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HomeMy WebLinkAbout05/04/49t60 May 4, 1949 Regular meeting of the City 6ouncil of the City or Bremerton was held May 4, 1949 at ten otclock A.M. in the Mayor's office, City Hall, Bremerton. Mayor Kean presiding; Commissioner Wheaton, City Treasurer and the City Attorney being present. Motion by Mr. Kean and Er. Wheaton to approve minutes of previous meeting of April 27, 1949 as written carried. Mayor handed over tO City Clerk rot holding in his office the letter and petition which had been submitted April 2V, 1949 by North Side Improvement Club relative to ~e - zoning in their area. Mayor asked City Clerk to hold the cor- respondence until after the Planning and Zoning Commission held their public hearing as there was nothing the Council could do until'after that hearing. Clerk read payroll voucher for perio~ ended April 30, 1949 in the sum of $36,770.96. Motion by Mr. Kean and Mr. ~eaton to approve tile payroll voucher for $36,770.96 carried. Claim for damages was read by Clerk from Norman Posey, 121-H Oyster Bay Avenue, Bremerton for the sum of ~lo0.00 due to Pound authorities destroying his dog without consulting with claimatnt or without getting the advice of a compe2ent veterinary. Claim was filed with C~ty Clerk on May 3, 1949 at 3:40 P.M. and damages occurred on or about April 9, 1949. Motion by M?. Kean and ~r. Wheaton to refer the claim to the City At- torney carried. Irene Eldred, Instructor ~t Olympic Junior College in political science, entered the Council room with the following members of her class of Municipal Government: Pat Purden, Bruce Clifford, Warren Mills, Brad Cleve~don, Bob McNeil. The Mayor'welcomed this group to the Co~mcil Meeting. Clerk read claim voucher from Harold D. Burton, contractor for the addit- ional work on installation and covering of Gasoline Storage T~k and Repairs to Concrete ~a21, S~itation Truck Shelter, 14th St. and Sheldon Blvd., $252.51. Claim voucher has been approved by Fred T. Walker, Superintendent of Sanitation and W.R. Vaa, City Auditor. Motion by Mr. Kean and Mr. Wheaton to approve the claim voucher, carried. Clerk read claim voucher from Hoagland-Findley Engineering Company, per- iodical estimate No. 6, Sewage Treatment Pland and Pump Stations, for ~45,6W7.32 approved by the City Engineer, E.S. Severance, and W.R. Vaa, City Auditor. Motion by Mr. Wheaton and Mr. Kean to allow the claim for $45,697.32 carried. Clerk read letter from the City Engineer, dated May 4, 1949, re: L.I.D. 238, submitti~g adjusted balance of fl~ed charges to ~ transferred to the Gen- eral Fund in the amount of $108.24, and Claim Voucher signed by the City Treas- urer rot that sum. Clerk read letter from the City Engineer dated May 4, 1949 re: L.I.D 237, submitting adjusted balance of fixed charges to be transferred to the Gen- eral Fund in the amo~mt of $319.28, and Claim Voucher signed by the City Treasurer for that sum. Clerk read letter from the City Engineer dated May 4, 1949 re: L.I.D. 235, submitting adjusted balance of'fixed charges to be transferred to the Gen- eral Fund in the amount of $1621.38 and Claim Voucher signed by the City Treas- urer for that sum. Clerk read letter from the City Engineer dated May 4, 1949 re: L.I.D. 236, submitting adjusted balance of fixed charges to be transferred to the Gen- eral Fund in the amount of $822.29, and a Claim Voucher signed by the City Treaaurer for that sum. Motion by Mr. Kean and Mr. Wheaton to approve payment of the claim vouchers as read carried. Clerk read letter dated April 29, 1949 from the City Auditor in answer to a request of the City Council, shown in previous minutes of April 21st, to check into method of handling accounts ~ue the City. His letter stated that the Utility aOcounting system for the Sanitation Department being set up by John Short will take care of their collections; that the Treasurer has individ- ual accounts set for each tenant paying a monthlyr ental an~ recommended that the Treasurer be directed to notify the Commissioner in charge of the proper department whenever such accounts are in arrears, so appropriate action can be taken; that money collected by other ~partments use pre-numbered receipts and turn in their money, with duplicate receipt, periodically; that payments of admission taxes, slot machine percentage and pinball taxes be made periodically to the Treasurer, and he contacts responsible parties ii' remittances are not received; that in a few cases in 1948, police court tines and costs are unpaid and reco~ended tllat after the office is moved to its new location, the Court Clerk be given part time help which will enable her to have more time for fol- lowing up such eases and for immediate follow-up on traffic tickets. t61 May 4, 1~49 (Con't) Mayor Kean co~ented he would like to make sure that this is finally to be taken care of and the City Clerk suggested that this matter be referred to the City Auditor to see that his recommendations are put into effect. Motion by Mr; Kean and Mr. ~'~heaton that the City Council concur in recom- men~ation and refer back to Mr. Vaa for concurrence with the Department:Heads concerned carried. City Clerk read minutes of meeting of Investment Board of the City of Brem- erton held April 29, 1949 as follows: "The Investment Board of the City of Bremerton met in the Mayor's Office in the City Hall on Friday, April_.29, 1949 at ten A.M. Mayor Kean presiding, with City Clerk McGowan, Commissioner Haddon, Auditor Vaa and Treasurer Nutter being present. Mr. Nutter requested authority to invest $1,023.39 of Cemetery Sinking Fund in Local Improvement District 238 bonds at 4% interest. It was moveC by mrs. Haddon that the investment 0e authorized, seconded by Vaa and Carried unanimously. "Auditor Vaa was directed to follow through with the City Attorney on the question of who constitutes the Investment Board. "Moved by Mrs. Haddon and seconded by Vaa the meeting was adjourned." Motion by Mr. Kean and Mr. Wheaton to approve the recommendation of the Investment Board and the contents of the minutes be noted in the Clerk,s Of- lice carried. Clerk presented copy of the Monthly Consolidated Activity Report of the Kitsap County Health Department for March, 1~49. Mayor Kean stated the contents should be noted and filed in the Clerk's Office where it would be available for the press or interested parties. Telegram dated April 27, 1949, from Hugh B. Mitchell, MC, was read by Clerk, stating he is in favor of "in lieu of taxes"legislation along Engle lines. Second deficiency bill passed the House on April 8th and is contacting Senate Committee in hopes of getting inclusion of appropriation for bringing records together. Asked for any suggestions for improvement of present "in lieu of Taxation" proposals. Mayor Kean said he would like to see the Engle Bill go through in its pre- sent form so as not to confuse the situation and the City Attorney and City Clerk stated they both have written to Representative Mitchell of this desire. Mayor Kean stated the telegram should be noted ant filed. Clerk read petition from local improvement district for grading, widening, sidewalks, curbs and blacktop, Cascade Trail between Perry and Trenton, Nipsic from Cascade to 22nd, Vandalia from Cascade to North Eng, Brashem from Cascade to Nipsic. First signature Harold T. Dunham, 2629 Cascade and 33 other, signat- ures. Motion by Mr. Kean and Mr. Wheaton to refer to the City Engineer for tabu- lation and for the necessary steps to ze taken to start an LID, carried. Clerk read letter to the City Council dated May 4, 1949 from D.B. ~neaton, CouEissioner of Public Works, attaching a description of properties together with the owners of record of the area comprising the proposed site of the West Bremerton treatment plant; and since the City is contemplating construction of this plant in the near future, it is recoKmuended that the City Clerk and Pur- chasing Agent together with the City Attorney be instructed to begin immediate negotiations for the acquisition of such property. Motion by Mr. Kean and Mr. Wheaton to refer this matter to the City Clerk and Purchasing Agent and the City Attorney for acquisition as recommended car- ried. Clerk read petition, first signature Norman K. Fitz, with eight other sig- natures, stating there is need for ~wo-hour parking meters on Burwell Street, West from Pacific to the cross-walk at Burwell Street Gate to Puget Sound Nav- al Shipyard. This will afford motorists the choice o~~ either one-hour parking or two-hour parking and we 0elieve will ma~e no material difference in the nor- mal flow of ~raffic. Clerk also read petition signed by Mr. Halversen of Halversen Motors and Francis Shannon statina~ they opposed the petition but would agree if two 1~ min- ute meters were installed, one in front~of Halversen's and one in front of the French Cleaners. Motion by Mr. Kean and Mr. Wheaton to refer the pro and con petitions ~o the Police Department carried. The City Attorney stated that on the question of who was a member of the Investment Board he was still in the dark. He read a quotation from an opinion received from the Attorneyts General's Office, and said he hopes to read some of the charters of other first class cities of Washington to see if they might have been confronted with a similar problem as Bremerton an~ ascertain how they had solved it. May 4, 1~49 (Con't) Mayor explained that ~the wrihersi~f~the~:CttY~Cha~ter did not~take~:into Con- sideration the provisions of an old state law, and that it is not clear whether the City Treasurer or the Commissioner of Finance is the member of the Board. The City Attorney reported that the ease of Joseph P. Mentor vs City o£ Bremerton originally set i~r trial before Judge Sutton was continued by request of Ray Greenwood, Attorney for ~1entor, until May 19, at 1:30 P.M. The City Attorney reported that in the case of State ex tel Ralph Amende, he had received a copy of the Supreme Court decision ana in this case nobody won, but both lost. The Supreme Court says in it's decision that no formal judgement was ever entered by Judge Sutton; that there was nothing from which the City could appeal and that there being no judgment nor anything to appeal that the ap- peal would have to be dismissed which leaves us back in the Superior Court entering a judgment. The Supreme Court expressed no opinion on the merits of the case. The City Attorney stated relative to the fire works question that the Fire Chief has made a few demonstrations of what the fire crackers which were ref- ferred to him would do. They are very explosive and they do burn after they have exploded and the Fire Chief is definitely of the opinion that they would be dangerous both as to fire hazard and injurious to life and limb and the City Attorney stated he concurred in that opinion; and that the Fire Chief definitely reco~ends that the fire crackers not be permitted. Also, he has made some in- vestigation of spar~[lers and is of the opinion that they should not permit them from fire hazard and it is possible to be burned on them. Mayor Kean stated he had informed Attorney Ralph Purvis of the findings of the Fire Chief and also that he has instructed the Fire Chief to enforce the law on other items in violation of the law. Mayor stated he had informed the representative of the fire cracker company of the Chief's findings, and informed Mr. P~rvis that this matter would be brought up at this meeting and since neither is here, there probably will be nothing further done about ~his request Lot a permi~ to sell the fire crackers. Mayor Kean reported that George Harrington, Commander of American Legion Post 149 informed him that they propose to put on a mass demonstration for the Fourth of July so the children in the area will be privileged to see a fire works display. The City Attorney stated he was not yet ready to 0~l~r~g ul~anythDng~or action at this time on the Phinney Bay Water Districb~,., ~.~ Mr. L~eaton stated that a rinance house has informed him ~at thJ water district could not be divided and the City Attorney said that was a legal pro- blem for them to take up with their attorney. Mr. Wheaton further stated that the information ane advice given, to the Mater Commissioners is no~ relayed to their attorney and they Go not check, on it. The City Attorney asked Lot a meeting with the committee working on the Water District agreements to ~e held right after' the Cotmcil meeting terminates. Commissioner Wheaton read a letter dated May 4, 1~49 from Superintendent of Water, C.C. Casad, re: Water Charges to North Perry ~venue Water District; that the existing agreement bo supply water to the Ngrth Perry Avenue Water Dis- trict is not applicable to the arrangement for supplying water ~o the district since the newly annexed area, through the high pressure zone. Recommended that the North Perry Avenue Water District be notified that the existing agreement be cancelled and that charges for water, subsequent to May l, 1949 will be in compliance with provisions of an mmendment, to our present water ordinance, to set up basic charges for water supplied to water districts through master meters from the low, intermediate ~d high pressure m nes. Mr. Wheaton stated he felt it would be all right to notiLy them their pre- sent contract is void; he saiC the City is furnishing water to them for $1.00 minimum whereas in the City the Mater minimum is $1.Z5 and Mr. Casad explained that several years ago the water district was in financial straits and were permitted by Council approval to drop to $1.00 from $1.35. The City Attorney recommended that when notification i~ given them of can- cellation of contract that ~he new rates be given the water district at the same time. Mayor Kean stated the matter should be tabled until this afternoon so that the new rates can be ascertained and they can be told what they will ~e. Commissioner Wheaton read letter addressed %o him from C.C. Casad, Super- intendent of Water, dated May 4, 1949 stating that it has been proposed for some time to lay an eight inch water main on nipsic avenue from E. 17th Street to Cascade trail and a fire hydrant be installed at Terrace and Nipsic; that mater~ ials are on hand and the work can be ~one between the time the bridge is opened and closed again in June, and will afford an additional protection ~urin~ the bridge closure in June. Estimated cost of the entire job is approximately $4000.00 of which $1,oOO.00 is for labor and equipment. Water Superintmndent recommended that this project be approved Lor work to co~uence ~he firsh of the week. Motion by ~r. Wheaton and Mr. Kean to approve the recommendation carried. -63 May 4, 1949 (eon't) Mayor stated 2hat at last Council meeting Mr. James E. Groves, represent- ative oI' Traffic Appliance Corporation appeared before the Council regarding our parking meters as to what the City is going to no toward maintenance and replaaement. M Motion by Mr. Kean and Mr. Wheaton that the City Clerk and Purchasing Agent advise the Traffic Appliance Corporation of our action that we propose ~to sit down and discuss the entire matter at budget making time mud include enough money in next year's budget to do whatever we ~ hink should be done but are not in a mood to enter into any agreement at present except to keep up the mainten- ance and operation of the meters carried. Mayor asked ii' any recommendation has been received from the Fire Chief relative to application for Fire re-zoning received from Keeble,s Boat Service and Parker's Hardware and Clerk stated nothing has been received as yet. Mayor announced there would be a Department Head meeting this afternoon at 2:15 P.M.; also having a meeting at 7:30 P.M. Friday night with Public Housing Officials to discuss various matters to do with View Ridge, among those water, garbage, sewers and streets. Mr. Karny from San Francisco office will be there and whatever the City wants should be obtained before the schools get the site. Mayor asked Mr. Wheaton to have recommendation ready for Anderson Cove area for the City as well as other~areas. The City Clerk informed the Council that award had been made to Bremerton 0il Delivery for NC-2 Road 0il as they are the only bidders who have a tank truck for deliveries. Notion by Mr. Kean and Mr. ~Vheaton to allow all bills if approved by a maj- ority of the Commissioners carried. Notion by Mr. Kean and Mr. Wheaton to recess until 10:O0 o'clock A.M., Fri- day morning carried. APPlt0 VED: ~ City Clerk Mayor :164 - May 6, 1949 Recessed meeting of the City Council of the City of Bremerton was held May 8, 1949 at lO:O0 o'clock A.M., in the Mayor's office, City Hall. N~yor Kean presiding, Commissioner Wheaton, City Treasurer and the City Attorney being present. Mayor Kean stated the primary purpose of this recessed meeting was to dis- cuss proposed water agreement and other allied problems. The City Attorney reported that at the last meeting oi' the City Council the committee appointed to investigate the proposal oI' fire hydrants for the Phinney Bay Water District made au oral report. The matter was discussed after the Council meeting and it was generally decided that every effort would be made to make arrangements for them to install fire hydrants at t helr own expense both within and without the City because they had funds available, they thought, for that purpose. Immediately after the meeting the City Auditor advised us that he had dis- cussed the matter with ~r. McAsey who is an Examine~ for the Division of Muni- cipal Corporations, specializing in sewer districts, fire districts, port dis- tricts and school districts, and l~r. NcAsey had stated that because fire hydrants were not included in the comprehensive plan adQpted by the Phtnney Bay Water Dis- trict when it was first organized they had no authority nor right to spend this money for Fire hydrants, and that the only solution as far as he was concerned was for the electors in the district to have au~election and to amned their plan so as to inclume fire hyarants. Mr. McAsey also stated he was doubtful whet~r ~he distric~ could divide itself and t~at the part within the City could withdraw, but that he would be in Olympia this week end ana would discuss this matter with Mr. Lawrence Hub- ble who is Chief Ex~ainer in the Division of Municipal Corporations ~nd would report back to the water district and the City next week. So, it is the City Attorney's feeling, that both the Wa6er District and the City are stymied for the present as far as installations of any fire hyd- rants are concerned. Might ~ advisable for someone to notiI'y the Phinney Bay Water District.that this has arisen and will not give them an answer until the answer is determined. Clerk agreed to notify the Phinney Bay Water District and Mayor suggested the City Attorney work with the City Clerk in preparing the letter ~cause of the legal a~pects involved. The City Clerk stated he had received back from the Police Department the pro and con petition in connection with two-hour parking meters on Burwell Street, and Captain Phillips of Traffic Division appended a note as follows: "After further investigation and study, it was found that the majority did not desire the petition to go through for the two-hour parking meters". Notion by Mr. Kean and Mr. Wheaton to accept the recommendation ane table the petition carried. The City Clerk stated he had the letter from Mr. Caaad, Superintenment of Water, reco~mmen~ing work to lay 8" water main on Nipsic Aven~e from E. 17th Street to Cascade Trail and a fire hydrant installed at Terrace and Nipsic; that he did not realize at the last Council meeting that possible this was in violation of the charter to ~o a job by force account without calling for bids. He ~aid he was reluctant to put stumbling blocks In the way oI' the Water Department on this job; that the City is required by law to call I'or bias wheth- er we mo the work or wkether some contractor does it; and that he realized the pipe has been purchased by approved contract. Mr. Wheaton stated he felt technicalities were being brought up anm hinder- ing the necessary work but the City Clerk answered that there were certain Char- ter restrictions. Mayor askea the City Attorney to give a legal clarification. ~ The City Attorney answered that he ha~ been advisem by ~. Varlet, a state examiner, on a previous job at Gorst Creek, timt as long a.s-estimates were fil- ed by the ~iugineer and puolished it would be satisfactory ~'or ~he Water Depart- ment to go abeam with the job. Mr. Wheaton mentioned that local improvement mistricts woulm be stopped uniess the City coulm Go certain work by City equipment and forces. The City Attorney coranented that this question has come up before but first time for Mr. McGowan and that in his opinion if the City complied with the State and published estimates that it constitutes work the City can do without call- ing for bids~ ~r. ~cGowan said this would be satisfactory with him as long as complying with the law. Notion by Mr. Kean and Mr. ~Tneaton to concur in the recommendation oI' the City Attorney carried. t65 May 6, 1949 (Con't) Discussion was held on local improvement districts relative to the work done by city in rough grading. Engineer stated that all cities in State of Washington are contributing something to LIDs and cited the excessive cost to the property owners if the City aid not help with grading. Attorney said he would like to have s few days for rendering a legal op- inion as to whether the City can participate in local improvement districts by grading without cost to the property owners. Mr. Wheatonasked the City Attorney to render an opinion on this subject. The Engineer stated there was an LID in embryo on llth Street that invol- ved this question. The Mayor asked that the opinion be run through the Council and not given direct. City Attorney read letter dated May 5, 1~49 from James W. Carey and Ass- ociates, signed by H.W. Kr~uer, transmitting eight copies of their report cover- ing the Navyrs participation in the West Bremerton Sewage Treatment Plant. The City Attorney stated it is the thinking of this committee on sewage treatment and of Captain Johnson of the Navy Shipyard that a proposal should come from the City of Bremerton directed to the Commander of. the Naval Base that the Navy Base participate in the construction and maintenance of the West ~ud Sewage Plant. The City Attorney then read a rough Graft of a proposal to the Naval Base. Notion by Mr. Wheaton an~ Mr. Kean that the letter be approved and the Mayor be authorized to sign carried. The Mayor asked t~at copies of the letter referred to in the previous motion~be sent to interested parties anO the City Attorney agreed to do so. Mayor reported that there is to be a meeting tonight in,his office of of- ficials of Housing Authority, FPHA, the School Board and the City on View Ridge, and that the School Board is going to be able to tell what streets they want to retain. Mr. ~eaton stated that Earl S~mers and ~r. 0raker of the Housing Auth- ority are going over the View Ridge site with City Engineer Severance for final lay-out. The City Attorney read proposed agreement to supply water to the North Perry Avenue Water District. This agreement is combination of thinking of the Water Superintendent and the City Attorney and is the so-called master agree- merit. The Council discussed some of the provisions of the agreement and made some corrections. The Mayor stated the proposed agreement should go b&ek to the Attorney for making the necessary corrections. ~h~ City Attorney suggested that the Council approve the fo~m and authorize the Mayor and Clerk to sign after the North Perry Avenue Water District has signed. Motion by Mr. Kean and Mr. Wheaton that the form of the contract be approv- ed and the Mayor and Clerk be authorized to sign the same upon notice of its acceptance by the North Perry Avenue Water District and notify the water dis- trict there is no contract and effective May 1st the rates are as provided in the contract, carried. Motion by Mr. Kean and Mr. ~heaton to a~journ, carried. APP~0VED: ~ City Clerk Mayor