HomeMy WebLinkAbout05/03/504OO
May 3, 1950
Regular meeting of the City Council of the City of Bremerton, .Washing-
ton, was held May 3, 1~50 at 10:00 o'clock A.M. in the Mayor's 0fl'ice, City
Hail, Bremerton, Washington. Mayor Kean presiding with Commissioner Haddon,
Commissioner Wheaton, City Clerk McGowan and City Treasurer and City Attorney
being present.
Motion by Mr. Kean and Mr. Wheaton to approve minutes cZ' April 26, 1950
as written, carried.
Clerk stated that bids had been called for sale of another raft of logs
and the time set in the advertisement was for 10:00 o'clock A.M.; however,
when the call was made it was overlooked that the City would be on daylight
saving time and there,'ore mail would not be delivered until about lO:00 A.M.
as the U.S. Post Office is on Standard Time. The mail has been delivered
but has not yet been distributed, the Clerk stated.
City Attorney suggested opening the bids as soon as the Clerk has been
handed his mail. He stated that the bids should not be held over until ll:00
o'clock A.M., unless all the bi~ders gave their consent.
Clerk read reports oI' separation for Wilbur Benskin, Ralph JacoOs, Oliver
W. Jackson, Carl W. Lee and Charles McFarlane, Sanitation Depari~nent.
Motion by Mr. Kean and Mrs. Haddon to approve the Reports of Separations
as read, carried.
Notice of employment was read by. Clerk for HUdson D. Brady, $1.42 per
hour, Sanitation Department.
Motion by Mrs. Haddon anG Mr. Kean to ~approve the notice of temporary
employment, carried.
Change in .pay status was read by Clerk for Arthur L. Walker, from $1.~2
per hour to $1.46 per hour, Sanitation Department.
Motion by Mrs. Haddon and Mr. Wheaton to approve the change in pay
status as read, carried.
Clerk stated this was time and date for hearing on the revokation of
t~cab driver's license of Ray Noble.
Mayor Kean asked if any of those persons p~esent were interested in this
hearing. No one was present to protest.
Motion by Mr. Kean and Mr. Wheaton that as there is no protest, that the
recommendation be concurred in and revoke the license of Ray Noble, carried.
Claim for damages was read by Clerk from Kenneth L. Rathbun, Star Route
Allyn, Washington, filed on April 2V, 1950 in the sum of $8.70 for damages
~lleged to have occurred on April 26, 1950, when a City truck hit his car on
the right front fender.
Clerk stated he had a report of accident from the driver and then for-
warded the report on to the insurance company.
City Attorney advised that the report has been sent to the insurance
company and the City now awaits further notification from them.
Mayor Kean ordered contents of claim to be noted an~ the claim then filed.
Clerk read letter dated April 26, 1950, from Commission of the Bremerton
Housing Authority, which stated they were,enclosing their check for $2,434.29
representing voluntary payment in lieu of taxes on Westpark Project Wash 3-1
for fiscal year ended September 30, 1948; and that this payment is made in
accordance with provisions contained in the Housing Act of 1949. They have
no definite information regarding payment for the yea~ ended September 30,
1949.
Clerk reported that the check had been disbursed equally to the General
Fund, Parks, Library and Street Funds. Clerk made further remarks relative
to this particular receipt, and said this was not anticipated in the budget
and was arranged for after the budget was approved.
Clerk stated that the mail has been sorted and bids for sale of a raI't
of logs are ready for opening.
Motion by Mr. Kea~ and Mr. ~neaton to open the bids, carried.
Clerk opened the bids and read as follows:
Nettleton Lumber, Seattle, $10,159.00 and certified check enclosed for
$1,016.00.
~Ickman Lumber Company, Tacoma, $9,474.00 and check enclosed for $947.40.
Tacoma Harbor Lumber and Timber Company, $9,153.20 and certified check
enclosed for $915.32.
Siler Mill Company, $10,460.46 and check enclosed for $1,046.05.
Motion by Mr. Wheaton and Mr. Kean to award the bid to Siler Mill Com-
o any, carried.
40i
May 3, 1950 (eon't)
Letter dated April 27, 1950 to the City Council from James W. Bryan, Jr.
was read by Clerk which stated he is opposed to the establishment of sanitary
fill in the 400 block between Summit South and Yantic Street and letter set
forth his reasons for this stand.
Motion by Mr. Kean and Mrs. Haddon to note contents and file, carried.
Clerk read proposed agreement between the City and Robert Murray, Civic
Athletic Club, for setting aside Thursday evening of each week for a period
of one year, the main auditorium of the Civic Recreation Center for the put-
pose of conducting wrestling matches. Agreement set forth the provisions in
detail.
City Attorney commented that he has read this agreement over and it is
a re-copy of one previously in effect; that the agreement is not too binding
except reserves Thursday night for the Club. City Attorney suggested the
Council approve the agreement and it be signed.
Motion by Mr. Kean and Mr. Wheaton to approve the agreement and authorize
the Mayor and City Clerk to sign, carried.
Clerk stated that Commissioner Wheaton had asked that bids be called for
road oil for the Street Department.
Motion by Mr. Wheaton and Mr. Kean to authorize call for bids, carried.
It was stated by Clerk that the ordinance covering voting precincts should
be corrected to include in Precinct 30 that newly annexed area located between
'Highway 21 and Oyster Bay and Mr. McGowan asked that the City Attorney be in-
structed to draw up the necessary amending ordinance.
Motion by Mr. Kean and Mr. Wheaton to approve the request and refer to
the City Attorney for preparation of the amending Ordinance, carried.
Clerk presented a petition for formation of a local improvement district
for concrete sidewalks, curbs and gutters and concrete alley paving at Lots 1
to 24, inclusive, Wischhoefer Addition, providing such improvements do not ex-
ceed the estimated costs as set forth in the petition against each of the lots.
First signer, Glyn T. Price and 20 others.
Motion by Mr. Kean and Mr. ~neaton to refer to the Engineer fo~ checking
and recommendation, carried.
Clerk stated that has a No'tary Seal, originally purchased by the City and
then renewed by the Bremerton Housing Authority, that the time for its renewal
has again arisen and that he has no rimed for this seal in his official duties
not does he want it himself. He said if the City Council feels he should be
a Notary then he would have it renewed at the City's expense.
City Attorney suggested that the City Clerk could take acknowledgements
that come, under the Clerkts Office and turn others over to a Notary 'Public
in the City Hall,.
Clerk said there were~several others already possessing Notary .Seal in
the City Hall.
After discussion the matter was dropped and the Council took no action.
Clerk reported that as a result of a search made by the Treasurer and his
oI'fice it was found that the entire area oF the Manette Playfield consiste of
Tracts 16, 17 and 18, Tebbett's Decatur Acre Tracts which were purchased by
the Park and Recreation Funds without any stipulation as to the application
of a name and none of the property was dedicated for park purposes.
Clerk stated he had checked to see if these tracts constituted the entire
area and the City Engineer had advised him that it did a~d that the request
to rename the Playfield to ~Earl Harkins plaYfield'' had come up at the last
Planning and Zoning meeting and it is coming up again at the meeting of May
1Vth. It was tabled at the first meeting and it is expected that a delegation
will be at the next meeting from the East Bremerton Improvement Club.
Mayor asked the Council if it should ~ake some recommendation or wait un-
til the Planning and Zoning Commission makes a recommendation. Mayor pointed
out that if the attitude of the Council is not put on record with the Planning
and ~oning Commission, then when they make a decision it will put the Council
to more or less in the position of having to go along with it. Mayor s aid
further that a lot of old-timers would like to retain the name of Manette. He
acknowledged that Earl Harkins ha8 done a lot for this area, but wondered if
the Council wanted to cut out the name of Manette for all time.
Mr. Wheaton made the comment that in other cities they retain the old
names and this has been named for 20 years as Manette ?layfield. He said he be-
lieved only five or six persons are pushing this and believe a vote of Manette
people would leave the name as it is. There are other ways to commemorate
things for him. There are guns being Rlaced at I±lahee in his memory and Clerk
stated it would be better to take their stand here and asked whether any action
should be taken by the Council by motion or J~ t pass along a suggestion to
the Planning and Zoning Commission, It was brought out that the Council had
received a direct request from the club and therefore can give a direct reply.
Motion by Mr. Kean and Mrs. Haddon that the City Clerk be directed to re-
ply to the request for the change of name, pointing out some of the circumstan-
ces and that the name be not changed, carried all members voting Yes.
402
May 3, 1950 (Con't)
Mayor requested that a copy o£ this letter be forwarded to the Planning
and Eoning Commission.
City Treasurer reported that he and Commissioner Haddon went to Olympia
on Monday to attend the Centennial program commemorating Olympia's 100th
anniversary, and while there contacted the Department of Municipal Corpora-
tions relative to the cash bond which may be put up by licensees under the
oil burner mechanic's ordinance and the oil distributor's ordinance. He
said that Service Fuel and one other company had cash bonds with the City and
there is no place to keep this money except in his safe. These bonds are the
responsibility of the City Clerk.
Treasurer stated that as a result of the conversations, he was advised
that the ordinance might be amended to make a surety bond acceptable only;
t~erefore, the Clerk and Treast~er recommended that the ordinances be amended
to eliminate the choice of cash bond or surety bond and make it for a surety
bond only.
Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and
refer to the City Attorney for the preparation of the necessar~y ordinances to
make the correction, carried.
City Attorney recommended to the City Council that he be allowed to ap-
peal the case between the City and the Bremerton Baseball Club to the Washing-
ton State Supreme Court and cited his reasons for asking for this authority.
Motion by Mr. Kean and ~r. ~neaton to approve the recommendation, car-
ried.
City Attorney stated there was going to be a hearing on the garbage fill
on May l?, 1950 at l:S0 P.M. and he would like to have from Mrs. Haddon or
Superintendent of Sanitation an estimate of the time required to leave the
garbage fill and that he feels the court will go along but recommended that
it be a reasonable length of time.
Mayor commented that it would take some time to clean up the area and
would suggest a period of four months; however, he said that Mr. Wheaton is
probably in a better position to say how long it will take then anyene else.
Mr. Wheaton saic he would make a drawing for the City, Attorney showing
what is necessary to be done to clean up the area as it will be necessary to
keep the garbage already there from escaping.
Mayor Kea~ stated that letters have gone forward to the City and County
Planning an~ Zoning Commission asking for rezoning from commercial to manu-
facturing in that area.
Mr. Wheaton said also that the Sanitation Department doesn't have suf-
ficient money to do the pile work necessary an~ the Water Department will fin-
ish up.
Mayor Ke~u cautioned that if over $500.00 limitation, then the work should
be properly set up at the outset to eliminate any vi~lat~om~.
Mr. Wheaton assured the Mayor that this would be watched carefully.
Mayor made the comment that if the garbage fill had been better taken
care oI~ in the past this situation would not have arisen as there were times
when the Sanitation Department had no plan for caring for the fill.
~rs. Haddon stated she would like to draw the Council's attention to the
fact that the Water Department took care of covering for two years and large
sums were paid for this.
City Attorney reported that deeds had now been received from Champine,
Zanoni and Fatland for right-of-way and there is just one deed to be obtained
adjoining the Snyder Avenue area.
Mayor asked if it is necessary to get this before going ahead with the
planned improvement and Mr. Wheaton stated that would not be necessary before
going ahead.
City Attorney stated that Mr. Bender, Sr., wanted the deed back which had
been filed under escrow. The provisions ol~ the escrow were that if no ordin-
ance was adopted by January 1950 zoning the property on Highway 21-B, near the
east end of the bridge, then the deed was to be returned to the Ben,ers.
City Attorney said he hadother deeds under this same provision, but ~he
only request so far is from Mr. Bender, and he would take this up with Mr.
01ur Johnsen; however, the escrow terms are clear.
l~ayor Kean stated this was pretty much referred to Mr. Wheaton and the
City Engineer for further action. The recommendation of the Planning and Zon-
ing Commission was not t~ include Dr. Bender's property in the re-zoning and
if Mr. Bender, Sr., requests that Bender, Jr. property be included in this re-
zoning, then there is a problem, because not in accordance with the Planning
andZoning Commission recommendation.
Mr. ~neaton stated he is doing what he can on this and mostly concerned
about getting the property necessary for the wall. Mr. Wheaton said he has
heard that state aid would not be available unless the City gets going on this.
403
May 3, 1950 (Con't)
The City would need $35,000.00 to do the wall Job or will have to blockade
the sidewalk and adjoining area oI'f. A w~lI and railing is needed, and Mr.
Wheaton said it is not a case of doing what the Benders want but get the wall
in, and he mentioned the possibility of a condemnation to acquire the neces-
sary property.
Mayor suggested that the Commissioner o£ Public Works, City Engineer and
City Attorney go to the site and have a look and tell the City Attorney what
is needed.
City Attorney stated he would be in position to go over to the site right
after this meeting is ended.
City Attorney reported on the progress of the gravel pit suit.
City Attorney read Resolution No. 731 as follows:
WHEREAS, there has been filed with the City Council o~' the City of Brem-
erton, a petition to vacate an alley in Plat of Wischhoefer Addition as fol-
lows, to-wit: The alley lying East of Lots 31, 32 and 33, and bounded on the
East by Lot 34; and also the alley lying East of Lot 34 and bounded on the
East by Lots 35, 36 and 37, all in the Plat of Wischhoefer Addition, Kitsap
County, Washington, and
WHEREAS, it appears that said alley as described has never been opened up
or used as such and that it is the intention of the owner oI' all the property
abutting said alley to replat the tract comprising the lots and the alley a-
butting said alley to replat the tract comprising the lots and the alley abut-
ting thereon as hereinabove described and dedicate a street along the South
side of described property; and
WHEREAS, it appears desirable and proper that said petition should be
granted;
NOW, THEREFORE, BE IT RESOLVED by the City Council that said petition be
heard and determined on the 24th day of May, 1950, in the council chamber in
the City Hall in the City of Bremerton; and that the City Clerk will give not-
ice of the pendency of said petition and that a written or printed notice of
said hearing b e posted in three of the most public places in said city and that
a copy of sai~ notice be posted in a conspicuous place on the alley to be vac-
ated.
City Attorney presented the Clerk with Notices of Hearing, Affidavit of
Posing and the ordinance which will be passed after the hearing is held.
Motion by Mr. Kean and Mr. Wheaton to pass Resolution No. 731, carried as
follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. ~neaton, Yes.
City Attorney read OrS nance No. 1877, "An ordinance amending Or~ nance
No. 1792 of the City of Bremerton, entitled '!Zoning Ordinance of the City of
Bremerton," by addin~ thereto a new section 324(a), and declaring an emergency."
(No electrical fences permitted in City Limits).
Motion by Mr. Wheaton and Mr. Kem to adopt Ordinance No. 1877 carried as
follows: Mn Kean, Yes. Mrs. Haddon, Yes. Mr.Wheaton, Yes.
City Attorney read proposed ordinance, first reading, "An ordinance amend-
ing Ordnance No. 1591 as amended by Ordinance No. 1700, byadding thereto a
new section 3(a). (Garage Ordinance-to pro-rate share of foreman's time which
is not charged to specific jobs.)
Motion by Mr. Kean and Mr. Wheaton to approve the ordinance on first read-
ing, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes.
City Attorney read Or~ nance No. 1878, "An ordinance appropriating funds~
for salaries and wages in the Traffic Department in the amount of $1300.00 not
provided for in the budget for the calendar year, and declaring an emergency."
Motion by M~ Kean and Mr. Wheaton to pass Ordinance No. 1878, carried as
follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes.
- Mrs. Haddon stated that while down to Olympia on Monday she talked with
State Examiner Lockwood and he asked about the illegal tr~sfer ol' funds from
the Water Department to the General Fund.
City Attorney said that he had asked the Division of Municipal Corporations
by lettand, and asked what legal right the City had to take ~ from the Water
Department, as that was the recommendation of the examiner in his report. City
Attorney said he had an answer from Mr. Graham of the Division of Municipal Cor-
porations but was not satisfied with it and has written another letter to Mr.
Richardson, a member of the Attorney General's staff, asking for a direct con-
tact with the Attorney General~s Office instead oi' going to the Division for
legal opinions.
Mayor asked what progress is being made on the floats ~t the Second Street
Wharf, and Mrs. Haddon stated she and Mr. Wheaton haven't had a chance to go
down yet and Mr. Wheaton stated it may be possible to go down today. Mayor
mentioned that the barge is loose at the ends and Mr. Wheaton stated it needed
the brackets put on.
4O4
Nay 3, 1950 (Con't)
Nayor asEed if the City Clerk would take care of having call for bids
set up for opening at ll:00 A.M. daylight saving time and Clerk said he would
see that this is taken care of.
Nayor Kean asked about the,~shipment of parking meters and Clerk stated
that he and Captain Phillips have been tal~tng~bout this. It has been esti-
mated that the parking meters would take more room than the Clerk's private
office so that it would appear impossible to 0ring them all in the Eductor.
Nayor commented that the matter should be settled as soon ~s possible as
to whether to ship by regular freight or by the new truck.
Notion by Nr. Kean and Nr. Wheaton to allow all bills if approved by a
majority of the Commissioners, carried.
Clerk mentioned that last year some of the offices in the City Hall took
one-halr hour lunch hours and the employees took off alternate Saturday morn-
ings during the period or daylight saving time ant said he wondered what the
Council's attitude would be to ~oing this again this year. In the discussion
that followed several reasons were suggested by various members o£ the Council
for not following this practice.
Nayor Kean reported that on Nonaay ~e went over to Bainbricge Islandto
the breaEing oi' the ground for the new ferry terminal; also, went to the Naval
Base for change in con,hand ceremonies. He saiC he proposed to leave Friday
to go to Wenatchee ant then be back on Sunaay.
Notion by Nr. Kean and Nrs. Haddon to adjourn, carried.
-- t ' Mayor