06/10/1996 - Regular - MinutesPort Orchard, Washington
June 10, 1996
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers
present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee and Grable. Staff present:
Police Sergeant Duncan, City Planner Gross, City Engineer Curles, Fire Chief Snow, City
Clerk Parks, Deputy Clerk Hager and City Attorney McCluskey.
Councilman Geiger led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Tom Stansbery, 720 Smith Street, read into record a letter urging Council to uphold and
enforce City ordinances in a uniform manner.
On motion by Councilman Grable, seconded by Councilman Clauson, Council approved items
on the consent agenda as follows:
a. (1) Minutes of the May 28, 1996 Council meeting
(2) Minutes of the June 3, 1996 Study Session - draft sign ordinance.
b. Approval of Claim Warrants No. 24769-24854 in the amount of $121,810.34
and May 1996 Payroll Warrant Nos. 124578-124833 in the amount of
$285,196.81.
C. Fireworks Stand Permit - Stripes Retail, Inc. - High Point Shopping Ctr.
d. Approval of Western International Fireworks Display Permit for 7/4/96.
e. Resolution No. 1740 approving the placement of two "Tremont Village"
(South Kitsap Health Care Campus) directory signs on the public right of
way - located at the intersection of Tremont Street and South Kitsap
Boulevard.
f. Resolution No. 1741 fixing the date of public hearing on a Petition to
Vacate a portion of Farragut Avenue Right of Way, (Platted as Prospect
Court). July 8, 1996 at 7:35 PM
G. Authorize City Clerk to sign Contract for Services with Code Publishing
Company to reformat and reprint the City's Municipal Code Book and supply
future supplement service.
City Engineer reported on bid opening held May 30, 1996 at 4:30 PM regarding the Tracy
Avenue Culvert, the following bids were received with the required bid bonds:
Fox Island Construction $164,636.00
Sound Excavation 129,285.00
Olsen's Land Development 123,526.36
R.V. and Associates 125,128.30
ENGINEER'S ESTIMATE $125,760.00
Upon recommendation of City Engineer, Councilman Clauson moved to accept the bidding
process and award the contract to the lowest bidder, Olsen's Land Development, in the
amount of $123,526.36. Motion seconded by Councilman Morrison and carried.
Robert Baglio, Kitsap County Project Manager, presented an update of the Kitsap County
Juvenile Detention Facility expansion and remodeling project. Phase "A" site
preparation and utilities installation should be completed by September, 1996. Phase
"B" building construction scheduled to begin late September 1996 with anticipated
completion in 1998.
June 10, 1996
Page 2 of 3
Mayor Weatherill reopened discussion on letter from Leonard Minor regarding Code
Enforcement Action and request for Abatement which was presented at the May 28, 1996
Council meeting.
Councilwoman Powers, Public Property Committee Chair, moved to offer a lease agreement
to Dr. Howard Minor, (subject to approval by City Attorney) as follows:
(1) Lease 1/2 acre of property at the Old Clifton land fill;
(2) $150.00 per month rent plus applicable State Leasehold Excise Tax;
(3) Only 5 locked trailers on property, no other items or debris stored on
property, with access only by Dr. Minor and/or his employees;
(4) Lease on a month to month basis with a 30 day cancellation clause;
(5) Same insurance criteria as Brem-Air and Kitsap Transit Lease
(6) Effective date July 1, 1996.
Motion seconded by Councilman Geiger.
Councilman Van Zee moved to amend motion offering a lease to Dr. Howard Minor for 1/2
acre of city property on Old Clifton Road to include two additional requirements, (1)
Item #3 be limited to the five trailers which are located at 128 Melcher at this time.
The trailers will be listed by Vehicle Identification Numbers. No other trailers or
vehicles shall be moved to the lease site; and (2) A Performance Bond in the amount
of $25,000.00 shall be provided to insure site cleanup at termination of lease, seconded
by Councilman Clauson.
Councilman Morrison moved to further amend the motion to increase the requirement of
a Performance Bond to $100,000.00, seconded by Councilman Wyatt. Motion on second
amendment failed with 5 nays and 2 ayes. Councilmen Morrison and Wyatt voting aye.
Council called for question on the first amendment to the motion which would include
provisions in the lease agreement to list by Vehicle Identification Number the specific
trailers permitted at lease site and also require a Performance Bond in the amount of
$25,000.00. Motion passed with 5 ayes and 2 nays. Councilmembers Clauson, Geiger,
Powers, Van Zee and Grable voting aye.
Council approved the original motion as amended to offer a lease agreement to Dr. Howard
Minor, subject to approval by City Attorney as follows:
(1) Lease 1/2 acre of property at the Old Clifton land fill;
(2) $150.00 per month rent plus Leasehold Excise Tax;
(3) Only 5 locked trailers which shall be listed on the lease by vehicle
identification number shall be permitted on the leased property, no other
items, debris, vehicles or trailers shall be stored on the property, with
access only by Dr. Minor and/or his employees;
(4) Lease on a month to month basis with a 30 day cancellation clause;
(5) Same insurance criteria as Brem-Air and Kitsap Transit Lease r �ftc
(6) Effective date July 1, 1996;
(7) Performance Bond in the amount of $25,000.00.
Motion passed with 4 ayes and 3 nays. Councilmembers Clauson, Geiger, Powers, VatrFe!
and Grable voting aye.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized City
Staff to proceed with citations for code violations at 128 Melcher Street and all other
properties in violation of the Code Ordinance.
Mayor Weatherill called for a 5 minute recess with meeting reconvening at 8:46 PM.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council removed from
the table, the motion to approve Resolution No. 1736 authorizing the Mayor to sign the
new Kitsap Regional Council Bylaws, as presented at the May 28, 1996 Council meeting.
June 10, 1996
Page 3 of 3
Council called for the question on motion to adopt Resolution No. 1736 authorizing the
Mayor to sign the new Kitsap Regional Council Bylaws. Motion passed with 7 ayes.
Councilman Geiger addressed a Claim for Damages submitted by Steven Erhart alleging his
vehicle was damaged by gravel thrown by a passing city police vehicle at the
Tremont/Pottery intersection on February 2, 1996. Councilman Geiger noted that the City
has no liability in this situation because the city police officer was responding to
a police situation in an appropriate manner and rocks or gravel on the road are
considered a road hazard. Police Chief Mathews has recommended that the City pay the
claim as an act of good will not as an admission of liability. City Clerk Parks advised
Councilmembers that no inspection of the alleged damage has taken place.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized
payment of the Claim for Damage as submitted by Steven Erhart in the amount of the low
estimate of $172.64 as an act of good will, conditioned upon confirmation of damage
to Mr. Erhart's vehicle.
City Engineer Curles reported on cost proposals for repairs to the DeKalb Street Pier.
$10,000 is budgeted for this project. One proposal was received in the amount of
$13,971.93. Mr. Curles recommended funds budgeted for repairs to the Water Street
concrete dock be used for the DeKalb Street project.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the City Engineer to proceed with the repairs of the DeKalb Pedestrian Pier and approved
use of the $3,000 budgeted for the Water -Street Dock project to assist in funding the
DeKalb Pier Project.
On motion by Councilman Van Zee, seconded by Councilman Morrison, Council authorized
the City Engineer to proceed with sewer main repair and installation of a clean -out
connection in the vicinity of 135 Farragut Avenue.
Mayor Weatherill adjourned Council into Executive Session for 15 minutes to discuss a
pending legal matter.
Mayor Weatherill reconvened Council into regular session at 9:30 PM.
On motion by Councilman Morrison, seconded by Councilmembers Wyatt and Powers, Council
approved retention of Eileen Lawrence, an attorney, to represent the City in a pending
personnel legal matter and authorized the Mayor to sign legal representation agreement.
Meeting adjourned at 9:32 PM.
PATRICIA PARKS, CITY CLERK
LESLIE J. WEATHERILL, MAYOR