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HomeMy WebLinkAbout12/03/47 DECEMBER 3, 1947 The regular meeting of the City Council of the City of Bremerton was held in the ~Iayor's Office on Wednesday, December 3, 1947, at 10:00 o'clock a.m. Mayor Kean pre- siding, Commissioner iIaddon, Commissioner Gorst, City Attorney, City Treasurer, Chief of Police, Assistant Chief of Police and Water Superintendent being present. Motion by Mr. Kean and Mr. Gorst to approve minutes of last council meeting as written, carried. Clerk stated this is the time set for the hearing on application of Mk. Jones and Gerald W. Lee for card room and pool table license, which was rejected at 'the last council meeting. Further stated the persons requesting the license are not present at this time, so that the hearing may be tabled until later in the meeting. Reports of Separation were read by the 61erk for the following: Hal Roberts, Park & Recreation; Harold C. Faulkner, Edward Greathouse and Ann M. Pavlich, Police; John F. Bozick, Hurley A. Higgs, Jr., Henry P. Narum and Robert Stewart, Water Depart- ment. Motion by Mr. Kean and ~r. Gorst to approve separations, carried. Clerk read Changes in Pay Status for the following: Lewis Harris ~d Andrew Pender~ast, Park & Recreation; and William D. Zetty, Fire. Mayor commented the change of Andrew Pendergast to Acting Director of Recreation is a temporary non-civil service appointment. Motion by Mr. Kean and Mr. Gorst to approve Changes, carried. Notices of Employment for th8 following were read by Clerk: Eddie Walton, Finance Vic Cleland and Harold 0. Webster, Park and Recreation. Motion by Mr. Kean and Mrs. Haddon to approve temporary non-civil service employ- ments as read, carried. Claim for Damages of Ivan E. Witt, 1737 Marlow Avenue, in the amount of ~5,665.20 was read by Clerk. Claim itemized, Doctor's bills now due, ~30.00; Loss of ~ages, i~t35.20; Future Medical Care, ~500.00; Fhysical and Mental pain, anguish, suffering, and permanent injuries, ~5,000.00. Damage caused when Mr. Witt stepped on a cover over a coal chute opening about 100 feet north of Second Street on the east side of the alley, and cover gave way and dropped him partially down into the coal chute. ~r. Witt sui'fered severe and painful bruises and lacerations and wounds on left leg; cut on left hand; severe and painful bruises on his right leg; cuts and bruises about the hands and a~s; and an incipient hernia on the right side. Is permanently injured and will undergo severe pain and suffering as a result of injuries. ~,iotion by M~. Kean and Mr. Gorst to refer the claim to the City Attorney, carried Clerk read Claim for Damages from Lucille Marie Korbel, 1012~ 15th Street, in the ~nount of Ii)807.50. On November 6th, Mrs. Korbel caught the heel of the left shoe in in sewer drain cover as she stepped from the curb at the intersection of Fifth and Pacific. Caused her to fall and injure her left hip. Injury was caused by negligent placing of the sewer drain ~n the pedestrian crosswalk and using drain cover with open- ings too large for ordinary safety of pedestrians. Itemized claim: Hospital bill, ~i~6.50; Doctor's bill, ~3.00; Nursing for 8 days ~48.00; Pain and suffering, ~750.00 Motion by Mr. Gorst and ~r. Kean to refer the claim to the City Attorney, carried. Claim was read by Clerk from Cecil C. Howard and Jessie Howard, 1137 Winfield, for dmuages caused on November 28th, when the city sewer becsme plugged through no fault of the claimants and backed up through the laundry tubs in their home and flooded the basement. Claimants notified various City officials, who took no action until claimant had employed a plumber who was able to get city assistance. Amount of claim :!)1,094.91, itemized as follows: Destroyed shoe~ and clothing, ~38.95; Plumber's ser- vices, i)2.83;; Disinfectant, ~3.13; Damages to furnace and time spent in attempting to cle~n tools and other articles in basement, ~50.00; Pain and suffering, inconvenience and illness suffered by Mrs. Howard, ~1,O00.OO. Motion by Mr. Kean and ~r. Gorst to refer the Claim to the City Attorney, carried Copy of letter from Junior Chamber of Commerce which has been sent to John L. Sullivan, Secretsa~Y of the Navy, Homer R. Jones, H.R., Warren G. Magnuson, U.S.B., and J~es W. Forrestal, Secretary of the Defense was read by Clerk. Letter is re sewage disposal plant, which progressive citizens of the community are working for. Feel ii' appropriate measures were taken by Navy to install adeqUate sewage disposal plant with- in P.S.N.S. it would lead to a clean-up campaign throughout the County. Many people are directly effected and the majority are in favor of correcting the condition. Will appreciate any assistance to I'urther the cause. Signed by James L. Rondeau, Secretary. I...lotion by i,'ir. Kean and ~ar. Gorst to note contents and file, carried. Clerk read letter addressed to City Commissioners from T. H. Stevens, 922 Park Avenue, re water in the street in front of his house. Has complained about this matter several times before. ~r. Gorst remarked that the matter would be attended to. Motion by Mr. Gorst and Mr. Kean to note contents of lettSr and file, carried. DECEMBER 3, 1947 (Cont'd) A letter from P. Blicher, Boycevitle, Wisconsin, which had been addressed to IBremerton Road and Street Department was discussed at some length. Mr. Blicher re- iturned a notice which had been received by him which stated refuse and garbage dumped !along the ttolly road included several pieces bearing his name and address. Notice stated there is a standing re~ard of fifty dollars given by the Board of County Com- missioners, for information and names of people dumping garbage along county roads. Further asks if he is responsible to remove all this material and avoid possible fines or adverse publicity. If he did not do it please report the man who did so that such iactivity can be stopped and the county kept clean. (No signature on the notice). Mayor remarked that the notice should be called to the attention of the County Commissioners as it bears no signature. I'.~otion by Mr. Kean and I~r. Gorst that the City Clerk acknowledge receipt of the letter and refer the entire communication, including a copy of the acknowledgement, to ithe County Commissioners, carried. Clerk reported that Mr. Jones and bis attorney, ~r. Ralph Purvis, are now pre- isent and that the hearing on card room and pool table license may now be held. Read iapplication by William Wallace Jones, Jr., 233 2nd Street. The application presented !at last meeting which was rejected was made by Wm. W. Jones and Gerald W. Lee. Mr. Purvis stated he did not know what rule has been followed, but he under- ~stands that the Council is trying to limit card rooms. Mr. Jones plans to remove one ipool table and put in card tables, ~d can comply with the terms of the ordinance, iand should be entitled to a license. Mayor commented that Mr. Leamer, who formerly operated the Shel-Bac Club at iKitsap Lake, had been in to see him regarding a card room at 233 Second Street, and ithe Mayor informed him he would not be in favor of issuing such license. Mr. Leamer ~informed the ~ayor he had been assured he would be able to sScure a license, but was Inot at liberty to divulge the name of the party who gave him that assurance. Mayor !stated his past record on operating gambling games did not make his operating a card ~room in Bremerton desirable. ~r. Leamer had stated that he would get someone else to iget a license in their name. ~r. Leamer had also discussed the matter with the Chief iof Police and had been informed that a license would not be issued to him. Shortly ithereafter an application came in from Wm. W. Jones, Jr., and Gerald W. Lee. Mr. Lee ~is L~r. Lemaer's son-in-l~w. This application was rejected at the last council meeting ~and today set as the date of the hearing. The present application which is being con- isidered is only in Mr. Jones's n~ne. Chief of Police reviewed past experience with a card room at this location, ;~ich had been unsatisfactory. ; Mr. Jones stated that Mr. Leamer would not have anything to do with the card iroom as ~r. Lee and Mr. Jones would operate it. Assistant Chief of Police stated the area to be occupied is very small, only about 16' x 50', and part of that space is occupied by a cigar counter. Mr. Purvis stated that even though there had been trouble at that location, be- !fore, the business has now been sold, and if the Chief has any difficulty he can talk ithe matter over with Mr. Jones, and that ~r. Jones will give 100% cooperation. City Attorney Johnsen stated he would like to ask Mr. Jones some questions. Asked how long ~r. Jones had lived in Bremerton and Mr. Jones replied he had lived !here since 1916. Johnsen: Experience in this line. Jones: Night Manager -- Palace Billiards. Johnsen: Age? Jones: 35. Johnsen: What relationship exists between Jones, Lee and Leamer? Jones: Worked at Shel-Bac as doorman, Lee was bartender and is Leamer's son-in- law. Jo~msen: What business relations exist between you and Leamer? Jones: Leamer put up the money and we will pay the money back, but there is no note or formal contract. Johnsen: Is there any time set for repayment of money? Jones: No time set but we have a two year lease on the place. Johnsen: What is Lee~s experience in card rooms? Jones: Do not know. Has had experience as chauffeur, truck driver and bartender Johnsen: Do you think the ordinary revenue from card tables and billiard tables will support two families and repay money? Jones: Yes. Johnsen: Will you hire other help? Jones: Will have dealers just like other places. ~ayor Kean: Why is Lee's n~ne not on the application? Purvis: Understood Jones would ru~ place by himself, and objections had been indicated to Mr. Leamer because of his connections with the Shel-Bac, but others have card room licenses in the city who are interested in clubs outside of the city. Mr. Gorst: Seems if the license is allowed it will be just a matter of falling in line with other card rooms and will be handled the same as the rest of them, if it can not run and keep in line. Think the license should be granted. Motion by ~r. Gorst and Mrs. Haddon that the application be approved and the !license granted, carried as follows: Mr. Kean, No; Mrs. Haddon, yes; ~r. Gorst, yes. Letter addressed to City Commissioners from John R. Foster, 1814 Nipsic was iread by Clerk requesting street signs in their vicinity. Do not request new pipe and Imetal sig~s but feel should have some signs. ! Mr. Gorst reported that the signs have been ordered and it is now just a matter iof getting pipe and that should be here before long, at least by the end of the year. Motion by Mr. Gorst and Mr. Kean for the City Clerk to acknowledge the letter iand notify the persons that the signs are on order and will be here shortly, carried. DEC~,~BER 3, 1947 (Cont'd) Copies of letters sent by Department of Public Health were read by Clerk. Let- ters sent to Tradewell Stores, #13; Safeway Stores #206; and ~.~inder Bros. Rleats, 331 Cambrian. Call attention that food is being displayed on top of the meat counter with- out any provision for protection from contamination. All have been previously notified that this is a violation. Warnings have been disregarded and is given a final opportu- nity to make correction. If practice continues will request i~mmediate prosecution by City Attorney. Motion by Mr. Kean and Mr. Gorst to note contents of lettSrs and file, carried. Clerk read letter from John H. Short, Chief Accountant Water Department, to Cit Council recommending an immediate call for bids for the purchase of a new graphotype before 194V expires in order to avail the City of the existing lower price. Money is budgeted in 194V and ~r. Short has been assured if the contract is awarded before Ja- nuary let the machine would be furnished at current prices. Further recommends the advertisement for bids call for alternate, one allowing bidder's trade-in value on old machine and the other without such allowance. Letter~approved by H. I. Gorst. Motion by B~r. Gorst and Mrs. Haddon that the recommendation be approved and bidsI be called as requested, carried. Letter from J. L. Hatfield, Street Suoerintendent, addressed to the City Councill reco~nending call for bids for new street sweeper, to include the sale or trade-in of the present sweeper, provided for the purchase in the 1948 budget and it will be 1948 before call for bids and delivery can be made and completed. Signed J. L. Hatfield. 0.K.'d by H. I. Gorst. ~,~otion by Mr. Gorst and Mrs. Haddon that the recommendation be approved and City Clerk and Purchasing Agent be instructed to call for bids as requested, carried. Mr. John C. Merkel, Secretary of Planning & Zoning Commission, was present at the meeting with a request from the Commission that the City Council authorize a call for bids for the printing of the proposed revisions of the zoning ordinance. Some discussion ensued and Mr. D~erkel outlined some of the proposed changes, andi explained what would be necessary in the Call for Bids. Also stated there is money budgeted in 194V for this purpose. Motion by Mr. Kean and Mr. Gorst to concur in the recommendation and direct the City Clerk and Purchasing Agent to call for bids on specifications prepared by the Planning & Zoning Commission, carried. Clerk read petition presented by Water Superintendent with ~7 signatures, first signature Flex Blanger, asking that the water system they own be connected to Bremer- ton water system and supply water to owners listed below through individual connections and meters. Agree to transfer ownership of water system to Bremerton Water Depart- ment. Further agree to make i~dividual applications for service connection as required an~ pay regulsr charge, to guarantee pa~uent of water bills and to abide by all rules and regulations of the Water Department as they exist or may be changed in the future. Commissioner of Public Works and Utilities and Water Superintendent stated they were favorable to the petition. Notion by Er. Gorst and ~r. Kean that the petition be accepted and referred to Water Superintendent, City Engineer and City Attorney and that it be suggested all petitioners come in and make application, carried. City Treasurer reported that he had offered the 01d Fire Station at public auction and no bids had been received. The matter was discussed at some length, and it was decided that the station would be offered for rent again. City ~ttorney read Ordinance No. 1758, entitled as follows: "AN ORDINANCE relating to the work week for City Departments, establishing of- ficial holidays and vacations a~d sick leave and providing rules and regulations con- cerning the same and amending Ordinance No. 1671, as amended, and declaring an emer- gency. Motion by Mr. Kean and Mr. Gorst to pass Ordinance No. 1758 as read, carried as follows: Dir. i%ean, yes; 5~rs. Hadd0n, yes; Mr. Gorst, yes. City Attorney reported on t~he committee to make recommendation with reference to sewage treatment plan for the City of Bremerton. The Moyor had referred Attorney General's opinion of October 7, 1947, to the City Attorney. The Attorney General ad- vised the Conmissioner of Public Lands that he has no right under the laws and the constitution of the State of Washington to grant the City of Bremerton an easement to cross any harbor areas for sewers. City Attorney remarked he had made a brief study of ~he question and feels that the Attorney General could have decided the other way just as well. The constitution prohibits the use of harbor areas for any other pur- pose than landings, wharves and streets, and that no one has suggested that if the harbor area can be used for street purposes there may be no reason why it can not be used for the purpose of constructing a pipe line as streets have various things such as water lines, sewer lines, etc. Attorney suggested this would be an "out" for the Attorney General if he wished to use it, and City Attorney stated he would see if any- th~ng further can be done about the easement. City Attorney also reported the Co~mittee, City Clerk, City Auditor, City Engi- ~eer and himself met with two representatives from William P. Harper & Sons, investment bankers from Seattle, on Tuesday. This was purely informal meeting, and the bankers are interested in any securities to be issued by the City in payment for the cost of the plant. Rough amounts were discussed and possible methods of flramalug, but no definite conclusions were reached. ' DECF~¥1BER 3, 1947 (Cont'd) · i Attorney co~m~ented it would be advisable to secure revised estimates of cost of construction in view of the fact that the cost is tied in with the manner and method !of financing. This particular company is willing to lend assistance in the matter of iadvising what type securities should be issued, maturity dates and other factors. It will be necessary to get some legal assistance in preparing the ordinance adopting the !plan, and the advise and assistance can be as well secured from the begi.nning as any !proceedings would have to be reviewed by the bond attorney in Seattle. i Council discussed various phases of the matter. ~ ~,~otion by I',~r. Kean and ~ir. C~rst that the City Attorney be directed to proceed lwith the matter, and be authorized to spend such funds as he finds necessary in the investigation in order to carry the matter through to completion, carried. Some ~iscussion ensued on the matter of the Attorney General's opinion, and City Attorney stated he would write to State Pollution Control Commission and to the Com- missioner of Public Lands, and try and clear the matter up. I.; ~,irs. Haddon commented she had no report from ~,ir. McLeod on the wharf survey as ye~, ~lso, called attention to the condition at the foot of Elizabeth Street. ! There was some discussion on garbage disposal, and it was stated that the man who itakes care of Aberdeen's garbage disposal, was to make a report but to date none has ~een rSceived. ~ Mrs. Haddon asked about some sort of shelter for persons waiting for the Port i)rchar~ ferry, and the matter was also discussed. Clerk read letter addressed to Conzmissioner of Public Works and Utilities from ~he Water Superintendent reporting on water services of the sy. stem. Showed total of me~ers for City, 5,137; County ~,~30; Housing, 12; Schools, 93; Navy Yard, 6; Total of all meters 7,408. There are a number of accounts where more than one family is being :served through one meter, in w~ich property serviced is under separate ownership and each must pay an a~ditional charge, and the owner keep water office informed of changes !in number served. This arrangement is caused by the war, and a check up will be made lin order to plan better servico t,s ~ateria]s ~ccome available. Sit~,tation similar in ihousing projects. Stmlmary of service to separate users exclusive of shipyard and schools shows estimated nu~aber of users as 11,653. Check on population shows 3.6 persons per user is close. In the county the factor should run about 4.~5. Feels above ~nformation may be useful in discussion of sewage pollution problem. Signed C. C. Cased. I.,Iotion by I~r. Gorst and ~¥Ir. Keen that the contents be noted and the letter filed, .carried. ~dotion by Mr. Keen smd I~.irs. fladdon that all bills be allowed ii' approved by a imajority of the conm~issioners, carried. City '±'reasurer reported that he had an inquiry relative to the purchase of the two lots on Washington just South of Sixth Street which are owned by the City. The iman interested was ~resent and stated he would like to get an option on such a pur- ichase in order to ['et fimancial backing to building an apartment house which is his ?lan for the lots. Considerable discussion ensaed on the price to set on these lots. Treasurer stated several years ago they were offered at public auction with a minimum price set ~at ~l,G00.00, and reco~z~ended such a price be set at this time as it would clear the ;district and clear the city of the expenses on them. Motion by ~...~r. Kes~ and I.~'[rs. Haddon to refer the matter to the Committee of the Whole and direct the City Treasurer to contact an established real estate appraiser '~'to have a written appraisal on the property, carried. ~./layor enquired if there is anything new on annexation of Bay Theater area, and iAttorney stated no reply had been received to letter he has written. 1..'orion by I',Ir. i~ean and If.r. Gorst to recess to 10:00 o'clock a.m., Friday, Decem- !bet 5, 1947, carried. iAt"Pi~0 '~ED: Cit DECE~,~BER 5, 194V ~ Recessed meeting of the City Council was held in the ~.~ayor's Office at the City iHall on Friday, December 5, 1947, at 10:00 o'clock a.m. ~,~ayor Kean presiding, Commis- isioner Haddon, Commissioner Gorst, City Attorney, City Treasurer, Chief of Police and ?Ir. Ja~es Skirving being present. ~,~ayor stated this meeting was recessed in order for arrangements to be made with ism appraiser to 'submit a sal~ price on lots on Washington, South of Sixth Street. City ~l~a~u~r commented he had secured ~r. Skirving to make sudh an appraisal lan~ that he would be present soon to submit such appraisal. DECEMBER 5, 1947 (Cont'd) Clerk read letter from John Short, Chief Accountant of Water Department advising that that department has accumulated a quantity of junk pipe, fittings, broken meter bo~es, etc., which should be disposed of in order to clean out the warehouse and pipe- yard. Az'e some junked meters and obsolete wood pipe fittings and other miscellaneous items. Requests Council to authorize disposition of the material by selling for scrap. Fire hydrm~ts had been included in the list, and ~Ir. Gorst remarked that it would likel~ be possible to use some of the hydrants for districts that come in ~o the City. ~otion by ~r. Gorst and ~r. Kean that the City Clerk and Purchasing Agent be authorized to dispose of this material to the best interests of the City, carried. Resolution from Rocky Point Improvement Club, Romte $ Box 567, Bremerton, re sewage treatment was read by Clerk. Resolution urged proceeding with haste to allevi- ate pollution condition in Puget Sound. ~ayor suggested that the Clerk acknowledge receipt of the the Resolution. City attorney reported he had received a reply from the Evergreen Theatres, owners of the ~ay Theater, regarding annexation of that district to the City. The Evergreen Theatres had stated they will sign a petition if one is prepared and sent to them. Attorney further commented he would prepare the necessary petition ~d send it to them. There was some discussion about securing some one who lives in that area to cir- culate t~e petition. There was some discussion on letter which City Attorney had written to Co~issione of Public Lands regarding the decision of the Attorney General on sewers across harbor areas, as the Council felt that a letter should also have been written to Jack Taylor of the Pollution Control Commission. Attorney stated he had written a letter to Jack Taylor also, and enclosed a copy of the letter to the Commissioner of Public Lands, and had requested that any advise or suggestions would be welcome. Eayor conmented the entire matter should be cleared up as other cities in the State would no doubt be facing the s~e problems in the future. City Treasurer reported that in compliance with a motion of the City Council on December 3rd, he had contacted Mr. J~les E. Skirving to appraise property owned by City on [~askington, South of Sixth Street, and had now received an appraisal from Mr. Skirving on Lots 16 and 17, Block 4, Town of Bremerton. Read Mr. Skirving's letter in which it is stated the property is zoned R-2, suitable for duplex or apartment house. Incline is very steep and expensive retaining walls would have to be constructed.. Con-! salted I',ir. J.0.Skirving and ~r. Paul Rosenbarger on reasonable market value, and ~1500.[)0 was set as the value as of December 5, 1947. Signed James E. Skirving. ~..~r. Skirving enquired as to what the City intended to do with the 01d Fire Station~ Stated that it seemed under present circumstances that a price of $10,000.00 is too hi~. General discussion ensued on the property and the fact that it was offered at public auction and no bids were received. Mayor suggested the entire matter be taken up at a Committee of the Whole meeting. Mayor enquired as to what price should be set on the lots on Washington, as the Treasurer had recommended a price of $1,800.00 and the market value had been appraised at ~1,500.00. Treasurer commented that his price of $1,800.00 just covered what the City already has in the property. ~otion by Mr. Kean and Mr. Gorst to instruct the City Treasurer to contact Mr. Thomas Belcher in the granting of a 30 day option to purchase the lots at a cost of ~1,800.00, option to cost $50.00, carried. ~ayor reported he had been contacted as to whether persons standing in line at the polls when the do,rs are closed at 8:00 would be allowed to vote. Clerk reported that according to State Law anyone inside the doors of the polling place at closing time may vote. [.!ayor suggested that the Park & Recreation Department, City Engineer, Street ~er~ intendent and Police Department arrange to reserve certain areas in the City zor if and when snow falls. Wishes authority to reserve First Street from Naval west to Montgomery along the Navy Yard fence from the South boundary, and to block off the street, if and when snow fell. Mayor further co~mmented he, the City ~gineer and Acting Director of Parks & Res- rear, on were at Forest Ridge Park recently, and suggested that 1st Street be opened up to be used as a slide. A grade should be established and a street put through on the South boundary of Forest Ridge Park. The area can now be opened as a slide and later on property can be condermaed and a street put through. Mayor further stated that the City Attorney should find out the City's liability in case of accidents. ~.[otion by ~[r. Kean and Mr. Gorst to concur in the reco~aendation and designate cerI tain street s for slide areas, carried. Mayor further commented that the report of card room application for license hear- ing of William W. Jones, Jr., was not ~omplete enough in the minutes. Read report of hearing and suggested it should be more complete. Sorreetions in the minutes have been made. DECE~,BER 5, 1947 (Cont'd) Motion by ~,~r. Kean and Mr. Gorst to adjourn, carried. APPROVED: ~~ity C~k