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HomeMy WebLinkAbout11/04/70 November 4~ 1970 ~The regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council IChambers, City Hall, at 9:00 A. M., PST, Wednesday, November 4, 1970. ~Attending were: Co~nissioner iClark, Mayor pro rem (presiding), Commissioner Schoneman, City Clerk Yeadon, Assistant City Attorney Sexton, Mr. Eddie Adams, and representative of Press. Mayor Jarstad had been unavoidably detained by an automobile failure and did .not attend. Meeting opened with Pledge of Allegiance, and Invocation by Rev. M. W. Nesse, Pastor of Our Saviour's Lutheran Church. Minutes of the last regular meeting, held October 28, 1970, were read and approved as amended. (Amendment pertained to figure of $662.25 indicated as bid of Trt-County Business Equipment on Elec- tronic Printing Calculator for Clerk's office. City Clerk explained that he had talked to the Audito , and a representative of Tri-County, and confirmed that their unit price as shown on bid was correct ($945.00), which with Sales Tax shown ($47.25) and allowance of $300 on old machine, actually figured as $692.25 grand total--still the lowest bid.) (Clerk added that we do have money in the budget.) SEPARATIONS Steven S. Voyce - Firefighter 1st Year - effective November 9, 1970 Motion by Commissioner Schoneman and Commissioner Clark to approve, carried unanimously. EMPLOYMENTS Terry Lee Beedle - Ftrefighter 1st Year - $654.50 - effective November 3, 1970 Motion by Commissioner Clark and Commissioner Schoneman to approve, carried unanimously. CLAIM FOR DAMAGES Clerk presented claim of Fred 3. Braun, 3r., Route 3, Box 564, Poulsbo, Washington, in the amount of $23.13 for damage to automobile when striking a hole in the street at intersection of Kitsap Way and Lyle. Matter referred to insurance company. DECLARATION OF SURPLUS Clerk read memo from Sgt. Charles S. Allen to Chief of Police requesting that present 3M Photocopier be declared surplus as it wil~ no longer meet demands of their office. Motion by Commissioner Schonema~ and Commissioner Clark to approve declaration of surplus, carried ~ously. APPLICATION FOR OUTSIDE UTILITY t Clerk presented application for outside utility agreement by West Side Baptist Church, 701 S. Charlott~ Motion by Commissioner Schoneman'and Commissioner Clark to approve Application and Agreement for out- side connection of sewer, carried unanimously. Commissioner Schoneman commented that the location would allow a connection to our new Kttsap Lake sewer. November 4~ 1970 (Cont'd.) STREET VACATION - Crawford-Marler Clerk read letter of October 27, 1970 from Planning Director advising that the Planning Commission, after duly notified public hearing, recommended approval of the vacation of a.strip of right-of-way on Kitsap Way 20 feet wide, along the west side of the Crawford~Marler property; attached to letter was copy of minutes of all meetings at which this vacation was considered, as well as staff review. Motion by Commissioner Schoneman and Commissioner Clark that hearings be set for December 9~ carrle~ unanimously. * Changed to December 17 8:00 P. M. (see minutes of meeting 11/12). REZONE - POTTER (for Chrey) Clerk read (2nd reading) Ordinance amending the use and area maps of Ordinance No. 1792, to reclassJ from Residential-Two to Business-Three, property in Block 4, Second Addition to Sheridan Park, whic~ had been approved on first reading October 28, 1970. Motion by Commissioner Schoneman and Commissioner Clark to pass Ordinance (#2920) on second reading, carried unanimously. REZONE - MARTIN (for Burns~ Hinrichs et al) Clerk read (2nd reading) Ordinance amending the use and area maps of Ordinance No. 1792, to reclassJ from Residential-One to Residential-Two parcel 14, block 7, 4th Addition to Sheridan Park, which ha~ been approved on first reading. Motion by Commissioner Schoneman and Commissioner Clark for passage Of Ordinance (No. 2921), carrie~ unanimously. REZONE - CURTIS BAY (Void, see minutes 11/12) Clerk read (2nd reading) Ordinance amending the use and area maps of Ordinance No. 1792, to reclassJ from Residential-One to Business-Two property located at 4412 Kitsap Way. Motion by Commissioner Clark and Commissioner Schoneman for passage of Ordinance (No. 2922), carrie~ unanimously. L.E.F.F. COVERAGE Commissioner Clark suggested postponement of action on this matter until Mayor Jarstad could be in attendance and commented that the coverage offered through the Association of Washington Cities was needed to meet the requirements of law. Mr. Stone again declined to comment. 9:45 A. M. Meeting recessed to await a member of the City Attorney's office. 9:58 A. M. Meeting called to order, with Mr. Gary Sexton from Attorney's office in attendance. TAXICAB HEARING-MERLIN WALKER Chairman announced it was the time and place for continued hearing on taxicab license application of Mr. Walker and Hoot's Owl Cab Company. Clerk read a letter supporting Mr. Walker's application and presented a petition in support of Mr. Walker's application signed by 172 people--some outside of the city. Clerk stated that the Dept. of Labor & Industries advised that Merlin Walker does not have anybody on State coverage and is operating in default. Commissioner Clark stated there was apparent minunderstanding regarding the intent of Council in asking for testimony from competitors; that the intent was to get the full picture as to "public need and necessity" under the criteria of the ordinance; that Council is not leaving the question up to ¢~mpetltors--which would not be the proper thing to do. Chairman then asked for testimony on behalf of the applicant. Mr. Walker stated he Just wanted to say what he had said before: We are in a volume bind and havim problems with costs. Sometimes have to get the car off the street (for minor repairs, etc.) or it goes out of town--and then lose customer calls. The people who signed the petition believe it is necessary to have it. In answer to questions by Mr. Sexton, Mr. Walker stated: The public has a right to ride in a cab of their choice; it would not be ruinous competition; that the additional service cannot be rendered equally by the existing cab companies as people are asking him to serve them. As far as wages are concerned, the drivers will be under union contract. Mr. Lawrence E. $oriano appeared as attorney for Mr. Walker. He stated the matter should have been voted on at the previous meeting at which Mr. Walker had appeared; that there was no objection at that time; that the Mayor had no business speaking against the matter and acting in a Judicial manner. The City Council is acting as legislator, executive and judge. Those opposed had right to come to open hearing. The Mayor took the position he was going out on his own to contact people-- other business, to show what the need was; he was becoming a party to this and should have disquali~ fied himself. Mr. Soriano stated he challenged the Mayor's right to sit on the Council on this matter and has disqualified himself. November 4, 1970 (Cont'd.) ii Commissioner Clark commented it ia the purpose of the Council to continue for proper information; Ii what was missing (and this is the criteria controlling Council) is the "public use and necessity", --Ii on which there was not sufficient information given. Mr. Soriano continued. Many people were choosing Walker's cab and he couldn't handle all the calls, forcing them to go somewhere else. If something happens to his cab on a Friday night, it is laid up over the weekend. Mr. Sortano also questioned the propriety of certain requirements of the ordi- nance, and added that Mr. Walker would be opening up more Jobs. We are still under a free enterprtseli system...and you should be allowed an additional cab on the merits and not on a fight between cab companies. One company apparently had 17 cabs and 18 licenses, and uses 13 or 14 cabs; why are they allowed to keep surplus licenses? if Council finds there is not enough business for Walker's license then they should rescind some of the others' The Mayor brought out information apparently only he had; apparently had his mind made up there are too many licenses; and if that is the case, extra licenses should be brought in. Chairman Clark invited others to testify. Mr. John Paul Jones III, a student of Economics at Olympic College, spoke to the effect that the public need is best expressed by the free flow of supply and demand of the economy; that the additional Jobs would be most welcome. Cormnissioner Clark explained that one of the dilemmas of such matters is the fact the operation of taxicabs is unique; most businesses operate off the street while they use public areas. Council has the problem of fitting the two extremes together. Ardith Phelps of 921 Ash Place stated she knew nothing of the principles involved, but when it comes to taxicab she felt she could judge whether she wanted right to use this man or his equipment; felt it should be an open operation. She added that every time she read about Mr. King and the Council it sounded like a pay-off; if you have to have competition in ambulances but not taxis--it Just seems opposite. Chairman spoke to the implication of favoritism and stated he was convinced beyond doubt that there is no one with more integrity than Mayor Jarstad; that the matter has to be decided on the basis of public need and necessity. There may be some room for argument on certain parts of the ordinance, but pointed out that that should not be considered today. Mr. Leonard Kruse spoke for Michlo Corp., operators of King Taxi. He referred to the ordinance as a licensing ordinance, not intended to give everyone the right to operate a taxicab; that there are numerous individuals who might want licenses for additional vehicles; there are periods of time (weekend or during bad weather) when there are too few cabs to serve public needs. He referred to the provisions of the ordinance which determine number of cab licenses to be issued in the City of Bremerton and claimed there was provision for temporary substitution of cab in the event one is dis- abled or laid up; that if there were no licensing ordinance it would create chaos. .He referred to the increased burdens of transportation systems; that Mr. King attempted to hire full-time employees and to train them as drivers and for emergency situations; that Mr. King has undergone negotiations with the Union, which has determined no increase.in competition is warranted. Mr. King has had to supplement the regular income of his drivers to meet union requirements. This ordinance has nothing to do with the number of licenses held by King--who now holds 17; his'investment in the business is $130,000. The national aspect of taxicab operation has come to the attention of Congress concerning minimum wage laws. Ordinarily, service industries do not come within wage laws as employees received tips and worked on a mileage basis; this is not going to be true any more. It is necessary for cab companies to comply with rules and regulations of Department of Labor and Industries of this state. Present understanding is that Mr. Walker has not made application with Department of Industries in connection with his operation, and that is required under terms of the'ordinance. It behooves Counci[ to determine how many cabs are on the streets of~Bremerton and decide whether public convenience and necessity can be complied with by additional permits.: Feel that increased licenses should be granted when specific public need is demonstrated rather than the need of a particular company under extreme circumstances when can't fill calls at the particular moment; there is~a correlation with the need of the citizens of Bremerton. Many co~ents are not applicable; "Fair Trade" and "Laissez~faire'' have very little significance when it comes to licensing regulations having other elements of public need. The question is whether present conditions of public need can be met, and he feels it is being met and there is no justification under ordinance to issue additional license. Assistant Attorney Sexton asked Mr. Kruse whether there was the danger of ruinous competition. His reply, in brief, was that this is a marginal business; drivers are not generally making their minimum at this point; this trend started latter part of August and first part of September this year; Mr. King tries to have full-time drivers and give them permanency of employment. )iscussion followed regarding operating costs. ~ommissioner Schoneman stated he would repeat what he stated two weeks ago; If Mr. Walker feels he :an invest in a new cab, go to the expense of placing a meter in it, carry the necessary insurance ~nd comply with requisites of the ordinance, he would make a motion: {otion by Commissioner Schoneman that, based on the information before Council, petitions, verbal :esttmony, etc., Mr. Walker be granted an additional license. Motion was not seconded. November 4, 1970 (Cont'd.) Commissioner Clark moved that the matter be continued at the next Council meeting when the Mayor would be present. Commissioner Schoneman commented that the matter had been put off for t~o weeks at the Council meeting two weeks ago and we now have.the same situation; .that he felt enough people had expressed themselves and the Council could follow through; however, he felt the Mayor should be here to answer for himself. Mr. Schoneman therefore seconded the motion by Mayor Clark that the matter be continued at the next Council meeting. Motion carried. Mr. Soriano stated he was going to challenge the Mayor; that he (the Mayor) has indicated he is not in a position to be objective and should disqualify himself; that we are not going to have more than two votes. Commissioner Clark replied that is your opinion; I don't b~lieve the MaYgr is biased; I would wish decision to be made in his presence. Motion by Co,missioner Schoneman and Commissioner Clark that hearing be closed and decision rendered at next Council meeting, Thursday, November 12, carried. Commissioner Clark commented that the information submitted was appreciated as well as the manner in which it was presented, and that ther will be a decision at the next meeting without further testimony. BIDS Clerk announced it was the time and place for opening bids on 3/4 Ton truck. Motion by Commissioner Schoneman and Commissioner Clark that bids be opened, carried. Clerk read bids on 3/4-ton pickup truck for the Water Department, as follows: (figures include State Sales Tax) BENNETT FORD, Inc. - $4,005.52 KLUGE CHEVROLET - $3,888.69 JIM TRAVELLER MOTORS, INC. - $3,895.50 HASELWOOD BUICK-PONTIAC, INC. - $3,829.23 CRAWFORD MOTORS, INC. - $3,778.30 Motion by Commissioner Schoneman and Commissioner Clark that bids be referred, to proper committee for study, carried unanimously. GENERAL REPORTS Commissioner Schoneman expressed congratulations to winners in recent elections as well as to those candidates who, although not winning, made a good showing on their first time. Suggested Mr. Sexton and all other candidates have signs down by Saturday evening. Reported Casad Dam repairs completed and commended Allan Construction for an exceptionally f~me Job; in addition to repairing broken bracket, had them do some other work we could not do ourselves. This type of breakdown could not happen again. High Avenue is completed and we have another four'lane roadway to add to our new system of roads. Pine Road sewer passed half-way mark. On Washington Ave. land acquisition, there is one holdout. Motion by Commissioner Schoneman and Commissioner Clark that bid calls be authorized for reconstruc- tion of Washington Avenue between 6th and 9th, carried. Commissioner Schoneman commented that the plans and specifications will be ready November 12 and it would appear we could have bid opening December 2nd. The roadway will not be torn up prior to Christmas. Budgets have been prepared for preliminary study and it is a matter of getting together. Referring to the recent deaths by fire in a dancehall in France, Commissioner Schoneman stated he went out to review the Square Dance building on City property at Gorst and we have had Building Inspector and Fire Inspector out there. There will be a number of recommendations and this will be the safest squaredance hall in the State. Commissioner Schoneman commented that the County has engaged Redford Engineers in connection with the K/Werner interchange project and wants City to approve using same f~rm for. that portion of project within the City, so that they could go ahead with plans and specifications of location of new connection. Motion by Commissioner Schoneman and Commissioner Clark that Redford be authorized to proceed for the City with plans and specifications for the location of the new connection, carried unanimously. Commissioner Clark Motion by Commissioner Clark and Commissioner Schoneman to pay all bills that have been approved by a majority of the Council, carried unanimously. Remarked that PIONEER MASONRY RESTORATION COMPANY, who have completed work in rear of building, called attention to conditions of west wall; it has never been treated and. some leakage occurs back in the Detectives' area. They have recommended thim be repaired and coated. They propose also to clean terra cotta in front and caulk the perimeter of the windows in front. Total estimated cost is $2,505.00, which would still make total cost of repairs, including the work done on the west wall, lower than the second bidder on the original Job. November 4, 1970 (cont.) Motion by Comissioner Clark and Commissioner Schoneman that the repairs be made as outlined in letter of October 22, 1970, from PIONEER MASONRY RESTORATION CO. Under discussion, Com~nissioner Schoneman comented that he had contacted the power company regarding poles close to the build- ing which are causing damage to the building, and they will make adjustment. Motion carried unanimously. Commissioner Clark also offered congratulations to winners in the recent elections, as well as to the losers--who contributed to the election process. Added that Mr. Sexton had made a rather phenomenal showing for the first time around. Meeting adjourned at 11:55 A.M. ~ APPROVED: Glenn K. Jarst d~L~ayor 'G. C~eadon, St:; City Clerk