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HomeMy WebLinkAbout07/20/1971 .,"'\ \ 8 I I 8 I 8 I I 8 . - 331 MINUT,ES OF ,TfIE REGULAR SESSION OF JULY 6, 1971, CONTINUED ADJOURNMENT As th~re was no Councilman Lindsey , . further business to come before the council at this time, it was moved by seconded by Councilman Judy that the meeting do now adjourn. Motion carried. MA{áÇ~ -h7 ~ MINUTES OF THE REGULAR SESSION OF JULY 20, 1971- Port Townsend, Wn. , The City Council of the Ci ty of Port Townsend, met in regular ses;3ion this 20th day of Juiliy, 1971, at 7:30 p.m. in the council chambers of the city hall. Mayor Smit? presiding. ROLL CALL . Officers and members present-were as follows: Mayor Smith, City Attorney Abraham, City Clerk, Youngblood, Councilmen Scheyer, Judy, Camfield, Lindsey, Norwood. Councilmen Steve, Hoglund absent. MINUTES OF THE PREVIOUS SESSION It was moved by Councilman Lindsey, seconded by Councilman Scheyer that the minutes of the previous session be dispensed with. Motion carried. BILLS & CLAIMS The following bills & Claims as audited by the Finance Committee were presented and acted upon as follows: Mayor Smith said that under bills & claims, we have two in connection with the Sheridan Street PrOJjtect that were;,:not taken up at the first of the Month. He said that there WaS a resolution along with and asked the city clerk to read the resolution. . RESOLUTION NO. 71-6 A RESOLUTION RATIFYING AND AUTHORIZING PAYMENT FOR EXTENSIONS AND MODIFICATIONS ON THE 1971 SHERIDAN STREET IMPROVEMENT PROJECT. VlliEREAS, certain extensions were found feasible and necessary in the execution of the 1971 Sheridan Street Improvement Project, in which the J.P. Surace Co. WaS the successful bidder at a bid price of $16,802.00, which extensions are reflected in the "Final Estimate~ on file with the City Clerk, and which extensions' were authorized by the Street Superintendent and the Street Committee of the City Council, and which extensions'weDe based upon the bid unit prices and iücreased the final cost of the contract to $19,173.50, and WHEREAS, the city Street Department was unable to complete a portion of the work allocated to it in said Sheridan 'Street Improvement, Project,' and therefor contracted with J.P. Surace Co. II for trucks'and hauling to the extent of $9ßO.OO, a voucher for which has been submitted to the City ClerIc, and ' WHEREAS, it is found that said adjustments were:properly and necessarily made, and were based upon the bid prices set, forth in the bid accepted, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City'Clerk are here and hereby authorized and directed to honor the vouchers of the J.P. Surace Co. in the sums of $19,173.50 and $960.00 on the 1971 Sheridan Street Improvement Project, and to draw and issue warrants thereon, subject to with- holding of a retained percentage in the manner provided in the contract therefor. ATTEST: Mayor Approved as to Form: City Clerk Ci ty Attorney Mayor SJnith said this resolution was brought about for the overrun on certain items in the con tract. Councilman Lindsey said he knew that the street superintendent had more or less the go ahead by different officials of the city to complete the job, he said he had talked to Hawley severa] times about it and it is pretty hard to hold up the contractor until the council meets, so he had told him as far as he Was concerned to go ahead and finish the job. Councilman Lindsey made a motion seconded by Councilman Scheyer that the resolution be adopted. Motion carried. I The J""ayor asked ~he city clerk VI to present the following bills & Claims. J. P. Surace Cconstruction Co. J. P. Surace Construction Co. Voucher No~ 29 Voucher No. 30 $17,256~15 960.00 It was moved by Councilman Lindsey seconded by Councilman Judy that the bills & Claims be approved and the Mayor and City Clerk draw warrants upon the proper fund for payment of same. ~Úþ6Í1 the'qÜes~t,ion. City Attorney Abraham commented that we have the other half of the project comming up. He said he was a little surprised at the situation, in this type of contract it is often necessary¡ that additional yardage of material or grading or whatever, would be'necessary as the project \ progresses, that this is one reason for unit price ,method of bidding, it is also a reason :for I the ('}.~timates to be prepared in advance and basicly what happened here as he understood it, was that in a very routine way, certain extensions were made which were feasible and economical within tht3_contract, he said this was standard procedure. He said on the water main project for ~amp_1ß~ we would have this type of thing which occurred that ønvolved a lot more money 33~ MINUTES OF THE REGULAR SESSION OF JULY 20,1971, CONTINUED ..._", ---------'-"'--'-"------ than this, it is purely and simply when you are moving earth, grading and the hazards of the weather and all of' thoses things, it is not always possible to either estimate 'the procise quanity of hourly work and etc. that are envolved, and as said it is one reason for the unit price type of' bid rather than requiring the contractor merely to submit a total price. He said he mentioned this because we have the other hal~ of the contract comming up but did not if any such thing will occur there but it does happen with great frequency. He said the resolution clears up any doubt about it, but would pass this along to what it may be worth. Ma)or Smity called for roll call vote on the bills & Claims. Motion was carried. 8 know TREASURER'S REPORT The treasurer's report was read in full f'or the Month o~ Jun~, and was ordered filed. COMMITTE REPORTS I Ed Hawley, Street Supt. said he would like to ask a question, the City Attorney mentioned the second phase of the Sheridan Ave. job and didnt believe there was any comment mentioned, if' this project does go over the 2,000 ton of asphalt on the street and driveways of this nature, would you want to set a limit, a daily check on the yeild could be taken and if we are approching the estimated tonage,',shut the job down, get the main drag done first. Mayor Smith said no, he said actual¡y what it boils down to is being sure the finance commœttee knows the situation, he said he would imagine they would go along with the city attorney that the over~un didnt go over twenty five percent. Mr Hawley said he thought the estimated price was 25,000.00 and the bid was 22,000.00 so there is some latitude there. Street Supt. Hawley said he would like to report that they have a mile and a half of' streets that need water awful bad and if we cant make arrangements to get salt water, we are going to lose it, we have to get ready for oiling and we have to have water. After some discussion, ~a~or Smith said he would get together af'ter the meeting and see what could be done. I 6ouncilman Judy said 'there had been a. request for a street light out at the Humane Shelter, a light was needed there. Councilman Judy made a motion seconded by Councilman Norwood that a 7,000 lum light be installed as requested. Motion carried. Councilman Lindsey reported on the rest-room situation at the Ferry Landing, he said he had talked to Attorney Grady and he went right up in arms, he said they would have no part in putting restrooms in. After some further discussions on restrooms, no ~urther action was taken. 8 OLD BUSINESS- Mayor Smith said that the council continued any action on the presentation re~uest by the Port Commission and had placed it on the agenda f'or tonight. The Planning Commission had made a recommendation, the Public Hearing was held two weeks ago and the next step is action by the city council, and to refresh everyones memory, he asked the city clerk to again read the street vacations requested by the Port Commission. After the readihg, Councilman Lindsey said that he had went down with the rest of the Council after the ~st meeting to look at the streets in question, he said he had talked to rill? Horton the Port Manager and had been told that they might put up a fence around where the boats were and in his opinion WaS a good idea, he said he had checked at the clerks o~fice about the vacation of washington street, but could not find that it had been vacated. Mayor Smith said that section of Washington Street had been vacated in 1924 and had been unvacated and would have to go under the assumption that it is not vacated. Mayor ~itþ said his reelings about the vacations is that the Port Commission is a public body, they are charged with utilizing property to the publics bene~it, and we have tø assume that they are not about to fence xXX the public out of all the ~operty, the Port has installations on the property such as boat storage and etc, was sure they may feel if vandalism gets high they might hQve to protect certain areas. He said the question is the streets were dedicated by the owners for street use and i~ the city does not feel the streets are not needed for city use, they can vacate it, there has been a mention of a statute, when a street is to be vacated a charge should be made for the property in ~uestion. He said he couldnt see this, when a property owner gives something to a municipality for street use and the municipality finds out they didnt need it, could not,~uite see charging to give it back to them. He said he gathered from the City Attorney that thßre were nuite a f'ew attorneys of various cities questioned the legality of this particular statute. Mayor Smith said there was a communication from and individual that had been passed to the council f'or reading. Mr Wallin said he would request to have the letter read so that every- one would know what it said. Mayor Smith said he didnt think there was any requirement to read the letter that every councilman was aware of the letter. After some ~urther discussion, J.Vlayor Smith asked the city clerk to read the communication. I 8 From Charles E. Wallin July 20,1971 to-wit: I TO: The Honorable Mayor Frank M. Smith Members o~ the City Council Subject; Street vacations to the Port o~ Port Townsend The Port of Port Townsend has called ~or bids on a project utilizing a portion of Belle street which is one of those requested for vacation. This is a specified use and perhaps this portion of the request would be in the best interest of all concerned and should be granted. However, there has been no definite future use suggested for those portions of Washington, Prosper, and Benedict Streets which are also in the subject vacation re~uest. It is not a question of whether or not streets would or would not be open or closed to the general public, bec~use once a street is vacated there is no guarantee that a permanent building would not be built on same. In addition to the above mentioned facts, there are two other very important reasons why only Belle street should be vacated at this time. First o~ all, guidelines for the Shoreline Management Act will be presented by the Department of Ecology to cities and counties around the state before the end of September; quidelines giving an outline to be used for local planning concerning what should be allowed in the way o~ construction, etc. on the waterfront. Secondly, there are four Council posit-ons and that of Mayor, Clerk and city Attorney to be filled by ~iling ,which will begin next week. Any street vacation that would be adopted now, without definite future use stipulation, would be in the nature o~ a "lame duck" session decision. In view of the facts mentioned above, you are urged to delay the requested vacation of those portions of Benedict, Prosper and Washington streets, and vacate only Belle street at this time I 8 iI 8 I I 8 I 8 I' I 8 .... . .. 33H' MINUTES OF TI-~E REGULAR SESSION OF. JULY 2?,. .~~7.~r _£?~.!~_~r~m ¡, -,"""'-----"-----" .,.",-------...--.. In the event the streets were to be vacated, there should be a revernion clause whereby title , would revert back to the city if the best interest of all would thereby be better served at a ,I later date. Very sincerely yours, Charles E. Wallin Mayor Smith said he felt the chair bent over backwards in recognizing of the communication and till further action isctaken by the council on the subject, the chair will not recognize anything except council discussion. . Councilman Scheyer made a motion seconded by Councilman Norwood that the streets be vacated as requested by the Petition of the Po:rt Commission. Upon the question, Councilman Norwood , brought up the' question 0.1' charging for the vacated streets, after some considerable discussion Ion the subject, and with the City Ättorney opinion that he felt that the statut~ was i1l:1egal, nq, action was taken. Mayor Smith called 'for a vote. Motion was carried. i ORDINANCE NO. 1621 AN ORDINANCE VACATING THAT PORTION OF WASHINGTON STREET BETWEEN BENEDICT AND PROSPER STREETS, THAT PORTION OF BENEDICT STREET LYING SOUTH OF WASHINGTON STREET, THAT PORTI:)N OF PROSPER STREET NETWEEN WASHINGTON STREET AND JEFFERSON STREET, AND ~~HAT PORTI ON OF BELLE STREæT BETWEEN WASHINGTON AIm JEFFERSON STREETS, AND REQlITIRING PAYMENT OF COSTS. II II I It was moved by Councilman Judy seconded by Councilman Scheyer that the first reading of Ord. No. 1621 be considered the second reading and the third reading be b~T title only. Mo~ion carried. ' ," , Ordinance No. 1621 was again read for the third time by title only and it was moved by , Councilman Lindsey seconded by Councilman Judy that Ord. No. 1621 be now adopted. Motion , carried. ,I II Ii For and in consideration of the help of the Jefferson County Historical Society in effecting II a restoration of the Bell Tower and for an additional consideration of rent to be paid annually 'I I. on or before August 1 for 197~' ånd on or before January 15 of each consecutive y~ar thereafter, II: in the amount of One Dollar ($1.00$, the City of Poer Townsend, following proper action by its I ' Council, and represented by its undersigned authorized representatives, does hereby let, rent, I lease, and demise unto the Jefferson County Historical Society, a Washington State non-profit I' organization, the following described premises situate in Port Townsend, Jefferson County, . Washington~ for ~ term of ninety-nine years, beginning Augus t l! 1971: I a. Those certain premises within the City Hall, 'Lot 7, Block I 44 of the Original Townsite of Port Townsend, consisting I of the area now used as a museum, research library, and ! the basement premises directly below said museum; and I The Bell Tower situate upon Tyler Street between Blocks 57 and 58 in said Townsite. Mayor Smith said that at the last council meeting the Historical Society had asked for a lease for spac e in the City Hall and also the Bell Tower and, asked the 8i ty Clerk to read the 'following lease. LEASE b. I PROVIDED AND EXCEPT; That should said Council during the 'term of this lease determine by its I ' resolution that the Ci ty liall is no longer economically maintainable or structurally sa.1'e, then" : this lease as to the City Hall premises is to be null and void. Dated this_day of ,1971. Frank M. . Smith, Mayor. Gale I. Youngblood Clerk STATE OF WASHINGTON) SSe : COUNTY OF JEFFERSON) On this _day of , 1971, before me the undersigned, a Notary Public in and for the State I of Washington, duly commissioned and sworn, personally appeared Frank. M. Smity and Mickey: Youngbloo, to me known to bhe Mayor and Clerk of Port Townsend, respectively, of Port Townsend, ,i the City that executed the foregoing instrument, and acknowledged thl~ said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, an on oath stated that they were authorized to execute'the said instrumc3nt and that the seal affi- xed is the corporate or municipal seal of said City. WITNESS MY HAND and official seal hereto affixed the day and year in this certificate above , wri tten. Glenn Abrahm Notary Public in and for the State of Washington, residing at Port Townsend. The question came up about the length of the lease, City Attorney Abraham said he had checked into the term of the lease and the term could be as renuested by the Historical Society. Mayor Smith said that there was an ordinance on the lease and asked the city clerk to read it. ORDINANCE NO. 1622 AN ORDINANCE AUTHORIZING THE EXECUTION AND GRANTING OF A LEASE ON A PORTION OF TfIE CITY HALL BUILDING AND ON THE FIRE BELL TOWER TO THE JEFFEnSON COUNTY HISTORICAL SOCIETY FOR A TERM OF NINETY~NINE YEARS, COfÆMENCING AUGUST 1, 1971. It was moved by Councilman Lindsey seconded by Councilman Judy that the first reading of Ord. ,No. 1622 be considered the second reading and the third reading be by title only. Motion carried. II 334 --,- -. -- MINUTES OF THE REGULAR SESSION OF JULY 20,1971, CONTINUED TIITRD READING AND PASSAGE OF ORD. NO. 1622 ----'..--.--------.-------------..-,,",----" The City Clerk again read Ord. No. 1622 for the third time by title only, and it was moved by Councilman Judy seconded by Councilman Lindsey that Ord. No. 1622 be now adopted. Motion carried. ORDINANCE NO. 1623 AN ORDINANCE APPROPRIATING THE SUM OF #200.00 ~ð ~E TREASURER'S CASH APPROPRIATION IN THE 1971 BUDGET, AND DECLARING AN EMERGm-rCy. Mayor Smith said this ordinance was kind of a housekeeping deal, we have been operating under a petty cash fund for years, and the present petty cash fund could not keep up with the needs. Mayor Smith said that due to nature of the ordinance it had to be held over until the next regular session. Mayor Smith said that a check for $60.00 had been given to the city by a group who were holding a,seminar in the local area, and t~at they enjoy~d the community and city so much that they had glven the city the amo~t to the Clty as a donatlon. He said he would like to think of' a pacif'ic use for the donation so he could tell them it was going to be used for a specif'ic purpose. Councilman Norwood suggested that it be put in the Park fund for use f'or the Haller Fountain that people enjoyed so much. After some discussion, Mayor Smith that at the next r';gular meeting he would have an announcement f'or what the monety would be f'or. Mayor Smith said that the Fort Worden Center had closed the main gate and since then W st~eet is catching all kinds of usage, so it is going to have to be improved, it had to be cleared first by the state and that the half-cent gas tax monies could be used. After some discussion it Was moved by Councilman Scheyer seconded by Councilman Lindsey that W street be improved as suggested. Motion carried. Mr Harry Deits, Crown Zellerbach engineer, said that a lot more water was being used, due to the hot weather and suggested that a notice be put in the paper to use a little judgement in useing water. Mayor Smith said he didnt forsee the straight four hot days in a row all of a sudden and didnt get the notice in the paper at the proper time but there will be an add in the next issue. Councilman Norwood said that she had been told that an unmetered city should use about one hundrled gallons of' water per day per person and if we figure five thousand people we should be useing only 500,000 gallons, why now are we useing 3,600,000 per day, do we have broken water mains or what. Mr Deits said it was more like 500 gallons per day per person. After some further discussion no action was taken by the council on the subject except the add in the paper by the mayor. - Mr Cal McCune President of' the Historical Society, said he would like to give the public recognition at this time to the people who have contributed money to the historical society for the bell tower. ADJOURNMENT As there was no further business to come before the council at this time, it was moved by Councilman Judy seconded by Councilman Lindsey that the meeting do now adjourn. Motion carried. Attest:, 8 I I 8 I 8 I ,/ I 8