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HomeMy WebLinkAbout03/01/61 March 1, 1961 Regular meeting of the City Council of the City of Bremerton, Washington, was hel.~ at 10:00 1,clock A.M., Wednesday, March 1, 1961 in the Council Chambers with Mayor Domstad presiding. Present we~'e Commissioner' Clark, Commissioner Schoneman, City Clerk McGowan, City Attorney Holland, City Engineer Fortman and Water Super- intendent Humble. Also present were representatives of press and radio. Motion by Mr. Clark and Mr. Schoneman to approve minutes of regular meeting held February 23, 1961 as written, carried. Clerk recommended award o~' bid to B.A. Getschmann, Iow bidder, liability in- surance for year beginning March 1, 1961. Motion by ~[r. Clark and Mr. Domstad to award as z, eco~ended, carried. Clerk stated ~he coramittee met and studied the ~ds for brushpicking and it was their, recommendation to make the award to Robert S. Kanekkeberg and Gordon E. Smith. Motion by Mr. Schoneman and Mr. Oomstad to award the bid to thos people, car- ried. Clerk read letter to ~ayor Domstad dated February 28, 1961 from W.A. Bugge, Director of Highways, assuring that the Highway Cosm~ission will reviewthe request for an additional amount of money to complete the widening project from Facific to Washington, which is recognized as a much needed project. Clerk read letter dated Feb. 27, 1961 to Mayor Domstadfrom Clarence Ulrich, Jehovah's Witnesses Convention Chairman, in appreciation of cooperation and recep- tion accorded them in convention stay in Bremerton. March 1, 1961 (Cch't) Clerk read letter dated Feb. 24, 1961 to the City Council from Ro~ert F. Guy, Own- er Arrow Cab Co., requesting p rmission to change his cab colors from light green top and black bottom to light green, with appropriate lettering; approved by Chief Morken. Motion by Mr. Domstad and Mr. Schoneman to approve the re~ est, carried. Clerk read leoter dated Feb. 23, 1961 from Pat Nicholson, State Representative, which stated that last week he had discussed with Mr. McGowan the idea of an advisory ballot on ohe question of cross sound transportation improvement; that he had consult- ed with the office of the Attorney'General, and unless the Bremerton City Charter spec- ifically provides for it, the~.e is no state law empowering the city or the county to conduct such a ballot. Letter also suggested this idea might be useful in the future if cities and counties could be given such authority, as is the case i~ some of 'the other states. Mr. Clark stated our charter does not so provide and Mr. McGowan agreed and added he didn't think it is a good thing to use a ~allot for such purposes. City Attorney Holland~commented on a superior court decision which prohibite~ putting the matter of the Warren Avenue Bridge on the ballot and pointedout that the city charter provides for initiative and referendum. Clerk read a note writtem from Mr. Humble to Mr. Schoneman asking authorization to call for bids for furnishing of 100 3/4" corporation stops, 100 3/4" angle meter valves, 100 3/4" angle meter bends, 3000 lineal feet 3/4" Type K copper tubing, need- ed to replenish maintenance stocks now being drawn on for the replacement of old deter- ioriated galvanized services on 6th Street in anticipation of the new surfacing job. ~otion by Mr. Schoneman and Mr. Domstad to approve the bid call, carried. Clerk presented petition t~ annex certain described area at the west end of the navy yard arid including the navy yar~ itself, signed by Mrs. A.i~u~las, Carrie Doug- las, Charles B. Junyck, Harriet E. Junyck, Eartin Bugie andPirksyda M. Bugie. Motion by Mr. Clark that the petition be accepted and hearing date be set for March 15th'and the CityAttorney be instructed to prepare the necessary ordinance to enact at that time. Mr. Clark co~ented that he was ~ery pleased to see the co~m~en, of A~miral ~owner of the fhirteenth Naval District that he was all for the annexation unless restricted the operation; and '"r. Clark s~ated htis means he is all fo~~ the annexation as it does not affect the operation of the shipyard, that the Citj Attorney has already answered this question. Mr. Clark also stated that such ordinances as B & O, building permits etc., would not be effective in the navy ye[rd; that the goverr~ent has exclusive jur- isdic~ign and the only thing would be credit for heads in the yard on April 1st. s~o~ion ~conded by Mayor Domstad and carried. Mr. Clark co~ented further on the navy yard area annexation that theproperty has been checked with the engineer and it represents 100~ of the assessed valuation for general taxation of the property petitioned. Mr. Clark cal'ledattention to the fact that an area may be annexediven if divided by water, tideflats, etc., and that Port Orchard might ha~ been able to pass the same ordinance as the city is contem- plating. City Attorney Hollan~ said he did not believe a tract over 40 acres could be an- nexed ac a time by a 4tH class town, however, there is a bill in the present legisla- ture to permit a 4th class town to annex larger than 40 acres. ~ayor ~omstad commented that Admiral Towner knew about this lone before he got here and it had been worked out so that he was not against it. Mr. Clark stated that a notice should be sent to the admiral. Mr. Victor Setterlund, 323 N. Wycoff complained of property next to hisbeing infested with mountain beavers; that hi neighbor had cleaned off his lot some time ago and stated he would not do so again but was willing to give Mr. Setterlund per- mission to do so; that he was paying an exterminator to rid his property of this nui- sance but needed the p~operty cleaned off and taken c are of in order for his extermin- ation program to be effective; and Mr. Setterlund requested the City Council to require Mr. ~urley, the owner, to clean off his lot. After lengthy discussion of this problem it appeared that the~-e was not a fire hazard or health hazard there at the present time ~nd the city could not go on private property to do the owrk. ~'r. Setterlund advised that Jud~<e Danielson had informed him he could not win a court case against his neighbor in trying to fo,,ce him to clean up hM lot. Mr. Fortman stated he had advised Mr. Setterlund, after contacting the Health De- partment and the City Attorney, that these animals we~'e looked upon as predator and they did not come under the city's ordinance. ~r. Schoneman agreed to contact Mr. ~urley and have a conference and see' what c~n be worked out. City Attorney Holland read from a short prepared statement which stated that many people still rely on their local newspaper as a source of information on what transpires at the City Hall and also for an analysis, at times, ~ candidates for public office; that during a c~unpaign, the newspaper is under an obligation to its readers to report ~acts; and a candidate whorls being quoted by the newspaper is under an obligation to the readers of the newspaper to quote facts. This is expecially ~ue, the statement said, when the article indicates fy an inference that the newspaper is supporting this particular candidate. March 1, 1961 (eon't) Mr. Holland went on to sa~ that this stems from the newspaper issue of February 24th, that three signatures wo~ld bring lO,000 additional population near; however, Mr. Holland pointed out there is no possibility of obtaining this amount from annexa- tion and that he would think the Bremerton Sun would check into the ntmlber who might be annexed as theLe is no such amount. Mr. Holland stated that ~r. Lifvendahl had made an analysis, which information was available to anyone, that the annexation could accomodate about 1500 persons, and at the time of the analysis there were about 900 persons. Mr. Holland commented, also, that civilian workers in the yard could not be counted; also, he wasn,t sure about being able to get credit for the men on the navy base; but if this could be done, the city could only get credit for officers and men at time of certifying the population to the cmnsus bureau. Mr. Holland said he hadbeen told yesterday there would be two aircraft carriers and five other small ships during the year at the navy yard; that the businessman he talked te relies on this figure and the maL~ claims the maximum will be 5,500; also, that both carriers won't be here prior to April lst; that at present there are about 1500 people but most everyone knows 9ne-third of them are 'on furlough when a ship is in the navy yard; also, that he didn t know how many small ships a_~e presently in the yard. Mr. Holland stated that he felt the absolute maximum the 'city could credit for if got credit for the people on board the ships, would be about 2,000 people anO there may be a day when a full complement would be reached which would be 1,500 on the base. Mr. Hollan~i stated he thought it was very unfair that people think the city is going to get $130,O00 and that the city is going to be bigger than other cities because of the annexation, and that he thought it was an obligation of the newspaper people to check on facts. Nr. Holland, also discussed whether the navy yard could be annexed by petition to give an opinion that the c;ty could annex this type of area by peti- tion method; that this was not determined at the ~ime the letter was ~ritten by Mr. Lifvendahl. Commissioner Clark stated he was glad the City Attorney made these remarks now as propriety had kept him from discussing this matter previously; that palitlcal can- didates should be caref~l of the accuracy of news reports and thao he aa:reed lO0~. [~Ir. Clark stated the quotation of 10,000 was made by the mayor a~d that he did not make it; theft if the City Attorney would look back on the same day the mayor used the figure of lO,O00 that Mr. Clark had said a more accurate figure would bring in around .i)46,000 and that the mayor had said $130,000. Mr. Clark said on the question of political gimmicks that he bslieved the people are entitled to know of the hoaz played on them; that in the very beginning ~s he had stated beofre, when he made a courtesy call on the new editor of the Bremerton gun he commented to Mr. Clark the possibility of annexing the navy yard and from his telephone and his desk ~;~r. Clar!~ stated he had called Mr. Holland and he has chosen to conveniently forget it. Mr. Clark stated he received discouragement on the issue and he had asked the City Attor- ney to check into it but thenext thing that happened was when it came from Mr. Lifven- dahl, the planner, wbo had no reason from legal standpoint to look into the matter. 5~r. Clark also co~mented that last week the City Attorney had been q~oted as talking about this matte for over a year; that if "we" have been talkin~ about it, Mr. Clark asked who were the "we" referred to; that he did not know of a~yone who was ~iscussing it previously; and that iu was received as a novel idea. Mr. Clark stated that the City Attorney is the legal adviser of the entire City Council, the legal ad- viser of every officer and (}epartment head of the city and not the legal adviser of just the mayor. Mr. Clark stated that he is conwJstently hampered by, the fact that the city does not have an attorney and that if it was Mr. Holland's purpose to embarr- ass him that he hadn't embarrassed him to any extent. ~,~r. ~,'IcGowan co~mnented that he questioned the City Attorney,s comment about the petition vs. voting method of annexation because it was Mr. McGowan's impression that the voting method is only use. d when the petition method isn't acceptable; that if i ; was not possibla to come in under the 75% petition metaod, then go to the bal- lot. ~r. ~.,~cCowan also comented that the city can't get the people in the navy yard to vote on the issue anyway because they are not entitled t.~ vote; and ii' this method of annexing the navy yard works, it is the best way. Mr. Holland stated the~.e has been a problem down on Charleston Beach ~or a bout ~wo years that the City couldn't get legal d~criptions; that if they had msed vot- ing method b~:foi~e the navy yar would have been brought in by election. Mr. Holland stated all had a~j.reed on the election method before but h~dnot agreed on the petition method an~ that he believes the attorney general would now say the city could take the area i~! by petition, that this opinion is taken from inference in attorney gen- eral's lett~rs. (Note: Mr. Holland's statement tha~, all had agreed on the election method refers to members of the legal profession, such as the attorney general.) 5~r. Clar~c again stated the City Attorney has an obligation to tie whole council and ~ir. Holland stated he i~ives legal opinions asked by the mayor and furnishes him several copies which he may destroy ~f i~e chooses. r. Clark asked ~r. Holland if he remembered talking to him on the annexation to which ~r. Holland replied he did ~ot remember; that he talks to many people about many subjects and does not remembez, all of als contacts. Mr. Clarw said he would like to know why Mr. Lifvendahl was asked to Oring up the master. Mr. Holland answered he would be glad to answer in private office. Mr. Hollan¢~ stated that the reason he brought up the matter today was because the figure of 10,000 was offensive to him and other thinking people. 5ir. Clark said he won- dered why Mr. Holland was offended by the figure in the Bremerton Sun. March 1, 1961 (Con't) Discussion was held around the statement made by Mr. Holland that he didn't read the newspaper. This statement was later amended that he bunches the papers together and looks through a number at one time. Mr. Holland stated the inference was that Mr. Clark had stated it all the way through, as to the figures of populatiom and income. ~r. Dee Norton, Bremerton Sun Reporter, stated if Mr. Holland will check on the rural issue of the Bremerton Sun on January 18th he would find that the mayor had giv- en him a figure of $250,000; that on the second run of the newspapers, the figure was ~hecked and scaled down to $130,000; that the mayor had told him the figure of lO,O00 people. To this Mayor Domstad stated he did not claim 10,000 people and Mr. Norton claimed that he did. Motion by Mr. Domstad and Mr. Clark to pay all bills that are approved by a maj- ority of the Commissioners, carried. ~vlr. Clark stated the important thing Im this whole issue is that the navy yard is about to be annexed and this is not a one-man job. APPROVED: