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HomeMy WebLinkAbout02/08/50 341 February 8, 1950 Regular meeting of the City Council of the City of Bremerton was held February 8, 1950 at ten o'clock A.M., in the Mayor's Office, City Hall, Brem- erton. Mayor Kea~ presiding with Commissioner Haddon, Commissioner Wheaton, City Clerk McGowan, City Treasurer Nutter, City Attorney Wallace and Water Superintendent Casad being present. Motion by Mr. Kean and Mrs. Haddon that minutes oI' regular meeting of February l, 1950 and recessed and special meeting of the same date, be ap- proved as written carried. Clerk stated this was time and date for opening of bids for comprehen- sive liability insurance ana that several bids had been received. Motion by Mr. Kean and Mr. Wheaton to open the insurance~bids carried. Clerk opened the bids and read from: Wang Investment; Fehlberg~s Insur- ance Company; McCain, Beard and Giles Company; Farmers Truck Inter-Exchange Insurance Company; K~ause Company; R.S. Hayward Company; B.A. Getschmann Co. H~l-Beterson, representing Wang Investment Company stated the second Md he had submitted was from him and Buell Gossett of Larkins Insu~oe Company and was higher than the first bid and suggested it not be read. Clerk stated the bid of the Fehlberg's Insu~ance~Company would probably not be considered and Mayor asked for clarification of this statement. Clerk stated the specifications called for a detailed breakdown oI' bid figures an~ this was not given a nd the ~eposit premium which was given did not mean too much to him. Mr. McCain stated it was his understanding that regarding the Farmers Truck Inter-exchange Insurance Company, it was his understanding that accord- ing to the bid speciI'ications bids were to be placed by stock and mutual com- panies an~ it was his understanding that this is a reciprocal company; Frank R. Darragh, representing the company, stated that when he asked for bid forms the Clerk's Office deputy had called the City Attorney and the Attorney said it was perfectly legal to turn in a Old as his company is licensed under the lawto operate in Washington an~ his company is not mutual; Mr. Darragh stated further.that his bid meets all qualifications oI' the city's bid and his com- pany is non-assessable~ City Attorney said he felt that this is a legal company an~ this is not an assessable company and feels, thereI'ore, that the bid can be considered. City Clerk stated his o£fice would maEe a tabulation and then could re- fer the bids to the Connnittee of the Whole if desired. Motion by Mr. Kean and Mrs. Haddon to refer the bids to the Committee of the Whole, City Clerk and Purchasing Agent, City Auditor and the City Attor- ney will be calle~ in iz' necessary carried. Clerk read change in pay status for Roger W. Goschke, Police Department, from $252.00 per month to $25V.00 per month. Motion by Mr. Kean and Mr. ~heaton to approve the change in pay status carried. Clerk reaa notices of employment for: Myra Alice Tice, $250.00 per month and Edity Eigner, V4~ per hour, Library; Leif M. Selness, $1.35 per hour, Wat- er Department. Clerk explained in connection with the employment of Mr. Selness that Mr. Casad is planning on employing some men to take care of water bills. Discussion was held on this matter and the Mayor said the City shouldb e sure everything is taXen care of on tl~s type of employee. He was assured t~at they would be covered under Industrial Insurance. Mr. Nutter commented that he could provide a form of agreement between such an employee and the City. The same forms which were used several years ago when a similar program was conducted by the City. Motion by Mr. Kean and Mrs. Haddon to. approve the temporary non-Civil Service appointments as read carried. Application was read by Clerk from Edward Bremer for using a vibra-harp at the Olympic Recreation. A class H establish_merit. Clerk stated Edward Bremer has a H~mmond Organ there now which is under contract and which contract is about to expire and Mr. Bremer doesn't know whether the contract will be renewed or no~. Discussion was held on the application and the Mayor co~ented that this type of instrument came under the terms of the ordinance. Application bore approval of the Chief of Police. Motion by Mr. Kean and Mr. Wheaton to grant the application carried. Clerk read license application for card tables at the Smoke Shop, First Street, signed by Mrs. Bernice Guidon, new owner, approved by Chief Police. Clerk stated this was for transfer of the licenses as the Smoke Shop al- ready has a current card table license for the previous owner. Motion by Mr. Kean and ~r. Wheaton to approve carried. 342 February 8, 1950 (Con,t) Payroll voucher was read by Clerk for period ended January 31, 1950 for ~39,951.59. Motion by Mr. Kean and Mrs. Haddon to approve carried. Clerk presented Monthly Consolidated Activity Report from Count~ Health . Department for December 1949. Motion by Mr. Kean and Mrs. Haddon to note contents, make available t o the press and file in the Clerk's Office carried. Clerk read claim for damages from Frederick B. Cohen, filed in the Clerk's Office, February V, 1950 for alleged damages to his bulkhead, retaining wall, steps and concrete work and lawn in the amount of $3,500.00, as a result of the City's not maintaining properly, the sewer lines on the shore line by his pro- perty. City Attorney read a letter from the City Engineer to the Attorney dated February 7, 1950, relative to the claim of Mr. Cohen, in which it was stated a section of the Cohen wall has failed, presumably due to poor design and con- structiSn. A sample o~the concrete was taken and found to be entirely dis- integrated, apparently by action oI' water entering the concrete and freezing. Also, it is not presumed or considered that the sewer pipe in any manner caused the failure of any of these walls as other bulkheads far from any exposed pipe were undermined. Whether or not the beach was disturbed by the use of heavy equipment in the construction of the pressure line, enough to cause excessive erosion, has not been determined. Pictures have been taken of walls in this vicinity. Detailed drawings have been prepared and other pertinent information will be available in the very near future in order to better metermine the cause of wall failures and to arrive at some method of protection for existing bulk- heads and the pipe line. Mr. Wheaton stated it was his and the City Engineer,s opinion that there should be no d~mge allowed. The City Attorney recommended that the claim be denied as he can't possibly see, legally, that the City is liable under the facts. Motion by Mr. Kean and Mrs. Haddon to deny the claim and refer to the City Attorney carried. · Clerk read General Claim Voucher from Hall-Atwater Company for estimate No. 4, West Bremerton Treatment Plant and Pump Stations, in the amount of $13,359.75, approved by Howard I. Gorst, Field Engineer, H.W. Kramer, Engineer, audited by W.R. Vaa, City Auditor and approved by City Engineer Severance. Motion by Mr. Kean and Mr. Wheaton to approve the voucher carried. Clerk read General Claim Voucher from Lent's, Estimate No. 2, Sewage Treat- ment Project, Unit H., for $2,V91.65, approved by Howard I. Gorst, Field Eng- ineer, H.W. Kramer, Engineer, E.S. Severance, City Engineer and Wendell R. Vaa, City Auditor. Motion by Mr. Wheaton and Mr. Kean to allow the voucher carried.. Clerk stated he had a notice of bid put out by the Housing and Home Finance Agency, I'or the Housing Authority of Portland, Oregon, for a number of sewer pumps and fittings. Motion by ~. Kean and Mr. Wheaton to refer this to the~Co~umissioner of Public Works and Utilities, carried. Clerk stated that he anm Mr. Casad have been discussing the acquisition of the Fisher Flouring Mills land adjacent to t he watershed and had informed Mr. Casad that the Council recently passed a motion instructing the City Clerk to purchase the land needed from the State of Washington before acquiring the Fisher property. Mr. Casad is asking for permission to have the Fisher property first as it will be a part of theproperty needed and then he anm the Clerk will go to the State and apply for the State land needed. In applying to the State approximately $V3.00 will be needed and Mr. Casad has suggested that the Council authorize the paymen.t up to ~100.00 at this time so that this money can be deposited with the State in conformance with their requirements. Motion by ~r. Kean and Mr. ~eaton to authorize the City Clerk and Purchas- ing Agent and the Superintendent of Water to ma~e application for the purchase of certain State lands and authorize them to deposit a City warrant or check for the requisite ~nount not to exceed ~100.00 as application fee carried. ~otion by ~r. Kean and Mr. Wheaten that the City Clerk and Purchasing Agent proceedwith the acquisition of the Fisher Flouring ~ills property prior to pttr- chase from the State carried. Clerk stated that some time ago his office started enI'orcing an ordinance covering closing out sales at the request of some business men. Then represent- atives of the Chamber of Commerce wanted us to do nothing. Then on September 19, 1949, Norman Box, Secretary-~anager of the Chamber of Commerce wrote a letter to the ~ayor and Co~mnissioners stating ~hat the Executive Committee of the Re- tail Trade Bureau ha~ discussem the special sales ordinance and had certain re- 343 February 8, 1950 (Con't) commendations to make. The letter was read by the~.Clerk setting forth the recommendations and requesting, earnest consideration by the Council. Clerk bhen read letter of June 24, 1949 from then City Attorney 01ur Johnsen, in which he suggested the ordinance~should be repealed as an ord- inance of this kind has little or no regulatory e£I'ect. Clerk sai~ it may have been after this that several of the Chamber of Commerce members met with the City Officials and no conclusions were reach- ed. Mr. Wallace stated he and the City Clerk were going to meet with some of the Chamber of Commerce on Thursday afternoon and l~ry to work something out. He suggested that perhaps the Chamber might have some private attorney work out a proposed ordinance and submit it to the City for stuck. Clerk read letter dated February 3, 1950 from A.C. Eberhard, Captain (CEC), USN, Officer in Charge, District Public Works Office, Thirteenth Naval District, Seattle, Washington, transmitting six copies of the proposed Navy- City sewage service contract (NOy(U)-19686) that have been completed as agreed upon at the meeting held in the Mayor's Office on February ~, 1950. Asked for execution of all six copies and suggested that a letter be included with the contracts requesting advance payment of the connection charge; also, the orig- inal and three duplicate originals of the bank agreement be included. Clerk stated he had received the bank agreement from Leo Haskel, National Bank of Commerce, Bremerton Branch. Notion by Mr. Kean and Mr. Wheaton to authorize the Mayor and C~y Clerk to sign the contract and transmit the letter requesting the release of the con- nection charge to us, carried. Clerk asked the City Attorney for a report on the status oft he City's claim for $20.88 for some pieces of steel that were supposed to have been left at the City Garage sometime ago by SextSn's Auto Freight. City Attorney stated that he wrote Sexton's Auto Freight and, dem~ded pay- ment. Then someone from Sexton's called and said they would make the payment and then called again later and said they would not. Perhaps Sexton's has in- surance coverage and this matter would then be delayed while it was investigat- ed. Attorney said he would write a letter to~ay to follow up on the claim. City Treasurer read a letter from Merrill Wallace, City Attorney, dated February 7, 1950, to the Treasurer, enclosing a letter he had received from Army Seijas, Attorney and enclosing a chec~ of the United Amusement Comply for $365.50~ dated October 7, 1949, and another check of United Amusement Com- pany for $~8.30, also dated October V, 1949, together with monthly returns for both companies for their pinball operations. ~r. Seijas~ letter advises that another check probably will be sent with- in a week or ten days at the latest. These two checks were for returns due September, 1949. City Attorney's letter suggested this matter be discussed at the Council meeting and a definite decision.reached concerning the back install- ments due the City. The Mayor suggested that perhaps should let Mr. Seijas pay as he can and avoid starting a suit and that the City has picked up some slack. The City Attorney recommended infoming him that the City will expect a check by the 15th of February; and, also, agreed with the Mayor that it would be better to try to get payments regularly, and not sue s~d try to collect it all at once. Motion by Mr. Kean and Mr, Wheaton to concur in the recommendation carried. ~errill Wallace.stated that Armin Jahr, Assistant School Superintendent, and ~r. Day, School Building Inspector, District lO0-C, were present to dis- cuss with the Council the water and sewer lines and streets in the View Ridge Project Area, which was recently acquired by the School District for a Junior College Site. Merrill Wallace, also a member of the s~hool board, stated they would like to come to a tentative arrangement on these matters so they can be taken up with the next'school board meeting. The question is how much the City desires ' to accept. An easement could be granted for maintenance and operation mud Mr. Severance would like to have a provision about removal of lines, which could be done. Also, there is some question on the manholes out there. Mr. Wheaton stated that when the deed was given to the School Board there were no plans for streets and nothing was done about pipe lines, or sewers ex- isting or plans for new ones. Thought the School Board would give a rough draft on pipe lines and streets. Manhole covers are all wood and there are no metal gratings. The mains are wooden and~except for a few hydrants it is all dead merchandise. Mr. Wallace commented that as far as he knew the School ~istrict is will- ing to give over all ownership of sewer and water lines and the next, things'is whether the City is willing to accept it. Mr. Wheaton stated that it is going to be the City's responsibility immed- iately the lines are taken over to replace the wooden manholes and the gratings, as they are unsafe at present and people are complaining about them. February 8, 1950 (Con't) The City Engineer has written a letter that the S~hool ~istrict should place metal covers before the City ~akes over. The City Attorney stated that the School District was rushed in taking over from the Housing Authority. Mr. Wheaten suggested that he and Mr. Jahr and Mr. Day should go out to the Site with a map anm go over what is there and Mayor Kean suggested going out today. Discussion followed relative to the streets and Mr. Jahr produced two maps which were used for study. Mayor Kean suggested that perhaps the City could accept an easement water and sewer pipe lines and certain streets providing the School District gets the manholes in shape and improves them. The School Board should block off those streets which they wish to vacate and be responsible for the per- manent blocking. City Clerk raised an objection to taking over mains that would be running through the Junior College Campus as he felt the City shouldn't own anything running through the campus, but just up to the boundaries. The City would run into a lot of difficulty in maintaining wooden mains on their campus. City Attorney stated he thought the School Bpard would be agreeable to let the City take out what it needs from the property. The discussion ended when Mr. Wheaten agreed to meet with Mr. Jahr and Mr. Day and the City Engineer at 1:30 today for an inspection of the View Ridge Site. City Attorney presented proposed water rate ordinance~ stating it was an excellent ordinance. It repeals other ordinances and information has 0een taken from a number of old water ordinances. Mr. Casad asked that a clause be placed in the new ordinance giving the City the right to shut off water if the habit is not gtopped, of pu~t~n~ grease and solvent in the water lines which affects the operat$on o4 the s~age-treat- ment plant. This is usually done by laundries a~d~arages~ M~. 0asad said he had a copy of another city's provision that would cover ~is point and Mr. Wal~ lace said he would postpone the reading of the Ordinance until next Wednesday so the addition could be made. City Attorney stated that he had a matter to discuss relative to a car washing lot which may be a question of interpretation of the zoning ordinance. Mr. McLeod has refused to grant a permit to a person to wash cars at 7th and Park. Previously this type of business was allowed there but part of the pro- perty was sold to Settle Chevrolet who is erecting a building and n?w the area left is too small. It seemed to the City Attorney ~hat anyone,put~ing in a new building should protect the businesses already established and possible Settle should be required to put in a fire wall on his new building. There was a use provision under the old ordinance, but we now have a b reakdff date, and any- thing going on up to ~he time o~' the breakoff date could go on as non-conform- ing use~ under the new ordinance. Mayor commented that perhaps Settle would need the whole area there in order to take care of his needs and ~r. Wheaten said he agreed that Settle should not be able to squeeze another business out. Motion by Mr. Kean and Mr. Wheaten to re-refer the matter to the Building Inspector and the City Attorney carried. City Attorney reported that he thought by tomorrow or next day can re- write the agreement for the watershed logging. It is difficult to draw any agreement that is going to cover all situations. All that we have at present · is to ~ake care of Anderson Creek part of the watershed. Will have to leave the other part open for future negotiation. If the City should de~ire to stop operation, then the cost woulm be $1~50.00. This a definite figure and would be easy for future commissioners and City Attorney to know what it will cost to terminate the agreement. The other parties also desire a concellation clause for their behalf. They are going to replant any area on'which they log. Mayor asked for report on Kitsap County Sewer District No. i in connection with their participation in sewage treatment anm ~he City Attorney~replied that he was now waiting on Attorney Merkel. Mayor asked on the proposed lease with Mr. Hunt for an area at the Head of the Bay anm City Attorney stated he ~as going to the City Engineer's Office after this meeting to check the agreement and will probably ~ ready to bring in Friday morning. Mr. Wheaten suggested that Mr. Klinefelter might come in Frimay morning as he is on the committee which dealt with this leas~ ~r. Wheaten reported that there were 490 shut-offs during the cold weath- er in the water department anm 120 meters were frozen; however, none were really d~aged. The shovel is working for the Housing Authority on our approval~ to Mr. Searle and Homer Jones has been given assistance over at the Washington Veterans Home, Retsil. 345 February 8, 1950 (Con't) Mayor Kean reported that the Ci.ty Attorney is going to write proposed speciI'icattons on concessions at Roosevelt Field an~ other areas. The City Attorney reported he was in the Supreme Court ~esterday on the Amende Case ana the appeal was argued. · Mayor Kean asked for a report on the Bluejacket Baseball case and the City Attorney said he baa nothing to report on that. Motion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a majority of the Commissioners carried. Mr. Casaa suggeste~ the Cotmcil might discuss with Mr. Klinefelter, County Commissioner, the use of relief labor. Mayor Kean stated there was something in the new welfare law on use of such labor and Mayor and Mr. Wheaton are working out some plans to use relief labor. Mr. Wheaton stated there are some restrictions on mode of transportation that they must be hauled in buses or cars that have heat, and can not be car- ried on trucks to the job. Clerk stated he did not Enow how the wor~men's compensation would be handled but this matter has been checked into and the men will be covered. Motion by Mr. Kean and ~rs. Haedon to recess until Friday at ten o,clock carried. APPROVED: ' · City Clerk - ~ ' Mayor ' February 10, 1950 Recessed meeting oi' the City Council of the City of Bremerton, Washing- ton, was held at ten o'clock A.M., February lC, 1950 in the Mayor,s Office, City Hall, BremeFton. Mayor Kean presiding with Commissioner Haddon, Com- missioner Wheaton, City Clerk McGowan, City Treasurer Nutter, Rud City Attor- ney Wallace being present. Clerk read license application from Abe Silverman, for pawnbroker's lic- ense, G. & M. Tailors & Loan, 213 Front Street, approved by the Chief of Pol- ice. Motion by Mr. Kean and Mr. Wheaton to grant the license carried. Letter dated February 9, 1950 was read by Clerk from Public Health Engin- eering, Smith Tower, Seattle 4, expressing appreciation for the City making it possible for representatives to attena the recent Water Works School at the University of Washington. Motion by ~r. Kean ane Mr. Whaaton to note contents and~file carried. Clerk reported progress on studying the insurance bios. He stated taat he and the City Auditor believe it would be advisable to go to Olympia for a conference with the State Insurance Commissioner. Mayor commented that in view of the Clerk's report he felt the. trip would be well worthwhile and suggested contacting other City Departments to see if they might have business they could ~nduct at the same time the Clerk is in Olympia. Motion by Mr. Kean and Mr. Wheaton to authorize the use of a city car to conduct this business and other City ~usiness carried. Mr. Wheaton reported that he has asked Captain Phillips to clamp down on truck drivers who. are carrying heavy loads and breaking down our roads. Discussion ensued as to what authority the City would have to restrict truck traffic an~ the City Attorney advised that this is an emergency matter ~ and would be a part of the police power. Captain Phillips, who was present, asked w~at to 2o with violators and the City Attorney advised they should be charged with disorderly conduct. Mr. Wheaton asked Captain Phillips to broadcast the abandonment oI' all alleys that are unpaved. County Commissioner Klinef~lter came into the Council room and the Mayor asked the City Attorney to rea~ the Hunt lease. Mr. Klinefelter first looked over the lease ands tared he ~idn't see any- thing wrong with the rental. Mayor stated that if the Council is in accord after the lease is read, then should give tentative approval and refer it to the County CommisSioners for final approval. If the County Commissioners have any objection to t he lease, it could be fei'erred bac~ to the City Council for correction. 346 February 10, 1~50 (Con't) City Attorney then read the lease. Clerk raised a question about the rental after the first ten years and this question was discussed by the City Attorney. Motion by Mr. Kean and Mr. Wheaton that the Council give tentative ap- proval of the proposed lease ancrefer it to the County Commissioners for further consideration and approval by the County Commissioners carried. Mayor Kean recommended clsoe supervision by the City and County Engin- eers of the improvements Mr. Hunt might make to the property he is leasing. City Attorney stated he had ready, to read, the contract for logging on the watershed and after approved by the City it should go to Seattle for sig- nature by the corporation of McDonald and Taylor. City Attorney read the agreement. Various questions were raised and dis- cussion was held. Mr. Nutter asked about the log scaling and the City Attorney stated this ha~ been overlooked by McDonald and Taylor. Mr. Taylor, who was present, said that any logs sold here would be on Puget Sound Scalers rates and that anyone purchasing logs would use this same scale. Clerk questioned what would happen when property was added to the water- shed as the agreement states "property now owned". After discussion it was decided to strike out the work "now" and that it is the plan of McDonald and Taylor to operate on property owned, either now or iT' the-future, during the term of the contract. Motion by Mr. Kean and Mr. Wheaton to approve the agreement carried. The City Attorney rea~ the proposed concession agreement and the Mayor stated he would like to have it expire September 30, 1951. The agreement as read had the percentages to be paid the City typed in and it was felt this should be left blank as this was what the bidders would be offering in their proposals. City Attorney stated he would take the propesed agreement back to his office and prepare a corrected one. Mayor stated that this was a good agreement and could be used for the successful bidder to sign when bid has been awarded. Mr. Wheaton reported that the man who was going to operate a wash rack at 7th and Park had called and said he was going to put an advertisement in the paper that he was going to start business. He had informed this man to get final approval from the City Building Department first. The following persons were present at the Council meeting~at this time: Fred Wal~er, Sanitation Superintendent, M.G. McLeod, Building Inspector; Dr. Shirley Benham, Health officer; Sam Reed, Sanitarian. Dr. Benham introduced W.A. (Bill) Hendrix who stated he was with the U.S. Public iIealth Service and a rodent expert. Outlined to the City his of- fer to assist in a rat proofing program here. He said that recent tests in this state showed an increase in the number of rodents carrying disease and that his department had been requested to come to this area of the United States and instruct health departments, fire departments and building depart- ments in rat proofing. He mentioned the work they have been doing in Spokane and Pullman, and stated this is the only method of controlling rats. He said that Bremerton has many places infested with rats. Sam Reed outlined the present program for rodent control in Bremerton. Some rat proofing has been done in scattered builmings but not uniform and rat proofing is not as beneficial as it could be if all buildings were rat proofed and even extend the program out into the County. Mr. Hendrix stated that he will furnish a man and a vehicle and the only cost to the City would be for gas, oil and small repairs up to probably His man stays in a town long enough to train men to handle this program. His man ~ho is working in Pullman will be through there probably in the next two months. Mr. Hendrix stated that under the program the property owners are given recommendations as to getting the rat proofing done and they are assisted in doing it properly. He said the average cost has been about $60.00 a build- ing in ~pokane, where 500 buildings have been rat proofed. This varies with the buildings. He stated that in Spokane out of 500 buildings have not had one court case in enforcing the rat proofing program. His method of educa- tion is to start first with the service clubs and outline the program and ob- tain their support. Mr. Hendrix stated that with some minor changes to the City's present ordinance in order to give the Health Officer some authority, the program could be effected. Also, it would be necessary for the Council to pass on the specifications which would be presented by the health officers. In answer to the Mayor's question, Mr. Hendrix stated it would ~ake about one year to rat proof here and that one reason he would like to come here after Pullman is that Bremerton is a training center I'or sanitarians and this program over here is incomplete without a~rat proofing program. 347 February 10, 1950 (eon't) After further ~iscussions, Mrs. Haddon stated she believed the City should accept this service. Notion by Nr. Kean and ~rs. Haddon that the City request this serv~ e and refer the matter of the change in the ordinate e to the City Attorney, Building Department an~ the H~alth Depar~ent carried. Mr. Reed asked Nr. Hendrix if the City can be sure of haVing this rat proofing expert here until we are sure we are doing a goom Job and Nr. Hen- drix replied that he would be able to leave him six months but would do his best to leave him longer if nepessary. Nr. Walker commented that a program like this was started five years ago and nothing came oi' it and Nr. Hendrix assured him that when they start something they go through and finish it. Notion by Nr. Kean an~ Nfs. Haddon to adjourn carried. APPROVED: 6~ity Clerk Mayor