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HomeMy WebLinkAbout08/04/48 Au~mst 4, 1948 Regular meeting of the City Cotuncil of the City of Bremerton, Washing- ton was held in the ~Iayor's office at the City Hall at ten o'clock A.~;[. Wed- nesday, August 4, 1948. Mayor Kean presiding with the following being pre- sent: Commissioner Haddon, Co~mnissioner Gorst, Treasurer Nutter and Assis- tant City Attorney Wallace. ~,~otion by ~'Ir. Gorst and Mrs. Haddon to approve the minutes of the pre- vious regular meeting as written, carried. ~'[r. Vaa, City Auditor, appeared before the Council to announce that the Street Department, with this payroll period, had overdrawn the budgeted amount for extra labor and more funds would have to be made available to pay the cur- rent payroll. ~ayor Kean asked if an emergency should be recognized at this time and Mr. Gorst amvised if possible it should be delayed as more money will have to be appropriated by m~lergency for salaries for the Street Department if the good weather continues in order to complete needed work, and suggested an emergency appropriation of ~4,000.00. Attorney Wallace suggested borrowing from another budgeted salary in order to pay this ctm~rent payroll and preparing an emergency later ~en it is definitely kno~m the amount needed. The Cottncil expressed themselves as being in accord with this plan and that this would justify an emergency ordinance but would delay the actual passage until such a time as it is required. The City Auditor was instructed to handle this payroll in this manner. Clerk read reports of separations as follows: Carl Trout, Fire Depart- ment; Charles A. Parkhurst, Library 5anitor; Robert G. Stpne a~d Kirk Ro Aldrich, Sanitation Department. ~.~otion by Mr. Kean and Mrs. ~addon to approve the foregoing separations, carried. Clerk read notice of employment of Herman R. Ricks, Helper Sanitation Department at ~1.33 per hour. Motion by I~r. Kean and Mrs. Haddon to approve the temporary non-civil Service appointment, carried. August 4, 1948 (eon't) Clerk read change in pay status for Donald S. IIoltine from helper to driver for the Ssmitation Department. Motion by l~,~rs. Haddon and I.Ir. Kean to approve the change in pay, carried. Clerk read application for location license to install pinball machines at: Einer's Diner, Coney Island Lunch and Keystone Cafe all approved by the Chief of Police. Motion by ~r. Kean and l~dr. Gorst to approve the request for a license for pinball machines for the foregoing, carried. Clerk read certification by D.F. Carter that he had sold his Navy Yard Taxi- cab Company to Harry Lane and requested transfer of licenses on four cabs, lic- ense numbers 38,39,40 a~d 41. 01erk read Taxicab Stand Application from Harry C. Lane for a stand at 103 Washington Avenue advising that this stand will eliminate his stand at 128 First Street. Nfs. Haddon advised that she thought the requests should be granted if ap- proved by the Chief of Police and on motion by Mr. Gorst and ~r. Kean the mat- ter was referred to the Chief of Police and if approved the licenses should be issued, carried. Clerk read inter-office memorancum from C.~. Casad, Water Superintendent, to ~r. Wyckoff, declaring the watc~nuans cabin at No. 4 reservoir surplus and that it be sold. ~?~otion by ~ir. Gorst and i~r. Kean to refer the matter to the City Clerk and purchasing Agent for disposal, carried. Clerk read letter from Wendell R. Vaa, City Auditor, suggesting that the Council pass a resolution requesting authority from the State Finance Conm~ittee to direct the Treasurer to transfer $14,~19.8~to State Development~ Sewage Treat- ment - Project No. ~8-1-1?8. Adding that it will be ne~'essa~y to provide match- ing funds in the amount of ~0,$~?.85 and suggesting that this.~amoumt'be inotuded in the 19~9 Street ~Department Budget. Further requesting that the Treasurer should be authorized to transfer i~9,46~.05 to the Street Fund being the unexpended por- tion of that department's contribution to this project. Notion by Nr. Kean and Mr. Gorst to concur in the reconm~endation and refer the matter to the City Attorney for preparation of the necessary papers, carried. Clerk read letter from E.S. Severance with petition attached, requesting the improvement of Nipsic Avenue between E. l~th Street and E. l~th Street by construction of a sanitary sewer and recon~enming that the City establish a local improvement district for such improvement and pass a resolution calling for a hearing of protests on the ~$th day of August, 19~8. Notion by ~r. Gorst and ~Ir. Kean to concur in the recommenmation, carried. Clerk re~d Resolution No. 8~$ as follows: BE IT RESOLVED BY THE CITY COUNCIL 0F THE CITY OF Bi~ENERTON: Section 1. That the public interest requires the following improvements to be made. Section ~. That it is the intention of the City Council of the City of Brem- erton to order the improvement of Nipsic Avenue between E. 13th Street and E. 10th Street by construction of a sanitary sewer together with the doing of any and all other work in connection therewith as may be necessar~y 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 protests to said improvements, the estimated cost and expense of such an improvement, and a statement of the proportionate s~nount thereof, which should be borne by the property within the proposed assessment district, and a statement of the aggre- grate assessed valuation of the real estate, exclusive of improvements, within such proposed district, according to the vaulation last placed upon it for the purpose of a 8~eneral taxation, together with a diagram or plan showing thereon the lots, tracts, and parcels of land and other property which will be specially benefited thereby and the estimated amount of the cost and expense of such im- provements to be borne by such lot, tract or parcel of land or other property. Section 4. That the cost and expense of said improvement to be borne by said improvement district and exclusive of 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 wherein the special benefits conferred upon the property are not fairly reflected by the use oi' the termini s~d zone method, the assessment shall be made against the property of the district or any certain unit within the district in accordance with the special benefits it will derive from the improvement with- out regard to the zone and termini method, and in accordance with the provisions of Section 9365 of Remington's Revised Statutes of the State of Washington, the remainder of said cost of the improvement to be palm for by arrangement , if any, with either the State of Washington or other government agency. Section 5. 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 s~d all lots, tracts, or parcels of land, or other property, specially benefited by the ira- August 4, 1 948 (Cch't) provement, by mailing to the owner, or reputed owner of the property as shown on the tax rolls of the County Treasurer, at the address shown thereon, a not- ice setting forth the nature of the proposed improvements, the total estimated cost and the estimated benefits to the particular lot, tract or parcel, and the date of the hearing before the City Commission at least 15 days before the date fixed herein for such hearing. Section 6. That Wednesday, the 25th day of August, 1948 at 11:00 o'clock A.~.~. ol' said day be and the ssm~e is hereby fixed as the date of hearing pro- test aga,inst said improvements by any persons interested therein; and the City Clerk be and is hereby authorized and directed to publish a copy of this re- solution in the official newspaper of said City for at least two successive is- sues, the first issue shall be at least 15 days prior to the date herein fixed fora aid hearing, anti said 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 to all concerned in said proposed improvements. ~iotion by ~r. Gorst and Mr. Kean ~o pass the resolution, carried as fol- lows: L.~r. Keam, Yes. Mrs. Haddon, Yes. Mr. Gorst, Yes. Clerk read letter from.E.S. Severance and Wendell ~. Vaa and 01ur John- sen, committee for the answering of questions on the preliminary report No. 1 of the proposed sewer project, with recommended answers to the questions also a proposed plsm of operation which they believe to be feasible. Calling atten- tion to item c, and suggestin6 that Commissioner Gorst outline what capital improvements are plsmned for the ~ater Department. Further advising that if this report meets with the approval of the °ouncil, a copy, together with Com- missioner~Gorsts answer to question c be forwarded to Wm. P. Harper & Son & Company so they can go ahead with the final financing plan. Commissioner Gorst advised that he would have the answer to item c this week when the budget is finished. As the decision must hand fire until Mr. Gorst~s answer is received a motion by ~'~r. Kean ,to refer the report and letter to the Co~m~ittee of the Whole for discussion and consideration at a meeting next Tuesday at 10:00 A.~. with the City Engineer, the City Treasurer and the ~ity Attorney, at which time other pending matters will be brought up for discussion, carried. Clerk read letter from Selective Service System, Charles M. Toynbee, State Director, advising that a local board oi'fice is to be established in Bremerton and requesting information as to available space in a ~ublic build- ing under the control of the City. Mayor Kean announced that we could offer space in the First St. Dock. ~otion by I~[r. Kean and Mr. Gorst to refer the letter to the Committee of the Whole for consideration at Tuesday's meeting, carried. Clerk read letter from B.P.0. Elks Lodge No. 1181 requesting that a load- ing and unloading zone be established on Fifth Street, between Pacific Avenue and the Elk's parking lot at the front entrance to the Elks Club. Mayor Kean advised that he had inspected t~at site with that idea in mind but had found that a taxi stand had been already approved for that portion of Fifth Street and he would like very much to grant the request made by the Elks. ~,~otion by Mr. Kean and ~r. Gorst to refer the matter to the Police Depart- ment for recommendation and announce our willingness to comply with the request if arrangements can be made to move the taxi stand, carried. Clerk read letter from L.R. Durkee, Division Engineer of the Federal Works Agency acknowledging receipt of our certified check in the amount of ~10,104.38 in payment of Project 45-226-F, Water Facilities, Bremerton, advising that a quit claim deed for the identified project has been handed to the City Clerk. The Clerk announced that the Quit Claim Deed had been received by his of- fice. Contents were noted and ordered filed. Clerk read letter from 01ur Johnsen, City Attorney, presenting an ordin- ance as requested by the City Council. Clerk read proposed ordinance appropriating funds for miscellaneous fees and costs of maintaining and operating the offices of the City Treasurer and City Engineer, and declaring an emergency. Motion by ~r. Gorst and Mrs..Haddon to approve the ordinance on first reading, carried as follows: ~ir. Kean, Yes. ~rs. Haddon, Yes. Mr. Gorst, Yes. Clerk read letter from the City Engineer advising that the transaction for the purchasing of a right of way along Ohio Avenue for street purposes has been completed and enclosing the Warranty Deed, Title Certificate, appraisal and the original letter from the City Engineer, and reconm~ending that the City ~lerk be instructed to file the deed for recording by the County Auditor. August 4, 1948 (Con't) Motion by Mr. Kean and Mr. Gorst to concur in the recommendation and refer to the City Clerk for action, carried. Clerk read letter from E.g. Severance, City Engineer, advising that no part o£ Stoneway Avenue is within the City Limits and lies entirely in the County. Clerk read letter from James R. Riley requesting that the City take action to repair the condition of Stoneway. Following a discussion a motion by Mr. Kean and Mr. Gorst to refer the let- ter from Mr. Severance and Mr. Riley to the County Commissioners for any action they see fit, carried. Clerk annotmced the receipt of petitions from the Citizen's Commiteee for City Manager Form of Government and advised that his office had begun checking the signatures yesterday. Clerk read ~ tter from Ken G. Branch, Secretary of the Ci~zen's Committee submitting 43 petitions containing 796 signatures of registered voters of the City of Bremerton. The City Clerk advised that in compliance with the Charter we have proceed- ed to check the files against the signatures and called attention of the Council to the fact that the State Law requires that proposals be submitted to the County Auditor at least 45 days before election and this proposal should have been in their hands by Saturday, July 31st, but had not been received in his office un- til l:15 P.M. August 3, 1948. The City Attorney advised that the Council had a choice of refusing to cer- tify the proposal to the ~lection Board because it was not filed at the correct time or certifying it to the ~lection Board and let them take the action. In either'case there would be no penalty attached. Mayor Kean suggested that the Clerkts office check the signatures as fast as it could be done reasonably and then certify it to the County Auditor. The Attorney advised the Council had the right to turn down the proposal but would have to bear the burden if sued, and added that the proposal could be submitted at the following election as it had been received too late for the September 14 election. Motion by Mr. Kean and Mrs. Itaddon to instruct ~e City Clerk to proceed with the checking of the signatures against the regustration files au~ if found to be sufficient and correct refer to the election board, carried unanimously. Clerk read Claim for Damages from Mrs. Conrat T. Beach, 34V Willow St, in the amount of $8.67 for a pair of orthopedic shoes she claims the garbage col- lector took with garbage, and which she had put on top the can to dry. Motion by Mrs. Haddon and Mr. Gorst to refer the claim for damages to the City Attorney for further action, carried. Clerk read Release of the premises of W.A. VanZee of any claim by the City of Bremerton for sewer connections. Motion by Mr. Gorst and Mr. Kean to approve the release an~ authorize the Mayor and the City Clerk to sign, carried. Clerk read recommendation from Assistant Chief of Police Morken disapprov- ing the request of L.M. Williams, Building Manager of the Harrison Building, that a loading and unloading m ne be estaOlished at 509 Fourth Street, on the grounds that there is a 24 foot loading ~ae on the S.W. ~orner ~hich is consider- ed sufficient for theneeds of the Harrison Building. Notion by Nn Kean and Mr. Gorst to concur in ~e reco~uendation and refer to the City Clerk for notifying Idn Williams, carried. Mr. Nutter reported that he had talked to Mr. Vaa and Ers. Haddon regarding the practice of declaring bills delinquent when the last due date fell on Sunday; the Ordinance does not specify any extension of time ~d many customers had paid the delinquent fee under protest. The Assistant City Attorney advisem ~at the State Law ~ould rule in the absence of a specific City law and the Accounting Department could go ahead under that supposition without changing the present ordinance. Mr. Nutter requested a motion directing the Accounting Department to give credit for penalty as of August Second on their next month's bill. Motion by Mr. Kean and Mr. Gorst to refer the matter to the City Attorney for the opinion as requested carried. Mr. Nutter reported that he has checked on business licenses and has been very successful in the dollections. Mr. Gorst presented a request from the State - it seems that in 1931 the State got a lease and wants to release back to the City the property obtained as a borrow pit, and should be referred to the City Attorney for the preparation of the necessary papers; Mr. Casad recommends that the forms be completed. Motion by Mr. Gorst and Mr. Kean to refer the matter'to 'the City Attorney for the ~ecessary.papers carried. August 4,'1948 ('don't) Motion by Mr. Kean and ~Irs. Haddon .to allo~ all bills presented at this meeting if approved by the majority of the Council carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Gorst, Yes. Dr. Benham, Public Health Officer, appgared before the Council to advise that in making their 1949 budget they had f.ailed to include matching funds for retirement of their employees, w.hich would ~o into effect on April 1st, and therefore more money would probably have to b9 put up by the Ciby in order to help cover this. Dr. Benham advised that the County P.ublic Health employ- ees come directly under the County. Mayor Kean advised the County would have to be, the one to put up the mat- ching funds for their retirement. ~ Mr. Severance, City Engineer, appeared bgfore the' Council to present NLrs. Jackson, ~ho is a resident of Taft Avenue~. Mrs . .u Jackson requ~ested'that the Council reconsider the ordinance changing the name of Taft Av.enue to Blo~om- ington Avenue, arguing that it would be considerable expense to her as she is is business and letterheads and statements would have to be changed. Also that all the residents of Taft were against the change in name. ~layor Kean, Commissioner Haddon.and Commissioner Gorst agreed in that they would not be in favor of re,considering the ordinance and it would re- main as passed. The City Clerk advised that the Attorney had held the resident ordinance in his office pending receipt of the City Manager petitions smd as far as he knew it was still there and had ~ot been certified to the Election Board. Attorney Wal lace advised it could he,~ brought to a vote of the people at the General Election. I~10tion by Mr. Kean and I~r.. Gorst to adjourn, carried. Mayor