HomeMy WebLinkAbout06/29/49 Regular meeting of the City Council of the City of Bremerton, Washington
was held Wednesday, June 29, 1949 at ten o'clock A.M.D.S.T. in the Mayor's
office, City Hall. Mayor Kean presiding and Commissioner Haddon, Commissioner
Wheaton, City Treasurer and the City Attorney being present.
Minutes of regular meeting of June 22~ 1949 were presented by the Clerk.
Notion by Mr. Kean and Mr. Wheaton to approve the minutes of June Z2,
1949 as written carried.
Clerk read change in pay status for Bernard Shaw, $1.46, plus .20 dif-
ferential, per hour, Street Department and Arthur Freitag, Extra labor, $1.35
per hour transferred from the Police Department to the Mater Department.
Notion by Mr. Kean and Mr. ~heaton to approve the change in pay status
as read and the transfer carried.
Notices of employment were read by Clerk for Vernon J. Logue, ~1.26 per
hour, Ted ~. Avery~ $1.35 per hour, Frederick L. Williams, $1.35 per hour,
Arthur L. Miller, $1.Z5 per hour, Ernest Mikulecky, t~l.~S per hour, and Roberb
J. Calnan, $1.3~ per hour all for the Water Department.
Notion by Mr. Kean and Mr. Wheaton to approve the temporary non-civil
service appointments as~read, carried.
Clerk read letter from Archie Shay, owner of Black and Wluite and Blue
and White Cab Companies, to the City Council, dated June 24, 1949 requesting
permission to transfer the cab companies to Thomas Nyers and George H. Swan-
.son, owners of the Bremerton Tacoma Stages, Inc., together with two licenses
for each company and the stands for each company.
Clerk also read the ~plication of Thomas Myers andGeorge H. Swanson to
operate taxicabs in the City of Bremerton, approved by the Chief of Police
and Captain of Traffic and attached to the application was check for $200.00
for license fees.
N~ion by Mr. Kean and Mr. Wheaton to approve the change in ownership and
transfer of license from Archie Shay to Thomas Myers and George H. Swanson,
carried.
Clerk read letter applications from Kitsap Amusement Company, Colleen
McGill an~ Harry McGill, for renewal oI' operator's license as provided in
Ordinance No. 1461, Section 4, the license being known as Amusement Device
License. Attached to each application was a check for $1,500.00 to cover
the license fees.
Motion by Mr. Kean and Mr. Wheaton to approve the applications for re-
newal of operators licenses, carried.
Letter dated June 25, 1949 addressed to the City Attorney from John H.
Short, Chief Accountant, Water Department, was read by Clerk.
Letter stated that the writer was handing the Attorney a petition, signed
by 317 water consmners out of a total of ~50 c~nsumers in the North Perry Ave.,
Water District, and t~at they are peDitioning the City Water Department to take
over operations and maintenance together with bill anm mailing operations of
their system. First signature on petition was J.A. Barrett.
The petition itself was addressed to the City Commissioners and requested
that favorabls consideration be given to the proposition of having the City
of Bremerton Water Department do the maintenenace and servicing oi' accounts
for the North Perry Avenue Water District.
Discussion followed relative to 'the request anm it was finally ascertained
that the requested action is prohibited by law but that the matter should be
given consideration by Mr. Casad and Mr. Wheaton to see whether some alterna-
tive recommendation can be given.
Notion by Mr. Kean ~d Mr. Wheaton to reject this petition at this time
as being impractical and refer it to a committee composed of Mr. ~¥heaton, the
Water Superintenment and the City Attorney to advise them as to the reason for
rejection and smy procedure the com~nittee wishes to outline for them carried.
Clerk presented Activity Report of Bremerton-Kitsap County Health Depart-
ment for Nay, 1~49.
~otion by Mr. Kean and ~4rs. Haddon to file ~nong the records and make
available to the press carried.
Clerk stated the Investment Board met on June 27, 1949 and read minutes
of that meeting as follows:
"The Investment Board of the City of Bremerton met in the Mayor's 0~fice
at the City Hall ~n ~onday~ June 27, 1949 at Z:00 o,clock P.M. Mayor Kean
presiding with Commissioner of Finance Haddon, Co~mmissioner of Public Works
anm Utilities Wheaton, City Treasurer Nutter, City Clerk McGowan and Auditor
Vaa ~eing present.
June 29, 1949 (Con't)
"Treasurer Nutter reported that we had received from the State Auditor
4 separate warrants in the total amount of i~32,520.24 being the City of Brem-
erton's share of 45% of the tax on Fire Insurance Premiums allocated to the
Firemen'~ Pension Fund for the year 194~, 1948, 1~47 and
"Further that he reco~aendem ~o the Investment Board that we sell from
the Cumulative Reserve Fund for General City Structures, $52,000.00, par val-
ue, 2~% Government Bonds to the Firemen's Pension Fund. Premium on these
bonds, ~1,024.$6, and aocrued interest from June l~th, ~3~.~4, making a total
investment from the Firemen's Pension Fun~ o~'
"He explained the reason for selling investments f~m the Cumulative
Reserve Fund is that we contemplate purchasing the Anderson Cove Area from
this f~nd.
"~Joved by Vaa ~d seconded by ~eGowan that the recommendation of the
Treasurer be concurred in. Motion carried unanimously.
"It was moved, seconded and carried that the meeting be adjourned.
/s/ ~en~ell R. Vaa, City AuditorJ~
~otion by ~r. Kean and ~rs. Haddon to concur in the reco~m~endations and
approve the action of the Investment Board carried.
Frank Cohen of Bremerton appeared beI'ore~ the Council and stated he and
his wife had purchased a piece of property on 15th and Thompson Drive, think-
ing that it was zoned for con~,~ercial use.
However, after the purchase found out it was not mud made one attempt
to have a portion of it rezoned C-1 but had been rejected by Planning and
Zoning Commission inasmuch as they did not favor a "spot" zoning and had re-
co~,nended that he submit a new application for the whole of his property,
which he did, except For 200 feet. This second application was rejected on
complaint of members of the North End Improvement Clu~ who opposed any fur-
tner con~ercialization of their district.
l~'lr. Cohen stated he ham been approached by the telephone company,
would like to use part of his property for a storage building and::he would
like to have the. Council reconsider the decision of the Planning and Zoning
Conmnis sion.
~ayor Kean explained to ~r. Cohen that there was a certain procedure by
ordinance that must be followed for~an appeal and that he ~hould contact the
City Attorney after the meeting and ascertain his next move.
~.~r. Ben Nurray appeared before the Council and protested two sections of
the deed which was given to American Legion Post #68, when the City sold to
that Post; some property at View Ridge and a building.
The provisions that he complained about were:(1) First choice by the City
in the event the Post ever decided to dispose of the property, and (2) The
right of the Housing Authority to a warehouse building located on the property.
Mr. Murray stated that he l~ad contacted Senator Warren G. I~agnuson about
this matter and an investigation would be made as t o the reasons for the City
retaining a priority on the property andprotecting the Bremerton Housing Auth-
ority in their desire to retain the warehouse building. He said this deed was
not like the one promisem to him by the Housing Authority an~ ~,ir. Jesse Epstein,
and further said that the Housing Authority had sold the warehouse v~ich
on the land owned by the Legion Post.
Motion by Mr. Kean and Mr.~ Wheaton to refer the matter to the Committee
of the Whole and the City Attorney to make a study of the matter carried.
Clerk read a copy of a letter from the City Attorney to the City Engineer,
dated June ~, 1949, setting forth provisions of change in State Law in 1949
Session of the Legislature, Chapter 28, relating to local improvement mistricts
and setting out how "actual" value is determined when setting up a district.
Letter was read by Clerk from City Attorney to the City Engineer, dated
June 28, 1949, stating that last legislature changed the state law relative
to official city ~oundaries, and that Chapter 65 provides that the boundaries
0~' such districts for the purpose of taxation shall be the established offic-
ial boundaries of such districts on the first day of ~.arch of the year in which
the levy is made.
The City Fmgineer commented that he certifies to the U.S. Census at the
close of this year as to the boundaries and estimate~ population and the City
Attorney stated that, therefore, any annexations would have to be made by the
end of the year in order to get in the 19§0 census.
l¥Iayor cited the need for a bill in the next legislature to allow any ad-
ditions to cities after the 1950 census is taken to be added to the census in
order to give more accurate distribution of money coming to the City from the
State.
Clerk read letter dated June 28, 1949 from the City Attorney to the Fire-
men's Pension Board, stating that last legislature made certain changes shown
in Chapter 45 of 1949 Session Laws affecting ~ension Boards; and that the sec-
retary of the Firemen's Pension Board on or before the 15th of January of each
year is to certify to t~e State Auditor the ntunber of paid firemen ~d thin 30
days after the taking effect of the new change in the law.
Mayor suggested that the Secretary of the Firemen'a Pension Board send a
list to ohe State to comply wit:~ the law.
198
June 29, 1949 (Con't)
Clerk read letter from the City Attorney to Mr. ~eaton dated June 28,
1949 advising that Chapter ll3 of the 1949 Session Laws, which relates to ob-
struction of streets and sidewalks by trees, plants, shrubs and other vege-
tation, ana stated by the City Attorney that certain provisions are in the
State Law which, are not incorporated in the City ordinance, No. 1673.
The City Attorney further stated that he would be pleased to prepare an
ordinance of the type authorized by Chapter ll3 if the City Council wishes to
adopt such an ordinance.
Notion by Mr..Kean and Mr. Wheaton that the City Attorney be instructed
to amend the present, ordinance or prepare an Ordinance to comply with the
provisions of the State enabling act, carried.
Clerk read letter from the City Attorney dated June 24, 1949 relating to
the City Ordinance on "close-out" sales, etc, recommending that the ordnance
be repealed.
The City Attorney stated that since writing the latter he had talked with
some members of the Chamber~of Commerce aha they were inclined to believe the
ordiAance should be left alone.
The City Attorney recommended that the City Council delay any action until
the Chamber of Co~mmerce comes to a final decision on this ordinance.
Motion by Mr. Kean and I~rs. Haddon to concur in the recommendation of the
City Attorney and defer any action until advised of the action required and de-
sired by the Chmuber, carried.
Letter dated June 24, 1949 from the City Attorney to Clement Bordeaux was
rea~ by the Clerk, notifying him that his use and occupancy of the building at
the rear of the Municipal Garage is hereby ordered discontinued 60 days from
date, and he is requested to dismantle an~ remove the building within that
period of time. This building does not comply with the building code and is
in an unsafe and unsanitary conmition.
Motion by Mr. Kean and Mr. Wheaton to note contents and file carried.
Clerk read copy of a letter from City Auditor Vaa to Mr. Lawrence Hubble,
Chief Examiner, Division of ~unicipal Corporations, Olympia, dated, June 17,
1949 stating the City is contemplating the expenditure of a portion of one of
our cumulative reserve funds, anm that the question has been raised as to
whether or not the City can expend the money without it being included in our
current budget and asked for an opinion from the State.
Clerk then reaC letter dated June 20, 1949 from Mr. Lawrence Hubble,
stating he did not believe the law contemplatem that a City need budget for
any subsequent expenditures of moneys established for cumulative reserve
purposes, ii' these moneys are expended for the purposes outlined by the emer-
gency which originally established the I~uam; however, thought it might be well
at budget-making time in planning for the next year, to make some recognition
in a city's budget for the expenditure of these Cumulative Reserve Funds.
Notion by Mr. Kean and ~r. V~eaton to note ~ntents anm file carried.
Clerk read letter dated June 29, 1949 from City Engineer to the Council
giving tabulation of petition which requested the improvement of Summit Ave-
nue, Ford Avenue and Lafayette Avenue between Sixth and Ninth by construction
of sidewalks, curbs anm [~utters, and s tating that a majority of the property
owners concerned have expressed their desire for the improvement, recommended
that a resolution be passed ordering such improvement. Clerk read Resolution No. 695 as follows:
BE IT RESOLVED BY THE CITY COUNCIL 0F THE CITY OF BR~JERTON:
Section 1. That the public interest requires the following imp~vements
to be made.
Section 2. That it is the intention of the city council of the City of
Bremerton to order the improvement of Summit Avenue~ Times Avenue, Ford. Avenue
and Lafayette Avenue, all between Sixth Street and Ninth Street~ by clearing
grubbing, grading for and construction of 4 ft. concrete sidewalks (where so
petitioned), concrete curbs an~ &~tters and providing for drainage, together
with the doing of any and all other work in connection therewith as may be nec-
essary to make such improvements a complete job, all in accordance with plans
and specifications to be placed on file in the office of the City Clerk in the
City of Bremerton, reference to which is hereby made for further particulars.
Section 3. The City Engineer of the City of Bremerton is hereby directed
to submit to the City Council at or prior to the date fixed for hearing pro-
tests to said improvements, the estimate~ cost and expense of such an improve-
ment, and a statement of the proportionate amount thereof, which shoul~ be
borne by the property within the proposed assessment district, and a state-
ment of the aggregate assessed valuation oI' the real estate, exclusive of im-
provements, within sucl~ proposed district, according to the valuation last
placed upon it I'or the purpose of a general taxation, together with a diagram
or plan showing thereon the lots, tracts, and parcels of land and other pro-
perty which will be specially benefited t~ereby and the estimated amount of
the cost and expense of such improvements to be borne by such lot, tract or
parcel of land or other p~operty.
June 29, 1949 (Con't)
Section ~. That the cost anm expense of said improvement to b e borne
by said improvement district and exclusive o~' any portion borne by either the
State of Washington or other government agency, shall be assessed against
said property included in said improvement district in proportion to said
area, except certain units Wa ereln the special benefits conferred upon the
property are not fairly reflected by the use of the termini and zone method,
the assessment shall be made against the property of the district or any cer-
tain unit within the district in accordance wi. th the special benefits it will
derive from the improvement without regard to the zone and termini method,
anm in accordance with the provisions of Section 9365 of Remington's Revised
Statutes of the Stats of Washington, the remainder of said cost of the impro-
vements to ce paid for by arrangement, i.I' any, with either the State of Wash-
ington or other government agency.
Section 5o The City Clerk be and he is hereby directed to give notice of
the date of such hearing to each owner or reputed owner of any anm all lots,
trac, ts, or parcels of land, or other p~operty, specially benefited by the im-
provement, by mailing to the owner or reputed owner of the property as shown
o~ the tax rolls of the County Treasurer, at the address shown thereon, a
notice setting forth the nature of the proposed improvements, 'the total esti-
mated cost an~ the estimated benefits to the particular lot, tract or parcel,
anm the mate of the hearing before the City Commission at least 15 days before
the date ~ixed herein for such hearing.
Section 6. That Wednesday, the 27th day of July, 1949 at 10:00 o'clock
A.M. PST, of sai~i may be and the same is hereby fixed as the date of hearing
protest against said improvements by any persons interested therein; and the
C£ty Clerk 0e and is hereby authorized and directed to publish a copy of this
resolution in the official newspaper of said city for at least two successive
issues, the first issue shall be at least t5 days prior to the date herein
fixed for saiG hearing, and sai~ publication, .together with the mailing of the
notices hereinabove provided to the owners or reputed owners of the lots and
parcels of land included in such improvement as hereinbefore set forth, shall
be due and legal notice ~o all concerned in said proposed improvements.
Motion by ~r. Ksan and Mr. Wheaton to pass Resolution No. 695 carried as
follows: Mr. Kean, Yes. ~'s. Haddon, Yes. Mr. Gorst, Yes.
Petition to vacate alley was read by Clerk from owners of property abut-
ting on and adjoining the alley in Block 24, Charleston, between Summ£t and
Lafayette and North of Porter Street. Signed by Clarence J. Swan, Sara C.
Swan and Fanny ~undlach.
~otion by Mr. Wheaton and Mrs. Haddon to refer the petition to the City
Engineer and the City Attorney for a recommendation to the Council carried.
The City Clerk reported the Mr. Clare Fulmer was going to appraise the
site cz~ the proposed West Breme~ton Sewage Treatment Plant today and expect-
ed to have his report available on July 5, 1949.
Clerk reported that bid award was made to NeLson Equipment Company for
an Asphalt plant and to Service Fuel Company for installation of an oil burner
in the ~anette Fire Station. He further reported he was negotiating with oil
bidders and felt he would be reamy to make an award very soon.
Motion by ~r. Kean and Mrs. Haddon to accept this progress report carried.
~iayor brought up the matter of the acquisition of right-of-way at East
end of the Llanette Bridge.
~r. Wheaton stated the City Engineer will have a report by the 5th of
July and Mr. ~eaton said the project will probably cost ~20,000.00 before it
is finished.
Further discussion ensued and it was brought out that the property owners
seemed to favor giving the right-of-way to the City providing the area could
be rezoned C-~ an~ that the matter would be brought up at the next meeting of
the Planning and Zoning Commission°
The City Engineer asked the Council for permission to inform ~alispino
to go ahea~ and order tees and specials for his part of the sewage treatment
project in an amount of ~3~V16.35o These are necessary for cutting into the
pressure line for private homes and must be manufactured, l~r. Krsmler of
Carey & Associates will be over tomorrow and would like to have the Council
and the Auditor and the Attorney meet with them. Discussion was held over
finances°
Motion by Mr. Kean and Mr. ~eaton to concur in the Engineer's recommend-
ation and direct that a change order be prepared in the smlount of ~3,716.35,
carried.
Mayor asked the Attorney and his committee to advise the Council at the
proper time on the financial end of the of the Sewage Treatment Projects.
Mr. Nutter reported that license receipts are coming in very r~pidly.
Also, that he had received a check from the telephone con, any representing 2~
of their service receipts in the amount of ~8,!18.15 and that this was con-
siderably more than the anticipated revenue from this source for this year.
This was due to increase in rates.
June 29, 1949 (Con't)
The City Attorney reported he had been working on proposed ordinance lic-
ensing shuffleboards and find it will be necessary to pass an ordinance sep-
arate from the old card, pool and bowling alley ordinance, and that the new
ordinance will be prepared for next regular meeting.
The City Attorney stated the claim for damages of Leo C. Artman in the
sum of $0?.28 dated Nay 23, 1949 has been investigated and recommendation of
the Legal Department is that the claim be denied.
Notion by Mr. Kean and Mrs. Haddon to concur in the recommenaation, car-
ried.
Motion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a
majority of the Commissioners carried.
The Mayor asked regarding the progress of Hunt's fuel Company proposed
plan to lease an area from the County-City Head-of-the-Bay site and Mr. Wheat-
on stated Hr. Hunt's latest plan is not satisfactory to the City Engineer.
Mr. Hunt, would, if allowed, fill in the area leased over a period of about
a year and a half.
~ayor stated there was to be a meeting Friday at 1:30 P.M. with County-
City Health Officer and a representative of the Department of Agriculture in
connection with the milk ordinauce whic.h is at present in convlict with state
law.
Mayor stated the Committee of the Whole has not yet met on the petition re-
lating to Bledsoe Transfer Company parking in vacant lot in R-1 Zone and ~r.
~heaton said that Mr. NcLeod is working on the matter sad trying to contact the
interested parties and suggested the committee meeting be held up until Nr.
McLeod reports in on ~he matter.
Nayor Kean stated he had talked with Judge Sutton and that the ~entor
Plumbing case had been mentioned; that the City Attorney was to take care of
certain papers and then the next move is to turn off Nentor'.s water.
The City Attorney said he was awaiting Ray Greenwood's return next week
befSre the papers could go in.
~r. Wheaton suggested recessing until Friday in order to bring before
the Council the estimate of cost oY the Twin Lakes gravity water line job
which is to be published ii' the City does the work inatead of calling for
bids.
~ayor reported that the efforts of the Recreation Department to get a
ban~ started in the City have been rewarded and that a practice will be held
at the Evergreen ~ark next Wednesday evening.
Motion by ~r. Kean and Mrs. Haddon to recess until 10:O0 o.clock
Friday, July l, 1949 carried.
AP PttOVED: ~ity Cler~
t.' - Mayor
July 1, 1949
Recessed meeting or the City Council of the City of Bremerton, Washington
was reconvened at ten o'clock A.M. DST, in the Mayor,s office of the City Hall.
Mayor Kean presiding with Commissioner Haddon, ComJ~issioner Wheaton, the City
Attorney,,the City Treasurer, City Engineer, Water Superintendent being pre-
sent.
Mayor Kean explained that the meeting had been recessed in order to discuss
the construction or a water line f~om Twin Lakes to Gorst Creek.
The City Clerk presented a voucher in the amount of $3,000.00 for James W.
Carey & Associates, payment.No, l, Partial pa~nent for engineering services on
inspection of Sewerage Project for the City in accordance with Contract No. 76
and Resolution No. 67~.
Motion by M~ Kean and Mr. Wheaton to approve the voucher for payment No.
i to James W. Carey and Associates in the amount of $3,000.00, carried.
Clerk read letter dated June 30, 1949 from James W. Carey & Associates in
~hich they agreed to design an additional pumping station to be located at the
foot of Snyder Avenue at the same rate of fees as set forth in their present
contract.
Motion by Mr. Kean and Mr. Wheaton that James W. Carey & Associates be re-
tained to perform this work and that the matter of building the pump station be
referred to the City Engineer, City Attorney anm City Auditor for study and re-
co~m~endation, carried.
The City Clerk then read a letter dated July l, 1949 anm signed by E.S.
Severance, City Engineer anm C.C. Casad, City Water Superintendent, setting forth
the necessity for the construction.of a water line from Twin Lakes to Gorst Creek
at an estimated cost of ~161,756.98 and requesting that this project be performed
by City forces.
The letter was accompanied by copies or letters from the City of Bremerton
and Kitsap County Health Department and the Department of Health of the State of
Washington. Stressing the need of this pipe line.
Motion by Mr. ~heaton and Mr. Kean that the City Clerk and Purchasing Agent
be instructed to publish notice of the estimated cost or the proposed work in
accordance with the State Law and the City Attorney be instructed to prepare an
ordinance authorizing this work, carried unauimously.
The City Attorney then stated that he had prepared the necessary ordinance
and was asked to read it.
Attorney read Ordinance No. 1836 specifying and adopting a system or plan
for the making of certain additions and improvements to the waterworks system
of the City of Bremerton, meclaring the estimated cost thereof as near as may
be, and providing a method for payment thereof, and declaring an~emergency.
Motion by Mr. Kean and Mrs. Haddon that the ordinance be passed as read,
carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes.
The City Attorney reported that he had preparem a Notice of Claim of Lien
against H.C. Gandy, Mrs. W.B. Jessup anm the Seattle First National Bank, a cor-
poration, the reputed owners of Lot 35, Block 14, Bremerton, in the sum of $20.50
representing unpaid charges for garbage service for the period October l, 1948
to January 17, 1949 and asked that the Clerk be authorized to file the claim if
the indebtedness is not taken care of within l0 days of notification.
Motion by Mr. Kem and Mrs. Haddon that they concur in the recommendation
of the City Attorney carried.
The City Attorney presented a proposed ordinance covering the operation of
shu±'fleboards. After some discussion it was suggested that the ordinance be re-
vised to require applications for shuffleboard licenses to pass from the Chief
of Police to the Council thence back to the Chief of Police, bearing either the
approval or disapproval of the Council.
Motion by ~ir. Kean and Mrs. Haddon to adjourn carried.
APPRO ~qD: City '~lerk