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HomeMy WebLinkAbout05/13/47 ~Y 13, 1947 The regular meeting of the City Council of the City of Bremerton was held in the Mayor's Office on Tuesday, May 13, 194V, at lO:00 o'clock a.m. Mayor Kean presiding, Commissioner Haddon, Commissioner Gorst, City Treasurer, City Attorney and Ronnie Gusa, Boy Scout who was present as part of earning his Civic's Merit Badge for an Eagle Scout~ Motion by Mr. Gorst and Mr. Kean to approve minutes of May 7, 1947 as written, carried. Clerk read Reports of Separation for Carl L. Schold, Cemetery and Pauline B. Sortor, Water~ Motion by Mr. Kean and Mr. Gorst to approve Separations, carried. Notice of Employment was read by Clerk for Sexten L. Anderson, Cemetery and Chang'~ in Pay Status for Fay Wethern, Municipal Court. Notion by Mr. Ke~n and ~irs. Haddon to approve Employment and Change in Pay Status carried. Clerk read letter l'rom Fire-Hall Building Association, Zonel, South Kitsap Fire District, which states South Kitsap Fire District has been formed and is to be sup- ported by a 4 mill tax levy voted upon by the people last summer. Revenue will start in 1948, and 5 years' tax revenue has been pledged for purchase of fire-fighting equip- ment. No tax funds available I'or construction of fire hall at the Head of the Bay to house new truck, property owners voted to form Fire-Hall Building Association, and to solicit donations from property owners in accordance with the value of property hold- ings. City of ~remerton is major property owner, owning several pumping plant struct- ures, 3 residence~ and other buildings, and they therefore ask the City for a contri- bution of $200.00. Ask that Council act on this at next meeting. Signed Mrs. R. T. More, Secretary. Mayor remarked that this letter had come in and been referred directly to the City AuGitor and City Attorney for recommendation. Letter signed by City AuGitor and City Attorney was read by Clerk re above re- quest for contribution, which stated without discussing the merits of the proposal be- lieve it is their duty to advise that such a contribution would be illegal and the re- turn might later be required by the City. Constitution of the State of ~ashington provides that no municipality shall use its credit for the benefit of any other pri- vate individual or corporation and any attempt by the City to assist the Fire-Hall Building Association would be a violation of the constitution. Possibly good portion of the watershed of the ~ity is in the fire district, but no exceptions to the fore- going rule are known, and advise the Council that it has no power to make such a con- tribution. Signed Wendell R. Vaa and 01uI' Johnsen. ~otion by Mr. Gorst and Mr. Kean that the City Clerk be instructed to acknowledgef the letter from Fire-Hall Building Association and forward a copy of the Attorney's letter, carried. Clerk read letter from City Attorney regarding claims for C.C.Casad, H. Eckland and C. Lombard, ~ich had been filed against the city for compensation for the period of t~me which they were suspended. Letter states the question had been referred to the Division of Municipal Corporations, and reply has been received signed by Lawrence Hubble, Chief Examiner, in which it is stated that it is the opinion of the Attorney General that the city is precluded from payment of compensation and that the employees are limited to an action at law for recovery if that is their desire. Copy of Mr. Hubble's letter attached. In view of this opinion Attorney recommends that the claims of the employees for compensation during period of suspension be denied. Signed Oluf gohnsen. City Attorney read letter received from Division of Municipal Corporations re- garding claims against the City of Bremerton for regular compensation during the period for which they were suspended. Section 3@ of City Charter appears to cover situation. Part is as follows: "An employee may be suspended by the head of the department under which he is employed and thereupon his compensation shall cease." Matter was discussed with Mr. Lyle Iversen, Assistant Attorney General, who has same opinion. This opinion would not preclude employees instituting suit against the City forerecovery. Signed Lawrence Humble. There was some discussion on the fact that the Charter was not complete enough regarding suspensions. 'It was stated that if suit should be brought by the employees for compensation during period of suspension that the court's decision would clarify that section of the charter. Motion by Mr. Kean and Mr. Oorst to concur in the recommendation and deny the claim, and that the men be so notified, carried. NAY 15, 1947 (Cont'd) Clerk read letter from John T. McCutcheon, Chairman, Senate Committee of Cities, Towns and Counties, which stated that during recent Legislative Session he had worked in close harmony with officers and executives of the Association of Washington Cities. iHad the privilege of sponsoring much of the program of the Association, some of which iwas successfully enacted into law. Bills which were not passed, will probably be pre- sented and passed at the next session. Would be very glad to hear suggestions for remedial legislation for City's legislative problems. Signed John T. McCutcheon. Motion by Nr. Kean and ~r. Gorst to note contents of letter and refer to 01ur Johnsen, City Attorney, for a reply, carried. Letter was read by Clerk from Street Superintendent recommending that three Baldor 13 HP, Type 204, electric motors owned by Street Department be declared surplus and dis- iposed of as the Street Department has no use for them as they have been replaced by iheavier motors. Signed J. L. Hatfield. ~ Motion by Er. Gorst and ~r. Kean to declare the motors surplus and refer to the !City Clerk and Purchasing Agent to be ~isposed of, carried. Clerk reported that the Council had authorized the purchase of sealing and stamp- iing machine ±'or envelopes, and that since the machine had been ordered the price had iadvanced, and not it would cost over $$00.00, and according to the City Charter it !will be necessary to call for bids. i There was some discussion regarding such a situation and the "escalator clause" !in contracts for the purchase of equipment. ~1otion by Mr. Kean and Mr. Gorst that the Clerk be instructed to call for bids ifor the purchase of the machine, carried. Clerk stated that City Auditor had recommended that the Council approve the pre- iparation of salary warrants prior to having the payrolls approved by the Commissioners !in order to expedite the operation, as the Commissioners will be at the convention of iAssociation of Washington Cities at the time when the payrolls should be approved. i Notion by ~r. Kean and ~r. Gorst to approve preparation of the salary warrants !prior to having the payrolls approved by the Commissioners for the period from Nay 1 !to ~Iay 10, 19~7, carried. Copy of letter from ~aly Addition Improvement Club addressed to ~r. Paul Revelle, Department of Transportation, Olympia, was read by Clerk, which stated the Club was not satisfied with interpretation of Cause No. T-808~, as construed by Bremerton Charleston !Transportation Company an~ others unconcerned with problem in Daly area. Discrepancies lin paragraph 2 of the order not in agreement with negotiations of the bus company are !as follows: Daly Route begins on 1Zth & Naval and not 8th & Callow. (~) Route has !been changed to turn ~est on 7th & Pacific in lieu of West on llth & Pacific, and vice iversa. (3) Route has been changed to run both East and West on lSth in lieu of West ion 13th and East on 10th between Naval & High. Discrepancies have bearing on revenue Icollected, which factor determines the existence of service to Daly area. Seems prae- itically impossible to show profit on the ~aly Route, while a new innovation, llth Stree' !bus, is routed over a course practically coinciding with the ~aly Route for over half ithe length. Feel one route will serve North side of the City, and patronag® would iwarrant 20 minute service in lieu of 40 minutes. So-called expanded service results lin advantages and curtailments as follows: Advantages: Bremerton's North side and North iCallow District have access to Callow shopping area. Second transfer point is estab- !lished relieving congestion from down-town area. Disadvantages: Daly district now has ~0 minute service in lieu of former 30 minute. North Callow District now has ~0 minute !service in lieu of ~0 minute service. Daly Area faced with loss of bus service, de- isire expressed by Bus Company at the Hearing, because revenue of Daly Route must be ishared with llth Street bus. Feel above arrangement is poor exchange for 30% increase iin fares especially since changes were to be trials. Improvement Club ~eels that if a ~fair trial is given the District will support its share of a good bus route, and asks !for further adjustments of present unfair arrangement and that beginning of trial pe- !riod be postponed until adjustments are made. Asks impartial agent of Department of iTransportation act as arbitrator for parties concerned. Signed ~.Gawenka, Secretary- Treasurer. Council agreed that the bus company was primarily interested in making money, and therefore would give good service where profit could be made and no doubt some solution could be worked out by interested parties. Notion by ~r. Kean and Mr. Gorst to note contents, refer copy of the letter to Captain Phillips of the Traffic Department, and Tony Hatch of the Bus company with a request for their consideration of the proposals as outlined by the Daly Group, also inotify ~r. Paul Revelle of action taken, carried. Clerk read letter from Governor ~on C. Wallgren in regard to letter written by !Clerk as instructed by Council regarding daylight savings time for this area. Clerk ihad enclosed letter from Rear Admiral R.W. Christie. Governor's letter states his ioffice is cluttered with letters on the subject, but he has no power to declare day- flight savings and feels that such a program should be national to avoid confusion. iAuthority for daylight saving should be given the Governor by Legislature if it is de- !sirable. At present should he declare daylight saving time some cities would accept it iand others would reject it causing much confusion. Signed ~on C. Wallgren, Governor. i ~ayor suggested that contents of letter should be noted and letter I'iled, an~ ithat Admiral Christie should be notified of results. ~Y 15, 1947 (Cont'd) Letter from F.W.A. re Project Wash. 45-267 F and 45-901 F was read by Clerk. Letter is in reply to Clerk's letter advising that the City desires to defer commit- ting itself on purchase of Federal property. Understand uncertainity of disposition of Sheridan Park Housing project is main reason City wishes to delay. Understand such disposition will not be determined until Naval District receives appropriations for next fiscal period, July l, 1947. Appreciate reluctance but have been instructed to liquidate Federally owned Lanham Act projects within the year. Believe the emergency proclaimed by President may be termin~dv~e~ shortly in which case the leasehold interest City has in the projects would be terminated. Therefore, request City Council give consideration to their suggestion and negotiate re tentative sales price in order that the City may acquire the facilities without delay. Will eliminate unneces- sary delay in making firm offer which they feel could be recommended for acceptance when Naval appropriations are known. Signed A. F. Moberg. City Attorney also read letter he had received from F.W.A., in which it was state that they did not think the government would favorably consider the sub-leasing of Westpark Fire Station to the Bremerton Housing Authority as such action is contrary to terms of the lease agreement. Called City's attention to the acquisition of the pro- jects and hoped negotiations for the completion of the sale can be consummated in the near future. Signed A. F. Moberg. Attorney remarked above letter was in reply to letter he had written regarding City's release from agreement with the Agency on the Westpark Fire Station as the Bremerton Rousing Authority is anxious to get it, as is the Federal Housing Authority. Motion by ~r. Kean and Mr. Gorst to note contents of the letter to the Ci~ Clerk and refer to the City Attorney to work with Mr. Glen Wilder and Helen Graham on ithe matter, carried. Petition with 13 signatures, first signature Albert L. Soike, 2020 llth Street, was presented by Clerk. Petition called attention to lot 33, Moudy's subdivision, better known as 2014 and 201~ llth Street. The house at 2014 Eleventh burned beyond use several years ago, and was partly dismantled. At present it is a fire hazard and hazard to children and disgrace to community. Petition that the house be removed and yard cleaned up. Garage at ~01~ is about 30 year old wooden structure, and has de- teriorated to extent that the foundation is rotten and building leans to east ten inches, doors about to fall off and is an eyesore as well as a hazard to children and a fire trap. Ask that the building be condemned and removed. Hal~ of garage is on property not owned by garage owner as it was sold for taxes in 1944. Sidewalk in front of 2014 Eleventh is grown over with grass and berry vines and water runs down the stSe- walk when it rains for a few days so that the pedestrians walk in the street. Ask steps be taken to correct condition. Local agent for property is W. H. Barg, 218 Wycoff S. and owners are Nr. and Mrs. Harold J. Haney, 2B5 W ~Sth, Los Angeles, ?. Motion by Nr. Kean and Nr. Gorst to note contents and refer the petition to City Attorney, Fire Chief, Building Inspector, Health Officer and Street Superintendent, carried. It was suggested that the City Attorney report back if there are not proper or- dinances to take care of such matters, and if there are noen, that something should be prepared. Clerk read Resolution No. 5V9 re assessment roll being filed with City Clerk, providing for the assessment to pay the improvement of Vandalia Avenue between East Eleventh Street and East Sixteenth Street, LID 230, and setting time and place fo~ hearing on assessment roll as Wednesday, June 11, 1947, at 11:00 a.m. in Council Cham- bers of City Hall. Notion by Nr. Gorst and ~r. Kean to pass Resolution No. ~79, carried as i'ollows: Nr. Kean, yes; D~rs. Haddon, yes; Nr. Gorst, yes. Resolution No. ~80 was read by Clerk. Same as above only assessment roll for LID ESi, Hayward Avenue between East Thirteenth Street and a point 313.5 feet North of East Sixteenth Street. Same time, place, date for hearing. ~oticn by ~r. Gorst and Mr. Kean to pass Resolution No. 580 as read, carried as follows: Nr. Kean, yes; Nrs. Haddon, yes; Nr. Gorst, yes. Clerk read Resolution No. 881 re assessment roll on LID No. ~32, Nipsic Avenue Between E. 9th Street and E. llth Street. Same time, date and place for hearing. ~otion by Nr. Gorst and ~r. Kean to pass Resolution No. 881~ carried as follow; ~ir. ~ean, yes; ~rs. Haddon, yes; Nr. Gorst, yes. Ordinance No. 1~8 was read for final reading by Clerk, entitled as follows: AN ORDINANCE appropriating funds for use of the Water Department and declaring an emergency. ~otion by ~r. Gorst and ~r. Kean to ~ass Ordinance No. 1~8 on final reading, carried as follows: Mr. Kean, yes; Mrs. Ha~don, yes; Mr. Gorst, yes. there was some discussion on city employees being paid on the 5th and 20th of the month. ~rs. Haddon stated that she and ~r. God'st felt that the warrants should be issued when they are completed, as the money is actually earned five days before they are issued. It was decided that the matter should be left to the discretion of the City Clerk, but that there will be less confusion if definite pay days are set and employees are paid on those days. City Treasurer reported he was in possession of a quit claim deed on Lots 14-15 and 16, Shephard's Addition, near 13th & ~hester. There is $515.07 plus interest due on assessments on these lots, making total cost about $700.00, and Treasurer asked MAY 13, 194V (Cont'd) lwhat department should get title to the lots. Suggested that they should possibly be- i long to Park & Recreation. City already has three lots adjoining these lots, and this inow gives city title to lots between 13th and 14th. At present LID Guarantee Fund ;owns them. After some discussion on location of lots and use they would be put to, Treasurer recommended that the entire 6 lot's assewsments and taxes be paid by the Park Department and held for park and recreation purposes, or as an investment. Motion by M~ Kean and Mr. Gorst to refer to the City Attorney and City Treasurer for completion of the deal on above basis, carried. ~r. Gorst presented letter from R. A. Benson, M.D., Wallace Building, re M. G. McLeod in which Dr. Benson requested granting of three weeks sick leave for ~tr. McLeod. Stated Mr. ~cLeod had been under his professional care and surveilance the past month and considers such leave necessary for his health and welfare. Motion by Mr. Gorst and Mr. Kean to concur in the request and refer to the Civil Service Commission, carried. Mr. Go rst reported regarding naming of Streets as requested by persons. Reported City Engineer and he had discussed streets in question and recommended that the street running along the North and South center line of the South half of the South Half of Section 12 - Township 24 North, Range I East, be nmned Schley Way. Also recommended that part of State Highway 2lB running from E. 13th and Winfield to a point on Marlow llT, South of E. 16th, be named State Highway 21-B. ~otion by Mr. Gorst and ~lr. Kean that the recommendation be approved and the City Attorney be requested to draw up an ordinance to that effect, carried. There was some discussion on various streets in Manette. Clerk reported on sale of surplus scrap iron, which he had been instructed by cotmcil to do, and stated that nine tons had been delivered to Seattle at $25.00 a ton, and there was more to be disposed of. City Attorney read letter from Mr. Fred Bond, City Attorney at South Bend, which stated he would be unable to attend meeting of Association of Washington Cities to be held in Port Angeles, but would like to have the problem discussed of Telephone Com- pany refusing to renew franchise for their lines running through cities. Suit is to be brought for the use of the streets. This will be a test case, and would be glad of any suggestions or assistance which is given by other city attorneys. Treasurer commented that the telephone company,s franchise in Bremerton ran out some time ago, but the City receives 2 of the gross revenue, and that the Power and Light Company has the same terms. -- Attorney reported that he had prepared an ordinance for additional funds for the City Engineer's Office as he is pressed for persons to make inspections on various jobs the City has underway in parks, and that he has been asked to do some work for the Water Department, there is work to be done on the bridge to Manette and it will, therefore, be necessary to have additional help. Attorney read Ordinance 1729, enti- tled as follows: AN ORDINANCE appropriating funds for the payment of salaries and wages for en- gineers, aides and declaring an emergency. Notion by ~r. Gorst and Mr. Kean to approve Ordinance No. 1V29 on first rea~ng, carried as follows: Mr. Kean, yes; Mrs. Had~n, yes; Mr. Gorst, yes. There was some discussion on an ordinance which the City Attorney had prepared on instructions of the Council regarding City Employees buying from the City, selling to the City, renting equipment, etc. Council felt that the ordinance covered too broad a field and was too stringent. City Auditor felt that some sort of a restrictive ordinance should be prepared that would comply with the State Law. It was suggested that Attorney prepare an ordinance to be read by Commissioners before it will be presented at Council Meeting. City Engineer presented "Appraisal Report" made by C. A. Fulmer for the extension of Adelle Avenue to State Highway No. El, which is to be used on the Adelle Street entrance to Roosevelt Hospital. The cost is estimated at about $3,500.00. Motion by Mr. Gorst and Mrs. Haddon to refer to the City Attorney, carried. Nayor remarked that the parking lot across the alley from the City Hall is being fixed up, but that some additional work will be necessary. Thought a wash rack and sump ~rain should be put in so that cars could be washed there and not in the alley, and suggested possibly various city departments could do most of the necessary work. Suggested that the City Engineer set up plans and a breakdown for the work. Motion by Mr. Kean and Mr. Gorst to allow all bills if approved by a majority of the Commission, carried. There was some discussion on the Convention to be held at Port Angeles an~ the various cars that would be used for transportation. Moron by Mr. Kean and Mr. Gorst to adjourn, carried.