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HomeMy WebLinkAbout07/31/46536 JU~Y 31, 1946 The regular meeting of the City 0ouncil of the City of Bremerton was held in the Squad Room at the City Hall, Wednesday, July 31, 1946, at 10:00 a.m. Mayor Kean presiding, Commissioner Haddon, Commissioner Gorst, City Treasurer and City Attorney being present. Motion by ~r. Kean and Mr. Gorst to approve the minutes of July 24 ana July 26, 1946, as read, carried. Report of Separation was read by Clerk for Mildred A. Co±lins, Police De- partment. Motion by Mrs. Haddon and Mr. Kean to approve the report of separation as ~'ead, carried. Clerk read Change in Pay Status for Francis X. Plouf, Recreation Department. Motion by Mr. Kean and Mr. Gorst to approve change in pay status as read, carried. Application for a Loca. tion License to install pinball machines at Manette Billiards, approved by Chief of Police, was read by Clerk. Signed by Robert L. Shoe- ma~er, 2111 East llth. Motion by Mr. Kean and Mr. Gorst to approve application as ~approved by Chief of Police, carried. Clerk read petition for improvement oI' Hayward Avenue from 13th Street to the end of Hayward - North of 16th Street by construction of sidewalks, curbs an5 gutters, signed by 28 property owners, First signature; Walter L. Ricks. Motion by Mr. Gorst ane I~rs. Haddon to refer petition to City Engineer for 537 Letter was read by Clerk, Dated July 30~ 1946, addressed to Mr. George Nutter, City Treasurer, from Isley Corporation, signed by Lloyd G. Isley, President, in which it was stated that City's records will show Isley Corporation have recently been en- gaged in pinball machine operations in City, and were issued a license under Ordinance No. 1461 as amended. License has now expired and commissioners hav6 stated that it will hot be renewed. During the period the license w~s el'fective Isley Corporation paid to the City $2,508.30 in license fees and $2,008.52 in taxes, total $4,516.82. They have now been advised both taxes and fees are unlawful and were exacted by the city without cons$itutional authority and accordingly feel they are entitled to return of all such sums as were paid. Letter I'urther stated they r~ow make demand for the return of $4,516.82 unlawfully collected as license fees and taxes, believe the demand will be rejected, but make it in order to establish a proper basis for the civil suit which they intend to prosecute as soon as the pleadings may be prepared. Discussion ensued on the letter. Motion by Mra. Haddon and Mr. Kean to note contents and file, carried. Clerk re~d application for a location license to install pinball machines at Gur- ley's Sea Food, signed by John Gurley, 330 S. Callow, approved by Chief of Police. Motion by Mr. Kean and Mr. Gorst to approve the application for license, carried. Letter addressed to Mayor and City Council, dated July 30, 1946, signed 0y Ralph Davisson, State Examiner, was read by Clerk. Mr. Davisson had transmitted proposed ordinance covering proposed settlement in the suit brought by Ral2~ Amende, to t~he Olympia headquarters of the Division of Municipal Corporati~-~-~og~h~r with the council memorandum, and had received reply which he attached to the letter. Letter stated that it will be noted that Mr. Hubble, Chief Examiner, refers to four opinions of the Attorney General in support of his conclusion that the ordinance is of doubtful legality, which includes the conclusion that there is no liability on the part of the City of Bremerton or its taxpayers to make payment of the amounts involved, State Examiner'B letter co~mented that he trusted with this information at hand, the council will refuse to pass the ordinance, and will instruct the legal department to defend the city in this case, along the lines contained in the opinions of the Attorney Gen- eral, queted in Mr. Hubble,s letter. Clerk also read Division of Municipal Corporations letter signed by Lawrence Hubble, Chief Ex~niner, and addressed to Mr. Ralph Davisson, in which receipt is acknowledged of City's cormnunication relating to proposed ordinance on Ralph Amende suit. Ordinance propose~ a settlement of the suit for a sum oi' one thousand dollars, and an additional amount of sixty three dollars and fifty cents to the Bremerton Title Comp~ly for a search of records. Letter stated proposed ordinance related to Un- guaranteed Local Improvement District Bonds issued prior to the enactment of L.I.D. Guaranty law. In view of many Attorney General's opinions, they fail to see where the City of Bremerton or the general taxpayers are ~lable to pay obligations of unguarantee L.I.D.'s. Cited opinions dated April 3, 1925, Page 29; May 9, 1929, Page 198; July 23, 1942 and September 24, 1943. In view of opinions above and others in which State Supreme Court opinions are cited, it would appear that the proposed ordinance, if enacted, would be of doubtful legality. Therefore, the proposed ordinance was returned for files. City Attorney co~mmented that Assistant City Attorney had been working on this matter, and had notes on eight or ten applicable statutes, and notes on 31 cases in- volving every case decided by the Supreme Court on L.I.D. matters. Stated copy Gf Mr. Hubble's letter had been received this morning, and had not had 'time to check on Attorney General's opinions mentioned in the let£er and would write for copies'of - these opinions to see if the circumstances were the same as those in the Amende cas~. Asked for more time to study the opinions. Council took no action, Clerk read note dated July 26, 1946, signed by Frank Plouf, Director of Civic Recreation Center, addressed to City Commission, stating that they had on hand the following surplus material: 6 Venetian Blinds, aluminum, 8' x 30, and l0 Speaker cones burned out. Mayor commented ha had asked for list of surplus material and that the venetian blinds were just lying at the Warren Avenue playfield where they coule be damaged very easily, and perhaps they could be disposed of to a good advantage. Motion by Mr. Kean and Mr. Gorst to authorize the City Clerk and Purchasing Agent to ~ispose of the surplus material to the best advantage of the City, carried. Resolution in regard to Manette Bridge across Port Washington Narrows signed by E. R. Co±lins, President, Local 631 (Plumbers) and J.L.Farrar, Financial Secretary, was presented to Council. Feferred to Mr. Go,st 2or his file on the bridge. Clerk read letter signed by L. "Hum" Kean, Mayor, E. Jennings Beard, City Clerk, and Howard I. Gorst (for City Engineer), on awarding of contract for painting the out- side and various insidc rooms at the Recreation Center. Balance available in Repairs and Renovations of the department have been checked, and the following recommendation was contained in the letter: Contract be awarded to Whitney and Harrison for the fol- lowing: Unit #l (0utside~ $1100.O0; Unit #5 ~ 265.00; Unit #6 - 290.00; and Unit #8 158.00. Mayor commented there w~s not enough money to have the entire work done, so that the bid had to be broken down, that the outside was to be painted, as this would be a preservative and the inside rooms that required painting the most were to be painted. Motion by Mrs. Haddon and Mr. Kean that the recommendation be accepted, carried. Recommendation was made by Clerk on the award of the contract to furnish fuel oil, diesel oil and stove oil as follows.' Lofthus 0il Company, Fuel 0il; and Stove Oil and Diesel Oil to Lent,s. Motion by Mr. Kean and Mrs. Haddon to concur in the recommendation and award the bid as recommended, carr~e~. 538 Clerk read Ordinance No. 16g0, entitled as follows: AN 0RDINANC~ providing I'or the improvement of the alley in Block 4, Terrell's Addition to Charleston, lying between Callow Avenue and Wyco£f Avenue and extending from Mirst Street to Burwell Street, in accordance with the maps, plans and specifi- cations on file in the office of the City Cle~, establishing an improvement district, providing for the levying of assessments for the payment of such improvement and makin such improvement payable by bonds. 'Motion by Mr. Gorst and M~s. Haddon to approve Ordinance No. 1690 as read, carried as follows: Mr. Kean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Ordinance No. 1891, entitled as follows, was read by Clerk: AN ORDINANCE approving and adopting the maps, plans end specifications for the improvement of the alley in Block 4, Terrell's Addition to Charleston by clearing, grading, and surfacing with concrete pavement. Notion by Mr. Oorst and Mrs. Haddon to pass 0~dinance No. 18~l, carried as fol- lows: Mr. Kean, yes; Mrs. Haddon, yes; Mr. Gorst, yes. Commissioner Gorst commented there was still no recommendation on the trailer bids. City Clerk read Resolution No. B~9 as follows: WHEREAS, the Federal Works Agency has advised the Mayor of the City of Bremer- ton, by letter dated July ~th, 19~8, as follows: Ref: PROPERTY:CLT:ams Project No. ~-90E F Fire Fighting Facilities Bremerton, Washington Hon. L. "Hum" Kean, Mayor City of Bremerton Bremerton, Washington. Dear Mayor Kean: In accordance with your request, we wish to advise that our costs of the fire fighting equipment purchased under Project No. 48-90E-F for the Manette and Capitol Pill Fire Stations, are $1~,140, and are broken down as follows: One Howard-Cooper Corp. Chevrolet and Pump $~,~00.00 Two Howard-Cooper Corp. Ford-Mercury & Pump 8,~V~.00 ~,000 feet of 2~ inch hose 1,470.00 Ne would recommend sale to th~ City oi' Bremerton for 80 percent of our costs. Very truly yours, ( signed ) A.F. MOBERG Acting for: L. ~. DURKEE, Division Engineer. AND WHEREAS, the City Council of the City of Bremerton ~ee-mS i~-~highly advadta- g&ous that the City should acquire the equipment described in aaid letter at fifty per cent oI' the cost thereof, NOW THEREFORE~ BE IT RESOLVED, that the City oI' Bremerton hereby declares its intention to purchase from the Federal Works Agency, the fire fighting equipment of the Manette and Capitol Hill fire stations, described as follows: One Howard-Cooper ~orp. Chevrolet and Pump Two Howard-Cooper Corp. Ford-Mercury a~d Pump Z,000 feet of E~ inch hose for the purchase price of $7070.00, and to incorporate provision for such purchase in the 19~? City Budget so that payment to the government for said equipment can be made ~ur~ng the month of January, 1B~?, on delivery oi' bill of sale or other proper con- veyance. BE IT FURTHER RESOLVED ~hat ~e City Clerk i'orw~rd a certified copy of this resolution to L.R.Durkee, Division Engineer, Federal Works Agency, 818 Second Avenue, Seattle ~, Washington. PASSED by the City Council o~' the City of Bremerton, signed by the ~ayor, and attested by the City Clerk in authentication thereof, this ~lst day of July, 1~8. Motion by ~r. Kean and Mr. Gorst to pass Resolution No. SB~!as ~pad, carrted~as follows: ~r. Kean, yes; Mrs. Haddon, yes; ~r. Gorst, ye~ ....... Mayor commented that Mr. Craft and Mr. McFsrland of Department of Labor and In- dustry, had been in and they had discussed the possibility of Manson Construction Com- pany doing only that part of work on First Street Wharf that the City wanted to have done so that it would save some money, and that ~r. Craft and Mr. McFarland had ex- pressed a willingness to go along with the City on such a plan. Motion by Mrs. Hamdon and Mr. Gorst for the City Engineer to enter into negotta- ;ions with Manson Construction Company with a view of awarding them the contract for repair of the First Street Dock, carried. Mayor remarked on the Sheridan Strip, which ds not in the City Limits, extends from entrance to Eastpark and includes the Bay Theatre and other business establish- ments, and if it were taken in to the ~ity would be entitled to admission percentage. Of course, the City would be bound to take care of it from a traffic standpoint, and at present has no authority to go in with fire fighting equipment. Mayor stated that Mrs. Frank Woody had been in to see him, and had w~nted garbage service, w~ch could not be given outside of city. Mrs. Woody had remarked she would be willing to cir- culate a petition to have that strip taken into the city. City Attorney remarked that Mrs. Woody had called him and told him to hold it up. Motion by Mr. Kean and Mr. Gorst to authorize the City Engineer to prepare the legal description and refer to City Attorney for preparation of the necessary petition to come in the city, carried. There was no report ready on the Waffle Chip Company rent. Mayor commented no word had been received from Mr. Haas, but that Mrs. Haddon had met Mr. Haas on the street and had been told there would be something on it in the immediate future. Mayor remarked that Mr. Priest, who had an agency for the Lincoln and Mercury cars, had been to see about leasing Fire Station #2, as he had been looking for a location I'or some time, and had selected that one. He had been informed that he could operate as a sales room but not as a garage. Mayor commented that he would sug- gest the property be leased to Mr. Priest I'or a period of six momths, at $50.00 a month, as it would take quite a stun of money to remodel the present bulling and Mr. Priest planned to have another building constructe~ by the first of the year. The remodeling to be done in compliance with the buil~ing code, and then at the end of six months Mr. Priest could negotiate, if he desired, for a salesroom for parts, etc. Also, that the other dealers in town have expressed willingness ~ have Mr. Priest open the agency in the City. Motion by Mr. Kean and Mr. Gorst that the Mayor be instructed to negotiate the lease and refer the matter to the City Attorney for the preparation of the lease, carried. Clerk stated that no bids had been received on the pick up truck for the garage, but severs1 bids had been received on repairs to heating and plumbing at the City Hall Notion by ~rs. Haddon and Mr. Kean to open bids on repair of the heating and plumbing system of the City Hall, carried. Clerk read as follows: Bremerton 0il Burner Service; Certified Check ~57.40; total of bid $1,148.00 Lent,s; Certified Check $59.80; Lump Sum $1,196.00. Lofthus Sales Corp.; Certified Check $74.10; L~p Sum $1,482.OO; Substitute #14 VDRE Ace Unlflow for #15.VDRE - Deduct $130.00. A. L. Rockwell; Cash $1~.25; furnish Water Tank as specified and Electric Wir- ing for same, only, No plumbing or heating to be furnished; Amount of Bid Motion by Mrs. Haddon and Mr. Gorst to refer to the City Engineer, City Clerk and Purchasing Agent, Building Inspector and Plumbing Inspector, carried. Mayor remarked he would be leaving for Spokane to attend an Executive Meeting of the ~ashington Association of Cities. Motion by Mr. Kean and Mrs. Haddon to allow all bills presented if approved by a majority of the council, carried. Eayor enquired if there~was anything further on the suit for refunds on liquor cases. City Attorney replied that the Judge had indicated that he held with the City, and seemed of the opinion that the Supreme Court decision on case cited by at- torney was alright. There was some ~scusston on renovating the City Clerk's and City Treasurer's Office. Motion by Mr. Kean and Mr..Gofer to adjourn, carried. ~// City'Clerk APPROVED: Mayo r