12/26/1989 - Regular - MinutesPort Orchard, Washington
December 26, 1989
Council of the City of Port Orchard, Washington called to regular session by
Mayor Protem Robert Geiger at 7:30 PM. Councilmembers present: Clawson,
Childress, Powers, Smith and Grable. Councilman Wilson and Mayor Weatherill
excused. Staff present: City Attorney McCluskey, Police Chief Mathews, City
Engineer Curles, Fire Chief Snow and City Clerk Hower.
At the request of Mayor Protem Geiger, Robert Ojima led the audience and
Council in the Pledge of Allegiance.
Councilman Grable moved to approve the minutes of the December 11, 1989
meeting as circulated, seconded by Councilman Powers and carried.
Anna Bresett, Julie Cook and Richard Berg were honored by Mayor Protem Geiger
and Councilmembers by the presentation of plaques expressing appreciation for
providing evergreen holiday decorations on Bay Street. Materials were donated
by Richard Berg and Pacific Coast Evergreen. Ms. Bresett and Ms. Cook
volunteered their time and labor to construct the wreaths.
Mayor Protem Geiger presented plaque to Mr. Peacock, Mr. Cochran and the staff
of Washington State Department of Transportation expressing the City's
appreciation for the efficient paving job on Bay Street this summer.
Councilmembers and staff attested to the cooperation and good working
relationship enjoyed with the WSDOT staff.
On motion by Councilman Grable, seconded by Councilmen Clauson and Smith,
Council approved the proposed 1990 Addendum to the Kitsap County/City of Port
Orchard contract for incarceration of City prisoners at a cost of S40.00 per
person for each 24 hour period of confinement and authorized the Mayor's
signature.
Councilman Powers moved to approve the 1990 Public Defender Services Contract
with the law firm of Case & Lind, Inc. P.S. at a cost of 51,800 per month for
a maximum of 200 assignments and authorized the Mayor to sign the contract.
Motion seconded by Councilman Grable and carried.
Howard Minor expressed concern of the cost to taxpayers for the public
defender system and suggested the City consider public defender fees as a debt
for a defendant to pay in future, if and when their financial condition
improves. City Attorney McCluskey explained the Supreme Court has ruled that
persons are entitled to a free attorney if they can not afford one, however
the judge could as part of the sentence in a case, assess some cost as
repayment of part of the legal fees_ He will review this with the Municipal
Judge for implementation.
Mayor Protem Geiger opened Public Hearing to receive input on application for
a Special Use Permit as submitted by Rodney M. 011as to allow use of an
existing shed as a warehouse and sheetmetal shop at 510 DeKalb Street.
December 26, 1989
Page Two
Councilman Smith requested to be excused from this Public Hearing due to a
conflict of interest. Mayor Protem Geiger excused Councilman Smith, who
removed himself from the Council table.
Engineer Curles reviewed project proposed by Mr. 011as.
Mayor Protem Geiger called for public input either for or against the proposed
application for a Special Use Permit as submitted by Rodney M. 011as.
Mr. 011as briefed Council on proposed use of sheetmetal shop and responded to
Council questions.
Councilman Powers noted that Planning Commission Resolution No. 137-89
contained a condition requiring a parking plan be submitted prior to the City
Council Public Hearing. Engineer Curles explained the parking plan had been
requested because of amount of construction at the time of application.
Construction has now been substantially finished and the parking plan is no
longer critical.
Mayor Protem Geiger called for addition public input. As no response was
received Mayor Protem Geiger referred matter to Council for consideration.
On motion by Councilman Powers, seconded by Councilman Grable, Council adopted
Planning Commission Resolution 137-89 as their own (delete condition requiring
parking plan be submitted) and approved issuance of a Special Use Permit to
Rodney M. 011as which will allow the conversion of an existing shed into a
warehouse and sheetmetal shop at 510 DeKalb. Legal Description: Section 26,
Township 24 N, Range 1 E, W.M.; Sidney S.M. Stevens', Lots 5, 6 & 8 Block 2.
Mayor Protem Geiger informed Mr. 011as the permit is granted and also
acknowledged Councilman Smith's return to the Council table.
On motion by Councilman Clauson, seconded by Councilman Grable, Council
adopted Ordinance No. 1483 amending the budget for the year 1989, ordering
appropriation of funds and authorizing a budgetary transfer.
Councilman Grable moved to approve Resolution No. 1526 which amends Resolution
No. 1522 establishing increase and/or decease of speed limit on City streets
or intersections, seconded by Councilman Smith and carried.
Howard Minor informed Council that he has recently acquired property located
at 701 Bay Street and requested reimbursement of $230 which was assessed as
late penalty on this property's water/sewer account. Mr. Minor explained he
has paid the delinquent taxes and utility accounts as part of purchase price.
Councilman Powers moved to refer Dr. Minor's request for reimbursement to
Water/Sewer Committee and City Treasurer for study, seconded by Councilman
Grable and carried.
At the request of Police Chief Mathews, Councilman Clauson moved to authorize
the Mayor to sign an Interlocal Drug Task Force Agreement, subject to City
Attorney approval. Motion seconded by Councilman Childress and approved.
December 26, 1989
Page Three
On motion by Councilman Clauson, seconded by Councilman Childress, Council
authorized the Mayor to sign an Interlocal Agreement/Hold Harmless Agreement
with City of Winslow to assist Winslow Police Department in the training of
their police officers.
City Engineer Curles reported funding of Bypass Project Phase II has been
selected for funding by the Transportation Improvement Board. The TIB is
funded by the proposed State revenue package that includes the new gas tax
increase. Without TIB funding there is no other source of revenue to complete
Phase II of this project. Mr. Curles requested permission to communicate the
importance of this project to the City of Port Orchard and the South Kitsap
area to our State Legislators and request they support the State revenue
package. Councilman Clauson moved to authorize the City Engineer to write to
our State Legislators seeking their active support on passage of the State
revenue package, seconded by Councilman Grable and carried.
On motion by Councilman Clauson, seconded by Councilman Smith, Council
authorized the Mayor to sign agreement with City of Bremerton regarding
maintenance of the City of Port Orchard traffic control equipment.
City Engineer Curles informed Council that the City of Port Orchard has been
selected for P.I.E. funding. This is a $5,000 grant given by the Puget Sound
Water Quality Authority which will enable the City, the Conservation District,
Kitsap County Planning and Suquamish Tribe to: (1) hire a graphic artist to
develop an educational brochure on recycling and waste oil, and (2) have a
educational campaign using volunteers and boy scouts. Councilman Clauson
moved to authorize the Mayor to sign contract with the Water Quality Authority
accepting grant, seconded by Councilman Grable and carried.
Vouchers audited and certified by the auditing officer (City Clerk) as
required by RCW 42.24.080 and those expense reimbursement claims certified as
required by RCW 42.24.090 have been recorded on a listing and made available
to the Council.
Councilman Clauson moved to approve payment of those vouchers as follows:
Claim Warrant No. 12725-12778 in the total amount of $43,905.05, seconded by
Councilman Grable and carried.
Meeting adjourned at 8:23 P.M.
Clerk
Mayor