Loading...
HomeMy WebLinkAbout05/13/70 May 13, 1970 The regular meeting of the City Council of Bremerton was held in the Council Chambe~ s of City Ball at 10:00 A.M., D.S.T., Wednesday, May 1~, 1970, with Mayor Jarstad pre~ siding. Also attending were the following: Commissioner Clark, Co~maissioner Schoneman, City Clerk Yeadon, City Attorney Walgren, City Engineer Parker, Chief cfi Police Plouf, Chief Tillett, Mr. Soriano, and several interested parties in the Taxicab Ordinance, Rev. John Hupert, Free Methodist Church. The meeting was called to order at 10:00 A.M., by Mayor Jarstad and the Invocation was given by Rev. John Rupert, Free Methodist Church. Clerk read the minutes of the previous meeting and they were approved as amended. Clerk read the following NOTICES OF E~PLOYMENT: G^HY D. GAGNE, Water Supply (Golf Course), $2.28 per hour., May 7, 1970 effective date THOMAS W. MEAL, Parks & Recreation, $1.7S per hour, June 1, 1970 effective date TRACY REANIER, Parks & Recreation, ~1.78 per hr., June 1, 1970 effective date RUSSELL EARL CLODIUS, Parks & Recreation, $1.75 per hour, June 1, 1970 effective date. RONALD R. PHILLIPS, Parks & Recreation, $1,80 per hour, June 1, 1970 effective date JAMES ROBERT LANCE, Parks & Recreation, $1.78 per hour, June 1, 1970 effective date CLARK BLAIDS~.~., Parks and Recreation, $1.80 per hour, June 1, 1970 effective date GEORGE FREDRICK BROCK, Parks & Recreation, $1.80 per hour, June 1, 1970 effective date ANN MAUB~ McCART~ Parks & Recreation, $I~78 per hour, June 1, 1970 effective date BRUCE A. BOHLMANN, Parks & Recreation, $1.60 per hour, June 1, 1970 effective date MARY JANE FREDERICKS, Parks & Recreation, $2.00 per hour, May 1~, 1970 effective date JANET K. DROUIN, Treasurer~ $2.24 per hour, May 7, 1970 effective date Motion by Commissioner Clark and Commissioner Schoneman to approve, carried unani- mously. Clerk read the following reports of SEPARATIONS: BILL COLLINS, Water Supply (Golf Course), Extra Laborer BOB RETZLOFF, Water Supply (Golf Course), Extra Laborer Motion by Commissioner Schoneman and Mayor Jarstad tR approve, carried unanimously. Clerk read the following reports of CHANGE IN PAY STATUS: PATRICK TIMOTHY CAREY, Parks~& Recreation, ~1.7S to I.BO per hour, June 1, 1970 DONALD RAY ETTEN, Parks & Recreation~ $1.60 to 2.25 per hour, June 1, 1970 MICHAEL A. BELL, Street Department,~3.83 to 3.61 per hour, May 1, 1970 DARRELL B. FLOYD, Fire Department, $803.00 to $096.§0 plus 20.00, May 6, 197~ MARY DROUIN, Mayor's Office, $2.33 per hour, May 11, 1970 TERRY S. SAUNDERS, Water Supply (Golf Course), $2.2§ per hour, May 12, 1970 RICHARD J. VLIST, Water Supply (Golf Course), $2.2§ per hour, May ~, 1970 Motion by Commissioner Schoneman and Commissioner Clark to approve; under discussioz Commissioner Schoneman commented on Michael A. Bell's change of pay. Mr. Schoneman stated he has had an examination and the change is according to Civil Service Reg- ulations. Motion carried unanimously. Clerk read a PROCLAMATION for HEALTHY BABY W~K for May 10 - 16, 1970 to help pro- vide for and plan for services to aid the prevention of birth defects. Mayor Jar- stad commented on the medical profession and the good service that they are able to render these days. Mr. Jarstad also stated that is is probably one of the biggest concerns of a human being whether or not their baby is born without defects of any sort. Mayor Jarstad commented on his nephew and how thankful he was that these services are available and able to accomplish all they can today. Clerk read PROCLAMATION from NAVY NURSE CORPS DAY for May 13, 1970 proclaming the Sixty-second Anniversary of the Navy Nurse Corps. Clerk read MEMO dated May 13, 1970 requesting authorization to call for bids for oi~ and asphalt; the contracts on these particular articles are expiring soon and it is necessary to call for them again. n bY Commissioner Clark and Mayor Jarstad to approve request and grant author- , carried unanimously. !City Clerk read a LETTER from LE~VIS & REDFORD dated May 7, 19VO, to Mr. F. S. SchoneL man re: U.A.B. Project 8-2-152(4) c8885-1, Washington Avenue Burwell to 6th Street~ i Bremerton, Washington. The letter stated a copy of the' bid summary has been sent to i the Urban Arterial Board, with an updated estimate of total project costs; also, te- l commending upon approval from the U.A.B. Board, the contract be awarded to the 1Ow bi~der, Select Contractors, Inc. i City Clerk read a LETTER from HOWARD G~DAT dated May 12, 1970, re: Sanitary Sewers for Madrona Point. The letter recoms~ended the award of the bid for Madrona Point ~ Sewer Project be Schedule A to B & B Construction Corp., Sedro Willgy in the amount of $99,650.50 and Packard Construction., Longview in the amount of $107,470.00 plus sales tax. City Clerk Yeadon concurred with the recommendation. Motion by Commissioner Schoneman and Mayor Jarstad to award bids as recommended to ow~ Godat and the com~nittee; under discussion, Mr. Schoneman stated even though it was not the intent of the Council to reject bids three times, it worked out that the last bid submitted and awarded was lower than any bid received. Commissioner Schoneman stated the bidder that received the award is a very responsible company and it was quite a surprise to receive the low bid but also quite satisfactory. r,~otion carried unani~usly. City Clerk read a LETTER from Naval Ship Research and Development Center dated May 6~ 1970, to City Council re: Contracts covering the loan of Exhibition Ship models. Motion by Commissioner Clark and Commissioner Schoneman to authorize signature of Mayor to extend the lease; under discussion, Mayor Jarstad commented on the fine naval museum that we have available and urged anyone who has not seen it to do so. Motion carried unanimously. City Clerk read a LETTER from United States Department of Interior dated May 6, 1970~ to F. S. Schoneman regarding WPC-WN-265 (Kitsap Lake Interceptor Sewer Project), which confirmed verbal approval given previously to the City, in the award of bids to Schade Const. and Packard Const. Letter set forth procedures which are to be followed in connection with Part B of the Offer and Acceptance. Letter is on file in Clerk.ts Office. Mayor Jarstad requested the City Clerk to read a proposed ordinance concerning the operation of taxicabs, both owners and drivers. Mayor explained this ordinance was being read so that anyone concerned may offer suggestions for improvement before the ordinance is passed at a later City Council meeting. City Clerk read the proposed ordinance, "An Ordinance relating to and regulating the! 0 conveyance of passengers for hire in the~City of Bremerton, and repealing rdinances~ 670, 688, 770, 1232, 1631, 1661, 178~, Section 2 of 1657, 1474, 1733 and 1929, and any and all other ordinances and parts of ordinances in conflict herewith." While the proposed ordinance was being read there were several questions and comment~. These were recorded separately for the commissioners luther study. Questions were asked by Commissioner Clark, Lawrence Soriano, attorney for Merlin ~alker of Hoots 0wl Cab, A1 Showalter, and Cline LeVan of the Teamsters Union, who registered oppo- sition to the sizeable increase in both vehicle and driver fees. Mr. Soriano stated~ his client preferred non-metered cabs. I~layor Jarstad stated any further objections, suggestions or ideas on the prOposed ordinance will be appreciated and hope ~he ordinance will be readjfor passage at theil next City Council meeting. Mayor Jarstad recessed the meeting for five minutes to meet in executive session with the commissioners and city attorney concerning the taxicab applications. Mayor Jarstad stated the City Council had before them a taxicab license for Hoot's 0wl Taxi and for additional ~axicab license from Leslie Leaf, Arrow Cab, which lat- ter application has been under consideration by the City Council for several months;i~ that a thorough study has been made of the ordinance by the City Council under whichl~ the applications have been made. Mayor Jarstad commented on the reasons and purposes for the proposed ordinance. In order to get the matter on the floor for discussion the Mayor proposed the following motion: Motion by Mayor Jarstad and Commissioner Schoneman that one additional taxicab lic- ense be granted to Les. Leaf and one be granted to Hoot's Owl Taxicab Company. Dis- cussion followed: Mayor Jarstad asked the City Attorney for recommendation under the rules by which the City Council operates. City Attorney commented briefly on present Ordinance No. 1929 adopted in 1951, specifically with Section 4; that the ordinance has delegated in some measure to the Chief of Police the actual making of the determination and recommendation to the City Council on certain set criteria. This procedure differs materially from the proposed ordinance. City Attorney gave further remarks concerning Section 4; and stated that in both Mr. Walker's and Mr. Leaf's applications the Chief of Police has made a favorable recommendation. Mr. Walgren commented that upon his request he has reoeive~ a more detailed letter from Chief of Police setting forth basis for making his recommendation for Mr. Walker. Further stated that the City Council under Ordinance No. 1929 may either grant or deny the application for license or send it back to the Chief of Police for further investigation. Mr. Walgren advised that the City Council had three alternatives be- fore them and in his opinion to either deny or refer back to Chief of Police the City Council would have to have some basis on which to act. The fact that the Chiel of Police has made his recommendation, it seemed to the City Attorney that the Council has no alternative but to grant the application; that no benefits would com. to the City Council to refer back inasmuch as there was nothing further to investi- gate. Commissioner Clark expressed concern as t~ whether one of the cab owners who has ~ three licenses and another possible applicant are not trying to acquire licenses fo~ speculation, and not for need and necessity. Mr. Clark said it was his understand-H lng that the owner with three licenses is only operating two caba. M~. Clark ask- ~ ed if the Council could pass a resolution and suspend action on the applications fo~ two weeks until the new ordinance was put into effect, to which Mr. Wlagren advised the present applications must be processed under the present ordinance. Discussion was held as to persons acquiring licenses and not using them but holding them for speculation and Mr. Clark stated he wanted a provision to cover this situation in the new ordinance. Mr. S~honeman recommended lapsing of licenses not used, and surrender after a certain period. Michie King asked what determined whether there was need. for additional licenses at this thne to which Mayor Jarstad replied there was nothing in the present ordinance covering this point. There will be in the proposed ordinance. City Attorney read from the present ordinance the applicable section concerning Chief of Police in- vestigation of application. Question of Mr. King was concerning "need" and "nec- essity'' to which City Attorney stated was not in the present ordinance. Mr. King gave background of the cab business before he became o~uer and cited reasons for believing there was not a need for more cab licenses. Discussion was held on "rati, as set out in the present ordinance. Mr. King stated there were 80 cabs in 1951 and Mr. Parkhurst bought out licenses to straighten this out, and correct such thin as cruising. Mr. King stated he was opposed to issuing any more licenses; that Mr. Leaf has thr~ licenses with one cab dead and rtuns one unlicensed from Silverdale up and down cit streets, hauling passengers. Stated Mr. Leaf does not follow rates posted in City Hall. Mr. King stated that Mr. Leaf does not pay unemployment and introduced a Mr. Smith who d~ove for Arrow Cab for a year to verify this statement. Also, Mr. Leaf does not pay for compensation in event driver is injured, according to Mr. King. Michie King strongly objected to granting further licenses and finally threatened to take his cabs off the street if this happened and they will stay ther~ until impounded. Mr. King inferred that Mr. Walker and Mr. Cross had worked for him but no longer did because they had broken the rules in both dispatching and driving. Commissioner Clark stated he appreciated how Mr. King felt and that h~ would rather not issue any licenses until the new ordinance was in effect but this was not the case because had been advised by both the City Attorney and the applicant's attorne that the Council has a set of ground rules to follow. Mr. King criticized the City Clerk for issuing ambulance licenses to his competitor to which the City Clerk replied he followed the provisions of the ordinance. He criticized the police for allowing ambulances to run when unlicensed and uninsured. Mr. King recommended allowing one cab per 2,000 persons as a formula, and set rates which must be posted at so much per mile and per day. Mayor Jarstad called attention to the testimony given by Mr. King wherein there was a man present who was willing to sign an affidavit that one of the owners has been violating the ordinance. Mr. King charged that the two persons present (Mr. Walker and Mr. Cross) had been vtolatin~ the ordinance by coming into the city without a license under the name of Hoot's Cab, picking up and dropping off passengers within the city. Mr. King charg. ed that the Hoot's Cab was based at 41~ So. Yantic at Mr. Leaf's address. Mr. King also charged that Mr. Walker had come into~ his cab office on a Sunday afte noon packing a loaded .22 in his pocket because he was mad at him for enforcing a set of rules; that Mr. Cross had called him to come down because he alleged that Mr Walker was drunk and had the loaded pistol in his pocket which Mr. King stated he took from him. He stated he had put the gun in his drawer but didn't call the poll After Herb Conners had taken Mr. Walker away he came back and stated, according to Mr. King, that he had a loaded .38 in his glove box. Under questioning, Mr. King stated he hadn't seen the .38, and Mr. Walker denied the allegation. Mayor Jarstad stated that the Police Department should take into consideration the charges that have been made with the gentleman who purportedly has been driving, to substantiate these charges. Mayor stated further that in the light of that he woul at this time withdraw his motion on the granting to both companies until the Co~uucf can come to a better conclusion. Further, Mayor made the recommendation on the Hoot's Owl Cab Co. that we defer this until further study, which is one of the thre ways the Council can go. Mr. Garbino discussed the background of cab business as far back as the World War I and mentioned that a former Silverdale Cab and Ambulance Company was allowed to pick up in Bremerton and go to Silverdale as far as the cab owners were concerned but that the Police Department stopped this practice. He spoke against the pro- posed rates and spoke in favor of the company he works for which is Mr. King!s. Mr. Larry Soriano, Attorney for Mr. Walker, pointed out that Mr. Walker's applicatio~ should not be denied contingent upon what happens to other applications before the City Council and that any violation of the ordinance by another company should not be held against Mr. Walker. Mr. Vern Parkhurst spoke of the background of his former ownership of Red Top Cab and what he had done to upgrade wages and other working conditions and benefits. Mayor Jarstad stated that following this meeting he would like to have the Police Department investigate charges levelled against ~r. Leaf on improper use of a license of the City of Bremerton, that may deny any additional licenses and could actually result in suspension of those held. Also, investigation of charges to see if sub- stantial witnesses can be found to substantiate charges of loaded revolver in a public place. Mr. Schonemau withdrew his second to the motion made by Mayor Jarstad. Motion was made by Mayor Jarstad and Commissioner Clark to instruct the Police De- partment to check out charges that have been made hereabout improper use of licenses by Mr. Leaf that may deny additional licenses and, also, the recommendation of action to the City Council on licenses he now holds; and refer Mr. Walker's application back for further action; also, allegation that one of the applicants before the Council who has been charged here publicly with concealed weapon in a public business and if charges can be substantiated, will take up before the Counci$. Discussion followed: Mr. Soriano spoke for Hoot's Cab Co. and strongly urged the Council not to take note of the allegations concerning Mr. Walker but to take action on his application today. He stated his client has refrained from znmning into the city for two weeks but being put in position of doing that again. He stated further that~ his client has met all provisions of the present ordinance and the Council's decis- ion is limited and that the City is subject to court action if does not grant the application and he didn't want to take that action. Also, suggested the cabs which are presently operating in violation of the ordinance should be removed; that there are approximately sixteen cabs violating the ordinance. Asked that the motion be stopped and grant license to Hoot's 0wl. Mr. Walgren stated that his prior advice was correct but that now the Council has had these factors brought before it, that it was correct procedure to refer back to the Chief of Police. Mr. Soriano asked for a time limit and Mr. Jarstad stated would be in position hope- fully before next Council meeting and that the City Council, hopefully, was going to adopt the new ordinance at the next meeting. Mr. Schoneman discussed the applications and wondered how the City Council could veer away from approval at this time; that these allegations throw a doubt in every- one's mind and Mr. Schoneman stated he believed the license should be issued con- tingent upon Chief of Police's investigation that everything is in the clear, as pointed out by Mr. Soriano. Mr. Clark stated he wasn't sure there was a great deal of difference between the two approaches; that the Council does not know if the charges are founded or unfound- ed; that there is a question raised and the legitimacy could be brought to the next Council meeting and action could be taken by the Council. The question was called on the Motion with the following results: Mayor Jarstad, Yes; Conznissioner Clark, Yes; Commissioner Schoneman, No. The Chief of Police walked up to Mr. King and asked him if he was willing to sign an allegation and Mr. King said he was if that was necessary. City Attorney then ad- vised that the purpose for the motion was to come forward with information for the City Coun~l and not for the purpose of criminal charges. Mr. King stated he was not interested in criminal charges but Just didn't feel he should be driving for a company in Bremerton. City Attorney read Ordinance No. 2886, "An Ordinance relating to the control and eradication of Lasiocampidae (caterpillars) and providing for methods of recovery of costs for eradication of Lasiocampidae (caterpillars) by the City of Bremerton or its designated agents; and declaring an emergency." Motion by Mr. Schoneman and Mr. Jarstad to pass Ordinance No. 2886, carried as fol- lows: Mr. Jastad, Yes; Mr. Clark, Yes; Mr. Schoneman, Yes. Mayor Jarstad Left at 12:80 P.M. to catch a Seattle Ferry. Commissioner Clark then presided as Mayor Pro-rem. Mr. Greg Brown, President of Bremerton Police Officers Association, asked the City Council if they would approve payroll deduction for Kitsap Physicians Service fees for dependents of the police and fire departments. Mr. Brown explained that their contract was separate from the city K.P.~ contract and the city is in.no way involved Mr. Schoneman and Mr. Clark discussed this request and then agreed this would be satisfactory. City Clerk read a MEMO to the City Council dated April 22, 1970, from Chief Tillet stating there is to be a Fire Command & Administration Program this fall and about 28 men will be attending at their own expense. Fire Chief Tillett explained the new p~ogram and stated the Fort Steilacoom Co~maunity Collegewas supplying the pro- gram and the college would like the approval of the City Council. Fire Chief Til- lett stated Mayor Jarstad was aware of this request and program. Motion by Mr. Schoneman and Mr. Clark to concur with the Fire Department in this new program. Under discussion: Mr. Schoneman stated the department should be com- mended in taking this course and especially on their own and suggested expenses should be considered in the coming budget year. Mr. Clark mentioned that the city is not supporting the police personnel at Olympic College, financially; and further co~nented that it is a credit to the department for upgrading thief personnel. Motion carried unanimously. City Cler~ reported that the alley vacation submitted via the Planning Commission from Ray Creelman and for which petition the City Council passed a resolution last week setting the hearing date has an incorrect description. The ~etition and Plan- ning Commission alley legal description faf.erred to ~irst Street ;and the city maps show the street to be named "Front Street". City Attorney Walgren recommended that the matter be referred back to the Planning Commission due to the incorrect description, which is apparently an unintentional mistake. Motion by Mr. Clark and Mr. Schoneman to refer back to the Planning Commission to check and put in proper order, carried. City Clerk read Resolution No. 1459, a resolution authorizing the filing of an ap- plication with the Public Health Service for a grant under the Federal Water Pol- lution Control Act; and authorizing Mayor Glenn K. Jarstad to siEn on behalf of the City of Bremerton; and to furnish such information as is required by the various governmental authorities. ~otion by Mr. Clark and Mr. Schoneman to pass Resolution No. 1459, carried unani- mously. City Clerk read a MEMO from City Engineer to City Clerk which stated that a draft- ing chair #J 7-104 is broken and should he-declared surplus for disposal. Motion by Mr. Cla~k and Mr. Schoneman to declare the broken chair surplus and to be disposed of, carried unanimously. City Clerk read a LETTER dated May ?, 1970, to the Ma~or and Commissioners from the Water Pollution Control Commission commenting on the Predesign Report on Modifica- tions to the Existing City of Bremerton Sewage Treatment Plants, a report of Kramer Chin ~ Mayo. Letter stated that in order to improve water quality in Sinclair and Dyes Inlets there would have to be more improvements made than Just deeper outfall and chlorination, and that would be in the construction of additional treatment capacity. The Pollution Control Commission requested a response from the City with regard to time schedules for conducting the required treatment plant expansion and location study by May 22, 1970. Commissioner Schoneman commented that the city has followed everything the commission has asked to be done and now they have o~her thoughts coming into the picture; and there is a meeting on May 21 in Bremerton and hopefully all members of the City Council may attend. City Clerk stated that the Council held a hearing on March ll, 1970, for an amend- ment to the zonin~ ordinance, No. 1792~ recommended by Planning Commission Resolu- tion No. 184, and approved by the City Council at that time; however, before pas- sing the necessary ordinance the City Council has asked for further clarification as to the intent of th~ proposed amendment. Mr. Plescher, who was present, had tendered sketches showing the present ordinance provision and the proposed provis- ion. Briefly, as the ordinance is now written, a person owning a parcel of land in single ownership at the time of the adoption of the zoning ordinance, which is divided by a zoning boundary, can use the entire property for the lesser restricted use. For example: When a part of a parcel is zoned residential and a part is zon- ed commercial as show~ in the sketch, the entire parcel can be used for commercial use into the res~dential area to 38 feet. Questions were answered by Mr. Plescher. Acting Mayor Clark then asked the City Clerk to rea~ proposed ordinance. City Clerk read the ordinance, first reading, "An Ordinance amending Chapter VI, Sec. 702, of Ordinance No. 1792." Motion by Mr. Schoneman and Mr. Clark to approve the ordinance on first reading, carried unanimously. Fire Chief Tillett asked for Council approval for call for bids for several items: Pump, smoke ejector, brass connectors, gated Wye, tarps, nozzles, and a 6-way Siamese to ladder pipe w/6 female inlets. MotiOn by Mr. Clark and Mr. Schoneman to approve the call for bids, carried unani- Mr. Schoneman congratulated Tony Balazic on his promotion to Assistant Fire Chief and also, Darrell Floyd on his promotion to Battalion Chief. Mr. Clark and Mr. Yeadon Joined in these congratulations. Motion by Mr. Clark and Mr. Schoneman to pay all bills that are approved by a majority of the commissioners, carried unanimeusly. Acting Mayor Clark appointed Attorney James Munro and Attorney Philltp Best as Judges pro-tem to the Municipal Court. He commented that this was recommended by Mayor Jarstad. Meeting adjourned at 1:35 P.M. G. C. Yea,d/c~; Sr. Cit~ Clerk '