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HomeMy WebLinkAbout05/10/50 405 May 10, 1950 Regular me,ting of the City Council of the City of Br~merton, Washing- ton, was held May 10, 1950 at lO:00 o'clock A.M. in the Mayor'~ Officer City Hall, Bremerton. Mayor Kean presiding and Commissioner Haddon, Commission- er Wheaton, City Clerk McGowan, City Treasurer and City Attorney Wallace being present. Motion by Mr. Kean and Mrs. Haddon to approve minutes oi' Hay 3, 1950, as written, carried. Clerk read notices of employment for Robert M. Flavin, $1.50 per hour, Traffic Maintenance; William L. Zinter an~ Morris J. Wooldridge, Pipeman Help- ers, at $1.25 per hour, Water DepartmeMt. Motion by Mr. Kean and Mr. Wheaton to approve the temporary non-civil service appointments as read, carried. Application was read by Clerk for Shuffleboard license at Smoke Shop, 222 First Street, approved by C. Lewis, Chief of Police. Motion by Mr. Kean and Mrs. Haddon to approve the application, carried. Payroll voucher was read by Clerk for period ended April 30, 1950, $35,922. 66, audited by W.~. Vaa. Motion by Mr. Kean and Mrs. haddon to authorize the transfers, carried. Clerk read Change Order No. l, from Fletcher Printing Company, to increase Item No. l~, Gas Truck Permit, 100 to 500, cost to be increased from $7.50 to Motion by Mr. Wheaton and Mr. Kean to approve the change order, carried. Clerk read claim voucher from Hall-Atwater Company, for Estimate No. 7, West Bremerton Plant & Pump Stations, $62,493.90, approved by Howard Gorst, H. W. Kramer, Wendell R. Vaa and City Engineer Severance. Motion by Mr. Wheaton and Mrs~ Haddon to allow the Claim, carried. Clerk read letter dated Nay 8, 1950 from Commander, ~.S. Naval~Base, Brem- erton to the Mayor, enclosing a signed claim voucher'for $1.00 annual payment for use of the Navy Eastpark Defense Housing water facilities for the year com- mencing May l, 1950. Metion by Mr. Kean and Mr. Wheaton to note contents and allow the claim, carried. Letter dated May 5, 1950 from E.0. Lyngstad, 509 S. Hartford to the Mayor and City Council was read by the Clerk, ~rotesting the formation of a garbage dump near Porter and Hartford Streets. Motion by Mrs. Haddon and Mr. Kean to note contents and refer to Mr. Nut- ter, who is building up the proposed sanitary fill, carried. Clerk read letter dated May 3, 1980 from Edgar Best, 2011 Taft Avenue, addressed to the City Council, stating that over a year ago the City Water De- partment put in a circulating water main in front of his property, corner of BOth and Taft Streets and in doing this work they dug up his corner stake, the only corner marked on his property; that he had called the Engineer's Depart- ment several months ago and was informed that in order for the City to do pri- vate surveying it was necessary for him to submit his complaint to the Council ant they would take proper action in the matter, He further requested the City Sake necessary action to replace the corner stake. This was discussed and it was stated that this would not be doing privat~ work because if the water department did remove the marker, then it should be replaced by the City. City Attorney commented that he felt the City could replace the marker; however, Mr. ~eaton said he had not heard of this matter before and would like to make an investigation before anything is done. Motion by Mrs. Haddon and Mr. Kean to refer t h~ letter to the Commission- er of Public Works, carried. Clerk read a copy of a letter which he wrote on May 5, 1950, at the re- quest of the City Council to the East Bremerton Improvement ~lub, explaining the reasons for denying their request to rename Manette Playfield to Earl Har- kins Playfteld. Mr. Wheaton stated that he was at the Club,s last meeting when this let- ter was read and the majority opinion was that the Council had taken the right stand and if this request should come up again it would b~ by petition with suI'ficient s~gnatures. Mayor asked that the contents be noted and copy of the letter be filed. Clerk read Ordinance No. 1879, second reading, "An Orminance amending Ord- inance No. 1591 as amended by Ordinance No. 1700, by adding thereto a new sec- tion 3(a). (pro-rating Garage Foremen's time) 406 May 10, 1950 (Con't) Motion by Mr. Kean and Mr. ~heaton to pass Ordinance No. 1879, as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Del Taylor was present-and verbally stated he was making an application for a lease of City property at the garbage fill and would like to get auth- ority to improve their dump facilities and get permission to bu~ independent logs and bring them over the dump and make facilities to raft them separately from City logs. This would involve building'another log dump. Mayor Kean made some remarks, explaining the request and how it pertains to the present garbage injunction and the proposed manufacturing ~ne. Clerk read a letter addressed to the City Council from McDonald & Taylor, &~Bruckart, Inc., singed by ~elbert ~. Taylor, President, making formal appli- cation to ?l~ease the tidelands owned jointly the the City and Kitsap County not now under lease to Pacific Towboat Company; also the tideland and fill area owned by the City of Bremerton, only, with authority to build certain wood pro- cessing plants and to engage in forest product transactions of all kinds on the site. This lease to cover a ten year period with privilege to renew for an additional ten years. City Attorney stated he couldn't see how such a lease would be harmful and can,t see how anyone could object to using the fill. Log dumps are not prohib- ited there due to closeness of the highway. He said he understood this opera- tion would not interfere with the use of the garbage dumpby the Sanitation De- partment now would it interfere with the clegning up of the dump. Clerk mentioned that one of the logging companies which has been bidding on the raI'ts has indicated an interest in a lease for dumping and booming fsi'ts ana wondered if it would be advisable to call for bids for the lease. City Attorney said he did not believe it would be necessary ~nd ~ayor Kean said that he favored giving Taylor's firm an opportunity for this lease inasmuch as they have shown interest in developing the area and in the past others have only been interested for short periods and then given up dumping logs. Dr. Wheaton said he favored this firm getting a lease and he was interested in receiving a return from the land there. City Attorney advised that under the'present agreemen~ with ~cDonald and Taylor, the City is furnishing the dumping space and some booming ground and he didn't believe that is is necessary for the City to approve any request for making improvements to those particular facilities. He said further that a sur- vey shoula be made so that the property desired can be accurately described and enter into a definite lease for this other private business interprise they are going into. Then determine the rental and let them ma~e application to the Coun- ty. City Attorney suggested that Mr. Taylor go ~ead on the present agreement for the d~ping oi' City logs, then make application to the County Commissioners, and then it would be referred to the City an~ County to ~raw the proper lease ano figure the rental and ascertain the property to be used for booming purposes. Mr. Taylor asked ii' he could use the City dump for other logs than the City's ano the City Attorney stated the intent of the present agreement was for City logs ano it woulo be better to go through the application procedure. Notion by Mr. Kean an~ Mrs. Haodon to approve the procedure as outlined by the City Attorney an~ instruct the City Engineer to prepare the maps as desired by Taylor & McDonald and authorize the City Attorney ~o work with the Prosecut- ing Attorney on any lease with the area~ carried. Clerk reao letter from Chas. C. ~hite, dated May W, i~50, a~dressed to the City Commissioners explaining that he will be out of the City for the next three months ano this will ma~e it impossible to serve as a C~vil Service Commission- er durin~, that period; that the City Council may wish to appoint another Com- missioner to fill t$is vacancy ano the purpose of this letter is to acquaint the Council with the situation in case such action becomes necessary; and t~at upon his return, if the position on the ~ivil Service Commission is unz'illed, he will be happy to serve again. '~ City Attorney explained that this is a temporary absence and not by reason of illness or incapacity and suggested tha$ unless the need arises, he ~ntinue as a Civil Service Commissioner; and that this i$a quali±'ied resignation and should be acknowledged as such, and be informed that this would be a resignation ii' it becomes necessary to have such action taken. Mayor stated he would write ~he letter. ~totion by ~r. Kean and ~rs. Haddon to no~e the contents and refer to the Mayor, carried. Clerk read a letter dated May 9, 1950, from Don W. Clarke, Director, De- partment of Ga~e, to Mr, Casad, stating they are in receipt of ~r. Casad~s letter of May 2, 1950, relative to the passage of water at McKenna Falls on the Union River and they are very happy to know that the City had developed its plans for the storage of water; and they appreciate the cooperation and understanding of the fisheries problems which have arisen because of the lack of water below the city's intake occasioned by the heavy demands of the area. Further, that they will be happy to meet with ~r. Casad and discuss mutual problems in detail an~ asked that they be advised when Mr. Casad believes he has sufficient flow data that they can examine and arrive at a mutually sat- isfactory solution. 407 May 10, 1950 (Con't) Mr. Wheaton asked that the letter be returned to him. Clerk read minutes of-the Investment Board of the City of Bremerton as follows: The.Invest,ent Board of the City of Bremerton met in the Mayor's Office on Wednesday, May lC, 1950 at 9:~0 A.M. with the following being present: May- or Kean, presiding with Mrs. Haddon Mr. Wheaton, City Clerk McGowan, City Treas- urer Nutter and City Auditor Vaa. Minutes of the previous meeting were read and approved on motion by Mra. Haddon and Mr. Wheaton. Treasurer Nutter reported that the Fireman's Pension Board had approved the investment of $5,000.00; Police Pension Board had mpproved the investment of $1,000.00 and the Retirement Board had approved the investment of $15,000. as authorized by the Investment Bca rd on April 12, 1~50, in ser~es G. 2~% bonds. Treasurer Nutter recommended the investment of $20,000.00 from the Cumu- lative Reserve Fund for Water System Improvement in 24% Government Bonds now held by the Current Water Investment Account. Said investment to b e as follows: Principal Premium Accrued Int. 37142B 1967/72 $10,000. ~2-8~'~ 52.08 37145E 1967/72: 10,000. 325.21 52.08 Interest to May 15, 1950. Grand Total $20,754.58 Moved by Commissioner ~heaton, seconded .by City Clerk McGowan that the re- commendation of the Treasurer be concurred in; motion carried unanimously. Moved, seconded and carried that the meeting be adjourned. W.R. Vaa, City Auditor. I hereby certify that this is a true copy of the minutes of the Invest- ment Board held on May lC, 1950. /s/ Wend~tt,R.~Vaa, Secretary Mrs. Haddon asked that a correction be made by addlng to paragraph 3, the following, "in series G 2~ bonds.'~ Motion by Mr. Kean and Mrs. Haddon to acknowledge the letter and express our appreciation for the advice extended, carried. Clerk announced that there will be a bid opening next ~ednesday on two raI'ts, at ll:O0 o'clock A.M. Scale bills are here for one rai't and bills for the other raft will be available on Friday oi' this week. City Treasurer rea~ a letter dated April 26, 1~50, ~hich he had written to Army SeiJas, who represents two pinball companies, American Amusement and Unite~¥~musem®nt, in which he stated that report and remittance for these com- panies were to be in his hands by May $, 1950, or he would proceed with revoc- ation of all licenses for cause. The letter set ibrth the details wherein these companies are behind in their reports and remittances. ~r. Nutter explained that the day after the letter went out he received the remittance from the American Amusement Co, for February, which still leaves ~the month of March for both companies which was supposed to be in his hands o~ Monday. The ordinance provides for revocation of any license for cause or for not complying with the provisions of the ordinance and one of the provisions is that there be a report in the hands of the Treasurer not later than the loth oi' the month following the close of previous month. City Attorney made the comment that he didn't know of anyone who had re- ceived kinder treatment than Mr. SeiJas and.his only defense for being behind has been financial difficulties which is not adequate reason and believe he has been given more than sufI'icient time to make up back payments. Motion by Mr. Kean and Mrs. Haddon to fei'er the matter to the City Attor- ney to go through with the necessary procedure for the revocation of the~lic- ense, carried. City Attorney made a report on the Ralph Amends vs the City of Bremerton case in which the Supreme Court decided in favor of fmuende. Mayor explained that the Bremerton Sun had indicated that Attorney Bryan, 'Jr., had recommended that the city settle this claim ~r $800.00; however, the Mayor said, he believed the Division of Municipal Corporations wanted t he City to go through with the suit as a test because there are other such ~ases in the State of Washington. If the city had paid voluntarily then the City would be faced with other voluntary payments. Mr. Nutter advised that there is about $3400.00 on ol~ L.I.D.'s that could come up. The City Attorney stated he would write the supreme Court for a copy of their decision and that it might be reasonable to petition for a re-hearing and ask other counsel in the State to join, as this decision affects many cities. City Attorne~ read proposed ordinance, "An Ordinance amending Ordinance No. 1781 of the City of Bremerton entitled, "An Ordinance establishing and fixing the boundaries of voting precincts in the City of Bremerton, designat- ing the number of each of said precincts and repealing Ordinance No, 1630 and all other ordinances or parts of ordinances in conflict therewith." Motion by Mr. Kean and Mr. Wheaton to approve on first reading, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. May 10, 1950 (Con't) City Attorney read proposedordinance, "An 0rd nance amending Or~ nance No. 17VV entitled, "An Ordinance regulating andlicensing the business of selling, storing or distributing liquid fuel oil." Motion by Mr. Kean snd Mr. Wheaton to approve on first reading, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. City Attorney read proposedordi~ance, "An or~ nance amending Or~ nance No. 1778, as amended by Ordinance No. 1805,~ said ordinances regulating and licensing the business of selling, installing, altering, repairing and ser- vicing oi' oil burners and oil-bur~ing equipment,t~ Motion by Mr. Kean and Mr. Wheaton to approve on first reading carried. Discussion was held on the Bremerton Baseball Club case which was de- cided in favor of the ball club. City Attorney stated that Judge Ryan is to hold ahearing on the amount of payment and Mr. Wallace suggested that the City Council determine what it might feel as a reasonable offer and that would be the fairest way of set- tling this litigation. Mayor stated that Mr. Wallace had discussed this with him and Mr. Kean said he feels the p~yment of one-third of the cost to the ball club would be reasonable, and would be a figure to negotiat~ from. Motion by Mr. Kean and Mr. Wheaton to authorize t he City Attorney to negotiate a settlement with the Bremerton Baseball Club, carried. Anderson Cove suit came up for discussion and Mayor Kean mentioned that the Judge had rttled in favor of the residents and turned down the rezoning. Mayor said this ruling could relieve .the City of a lot of financial obliga- tions. If the City appealed the case and won, the residents could ask that the City go right ahead and put in the improvements, such as a building, fence, shrubs and fast-growing trees, etc.,~ and the Mayor said he didn't know where the money would come frnnn and pointed out that the financial pic- ture of the City has changed considerably from the time the City was requir- ed to buy all or none of the property and believed the City should abide by the Judge's ruling andput the property up for sale. Mn Wheaton pointed out that the City shoul~ $ aEe a right-of-way strip all the way along t~e Naval Avenue side of Anderson Cove in order to widen that street. He said that he believed funds could be received from the sale of various city lots to raise money for the improvements and that no date has been set for improving the property. Mrs. Haddon stated she feels like the Mayor does on this matter. City Attorney advised that if the City cannot do the improvement, then there is no reason for appeal. Mayor Kean pointed out that indications are that the census would be less than expected and the City would take a terrific beating on its income. Clerk agreed that the financial picture has been changed in the last two months and has changed since the hearing was held on the rezoni~g, and the City is going to have to curtail everything possible in order to get by. Mr. Wheaton made some comments about his shortage of funds to conduct street work, and said if the City cannot afford to have this property im- proved then probably should let it go but again said he felt money could be made a~ailable from sale of other property and that all the City actually needed was ten acres which could be kept for improvement 20 years from now. Motion by Mr. Kean and Mrs. Haddon to authorize the City Ettorney not to appeal and drop the suit, carried, all members voting Yes. Mayor Kem~ asked for a progress report on the Second Street Floats and Mr. V~neaton stated that the City Garage has weldednew hoops on the steel barge and Mrs. Haddon reported that the wooden float will be raised by plac- ing cedar log under it and Del Taylor has pE mised to assist in this. Mayor stated that a request has been made by Rev. Karl Leonard to open an evangelistic center out at Anderson Cove for holding summer meetings in a tent, and nothing has been done on the request while the suit was pending. Mayor asked what the Council wanted to do with the ~equest. Mr. Wheaton commented that he has received three or four requests for the sale of the building and if the City is not going to use it, then it should be sold. Mayor stated that he would withdraw his objection to selling it on-site if the City is going to sell the property at Anderson Cove. Clerk sai~ he had checked on the deed to see if there were any restric- tions covering re-sale of the land and there were none in the deed; however, he said he would check the purchase agreement to see if it contained any restrictions. City Attorney stated that churches are not restricted in Residential I; however, perhaps this is the best time of the year for selling and the CitY might not want anything in there to hurt the sale. Mr. Wheaton said that the City Engineer should be consulted first on this property as the City is planning to put a storm sewer through there and suggested the matter be referred back to the City Enginee~ and the Committee of the Whole for some decision as to what should be dedicated to the City first for street and sewer purposes and then what is left be put up fore, sale. 400 May 10, 1950 (eon't) City Attorney stated he would recommend the Council sell A~derson Cove in one piece and that a tent on it might hinder the sale. Mayor Kean said that he assumed from the attitude of the Council members that Anderson Cove would not be used,for the purposes of a tent. Mr. Severance, who was present at th~ time, advised that all sewers are off-street and that he concurred in the recommendation of the Attorney that nothing be put on it at this time. City E~gineer brought up the matter of acquiring right-of-way for the bridge and reported that the committee appointed by the Coun~ I has looked over the property needed. It waslbrought out that before the owners ~ ll give deeds, they ~esire rezoning to commercial. City Attorzey stated that the committee recommends zoning commercial to 14th Street in order to get bridge money and the ap- proach and secure the deeds. He stated that Mr. Mitchell has asked for re- zoning all the way to Eastpark entrance, but Planning Commission is not in favor of zoning any portion north of 14th Street to commercial. Attorney said further~that the City needs money for the bulkhead and he can't see any particular harm in zoning up to 14th Street and that is what the majority of the property owners over there want; and that the only objection in the Plan- ning Commission to rezoning is that they feel there is too much commercial area in this City at the present time. ~uestion was raised by the Mayor as to whether the deeds which had been in escrow are still good and Mr. Severance recommended contacting the property owners again, and Mayor agreed that this would b e the proper procedure. City Attorney offered a suggestion that a special meeting be held with the Planning Commission and state the City's problem to them. Mr. Severance advised that the Planning Commission has gone on record that they will rezone to 13th Street. Mayor then asked Mr. Wheaten and Mr. Severance if they vo ul~make the con- tact ~[th the owners about the deeds andt hey agreed to go this afternoon and the City Attorney agreed to draw up something for the people to sign. Discussion was held as to whether to go to 13th Street or lath Street and City Attorney stated it should go to 14th Street in order to take in the corner. Mr. Kean, Mr. Wheaten and Mrs. Haddon all stated they.would be willing to go to lath Street I'or rezoning. Motion by Mr. Kean and Mrs. Haddon to announce their intention of rezon- ing up to 14th Street in an attempt to negotiate with the State of°Washington on the widening of that street and construction of a bulkhead, carried. Mayor Keau inquired ~hether there was an emergency on this matter and discussion ensued. It appeared that something should be done soon in order to press the State for the wall work. Attorney stated that in drafting the Letter for contacting the property owners, he would put in that the deeds would be good for 60 days from today. This would give ~mp~ef~i~e for handling the ordinance. ~el Taylor re-entered the Council room and stated he would like to make application for the dump being used by Buchanan and.offered $18.00 per month. It was not definite whether or not the lease held by Buchanan had ex- pired; however, it was pointed out that when Mr. Taylor leases the garbage dump site and tidelands from City-County, this particular dump site would be included in that area. Motion by Mr. Kea~ and Mr. Wheaten that if the other lease is e~pired that the offer of Taylor, McDonald and Bruchert, Incorporated, be accepted and lease tb~them for $15.00 per month on a month-to-month bas~s, carried. Motion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a majority oi' the Commissioners, carried. Motion by Mr. Keau and Mr. Wheaten to adjourn, carried. APPROVED: City Clerk Mayor