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HomeMy WebLinkAbout05/17/50 May 1V, 1950 Regular meeting of the City Council of the City of Bremerton, Washing- ton was helm Nednesd~y, May 17, 1950 at ten o'clock A.M. in the Mayor's of- lice, City Hall, Bremerton, Washington. Mayor Kean presiding and Commiss- ioner Haddon, Commissioner Wheaton, City Clerk McGowan, City Treasurer Nutter ann City Attorney Wallace being present. Motion by Mr. Kean and Mrs. Haddon t~ approve minutes o~~ May 10, 1950 as written, carried. A delegation was present from the Bremerton Junior Chamber oi' Commerce as follows: Austin Clark, Jack Mandeville, Martin Hotvet, Robert F. Smith, Sgt. M.B. Miller, Jim Ayotte. Austin Clark spoke for the group and stated the Junior Chamber oi' Com- merce was interested in legalization to some extent of dancing and entertain- ment in premises licensed for the sale of beer, wine and spirituous liquor, in order to attract tourist trade and provide entertainment for naval person- nel who now travel to adjacent communities for such activities. Mr. Clark presented a resolution oi' the Junior Chamber setting forth their reasons for making this request. Attached to the resolution was a pro- posed orminance. In response to question by the Mayor, Mr. Clark explained they had made a survey of other cities and had obtained copies of their ordinances and then had made a composite ordinance, leaving in the best controls they could get from these other ordinances. Also~ that the federal tax of 20% would have to be paid; and that some establishments had indicated an interest in this mat- ter, others would not be able to enter this field immediately but may event- ually; and still others were neutral toward the matter. Mr. Clark answered the Mayor further that this would require supervision but should be responsibility of the operator of the establishment; also, had learned indirectly that the liquor board does not control this but would want to be appraised whenever it would become effective. Mayor asked if the committee had any comments on penny arcades or shoot- ing galleries and Mr. Clark stated they had not considered these two l'ields oi' entertainment. Mr. Mandeville co:mmented that they ~ave .tried to recommend through the ordinance that the entertainment would be on a high level.and controlled. Mrs. Haddon a seed why these young men were backing this proposal. Mr. Hotvet answered that this is strictly a business proposition. ~his is for entertainment of naval personnel and there are no personalties ~nvolved. Mr. ~eaton suggested that before any decision is made that surrounding cities be contacted to see how their ordinance is operating because they may have an ordinance but are not working %t, or may not be workable, also, be- lieve~ there woulm be extra policing required. Sgt. M.B. Miller spoke from the servicemen's standpoint and stated it was needed for their entertainment. Mr. Hanson, a visitor to the Council, stated he did not believe there were enough servicemen stationed here to warrant this type of entertainment from the financial side. Mayor Kean stated that the City Council would take this under advisement. Clerk read no~ices o£ employment for Charles McFarlane, $210.00 per month, Cemetery; Ethel C. Nystrom, $185.00 per month,,Oon Brooking, Rufino Ross, both $1.25 per hour, Arthur LaRose, $1~25 per hour, Water Department. Motion by Mr. Kean and Mr. Wheaton to approve the temporary non-Civil Service appointments as read, carried. Change in pay status read for Lester ~orcoran, Sr., from $1.~5 per tour to $2~.00 per month, Water Department; Arnold Halpern, $245.00 to $260.00 per month, Park and Recreation Department. Motion by Mr. Keaa anm Mr. Wheaton to approve the changes in pay status, carried. Clerk read notice of reinstatement, Oliver W. Jackson, reinstated by order of the Civil Service Commission after 2 weeks suspension, not to drive city equipment, from $1.~8 to $1.42 per hour, Sanitation E~partment. Motion by Mrs. Haddon and mr. ~heaton to approve Civil Service Recom- mendation, carried. Claim for damages was read by Clerk from H.J. Theisen, Rt. ~, Box 517, Port Orchard, filed May ll, 1~50, for damage caused to his car when he hit a garbage truck on PSH 14,on April 15, 19S0, amounting to $2§~.1~ and $100.00 for loss of time and medical expense. Clerk explained that this has been reported to the insurance company and they stated they have settled with the lady passenger. Clerk said he midn,t know under what grounds they made this settlement exactly but she was a guest in the car. 411 May 17, 1950 (Con't) City Attorney stated that on behalI' of the City he had made a claim for d~nages against Er. Thelsen's insurance company for damage to the city vehicle and recommended that thi~ claim be submitted to the insurance company and the Council wait any action by the insurance company. Motion by Mr. Kean and Mr. Wheaton to refer the claim to the Insurance Company, carried. City'Attorney stated that Oliver Jackson, the operator of the garbage truck which was involved in the foregoing mentigned accident, was given a $15.00 ticket by Mr. Liner of the Washington State Patrol for operating faulty equipment but Mr. Jackson claims his truck was operating O.K., and that the indicator on the dashboard was operating, showing his tail ligh~ was on. Mr. Bill Cook of the Teasmster's Union has asked who is going to pay the ticket charges, or if the City is going to defend Mr. Jackson. City Attorney commented that the defective equipment arose from the re- sults of the accident and the question is whether he should hire an attorney or whether the City Attorney should be delegated to defend him. M~ Wallace sai~ he had no objection to defending Mr. Jackson ~nd believes it is the City,s responsibility, an~ suggested that he ~e authorized to defend him in Justice Court. Notion by Mr. Kean and ~rs. Haddon to refer this matter to the City At- torney and request that he defend ~r. Jackson, carried. CLerk stated he ~ad told Insurance Agent Giles that the City was not being advised as t o settlements they were making on claims for damages and ~r. Giles has submitted the following: Paid Nfs. J.D. Randall, $Z.09; K.L. Rathbun, $8.70; Samuel Hardy, ~ 9.~8; Naxine Rockwell, $1ES.00(she was the passenger in the car driven by H.J. Thiesen). Clerk said that all of these, except the $1~8. pa~uent, will come under ~he $$0.00 deductibe provision in the City's policy. ~ayor ordered contents noted an~ feZ'erred to the City Attorney. Letter was read by Clerk from Buchanan Lumber Company, dated ~ay 10, 19~0, asking~for~ temlnation oI~ their lea~e at the sanitary cump as o~' April ~0, 19B0, as~uncerstand that other parties wish to use this dump. This was discussed and it was b~ought out that McDonald, Taylor & Bruckart Inc., de- sire to use this dump and would ta~e up the lease as oI~ the date Buchanan would let it go? ~otion by ~r. Kean and ~r. Wheaton to accept cancellation of the lease, carried. Clerk read letter dated May 2, 19~0, from John 0~ Merkel, Secretary, Bremerton City Planning Commission, enclosing a copy of their Resolution which has been forwarded to the Kitsap County Planning Commission and the Board of County Commissioners. This resolution asked that the Board of County Commissioners of Kitsap County zone industrial the area at the head-of-~h$- Bay owned jointly by the City and County and the area owned by the City known as Anderson Creek Tideflats. Motion by Mr. Kean and Mrs. Haddon to note contents and file, carried. Letter dated May ll, 1~80, was read by Clerk from Charles Lewis, Chief of Police, to the City Council, recommending that the licenses of United and American Amusement Companies be revoked for not having paid their percent- ages to the City as required by Ordinance No. l~S1. City Attorney recommended that Army Seijas, representative of thase two companies, be requested to report on the 2Ath day of May to the Council and have a hearing on the revokation of the licenses. If he is then current, the City Attorney stated he would then recommend the licenses not be revoked. Motion by Mr. Kean and Mrs. naddon to set the date of May 2~, 1~0 at lO:~0 A.M. for th? hearing, carried. Letter was read by Clerk from the Railroad Ticket Office asking that the parking meter in front oI~ their establishment be changed to a 12-minute ~ ne. Motion by Mr. Kean and Mr. Wheaton to refer the request to the Traffic Division, carried. Clerk read a copy of Hesolution of Withdrawal, dated May 8, 19O0, and signed by Kitsap County Board of County Commissioners. This resolution ~&- scribed an area now in ~he City which was a part of the Phinney Bay Wat®~ District and resolved that th~ area be withdrawn from the Phinney Bay Water District. City Attorney made the comment that there still remains ~he problem of transferring the ownership of the water meters in this area to the City of Bremerton and stated he would contact Marion Garland and work out the method whereby the City would acquire title to the meters and pipe lines. Motion by Mr. Wheaton and ~r. A~ean to note contents an~ roi'er to the City Attorney who can work together-with the City Engineer on checking the de- scription, carried. May 17, 1950 (Con't) Clerk stated it was date and time for opening bids on the sale of two log log rai'ts and that several bids have been received. Motion by Mr. Kean and Mrs. Haddon to open the bids, carried. Bids were opened by Clerk and read from: Defiance Mill Company, Raft #5, $6885.00, certified check for $688.50 enclosed; Raft #6, $7530.00, certified check for $753.00 enclosed. nobinson Plywood and Timber Companu, combined bid $14053.17, certified check for $1405.32 enclosed. Tacoma Harbor Lumber & Timber Company, Raft #5, $6586.78, and certified check for $658.58 enclosed, Raft #6, $7255.89, and certified check for $725. 59 enclosed. Siler Mill Company, Raft #5~ $7116.18 and check enclosed for ~711.62, Raft #6, $8310.99 and check for $831.10 enclosed. Mr. Cecil of Siler Mill Company explained his reasons for not having ob- tained certified checks but promised to obtain a certified check before mov- ing the logs, if he was awarded the bid. Mr. Cecil also agreed to pay by the day after tomorrow and move the rafts as soon as the weather permits, but in no event before payment is made. Motion by Mr. Kean and Mr. Wheaton to award the bid to Siler Mill Com- pany, carried. Clerk stated this was date and ime for opening bids for furnishing 3 z~ad oil to the Street Department and one bid ha~ been received. Motion by Mr. Kean and Mrs. Haddon to open the bid, carried. Clerk opened bid and read from Bremerton 0il Delivery, $3.5? per barrel applied on roads, plus .ll sales tax on oil only, and service changes add $1.50 per barrel. Delivered into City's storage tank-S3.5? per barrel, plus .ll sales tax and barging, heating and delivery add .90, total $4.58 per bar- rel. Check for $50.00 enclosed. Motion by Mr. Wheaton and Mr. Kean to accept the bid, carried. Clerk read letter dated May 10, 1950 to the Mayor from International Brotherhood oI' Electrical Workers, Bremerton, which stated that their Local Union #5?4 had discussed and approved of the City commissioners acting as they did in banning the erection of electric fences in the City. Mayor Kean ordered the contents noted and letter filed& The matter of the proposed lease between the City and McDonald, Taylor and Buckart, Inc., for the log dump site previously had by Buchanan Lumber Company, was again brought up and City Attorney stated that since this use would only be temporary he would suggest that the City not negotiate a lease but allow them to use the site on a month to month basis. Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and allow the use of this site on a month to month basis from the first of May at the sum of $12.50 per month, carried. Clerk read Ordinance No. 1880, second reading, "An ordinance amending Ordinance No. 1VS1 of the City of Bremerton entitled, "An ordinance estab- lishing and fixing the boundaries of voting precincts in the City of Brem- erton, designating the munber of each oI' said precincts and repealing Ordin- ance No. 1630 and all other ordinances or parts of ordinances in conflict therewith." Motion by Mr. Kean snd Mrs. Haddon to pass the ordinance on second read- ing, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Clerk read Ordinance No. 1881, second reading, "An Ordinance amending Ordinance No. 1VVV entitled, "An ordinance regulating and licensing the bus- iness o£ selling, storing or distributing liquid fuel oil." Motion by Mr. Kean and Mr. Wheaton to pass the ordinance on second read- ing carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Clerk read Ordinance No. 1882, second reading, "An ordinance amending Or~inanc® No. 1778, as amended by Ordinance No. 1805, said Ordinances regu- lating and licensing the business of selling, installing, altering, repair- ing and servicing of oil burners an~ oil-burning equipment." Motion by Mr. Kean and M~Wheaton to pass the ordinance on second read- ing carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. City Attorney stated that he had a request from the City Auditor to prepare an ordinance establishing the North Perry Avenue Water Reserve Fund but he did not have it ready for this meeting; however, he will have it at the next meeting. He stated that the first amount to be put in this fund had been received. Motion by Mr. Kean and Mrs. Haddon to note the progress report of the City Attorney, carried. City Attorney reported that a settlement had been ma~e with the Bremer- ton Baseball Club case of $2500.00 plus $29.80 costs and that the judgement should reach the City shortly. May 17, 1950 (Con't) City Attorney stated the garbage dump case was to come up in court this afternoon and he would need witnesses who could testify as to the 'length of time needed for the City to secure another site. Nrs. Haddon commented that she had been disappointed with the outcome of the dump site previously chosen and she has not chosen another site yet; also, that she had asked the Prosecuting Attorney I'or a suggestion and he had suggested an area at Hogan's property out towards Belfair. Nayor brought up the proposed site near the coal dock area at Sheridan Park where the City could reclaim considerable land, anm City Attorney com- mented that he believed there would be considerable protest from past exper- ience. Nayor Kean stated that in ~rder to avoid any mis~uderstanding, it is fortunate that the area at Sheridan Park is almost in front of Jimmy Monroe'~ house anm this suggestion is not made as a retaliatory measure but the City needs a place to dump and if the City cannot improve land outside of the City, then an attempt should be made to improve some of the City's oM Land, and if it could be done under proper health conditions, Nayor believed the City should be allowed to try it. County Commissioner Klinefelter,~who was present at this time', told about County garbage sites and Nayor asked about a site on Trenton Avenue. Klinefelter stated he thought it would be a good area but would have to get covering from private owners. City Attorney suggested figuring on a long-range basis in getting a dump and have the proposed site examined by all concerned. Also~ discussion was held on the County Ordinance wherein it prohibits dumping within 800 feet of the highway and City Attorney made the comment he would like to see this ord- inance amended and continue dumping at Gorst. Dr. Shirley Benham, County Health Officer, entered the Council Room and the Nayor askedhim where the City might go I'or a garbage dump. Dr. Benham suggested an area near the County Airport vhere there is no particular drain- age. Nayor Kean asked Dr. Benham to go over to the coal dock area and make survey and recommendation to the City Council as to what the City might do. Commissioner ~¥heaton suggested investigating the method Seattle is using to ma~e fills in the City. Nayor Kean stated that he was reluctant to have a longer haul for gar- bage than necessary. Nayor Kea~ suggested that the City ask for ninety days to continue at the present dump and this was agreed upon by the other com- missioners. Commissioner Klinefel~er of the County Board of Commissioners stated that the proposed ~ease desired for part of the Head-of-the-Bayarea by Donald, Taylor and Bruckart, Inc., ham been approved by the County Board pending approval by the City Attorney and County Prosecuting Attorney Nunro. He said the Commissioners of the County have gone on record as approv- ing the lease, with rental at $280.00 per year for this land. The lease would be for ten years. ~£~is would only entail moorage of logs and later on ii' it is zoned inmustrial~ ~hey could put in an industrial plant. Nayor Kean pointed out that the useable area is less than one-third of that now being used by the Pacific Towboat Company. Del Taylor explained ~at in regarm to the termination clause, ~he in- stallation Ohey would put in on the garbage fill would be valuless if they ~id not have the tidelands requested, anm douOt ii' the cost could be written off in 'bwelve years. His request Wms for a ten-year lease with option to re- new for ten years anm he saim he would be willing to go I'or five years at this rental fee anm ~hen woulm be willing to re-negotiate for the price to be paid at the enm of the five years, but the lease itself to be for ten years and right to extend for ten years more. Mayor Kean pointed out for the record that Mr. Klinefelter has been ap- pointed by the County Commissioners to act on the lease for that Board. ~o$~on~by Nr. Ke~ and Nfs. Haddon to authorize the City Attorney to dra~ up a lease in conjunction with the County Prosecuting Attorney for a term of ten years with option for extension or another ten years, the rental to be $~80.00 per year, $1~8.00 to each of the parties, for the first five years and the rental may be re-negotiated at the enm of Ohe I'ive years~ carried. City Attorney ream proposed lease between City and the Bremerton Hot Stove League, Inc., for baseball games at the Roosevelt Field, for one yea~~ co~m~encing Nay l, l~00. Lease set I'orth all the terms and rentals. ~otion by ~r. Kean and Mrs. Haddon to approve the lease and authorize the ~ayor and City Clerk to sign the same, carried. Nrs. Haddon stated she had a request from Bert Niddendorf for a leas~ granting him permission to use the Second Street Wharf for the purpose of catching live bait. Terms are 10% of the first mont~ and ~0% of subsequent months, on a month to month basis. Notion by Nrs. Haddon and Nr. ~heaton that the City Attorney b e author- ized to mraw up a lease With Bert Middendorf on the basis mentioned, carried. 4'1_4 May 17, 1~50 (Con't) Mr. Severance, City Engineer, stated that the area on ~infield is not ready for zoning yet as have need oI' deed from R.L. Lursen; ana that some- one hag ma~e an agreement with Mr. Lursen last September to fill his lo~s; however, this is not possi01e to do and Mr. Lursen has been inI'ormed of this. Mr. Severance stated he hag suggested as a counter-proposal to give a fill not to exceed 500 yards in exchange for the deed. Mr. Lursen was out of town last' weekend and has not been told oI~ ~he counter-proposal. Mr. Kean suggested that if Mr. Lursen is agreeable to settle for the 500 yards of fill dirt, then Mr. Severance can take up the rezoning with the Planning Commission. Clerk stated he had received a bid for furnishing road oil at 12,:05 P.M. from Shell 0il Company and it is past the time allowed for receiving such bids. Motion by Mr. Kean and Mr. Wheaton to reject the bid unopened and return it to the bidder, carried. Dr. Benham introduced to the ~ouncil members, Dr~ Munger who is going to be Health Officer in Lewis County. Motion by Mr. Kean and Mrs. Haddon that all bills be allowed if approv- ed by a majority of the commissioners, carried. Motion by Mrs. Haddon and Mr. Ke~ to adjourn, carried. APPROVED: ~ity Clerk Mayor