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HomeMy WebLinkAbout11/02/49 November 2, 1949 Regular meeting of the City Council of the City of Bremerton, Washington was held WeSnesday, November 2, 1949 at lO:O0 o'clock A.M. in the Nayorts office, City Hall, Bremerton. Mayor Kean presiding and Commissioner Haddon, City Clerk McGowan, City Treasurer Mutter and City Attorney Wallace being present. Commissioner Wheaton being absent from the City. Notion by Mr.' Kean and Mrs. Haddon to approve minutes of regular meeting of October 26, 1949 as written carried. Clerk announced this was date and time for hearing on proposed alley vac- ation, adjacent to ~nd abutting Lots 1,2,3,4 and lB, Decatur, and stated no protests to the vacation had been received and no one was present to protest, ~ City Attorney read proposed ordinance vacating the alley in Block 12, Decatur. Notion by Mr. Kean ~d Mrs. Haddon to approve the ordinance on first read- ing carried as followe: Mr. Kean, Yes. Mrs. Haddon Yes. Mr. Wheaton, absent. Clerk read separation for: W.L. Engler, Engineering Department;~Amy Hein- rick Colley and Clifford L. Payne, Police Department; Arthur LaRose, Treasur- er's office; Anton R. Zinter, Sanitation Department and Eugene Davis, Water Department. Motlon by Mr. Kean and Mrs. Haddon to &pprove separati6ns as read carried. Notices of emploYment were read by Clerk for ~ary L. Swap, Attorney's of- lice at $100.00 per month; Carl E. Bieck, $252.00 per month and Dorothy Meyer, at $190.00 per month, both in the Police Department. Motion by Mrs. Hadd6n'and Mr. Kean to approve temporary non-Civil Service appointments as rea~ carried. Clerk read notices of change in pay status for William Ballard, Police Department, from $252.00 to $25~.00 per month; Robert Kimball, Sanitation De- partment, from $1.42 to $1.46 per hour, from Helper to DriVer, and Baxter Shoemaker, Water Department from $1.35 per hsur to ~1.40 per hour. Motion by Mr. Kean and ~rs. Haddon to approve changes in pay status as read carried. City Clerk presented claim voucher from Nelson Equipment Company in the amomut of ~14,002.85 for paYment of a Bituminous Paving Plant delivered some time ago to the Street Department. Clerk stated this payment has been ~elayed because the plant has'not been set up; however, this is not the fault of the contractor because the City has no place to set it up at this time. It is stored at Anderson Cove Project Site. Mr. Vadnais of Nelson Equipment has assured both the Clerk and Mr. Wheaton that they are prepared to set it up a~ soon as the ~ity finds a place for it. Attached to the claim voucher was a memorandum from Mr. ~heaton asking the City Cotuncil to please pass this voucher. City Clerk recommended approval as requested by Mr. Wheaton. Notion by Mrs. Haddon and Mr. Kean to concur in the recommenmation and pass the voucher in thg gum of ~14,00~.85 carried. Clerk stated that at last Council meeting Mr. Casad requested that a change order be made on the ~merican Pipe and Construction Company contract for sup- plying pipe for the Twin Lakes gravity water line. Clerk read Change Order No. l, signed by W. Allen Grubb, Vice President of the American Pipe and Construction Company for addition to their contract with. the City in the amount of $2,0V1.20 for field coating the 28" steel wat- ter pip~ line at Twin Lakes. Clerk also read a claim voucher from that con, any for the amount of the change order. Motion by, Mr. Kean and Mrs. Haddon to approve the changg mder and the claim vouci~er carried. City Clerk presented agreement to extend and modify'Lease, signed by Of- ricers of the School District 100-C foruse of a portion of Civic Recreation Center, effective ~eptember l, 1949. Mayor stated the contents of the modification have been approved by Ar- min G. Jarh, who was Acting Superintendent of Schools and Andrew Pendergast, Superintendent of Parks and Recreation. City Attorney commented the lease was overlooked and missed two School Board meetings and this was delayed until this time. Motion by Mr. Kean and Mrs. Haddon that the Mayor and City Clerk be auth- orized to sign the lease, making it retroactive to September l, 1949 carried. Mayor con~ented for the information of the new City Attorney that extra copies should be made when the typist is making up leases, resolutions and ordinances, that the Clerk and Attorney and Depart~nent involved might have a copy, including in some dases, extra copies for the Treasurer and the City Auditor. November 2, 1949 (Con't) Mayor Kean state~ that the school district is proposing to reduce rent from $60.00 to $50.00 per month on Dormitory "B". The School District of- ficials have agreed that the rent increase at the Civic Center is justified but are going to ask for a reduction on the dormitory; however, Andrew Pen- dergast, has commented that the present rent is not too much considering the use the building is being put to by the district. Mr. Wallace said he could not take this matter up at the next ~chool Board Meeting as he will be absent but that he and Mr~ Parker are working on having a central warehouse to ~ring all outlying activities under one roof. Mr. Wallace also stated that he could see no objection to paying the $80.00 rental at this time. Clerk read letter dated October 28, 1949 from John C. Merkel, Secretary of the Planning Commission, setting forth:-~the results of Planning Commission Meeting held September 21 and 28, 1949, relative to rezoning certain proper- ty along Highway 21-B as requested by the City in Resolution No. 7OV. The Planning Commission Advisory CQmmittee's report was approved by the Con~nission, which report recommended that the property be not rezoned and that the property required be, condemned instead Of traded for commercialization. The matter was therefore disposed of by the Planning Commission without hold- ing a public hearing. Clerk stated this letter should have been at the Council meeting last week for reading. ~otion by Mr. Kean ~d Mrs. Haddon to note contents and refer with other matters of interest on this subject to the Committee of the Whole carried. City Clerk stated he had a letter dated October 24, 1949, addressed to the City Council from H.W. Kramer of James W. Carey & Associates, which sets forth that there are a few minor items which have not been installed or com- pleted by Hoagland-Findlay Engineering Company, sewerage contractor, Nanette Plant and Pump Stations i to 6 inclusive, and recommended that their work be accepted at this time with certain reservations. Mayor said that this letter should be delayed until Mr. Wheaten is pre- sent, and there seems to be too many loose ends. Mayor Kean said he believed there should be a recommendation from Hr. ~eaton. Clerk commented that a requisition came in the other day for work to be done on the propane heater in the Manette Station and it was his impression the plant was to be heated by sewerage gas that is to be manufactured there~ Motion by Mr. Kean aud Mrs. Haddon to delay action and refer to the Com- missioner oi' public Works and Utilities for a recommendation carried. Clerk read letter dated November 2, 1949 from Chief of Police to the Mayor requesting call for bids for four prowler cars and sell four used prow- ler cars. Mayor Kean s~ated that he asaumed this matter has been discussed wtth Mr. Vaa as it was originally proposed to buy one ca~ and turn in two. Clerk stated he had checked on this~request ~d presumably there is enough money in the budget. Motion by Mr. Kean and Mrs. Haddon to concur in recommendation and re- fer the matter to the City Clerk and Purchasing Agent carried. City Attorney reported that judgment was entered on the verdict of the case of City of Bremerton vs Sound Construction, Peter Kiewit, et al, and the City will acquire title of lands needed for West Brem~rton Sewage Treat- ment Plant upon depositing with the register of the Superior Court the amount of if2,720.00. Clerk stated this money will be~available in a few days from~the s ale of the water revenue bonds. City Attorney stated that the letter'read at, last Council meeting from Willard Parker regarding building encroachment on City Street, Rainier Avenue should be considered as a petition for vacating. City Clerk read letter dated October ~l, 1949 from the City Engineer to the Council, recommending that ~r. Parker be given the right to occupy a por- tion of the right-of-way of Rainier Avenue for a period of time not to exceed the life of the building. Letter also stated ~at rock walls in this vicinity project slightly into the street and the sidewalk is approximately ~wo feet fr~ the property lines. City Attorney stated it was his opinion easements and franchises are not possible to grant due to a City Charter provision which says no exclusive franchises shall be given to any individual. Mr. Parker is endeavoring to get a loan on his Bremerton property in order to set up business- in Richland Washington, and although handling the vacation will take longer than granting an easement or franchise, it would be proper, ~d Mr. Parker could be given a copy of the City's Resolution which shows the action the City is going to take. This would probably satisfy the loan agency. City Attorney read Resolution No. 715 as follows: November 2, 1949 (Con't) WHEREAS, there has been filed with the City Council of the City of Brem- erton, a petition to vacate a portion of Rainier ~Jenue,,more particularly described as follows, to-wit: (See Resolution Book, Volume Two, Page 58 for description) and WHEREAS, it appears that the building owned by the petitioners encroaches approximately .55 of a foot on Rainier Avenue but does not in~erfere with travel or the use by the general public of said street; and WHEREAS, other encroachments exist upon said Rainier Avenue; and WHEREAS, it appears desirable and proper that said petition ~hould be granted; NOW, TttEREFORE, BE IT RESOLVED by the City Council that said petition be heard and determined on the 23rd day of November, 1949, in the Council Chamber in the City Hall in the City of Bremerton; and that the City Clerk give notice of the pendency of said petition and that a written or printed notice of said hearing be posted in three of the most public places in said City and that a copy of said notice be posted in a conspicuous place upon a portion of the street to be vacated. Motion by'Mr. Kean and Mrs. Haddon to pass the resolution as read, car- ried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mx ~eaton, absent. City Attorney reported on the claim of Pearl Chapman where she claimed damages because her husband's body was moved from one grave to another with- out her permission and recommended formal disallowance of the claim on two grounds; First, the City had nothing to do with burying or unburying the body as that is taken care of by the undertaker; Second, the City didn't de- liberately do this and the mistake was in filing claim against the City in- stead of the undertaker. Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and not allow the claim carried. City Attorney reported on proposed ordinance to license music in taverns. The matter had come to a standstill when Mr. Johnsen left the office of City Attorney and James McCallum has again asked to have the matter brought up. Discussion followed on the entire subject of music in taverns and the Mayor stated he was not in favor of allowing this. Mayor Kean said that he had discussed music in taverns with the State Liquor Control Board, Admiral Bledsoe and others concerned, and the concen- ,sus of opinion is that if allowed, the City would be heading for troubles however, believe the matter should be held over until Commissioner Wheaton is present so that the Oouncil can be in accord on its action. City Attorney reported on proposed annexation of county strip adjacent to Eastpark and Sheridan Park and stated he had forwarded information to Evergreen Theatres as requested by City Council last week. City Attorney col~ented that Judge Ryan had inquired about a petition to annex an area around Oyster Bay. This petition has been circulated and probably will be filed with the City within a few days. Oluf Johnsen has already given an opinion that the fire district there would not complicate the ~nexation. Discussion followed on water for the district, as they have their own wells. Whether or not they would be forced to connect with City mains was not ascertained and Mayor Kean said_he would contact Mr. Casad and inquire as to this matter. The City of Bremerton reported on the case of Bulette vs the,City of Bremerton. He said that Mr. Bryan, Jr., ha~ contacted the insurance com- sany in Seattle an~ they are willing to pay their share which amounts to lO,O00.O0; also, would pay costs. Neither Mr. Bryan, representing the insurance company, nor Mr. Wallace, City Attorney, can see any use in petit- ioning t~e Supreme Court for a re-l~earing, as all five judges in one depart- ment were in accord on the case. City Attorney stated there is one point about renewal of insurance, and there has been a recommendation that something ~ould be done to get some legislation passed to protect City's in such cases relating to use of City streets. Mr. Wallace s tared the insurance company might either pull out of this protection or raise the rates so high as to make the City be in a position to become it's own insurance carrier. Mr. Wallace recommended referring this matter ~f legislation to the Association of Washington Cities to take up as prospective legislation. Mayor asked the City Attorney to get something in writing so that the Mayor might be able to take it up witl~ the Executive Board of the Association of Washington Cities. City Clerk stated he has been trying to find out why the insurance pol- icy gives a limit of $10~000.00 liability and believes an insurance board, several years ago, recommended this amount. Discussion followed on self- insurance but no action was taken 283 November 2, 1949 (Con,t) Nfs. Haddon stated she had noticed Nr. Hunt was hauling dirt from where the new sewage disposal plant is to be and dumping out at the Head of the Bay. Mrs. Haddon wondered if he had received proper instructions from the City- County Board .to do this and was following any plan for his operations. Nr. Kean stated the matter of a lease with ~r. Hunt for that area had been held up pending getting an appraisal from Mr. Fttlmer for Nr. Wheaton; however, Nayor Kean said he would have ..the City Engineer check up on the dirt hauling and dumping by Mr. Hunt. Nayor also commented that the action of the joint City-County Board was held up until they have received a recormmendation from Mr. Wheaton. Nayor stated he had been approached by Nr. Kneeland who is being bother- ed by pigeons nesting at his building and wanted to know what could b e done. The City Attorney stated that he believed Mr. Kneeland could devise traps on his roof and there would be no legal complications; a~so, the police might be able to do something under their police powers. The City has no legal auth- ority for extermination. Notion by Mr. Kean and Mrs. Haddon to allow all bills if approved by a majority of t~e Commissioners carried. Notion by Nr. Kean aud Mrs. Haddon to adjourn carried. APPROVED: City Clerk Mayor