departments; and examinations have never been given for
these positions. Mr. Schoneman stated that this has been an accepted policy and was also the ~
policy of his predecessors.
Commissioner Schoneman stated this ordinance was brought about because of a situation that had
been creating a problem in the Police Department.
Mayor Jarstad and Commissioner Clark assured him that this Ordinance has no connection with the
pending "Wes Henry Ca~e".
COUNCIL ~[EETING MINUTES - APRIL 26~ 1972 {Continued)
Commissioner Schoneman's opinion did not change, and he repeated that he was against the Ordinance
because of timing, not because of its intent; and he stated if timing wasn't at all connected with
the ordinance, he couldn't see why the ordinance was presented as an emergency ordinance.
City Attorney Walgren stated the emergency clause was included in the draft of the ordinance sub-
mitted to his office by Dr. Campbell.
Mayor Jarstad stated that if this ordinance does go into effect, ali Civil Service appointments
must be certified by the City Clerk in a letter form the Civil Service Examiner that steps out-
lined under our Civil Service laws and regulations have been followed.
Motion carried as follows: }~yor Jarstad - yes; Commiss~omer Clark - yes; Co~m~issioner Schoneman -
no ,
REPORTS
Commissioner Clark:
1. Reported on ridership of the amended bus routes.
2. Stated the City is not in a position to handle the school bus routes as suggested in recent
news media because school buses require special equipment and specific schedulinR and if the
City were to he involved it would require a substantial subsidy.
3. Second Street Dock has been in a deteriorated condition for some time and.the building ~s
vacated; suggested steps to be taken immediately to correct the condition which exists.
~tion by Commissioner Clark and Commissioner Schoneman that authorization be granted to call for
bids for demolition of Second Street Dock. Under discussion: Commissioner Clark suRgested
somebody might be interested in moving the building from its location and the plans for what is to
be there are not positive at this time; but whatever does go in there will have to be with the
consultation of the full Council. ~tion carried unanimously.
Commissioner Schoneman:
1. Spring Clean-up Week starts April 30 and ends May 7, 1972; and is to be handled by Brem Air
Disposal ~th cooperation of property owners. The City is not handling the project this year
because it has no disposal site. Due to being flooded with calls on the account of the City
handlin~ this last year, suggested that advertisement be run in the newspaper clarifying that
Brem Air is handling the project.
City Attorney Walgren:
1. Will be in Olympia tommorrow in connection with certain aspects of the City Transit System as
it relates to the Transportation Utilities Commission.
2. Meeting with Attorney General's Office with regard to the Civil Service matters.
~Iayor Jarstad:
1. Was in Seattle Monday working with Puget Sound Governmental Conference on an agenda for a
meetin~ to be held in Port Ludlow June 2nd and 3rd.
2. Spoke of fatality caused by a fire started by a cigarette and commented on the danger of this
ty~e of carelessness.
3. Gave a report of the Police Department and stated he is pleased that with the additional EEA
personnel the City is able to operate more strongly in the area of Drug Traffic. Spoke on the new
Drug Control Unit and cooperation existing with the County and City; reported that seven arrests
have been made in the past two weeks in the drug area. He also complimented County Prosecutor's
office and City Attorney's Office for their cooperation regarding the Drug Control Unit.
4. Retirement dinner to be held May 9, 1972, at the new City Golf Course Clubhouse which will
include unpaid members of Boards and Commissions.
5. Meeting scheduled with City and County Commissioners; Mayors and Councilmen of other County
towns regardin~ the use of 20% liquor profits and the dealing ~f alcoholism.
6. Discussed proposed ordinance and hours to be set for City Council Meeting so that the city's
ordinary business is conducted in conformance with the open meeting law. The City Attorney ex-
panded on this subject.
7. Welcomed 93rd Session of advance course in basic law enforcement which began Arpil 24, 1972, at
Olympic College.
8. Visited Armin Jahr Elementary School and spoke, using slides, of his visitation trip to Japan.
q. Spoke with ethnic class at Olympic College.
Ii10' Will be attending the regular monthly Law and Justice Committee Meeting in SeaTac.
MINUTES - APRIL 26~ 1072 (Continued)
COUNCIL
MEETING
11. Presented report for Parks and Recreation Department for the month of April which
reported on maintenance of parks and planting of trees preparing of playfields for summ
includinR the swimminR pool; and Senior Citizen multi-DurDose program and the activitie
of the Senior Citizens.
Gave Recreation Department report concerning various leagues which are either con-
cluding a year of activities or starting spring activities.
City Clerk:
1. Reported on meeting in Pasco and stated it was very beneficial and he appreciated
being able to go.
MeetinR adjourned at 12:22 P.M. APPROVED:
G J [~~'"~-~''~-' ~'~:'~'NI~'~i JmRSTm~yor~~
· .- C. !~ADON, SR., City Clerk