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HomeMy WebLinkAbout06/11/47 JUNE 11, The regular meeting of the City Council of the City of Bremerton was held in thc I~Iayor's Office on June 11, 1947, at 10:00 a.m. Mayor Kean presiding, Commissioner Haddon, Commissioner Gorst, City Engineer, City Attorney and City Treasurer being present. }~otion by }~r. Kean and ~r. Gorst to approve minutes of previous meetings as written, carried. Clerk read Notices of Employment for William Alexander, Virginia Caley, Kenneth Chase, Jack Dunn, Don Heinrich and James Wiley, Recreation. ~[otion by 5Ir. Kean and ]~rs. Haddon to approve temporary non-civil service:,ap- pointments as read, carried. Change in Pay Status was read by Clerk for Ruby Sponsler, Water. 5'lotion by ~Ir. Gorst and ~¥~r. Kean to approve Change in Pay~ carried. Clerk presented Pinball Location License Application at Yellow Cab Waitin~ Room, signed by Thomas 0. Barrieau, 1~5 Washington. Approved by Chief of Police. Council discussed location and opinion was that such a location might be pat- ronized by minors and possibly the matter should be considered more thoroughly. ~otion by I,[rs. Haddon and ]~r. Kean to take application under advisement, carried ~,~arion Garland, Attorney, was present in connection with the transfer of taxi- cab permit and right to use exclusively designated stand from Emery Emmons to V.L. Parkhurst. 5'latter had been presented at previous co~mcll meeting and had been referre to City Attorney and Police Department. City Attorney reported that Captain Phillips had been unable to contact ~r. Parkhurst, but possibly could do so before the meeting was over. },'~r. Garland co~mmented that this would keep new cabs from coming in to Bremerton, as if the transfer were made it would be made to an established cab com- pany. City Astorney read Ordinance No. 17~2, entitled as follows: AN ORDINANCE amending Section 2 of Ordinance No. 1461, entitled "An Ordinance for Licensing and Regulating the Operation of Certain Amusement 5~achines and other ]Devices and Games for use by the Public, providing penalties for the violation there- of and fixing the effective date of this ordinance," and declaring an emergency. I~otion by ~r. Kean and ~,lr. Gorst to pass Ordinance No. 1752 as read, carried as follows: ~r. Kean, yes; ~rs. Haddon, yes; I~lr. Gorst, yes. Clerk read letter dated June 6, 1947, addressed to ~.layor and City Oouncil from City Attorney regarding recommendation on voucher submitted by Thompson Construction for ~494.77 extras furnished on Gorst Creek Pump Station contract. Reviewed the case and City Attorney stated he had discussed the matter with water superintendent and supply foreman and ~r. Thompson, and on basis of information feels voucher should not be approved in full amount claimed. Conditions of contract tn,~,Article 7 are that no employee of the city has power to approve any work to change contract and no charge for extra work will be allowed unless such extra work has been authorized in writing and price stated. With reference to copper downspout claim in s_mount ~116.00, which was installed at the request of supply foreman. If downspout should be placed on building feels contractor should be required to attach a spout of the same design and material as that on the original building. If downspout was not contemplated any additional work could have been authorized only by City Council, and apparently no such authorization has been granted. Attorney's opinion is that the city is liable for all items in the voucher except the charge for copper downspout. S~gned 01ur JUNE 11, 1947 (Cont'd) General discussion ensued on department heads authorizing extra work, entailing extra expense on contracts without I'irst securing change order from City Council, and that this might possibly serve as a lesson to others in the future. Motion by Mr. Kean and Mr. Gorst to concur in the recommendation of the City A~torney, carried. It was suggested that possibly some solution could be worked out so that the contractor could be paid for the work as there is some basis for the charge, but that such matters should go through the proper channels. Letter from John J. McPherson, Secretary-Examiner, Civil Service Commission, addressed to City Council, was read by Clerk. Copy of 47-48 statement from Civil Ser- vice Assembly was attached. Bremerton has budgeted $50.00 each yaar for membership since department was organized, which should be quota under the old rules. Assembly, however, failed to learn of Bremerton's war-time growth and billed us for ~25.00, balance returning to general fund. Grants which have been allowed the Assembly from various research foundations have been discontinued and the organization must be self- sustaining. New rules set fee for cities having 200 to 500 employees at $100.00. Figures had not been made public when 1947 budget was prepared and figure was again set at :$50.00. It will therefore be necessary to transfer $50.00 from miscellaneous item in budget to provide payment of fee. Assembly's service has been great help and should be even more helpful in the future. Motion by Mr. Kean and Mr. Gorst to approve the request for transfer and direct the city auditor to prepare the voucher, carried. Clerk read letter from City Auditor re Contract No. 96 with Keith 0. Branch for retaining wall at Warren Avenue Playfield in the amount of $2,601.00 plus tax. Budget appropriation is only $1,500.00, and it was intention to make additional funds availabl from Park & Playfield Buildings & Improvements & L.I.D. Assessments. Transfer was not requested aud it is now requested that authorization be given for transfer of $1,500.00 from Park & Playfield Buildings & Improvements & L.I.D. Assessments to Retaining Wall Warren Avenue in Park General - Capital Outlay Budget. Also item in Park General Capital Outlay Division for Retaining Wall & Fence - Nanette, for $3,500.00. Contract has been let and other items included, making total $1B,703.00. Total expenditure under contract should be charged to Park & Playfield Buildings & Improvements and L.I.D. Assessments, and $3,500.00 for Retaining Wall & Fence - Manette, should be transferred. Auditor requests authorization of transfer. Mayor suggested perhaps there would be other transfers in connection with the overall plan on playfields and possibly they should all be made at one time when it was ascertained just what would be necessary, that there is plenty of money budg6ted, Out possibly it is set up in the wrong bracket. Clerk remarked that the Clerk's Office does not like to carry items in the red. Notion by Mr. Kean and Mr. Gorst to concur in the recommendation and direct that the transfer of funds be made, carried. Claim for Damages was presented by Clerk from Mrs. John H. Short, lOV S. Wycoff in the amount of $35.54. Damages suffered to 1939 Plymouth Sedan when it was side- swiped by a City of Bremerton Dump Truck near the Junior College. Listed witnesses who would testify it was the truck driver's negligence which caused the accident. Motion by Mr. Gorst and Mr. Kean to refer damage claim to City Attorney, carrie~. Clerk presented Claim for D~nages from Mrs. Lewis E. Hagbo, 1111 North Mont- gomery, who was injured by cast iron plate which was being used as a door to stove at Bremerton City Park near end of Park Avenue. Plate fell outward and down and struck her foot, causing swelling, pain and non-use of the foot. Claims city is negligent in not supplying a safe door, and that the door is still being used with the approval of the caretaker. Itemized claim in the amount of $48.00. Motion by Mr. Kean and Mr. Gorst to refer the claim to the City Attorney, carried. Ordinance No. 1731 was read by Clerk, second reading, entitled as follows: AN ORDINANCE appropriating funds for street improvements and declaring an emergency. Motion by Mr. Gorst and Mr. Kean to pass Ordinance No. 1731 on final reading, carried as follows: Mr. Kean, yes; ~rs. Haddon, yes; Mr. Gorst, yes. Clerk presented petition signed by 22 property omnuers requesting improvement Of alley in Blocks 5 and 8, Phillips Addition to Bremerton, and letter from City En- gineer re above recommending that a resolution be passed ordering such improvement. Stated petition was signed by 87% of the property owners. Motion by Mr. Gorst and Mr. Kean that the recommendation be approved and the resolution prepared for the improvement, carried. Resolution No. ~88 was read by Clerk, as follows: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON: 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 Bremer- ton to order the improvement of the alley in Blocks 5 and 8, Phillips Addition to Bremerton, lying between Burwell Street and Gregory Nay, extending from High Avenue to State Avenue, by clearing, grading and surfacing with concrete pavement lA' wide JUNE tl, 1947 (Cont'd) and 6'! thick, together with the doing of any and all other work in connection there- with as may be necessary 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 state- merit of tile proportionate amount thereof, which should be borne by the property within the proposed assessment district, and a statement of the aggregate assessed valuation of the real estate, exclusive of improvements, within such proposed dis- trier, according to the valuation last placed upon it for the purpose of general taxation, together with a diagram or plan showing thereon the lots, tracts, and par- eels of land and other property which will be specially benefited thereby and the es- timated amount of the cost and expense of such improvements to be borne by such lot, tract or parcel of land or other property. Section 4. That there shall be assessed against that portion of the property i lying between the teEnini of said improvement and extending back from the marginal :line of each of said streets and alleys so improve~ to the middle of the block on 'each side thereof, which distance shall be at least ninety feet from said street i margin, in the mode prescribed by Section 13, Chapter 98 of the Session Laws of the i State of Washington for 1911, and Section 2, Chapter 168 for the Session Laws of 1915, ~ of said State, the cost of said improvements except such as may be borne by any d~- ~partment of administration of the United States Government and except such as may be borne by any Department or administration of the State of Washington or the United States Government for relief or other purposes. 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 and all lots, tracts, or parcels of land, or other property, specially benefited by the improvement, by mail- ing 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 notice 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 9th day of July, 1947, at 11:00 o'clock a.m. of said day be and the same is hereby fixed as the date of hearing protest against said improvements by any persons interested therein; and the City Clerk be and is hereby authorized and directed to publish a copy of this resolution in the official news- paper of said city for at least two successive issues, the first issue shall be at least 15 days prior to the date herein fixed for said hearing, and said publication, together with the mailing of the cards 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 improve- PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk this llth day of June, 1947. Motion by Mr. Gorst and Mr. Kean to pass Resolution No. 586, carried as follows: Mr. Kean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Clerk read letter from James W. Carey & Associates enclosing claim voucher dated June 4, 194V, P.O. #18000 in the amount of $39,7~3.35 for engineering services per- formed in preparing and furnishing complete detailed plans, specifications, contract documents, estimates and other items in connection wits new sewerage system and sewage treatment plants on contract #78. Contract provides for engineering fee of 6% of detailed estimate of construction cost. Itemized construction costs of various types of pipe, average of three costs, $1,087,566.6V, 6% of which amount is $65,254.00. Payments already made of $3V,460.65, leaving balance due and payable of $37,793.35. Signed by James W. Carey. There was some discussion about withholding 15% and it was stated that the con- tract has been completed and accepted so that that would not be in order. Motion by Mr. Gorst and Mrs. Haddon that the claim be allowed if approved by the auditor, carried. Letter from C. C. Casad, Water Superintendent, addressed to City Council was read by Clerk re cooperative agreement with U. S. Geological Survey to provide for investi- gation of surface water resources in Kitsap and Mason Counties which was entered into on January ~2, 1945. Year to year basis and expires June 30, unless renewed. Inves- tigation will furnish valuable data for development of water supply and should be continued until sufficient data can be compiled to plan for future demands. Funds were allowed in 1947 budget, but agreement expires June 30, 1947, and it is necessary for Council to approve extension of agreement and provide funds in 1948 budget. Re- commends that Council approve extension of agreement ahd provide funds in 1948 bud- get, and approve renewal as outlined in letter from Mr. Veatch, District Engineer for Geological Society. Attached letter from Mr. Veatch was also read by clerk, re above, with suggested draft of letter to be forwarded to Director of Geological Survey. If approved ori- ginal and copy will be forwarded to Washington for signature and copy will be retained in district office files. When letter of acceptance is received it will be forwarded to City. Contribution of $1,O00.O0 by each party will continue operation of 7 gaging stations in area west of Bremerton. JU~E ll, 1947 (Cont'd) ~lotion by Nr. Gorst and Mr. Kean that the request be approved and the money budgeted for the year 1948, carried. Clerk read letter from Water Superintendent relative to street flusher declared~ surplus by Street Department. Stated the flusher was moved to Gorst Creek Pump Sta- tion as a fire precaution during recent hot spell. Has proved valuable in past in fighting fire in the woods, ~und although it is antiquated for flushing purposes, it is still serviceable for limited use which may be required of it. Recommends transfer of street flusher to Water Department where it can be equipped for fire fighting. Suggests $500.00 be allowed for equipment. Signed C. C. Casad. Approved by Street Superintendent with the clause in case the Street Department requires equipment in an emergency no charges shall be made. It was commented that bids had been called to dispose of this equipment and Poulsbo had bid only $240.00 and all bids had been rejected. Motion by Mr. Gorst ~ud Mrs. Haddon that the recommendation be approved and the sum of 4500.00 be transferred and bill of sale be issued by the Street Department, carried. Mr. Gorst reported on complaints which had been received from the vicinity of Summit and Porter as there is a concrete outside burner there which is built in the street, smd the people living in the vicinity report that all sorts of trash and gar- bage is burned in the burner and the smoke snd odor is a nuisance. General discussion ensued on this matter. ~otion by Nr. Gorst and Mr. Kean that the matter be referred to the Street Superintendent and City Attorney, carried. There was some discussion on interpretation of ordinance on Civil Service Emp- loyees as to leave allowed, as some employees work only five days and others work five and one half days per week. It was stated that all are charged with five and one half days leave when they are on vacation, and did not feel they should he charged the one-half day as they normally work only five days per week. It was sug- gested that th~ City Attorney study the ordinance as to proper interpretation. Attorney read Ordinance No. 1733, entitled as follows: AN ORDINANCE providing for the revocation of taxicab drivers' licenses and amend- ing Ordinance No. 1474, entitled, "An Ordinance providing for the licensing of taxi- cab drivers in the City of Bremerton and establishing procedure for the revocation or suspension of such license." City Attorney explained three changes in this ordinance (1) Enables Chief of Police to recommend suspension of license where driver forfeits bail. (2) If Chief of Police believes driver is not competent he is authorized to file a report covering the situation where a cab driver has committed other offences to have license sus- pended as sometimes it may be six months before man's trial comes up. (~) Approves practice which has been in effect for some time of picking up license for a period of time pending hearing on suspension. Notion by Nr. Kean and Nr. Gorst to approve Ordinance No. 17~3 on first reading, carried as follows: Nr. Kean, yes; Mrs. Haddon, yes; Nr. Gorst, yes. Clerk announced it is now time for hearing on proposed L.I.D. on Rainier Avenue between 9th and llth. A number of persons were present on this matter. Those in protest were; Nrs. William U. Nortls-ud, 2332 10th Street; Bronley Menard, 2330 9th; Jsmes Flaherty, 2331 10th; ~. I. Beham, 2330 10th; Nfs. C. H. Hill, 2411 llth Street and Mrs. E. A. Huebschman, 232V 10th. Those appearing for improvement E. F. Hunni- curt, lO15 Rainier and Leslie Gaddis, 931 Rainier. There were also two written pro- tests filed by William C. Brunsdon, 2300 block on th and Arthur W. Palmquist, 2322 Ninth. Those present felt the estimated cost was too high, and as most did not live on Rainier did not feel they should be assessed. Commissioner Gorst explained in detail how assessments were figured on all property. Mr. Brunsdon's letter stated that the persons who circulated the petition for the improvement had estimated the cost at about one-third of the estimate by the City Engineer, and explained that was the reason many persons signed the petition who would not have signed otherwise. Notion by Nr. Gorst and Nr. Kean to recess the hearing on proposed L.I.D. to June 18, 1947, at ll:00 o'clock a.m., carried. Clerk announced no protests had been received on confirming assessment roll on L.I.D. #230 Vandalia between E. llth and E. 16th, and read Ordinance No. 1734, en- titled as follows: AN ORDINANCE adopting and confirming the assessment roll for Local Improvement District No. 230, providing for the improvement of V~dalia Avenue between East Ele- venth Street and East Sixteenth Street as in said ordinance described; providing for the levying and assessing of the costs and expenses thereof against the parcels and lots of land between the termini and within the boundaries of said improvement dis- trict, providing for the collection thereof; creating and establishing a special fund therefor and fixing the date for the issuance of bo~ds in payment thereof. There was some discussion on rate of interest the L.I.D. bonds should pay, but it was agreed to leave it at 4~. Notion by Nr. Gorst and Mr. Kean to pass Ordinance No. 1734, carried as follows: Mr. Kean, yes; Nrs. Haddon, yes; ~r. Gorst, yes. No protests have been received on assessment roll of L.I.D. 231 Hayward Avenue and Clerk read Ordinance No. 1735, entitled as follows: JUNE 11, 1947 (Cont'd) AN ORDINANCE adopting and confirming the assessment roll for Local Improvement District No. 231, providing for the improvement of Hayward Avenue between East Thirteenth Street and a point 313.5 ft. North of East Sixteenth Street as in said ordinance described; providing for the levying and assessing of the costs and expenses thereof against the parcels and lots of land between the termini and within the boun- daries of said improvement district, providing for the collection thereof; creating and establishing a special fund therefor and fixing the date for the issuance of bonds in payment thereof. Motion by Mr. Gorst and Mr. Kean to pass Ordinance No. 1735, carried as follows: Mr. Kean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Clerk announced no protests have been filed on L.I.D. No. 232, Nipsic Avenue i between E. 9th and E. llth and read Ordinance No. 1736, entitled as follows: AN ORDINANCE adopting and confirming the assessment roll for Local Improvement i District No. 232, providing for the improvement of Nipsic Avenue between East Ninth i Street and East Eleventh Street as in said ordinance described; providing for the i levying and assessing of the costs and expenses thereof against the parcels and lots of land between the termini and within the boundaries of said in~rovement district, providing for the collection thereof; creating and establishing a special fund there- for and fixing the date for the issuance of bonds in payment thereof. Motion by Mr. Gorst and Mr. Kean to pass Ordinance No. 1736, carried as follows: Mr. Mean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. City Attorney read Resolution No. 58?, as follows: WHEREAS, the lease dated July l, 1943 between the United States of America and the City of Bremerton, describing the lands upon which a portion of the Duration Dor- mitories are situated provides that the United States shall pay $2100.00 per year rental less any payments made in lieu of taxes; and WHEREAS when the payments in lieu of taxes for the year 1946 were received, t he entire amount was apportioned to the various funds upon the basis of the budgeted re- ceipts from this source; and W~iEREAS, the City of Bremerton is now in receipt of the sum of $767.11 from th~ United State~ as rental for said lands for the year 1946, which sum is determined by deducting the sum of $1,332.89 paid in lieu of taxes from the annual rental of $2100.00; and WHEREAS, the Sanitation Fund should not be penalized by deducting from its revenue amounts paid in lieu of taxes to other funds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Bremerton that transfers be made from one fund to another as follows: From To Amount General Sanitation $ 311.lO Street " 498.23 Library " 285.64 Park " 237.92 Total $ 1,332.89 PASSED by the City Council, signed by the Mayor, and attested by the City Clerk in authentication of such passage this llth day of June, 1947. Motion by Mr. Kean and Mr. Oorst to adopt Resolution No. ~87, carried as fol- lows: Mr. Kean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Attorney reported that he had just received message from Captain Phillips re- questing that the application for transfer of cab license from Jones to E~aons to Parkhurst be continued to June 18, 1947, and that there is no recommendation at this time. Motion by Mr. Kean and Mrs. Had~on to allow all bills if approved by a majority of the commission, carried. Clerk read letter from City Engineer re Manette Sewer Project ~elinquent account~ listed as Lotlows: F. Downey, 1731 Winfield; C. Jensen, 1940 Trenton; F. A. White (2 accounts) ~320 E. 19th; Mr. R. Cleven, Route 8 Box 357; and N. A. Sanders, 2105 Trenton. 0nly one listed has water account, others no doubt obtain water from Jensen ~ater ~ystem. Considers City Attorney should advise as to procedure. Signed E. S. Severance. Attorney commented he did not know off hand about filing liens against property outsi~e of the city for delinquent charges. Motion by Mr. Kean and Mr. Gorst to refer the matter to the City Atoorney, City Engineer and City Treasurer, carried. Letter from City Engineer was read by Clerk re petition of 7D signers for improv%- ment of Charleston Navy View Addition and certain lands adjoining by construction of sanitary storm sewers and appurtenances, which was presented to Council April 30, | 1947, and referred to Engineer. Submits preliminary estimate of cost (Itemized) total $45,402.00. Unless outside assistance can be obtained considers beyond ability of property owners to pay. Doubtful if State Polution Commission would grant permis- sion for installation until City assures them that South disposal plant will be con- structed. Recommends project be withheld until such time as outside funds become available. Signed E. S. Severance. General discussion ensued on the matter and it was stated that assessments might run as high as five or six hundred dollars each and that property owners in the vici- nity would no doubt be unwilling to pay that much. Motion by Mr. Kean and Mr. Gorst to concur in the Engineer's recommendation, carried. JUNE 11, 194'~ (Cont'd) Clerk read letter from City Engineer re Shore Drive Retaining Wall, which stated contractor, Keith O. Branch, has requested final estimate on project. Work has been accepted subject to final inspection and certain clearance papers as to com- pleted payments~ taxes, and final cleanup to be cleared before retained 18% is due. Total contract $29,620.80, less 15%, less Estimate #1, leaving total estimate #2, $7,395.68. Recom~ends payment of Estimate No. 2. Listed breakdown of difference between am~se~ forth in contract and actual total amount as above, showing total amount of over run of $1,231.40. Signed E. S. Severance. Motion by Mr. Gorst and Mr. Kean that the reco~m~endation be approved, carried. Mayor reported he had been down to the Second Street Dock in preparation for the lease with the Olympic Aviation Company. The City Clerk had been authorized to dispose of various things down there, but it has not yet all been attended to, also that in getting ready for the lease the place would have to be painted. Motion by Mr. Keau and Mrs. Haddon that the matter of improving and repairing upper floor of the Second Street Dock be referred to the City Clerk and Purchasing Agent to get an estimate of the cost, and if necessary to call for bids, carried. Mayor further reported he had received a bid on cleaning, painting the barge which was high, but a much lower bid would he available. He had talked to Mrs. Liesek~ and looked at the g~g plank she was offering for sale and the City could use it. D~otion by ~r. Kean and Mr. Gorst ~o adjourn, carried. Mayor