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HomeMy WebLinkAbout11/23/49 November 23, 1949 Regular meeting of the City Council of the City of Bremerton, Washington was held on November 23, 1949 at 10:00 o'clock A.M. in the Mayor,s Office, City Hall. Mayor Kean presiding with Commissioner Haddon, Commissioner Wheat- on, City Treasurer Nutter aud City Attorney Wallace being present. City Clerk McGowan absent end represented by Chief Deputy Clerk Yeadon. Motion by Mr. Kean and~Mrs. Haddon to approve minutes of November 16, 1949 as written carried. Chief ~eputy stated this was date anG time for hearing on vacating a por- tion of Rainier Avenu~ (located near Sixth Street and petitioned by Willard Parker), and that no protests either written or verbal had been received. May- or then asked the City Attorney to read the ordinauce. City Attorney read ordinance, first reading, vacating a portion of Rainier Avenue, adjacent to Lot 30, Block 4, A.K. Velton's First Addition ~o Charleston. Motion by Mr. Kean and Mr. ~eaton to approve ordinance on firs~ reading carried as follows: Mr. Kean, Yes. ~s. Haddon, Yes. Mr. Wheaton, Yes. Separations were read by Chief Deputy as follows: Harry M. Schlabach, Street Department and Arthur W. Freitag, Water Department. Motion by Mr. Kean ~nd Mr. Wheaton to approve separations as reaG carried. Chief Deputy reaG payroll voucher for perioG ended November 15, 1949, war- rants No. 19288 to 19583, inclusive, for $38,981.31. Motion by Mr. Kean aud Mrs. Haddon to approve transfer as read carried. Chief Deputy read application for shuffleboard at Stan's Drive Inn, 2003 E. llth, signed by Stanley R. Baselt, approved by C. Lewis, Chief of Police. Motion by Mr. Kean and Mr. Wheaton to approve the application carried. Claim for damages read by Clerk from High E. Williams, 914 Shore Drive, Bremerton, dated end filed on November 21, 1949 for $19.7§ for tire plus re- pair of tube in amount of $1.50. Claimed to have ruined tire on November 9, 1949, Shore Drive at Trenton, on chuck holes. Notion by Mr. Kean and Mr. Wheaton to refer the claim to the City Attorney carried. Claim voucher rea~ by Chief Deputy from ~illiams & Brach for balance due for architectural services to Manette Community ~uilding in the amount 6f $~49.97 approved by Andrew Pendergast and audited by w.R. Vaa. Motion by Mr. Kean and Mr. Wheaton to ~prove the claim carried. Letter Was read by Chief Deputy from James L. Rondeau, District Supervisor Bureau of the Census, Gated November ~2, 1949, returning the signed original copy oI' the 0ccupan~y Agreement i'or space on the 'First Street Wharf. Motion by Mr. Kean and Mr. Wheaton to note contents an~ reI'er to the var- ious departments concerned carried. Letter was read by Chief Deputy from Donald 0. Moore, 1213~?Eighth Street, requesting a permit to pick ferns in the watershed. DiscuSsion followed and Mr. ~heaton stated he favored granting a permit for a definite period to some firm engaged in the business of picking ferns and they, in turn, could let their picEers go on the watershed during the life of the permit. City Attorney stated this was a matter for the department head and not f or the whole Council. Motion by Mr. Keau and Mrs. Haddon to refer to the Commissioner of Public Works and Utilities carried. Letter was reaG by Chief Deputy dated November 22, 1949 signed by Edward Bremer, for Bremer'sDepartment StOre, asking forpermission to have a loa~ ng zone installed at their Burwell Street entrance for the purpose oI' having an attendant take customers' cars down to theparking lot at the end of Second Street The letter further stated this was being inaugurated as a plan to relieve traffic situation during the peak period. The store also has plans for install- ing a marquee to protect their customers from the weather. mr. James McCallum was present anG represented Mr. Bremer, stating this would involve just one parking meter. Mr. Wheaton suggested something might be worked out so that the meter could be operated on the hours not out of service when the loading zone would b e in use, so there wouldnot be a loss from the meter. In the discussion that followed, the City Attorney suggested that t he meter might be hooded when out of service. Mayor said he felt this was more a privilege than a right and the Police Department should make a recommendation. Mayor stated to Mr. McCallum that if this request were allowed and later on had to be cancelled because of receiving too many requests, then there would be no hard feelings. 294 November 23, 1949 (Con't) Motion by Mr. Kean and Mr. Wheaton to refer the~conEunication to the Traffic Division of the Police Department, and that the Council has no ob- Jection but that this is a privilege and not a right carried. City Attorney stated he had a tentative draft of a lease between City- County and Mr. Hunt for the area at the HeaC of the Bay, drawn up in accord- ance with ~nvers~tions held last Saturday morning at Which time Mr. Fulmer was present. Mr. Wallace suggested this be submitted gsa proposed lease anG turned over to the County Commissioners and Mr. Hunt; that this is Just an outline of the terms which might be acceptable, andnot recommended that the Council ap- prove it because it is not in written form for approval. Motion by Mr. Kean and Mr. Wheaton to submit the proposed lease to the County Commissioners for approval and Mr. Hunt for approval and for further discussion carried. City Attorney stated he hag received annexation petition back from Ever- green Theater and they did not sign it. 'Mayor asked to have it referred to the City Treasurer for tabulation. City Attorney, making progress report of obtaining right-of-way on High- way 21-B, read a letter he had received from james O. Arthur, Attorney for Ray Nosker, stating that he will settle the negotiations forpurchase by the City of a portion of his front yard by payment ~ him of $190.00 cash; con- struction by the City of a suitable cement bulkhead across the front of his property, including the s~eps to lawn level; and no cost to him by way of sidewalk or street assessments. Mayor Kean asked that this letter be referred to Mr. Severance to outline costs. City Attorney reported that he had written a letter to Helen Graham, Attorney for North Perry Avenue Water District, in which he had threatened that the City would shut oI'f'their water immediately if the contract for de- livery oI~ water was n6t signed and he said he had not heard anything from her as 6f this date. Mr. Wallace said these are 6npaid Con~nissioners out ther and may be a little hard to get them together but suggested'they be advised of a definite date on which their water would be shut off. Mr. Wallace recommended that five days after another notice is given that the water be turned off if they have not signed. Motion by Mr. Kean and Mr. Wheaton to authorize the City Attorney to con- tact Helen Graham and give a second notice of five days shut off from th~ date of sending out the notice, or the 30th day of November, 1949 carried. City Attorney'reported that as far as any investigation is concerned on the claim for damages filed by Dr. Seward that the insurance company is liable ~c they should go ahead and negotiate the~claim. Mr. Wheaton suggested that investigation b e made to see if there is enough room for trucks to go by that fence.' Further discussion was held on claims for damages against the City and it was pointed out by the Chisf Deputy City Clerk that it was apparent from his experience in connection with claims that Cit~ Employees are not fully cooper- ating in reporting accidents in which they are connected, or in reporting haz- ards which may result in claims. Chief Deputy recommended that a circular letter be given to e~ery City Employee setting forth the improtance of reporting these matters, giving the procedure of reporting claims and setting £orth penalties if City Employees are found not to be cooperating. Motion by Mr. Kean and Mrs. Haddon that the City Clerk and Purchasing Agent and City Attorney prepare something for distribution to all City Em- ployees along the lines as outlined carried. M~. Wheaton reported that both the Water Duperintendent and City Engin- esr have ha~ a considerable number of conferences with Carey and Company re- gardlng ~mpletion of the Manette Sewage Disposal System. The plant is oper- ating but they are having some troubIe with pump stations an~ a few odds and ends that should be'clarified. Mr. Wheaton said that it is not proposed to make final acceptance until the Water SuperintenGent anG Engineer are in agree- ment. Mr. ~neaton reporting for the record stated that the Phlnney Bay Water District is planning to put in hydrants on their system, part o~ which is in the City, before divorcing the City part from the district that is still in the County. The water district commissioners have met and awarded a con- tract to Tony Jakobini for~installing~hydrants but ~hts is for 4" hydrants which the City does not like. 295 November 23, 1949 (Con't) Mr. Wheaton stated he had Inrormed Paul Werner, who represents the dis- trict, to have the same size hydrants installed as used by the City, which is 5". The water district desires the City to pay $25.00 per meter if 5" hyd- rants are to be installed. The matter is presently at a standstill. Mayor Kean asked if the City was not supposed to have approved the hydrants to be used and Mr.'Wheaton said that was right. Mr. Casad, who was present, stated the City has not adopted a standard hydrant, but were going for 5" rather than 4" and he said he did not know they were going to call for 4t' hydrants until Just before the district was to open bids. Mr. Wheaton said that the revised contract calls for them to bring in plans and Mr. ~Casad con~ented that they brought in their plans and stated they were in accord with our desires and assumed they were 5" hydrants. Mr. Kean stated a procedure has been set up to deal with water districts and Mr. Wallace recormmended following procedure and should negotiate as the City is not under any legal responsibility to furnish water outside the City. Discussion was h~ld on who should be contacted, Mr. Jakobini or the water district, and Mayor cormmented that procedure was set up for these matters to be handled by the Water Superintendent and City Engineer. Mr. Wallac~ stated that hydrants in the City are under the City's absolute control and should negotiate with them. Mr. Wheaton stated this was his responsibility and would follow through on this matter. He said he will insist on standard hydr~ ts and they will have to pay for it. Mr. Wheaton stated that in order to,ring the Anderson Cove proposal to re- zone to a head that something should be done by the Council. He said that they, the City, could either go ahead and use the site or if this was not allowed, then the City could dispose of the property and look elsewhere. Mr. Wheaton said the City coulG not dispose or property such as this unless it could not use it for the purposes for which it was purchased. Motion by Mr. Wheaton that due to the action of the Planning Board the City go ahead on using Anderson Cove and authorize the Engineer to make up plans for division of it. Mr. Kean stated that under a new proposal, the City is going to have Res- idential I and 2, anG Business and Manufacturing zones there. Also suggested by City Attorney that the City should first deny the appeal filedby Mr. Ditty. Mr. Wheaton withdrew his motion. Motion by Mr. Wheaton and Mr. Kean to deny the appeal, carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Motion by Mr. ~heaton and Mr. Kean that the City go ahead and occupy And- erson Cove, authorize t~ae City Engineer to make a survey anG plaus for its use and instruct the City Attorney to prepare the necessary orGinance carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes. Mayor saiG that in ~nnection with using Anderson Cove, he wondered if the City Council should pass a resolution setting forth proposeG uses and, while can,t bind any succeeding con~issioners, maybe it would be a guide to them as to what this present Council's intention was. City Attorney stated this would have no legal standing but might help in public relations anG may be of assistance as a future guide. Mayor Kean stated that at the executive meeting of the Association of Washington Cities last week end, he brought up the matter of Bulette Case and possible legislation to assist cities in similar suits. It was deciGed that very little coulG be done. Mayor reporteG that next convention city for the Association of Washing- ton cities was to be Walla Walla on June 7,8 & 9, 1950. Mayor reporteG that it was determined at the Executive meeting oi' the Association or Washington Cities that each city is waiting to see what the other is going to Go on slot machines and said he believed this shoul~ be Bremerton's a~tituae because this City has anticipated about $65,000.00 in revenue from this source an~ Mayor saia he didn't see how the City could elimina~e that much in expenditures so it would be necessary to have some other source of rev- enue if this one fails to materialize. Merrill WaLlace stated that on the Bulette suit, the insurauce company is making available to Mr. James N. Bryan, Jr., their local attorney, the $10,000. anG costs in Superior Court anG that a remitter should be here in a short time from the Supreme Court. Merrill Wallace stated that on the Dormitory "B" lease, the School Board is not willing to negotiate a new lease and woulG like ~ stay month to month. Mayor Kean sta~ed that the present lease stipulates this privilege and so all ~hey have to do is to Eeep paying. Mayor as~e~ what progress was being made on stuGies for selective logging on the watershed anG Mr. Wheaton stated he hag been discussing this with a for- ester from Pope and Talbot Mill Company. November 23, 1949 (Con't) Mayor stated the American Municipal Association is meeting in Cleveland on November 30, December I and 2, 1949 ana he would like to go and the Asso- ciation of Washington would like to have him go. If satisI'actory arrelngements can be made to pick up a City car on the latest award at the factory and re- ceive a freight adjustment, then he and Mrs. Kean would go. Motion by Mr. Kean and Mrs. Haddon to allow all bills ii' approved by a majority oI' the Commissioners carried. The City Treasurer reported that the petition for annexation of the County strip adjacent to Eastpark and Sheridan Park has been signed for about 20% of the needed percentage of assessed valuation. Mr. Nutter stated the needed percentage could not ~ picked up unless the Evergreen Theatres signed the petition. Mayor commented that the resicents there would haEe to pay $125.00 hook- up charges for ~nnecting with sewage treatment sewer. The Chief of Police was present at the Council meeting and the Mayor informed him that when calls come in from over there they should call the Sheriff's Office. Motion by Mr. Wheaton and Mr. Kean to ~eclare the Water Department~Pon- tiac Sedan surplus and transI'er~itto ~he Engineer,s Office carried. Motion by Mr. Kean and Mr. Wheaton to adjourn carried. APP~0VED: City Clerk