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HomeMy WebLinkAbout10/11/50 October 11, 1980 Regular meeting of the City Council of the City of Bremerton, Washing- ton, was held Wednesday, October 11, 1980, at 10:00 o'clock A.M. in the May- or's Office, City Hall, Bremerton. Mayor Kean presiding and Commiss.ioner Haddon, Commissioner Wheaton, City Clerk McGowan, City Treasurer Nutte~ and City Attorney Wallace being present. Motion by Mr. Kean and Mrs. Haddon to approve the minutes of the regular and special meetings held October 4, 1980, as written, carried. Separations were read by Clerk for Harry Peterson, Sanitation Department; Charles H. 0denwald, Traffic Maintenance Department; Cherlie G. Bunce and Em- met Braun, Water Department. Motion by ~r. Kean and Mr. Wheato~ to approve the separations, carried. ~ployments were read by Clerk for ,Grace Gardner, $1.28 per hour, Clerk's Office; Charles H. 0denwald, $1.74 per hour, Garage; William D. Meyer, $1.3§ per hour, Emmett H. Braun, $228.00 per month, Clifford N. Aardahl, $228.00 per month; James C. Griffin, $228.00 per month, Joshua Gardner, $1.38 per hour Water Department. Motion by Mr. Wheaton and Mr. Kean to approve the employments, carried. Clerk read payroll voucher tot period ended September 30, 1950 for $38, 491.87. Motion by Mr. Kean and Mr. Wheaton to approve the voucher, carried. Clerk presented a claim for damages f~om L.A. Flodin for alleged acci- dent occuring on September 8, 19§0, causing $16.48 to his car by a city truck. Claim filed with the City Clerk on October 10, 1950, and Clerk called atten- tion to the fact that the claim was filed after the 30 day filing period al- lowed by the city. Clerk also stated that the insurance company was notified of this accident on the day of its occurrence. City Attorney advised the claim should be referred to the insurance with- out any action of the Cotmcil. Motion by Mr. Kean and Mr. Wheaton to refer the matter to the Insurance Company, carried. Claim was made sometime ago, the Clerk reported, through the insurance claims service, for paint spray damage alleged to have been caused by the city to a car parked on ~acific Avenue. 'l~is claim comes under the City's deductible property damage policy. Clerk read a letter dated October 6, 1950, to the City of Bremerton from the Insurance Claims Service, asking if the City had completed its investi- gation of the c asa and requesting that they be advised. City Attorney stated there was a question as to the legality of the claim filed by the insurance company unless the claimant could show his in- ability to make ,the claim himself. Clerk suggested he could contact the city's insurance company and see what they have done. Mayor reminded the Council that the investigation made by the Gity indi- cated the Traffic ~aln~enance Division could not have sprayed the car. City Attorney recommenGed that the Council ask the insurance company of the city to take no action and the claim be denied. Motion by Mr. Kean and Mr. Wheaton to deny the claim, carried. Clerk read claim voucher from Colttmbia Equipment Company for $1042.8B for the delivery of a Miller Spreader to the Street Department. Claim approved by J.L. Hatfield, Street Superintendent, and audited by W.R. Vaa. Motion,by Mr. Wheaton and Mr. Kean to allow the claim, carried. Claim voucher was read by Clerk from Lent's for Estimate No. 2, LID-242 for $8,440.~8, approved by City Engineer E.W. Severance anG audited by W.R. Vaa. Motion by Mr. Wheaton and Mr. Kean to allow the claim, carried. Clerk read letter dated October 10, l~BO from Ca~tain T.K. Phillips, Traffic Division, recommending that one 1942 Harley Davidson Motorcycle, three- wheel, Motor No. 42-G-9335, be declared surplus and offered for sale, due to the age, mileage and needed repairs. Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and declare it surplus and refer to the City Clank and Purchasing Agent for dis- posal, to the best interest of the City, carried. Clerk stated he had three letters From the Chief of Police recommending revokation of taxi driver licenses for the following because of past criminal record and recent violation of the State Liquor Law: Edward Erline Kvistad, Calvin Sinclair Christy, and AndrewArchy Wang. October 11, 1~50 (Con't) Notion by Mr. Kean and Mr. Wheaton to concur in the recommendation and set the date for hearing two weeks from today, Wednesday, October 25, 1~50 at ll:00 A.M., carried. Clerk asked for authorization to cal~ for bids for printing needs for next year ands tared that he may have to make it in two separate calls in order to take care of certain need~ required before the first of the year. Notion by N~. Keen and Nfs. Haddon to authorize the City Clerk to call for printing bids as needed, carried. Nayor Kean mentioned that specifications for next year's supplies should be prepared in advance so that there is no hurry a.t the first of the year in calling for bids and making the awards. City Attorney read Resilution Nod 781 as follows: WHEREAS, the City of Bremerton is the owner of property situate in Kitsap Count~ Washington, legally known and describe~ as follows, to-wit: The South half of the Northeast quarter of the Northeast quarter of Section 2, Township 2Z North, Range i West, W.N.~ and ~EREAS, Kathryn Therese NcCormick is the owner of property in Kttsap County, Washington, legally knov~ and described as follows, to-wit: The North one-half of the Northwest quarter of the Northeast quarter, Section 2, Township 2~ North Range i West, W.N.; and WHEREAS, it appears that the property owned by Kathryn Therese NcC0rmick if acquired by the City of Bremerton would afford protect'on to the Twin Lakes area and the portion of the Bremerton Watershed adjoining, and that the proper- ~ty owned by the City of Bre~e~.ton does not afford such protection and that s aid tracts are of approximately equal value; now, therefore, BE IT RESOLVED that the City of Bremerton exchange its property described as The South half of the Northeast quarter of the Northeast ~quarter of Section 2, Township 2~ North, Range i W~st, W.N., Kitsap County, Washington; with Kath~yn Therese NcCormick, a single woman, by the execution and delivery of a proper deed from the City of Bremerton, signe~ by the Nayor and City Clerk, and to accept from Kathryn Therese NcCormick a deed to the property in her name, said exchange of deeds to be without the payment of consideration on the part of either of the parties. Notion by Nr. Wheaton and ~r. Keen to pass Resolution No. 7~1, carried as follows: Nr. Kean, Yes. Nfs. Haddon, Yes. Nr. Wheaton, Yes. Nr. Wallace presented a Summons anC Complaint in ~he case of Rudolph C. Huen and Cecelia Huen vs the City of Bremerton for injuries to Nfs. Huen oc- curing when whe fell on a city sidewal, and stated at the direction of the City Council he would pass it on to the insurance company. Nr. Wheaton commented that the City needed some ordinance ma~Ing the property owners responsible for their sidewalk for repair and upkeep and it was stated that the l~B Session Laws allowed this to be done. ~r. Wallace stated he d~d not read the law that way fer existing side- walks but woul~ chec~ with any city in the state that might have this type of ordinance. City Cler~ said he had some information in his oI'fice ~ich might be of help. Notion by Nr. Kean anQ Nr. Wheaton to note the filing and refer to the City Attorney for appropriate action, carried. ~ City Attorney reported on a game known as "Fascination" and read a para- graph from a letter of the Attorney General in which it was stated that under certain conditions the game might be termed legal. Nr. Wallace then rea~ from the Yakima ordinance on this game. Nayor Keen stated ~hat this game is similar to bingo and ~eeno and would be as bad or worse than pinball games. City Attorney commented that it would be very ~iITicult to say that it is legal and that it would be bad to have an expensive installation of the game made and then have it found illegal. City Attorney stated that Judge Ryan of Kitsap County Superior Court has issued a Judgment in the case of Joe Colton vs the Flremen's Fension F~nd in favor o~~ Colton in the amount of $1,~B8.00. Nr. Wallace explained his reasons for not agreeing with this judgment ~nd stated he woul~ like to argue a mo~i~nu for a new trial an~ object to the findings. He also stated that the whole firemen's pension laws should be reviewed by the Supreme Court due to their complexity. Notion by Nr. Keen and ~. Wheaton to accept Ohe report and authorize the City Attorney to ~axe any steps necessary in the prosecution of the case, car- ried. 5il October ll, 1950 (Cch't) Discussion was held on the difficulty of interpreting the Firemen's laws and the Policemen's laws. Nayor ~asked Senator Jack Rogers, who was present, iffhe had any comment, and stated that the Association of Washington Cities had attempted, every leg- islative year to straighten o~t these laws. Senator Rogers concurred in this remark ann discussed the legislative efforts made to clarify the firemen's pension law. Mrs. Haddon reported that she hadn't had an opportunity to study over the proposed garbage ordinance. City Attorney suggested that the passage of the ordinance be timed to fit in with the billing of the garbage collection accounts. Mayor Kean stated the recommendation on this ordinance should come from ~rs. naddon and Fred Walker, and City Attorney said he would need f,urther in- formation from Mrs. Haddon or the Council. Mrs. Haddon reported on t~e trip made yesterday by herself and Mr. Nut- ter to Aberdeen where they ~iscussed with the city officials punch board licenses and business and occupation tax, and learned of several points which may be adopted by the City in the business and occupation o.rd~nance to make it more workable. Mrs. Haddon and l~r. Nutter discussed these points at some length. Mayor suggested that the various pro~islons, which it ~s found advisable to change, should be corrected in the ordinance before it goes befor~ the people for a vote. City Attorney stated he had received two proposed amendments to the ord- inance. Howard Mc~A~n, in the insurance business in Bremerton~ appeared before the Council ,and called attention ~o the fact that the r ate for the insurance business in business and occupation tax ordinance was much higher than in other cities having a similar tax. He cited the tax rate in Seattle of .OO1 and Longview of .002, and stated that their rates are set by the State of Washington and, therefore, could not be raised by local firms. He satdthiS objections was to the rate and not the tax. ~ayor Kean s tared this could be made a matter of study before the or d- Inance went into effect. Mr. Wheaton ~iscussed the problem which hunters are creating on the watershed, in that they are allowed to c~ss ~he watershed ,~o get to their destination .on private lands, but instead of crossing they linger and have been hunting on the watershed, thereby creating a hazard to the water supply. Mr. Casad, who was present, also spoke on this subject and s tared that much of the hazard could be eliminate~ if the ~tate Game Department had given some publicity to their ruling that the watershed could be protected by the City. Mr. Casad spoke of the need for fencing the watershed area. Mayor Kean commented that there is enough time Nefore the open season on does to contact the Game Department and other state departments involved and work out whatever is necessary, and suggested that the state depart~ents~ such as Forestry, be contacted for cooperation in closing out their lands to hunt- erSe Mr. Casad said they will cqntrol it in the best way this year and then in the I~ture have the fence installed. · Mr. Casad stated the City inherited, from the government, two water tanks in ViewRidge, one of which the city has used constantly and the other, on Sylvan Way, has ~ot been used since ViewHidge was abandoned. He said the Sylvan Way tank complicates their pumping when used by the City and he re- commended that the City rent the ~ank to the North Perry Avenue Water Dis- trict, wi~ the provision that the City Have use of it in emergencies and the right to take it back when needed. City Attorney stated he had made the recommendation that the district purchase the tank ~ecause he understood the City had no use for it in its system and that if kept, ~he City might have to pay out for repair or dis- mantling. Mayor said he favored the City Attorney,s recommendation in order to avoid costly repairs in the future, should the district rent it and not keep it up. Further discussion was held along thses same lines. Motion by Mr. Kean and Mrs. naddon to re-refer the matter ~ack $o the Commissioner of Public Works and the Water Superintendent for further study and recommendation, carried. M~. Evans of the Evans D~ tributing Company, 1724 Fi~th Street, stated he handled punch boards in the city and county and offered to assist the Council in setting up a licensing ordinance. Discussion was held with questions being asked Mr. Evans on various phases oi' a license ordinance. October 11, 1950 (Con't) Clerk stated it was date and time for hearing on the preliminary assess- ment roll of local improvement district on Hat,ins Street from Winfield to Pitt Avenue from E. llth to 210 feet North of the centerline of E. llth Street by construction of concrete curbs and gutters, and no w~ten protests had been received and no one was present to protes$. City Engineer Severance recommended that the Council adopt the maps, Plans and specifications for the improvement and create the improvement. Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and Clerk to read the ordinances, carried. Clerk read Ordinance No. 1902, "An Ordinance approving and adopting the maps, plans and specifications forthe improvement of Harkins Street from Winfield to Pitt and Pitt Avenue from E. llth to 210 feet north of the center- line of E. llth Street, by clearing, grubbing, grading for and construction of concrete curbs and gutters."~ Mayor Kean asked ii' this was the improvement in the district With the assessed valuation and Mr. Wheaton said it was. Clerk stated he objected to this district because if the area was worth enough to pave the street, the property owners should request the ASsessor to re-appraise the property and raise the assessed v~l~ation. Mr. Wheaton pointed out that mose of the aree~enta~ property and the owners would not be willing to have the valuation raised, even though the renters desire the improvement. Mr. Severance pointed out the trouble is in the local improvement law and that in other states where he has been employed, an improvement of this kind could be done. He said this Job is all that can be done under the pre- sent valuations and the law. Mobion by Mr. Wheaton and Mr. Kean to pass Ordinance No. 190~, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. ~ Clerk read Ordinance No. l~O~, "An Ordinance providing for the improve- ment of Harkins Street from Winfield to Pitt and Pitt Avenue from E. llth to 210 feet north of the centerline of E. llth Street by clearing, grubbing, grading for and construction of concrete curbs and gutters, all in accord- ance with the maps, plans and specifications on file in the office o~' the City Clerk, establishing an improvement district, providing for the levying of assessments for the payment of such improvement and making such improvement payable by bonds." Motion by Mr. Kean and Mr. Wheaton to pass Ordinance No. 1~08, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Motion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a majority of the commissioners, carried. Mayor'Kean stated the opening bridge ceremonies for the Tacoma Narrows Bridge will be this Saturday, and he has been invited to attend and would like to take a City car. Mr. Wheaton stated he is leaving for New York this Saturday to attend the annual national conference of the Municipal Public Works officials, and he will be back before the first of November. Mrs. Had~on reported that a five dollar gold piece had been found in the parking meter money yesterday and it is being held by the City Treasurer. Motion by Mr. Kean and Mr. Wheaton to adjourn, carried. APPROVED: City Clerk Mayor