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01/12/1987 - Regular - MinutesPort Orchard, Washington January 12, 1987 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Wilson, Geiger, Lloyd, Grosso and Grable. Councilman Childress excused. Also present: City Attorney McCluskey, City Treasurer Miller, Police Chief Mathews, City Engineer Curles, Fire Marshall Wernet, Administrative Assistant Thomas, and City Clerk Hower. On motion by Councilman Grosso, seconded by Councilman Grable, Council approved the minutes of the December 22, 1986 with the following correction, page two, paragraph one, line one to delete "...Public Properties" inserting "Street/Alley ...". Police Chief Mathews led the audience and Council in the Pledge of Allegiance. Councilman Geiger moved to work out the proposed Developer's Agreement with Tweten's Lighthouse Restaurant if and when the water lines are extended, seconded by Councilman Grable and carried. City Clerk reported on bid opening held January 12, 1987 at 4:30 PM, relative to Call for Bids for firewood. Bids were received as followed: William D. King $216.00 Bridgett Courtway 130.01 Richard Wolf 101.00 Dr. Paul Drotz 257.04 Mr. C.E. Snow 160.00 Greg Moss 227.00 On motion by Councilman Wilson, seconded by Councilman Clauson, Council accepted the bidding and awarded the firewood to Dr. Paul Drotz for the amount of $257.04. Councilman Grosso and Chief Mathews reported on traffic flow on DeKalb Street from gate at northend of high school parking lot. Councilman Grosso also requested the Street/Alley Committee research the possibility of changing the stop sign, located at the intersection of DeKalb and Tracy to a yield sign. On motion by Councilman Clauson, seconded by Councilman Wilson, Council approved removing from the table, motion to close the DeKalb Street gate at the northend of the High School parking lot. Council denied motion, as presented by Councilman Geiger at the December 22, 1986 Council Meeting, to close the DeKalb Street gate at the northend of the High School parking lot. Motion denied with one aye and five nays, Councilman Wilson voting aye. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM, regarding City's intent to establish special assessment lien in the amount of $18,590.64 against 810 Bay Street. Mayor Weatherill called for public input for and/or against the City's intent to establish special assessment lien in the amount of $18,590.64 against 810 Bay Street. Harold Dodge, Trustee for the sale of 810 Bay Street, requested payment of the special assessment lien be set for 5 annual installments at 7% interest. January 12, 1987 Page Two Bill Ostruske, prospective bidder, also requested the special assessment lien be made payable in 5 annual installments at 7% interest. As no further public input was received, Mayor Weatherill closed public input portion of hearing on City's intent to establish special assessment lien in the amount of $18,590.64 against 810 Bay Street. Councilman Wilson moved to approve proposed Ordinance No. 1372, establishing a special assessment lien against property located at 810 Bay Street in Port Orchard for repairs to the building. Motion tied with 3 ayes and 3 nays. Councilmen Grable, Lloyd and Geiger voting nay. Councilmen Wilson, Grosso and Clauson voting aye. Mayor Weatherill voting as chairperson votes aye. Motion passes witi► ti 41i,d 3 nays. Councilman Grosso moved to reconsider motion to approve proposed Ordinance No. 1372. Motion died for lack of second. Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 8:35 PM. Councilman Grosso moved to reconsider motion to approve proposed Ordinance No. 1372, establishing a special assessment lien against property located at 810 Bay Street in Port Orchard for repairs to the building, seconded by Councilman Geiger and carried. Councilman Clauson moved to reopen public hearing, regarding City's intent to establish special assessment lien in the amount of $18,590.64 against 810 Bay Street, seconded by Councilman Grable and carried. Mayor Weatherill called for public input for and/or against the special assessment lien in the amount of $18,590.64 against 810 Bay Street. Dr. Minor expressed concern regarding the building becoming a usable building again and also stated that the assessment should be payable in one lump sum. Mayor Weatherill closed public input portion of Public Hearing regarding City's intent to establish special assessment lien in the amount of $18,590.64 against 810 Bay Street. Councilman Wilson moved to approve proposed Ordinance No. 1372, establishing a special assessment lien against property located at 810 Bay Street in Port Orchard for repairs to the building. Motion ties with 3 ayes and 3 nays. Councilmen Grable, Lloyd and Geiger voting nay. Councilmen Wilson, Grosso and Clauson voting aye. Mayor Weatherill voting as chairperson votes aye. Motion passes with 4 ayes and 3 nays. On motion by Councilman Clauson, seconded by Councilman Wilson, Council approved proposed Resolution No. 1439, establishing the installment payment schedule for the special assessment lien. The assessment of $18,590.64 is to be payable in 5 annual installments at 7% interest, with the first annual payment due within 90 days from 1/12/87. Motion passed with 4 ayes and 2 nays. Councilman Geiger and Lloyd voting nay. January 12, 1987 Page Three On motion by Councilman Wilson, seconded by Councilman Clauson, Council accepted Agreement between Wilkins Distributing and the City relevant to Wilkins Class IV water system and authorized the Mayor to sign the Agreement. Councilman Grosso moved to accept Claim for Damages, submitted by Anthony F. Glaza, in the amount of $527.81 for U.L.I.D. No. 1, Account No. 36240130342009, seconded by Councilman Wilson. After report by City Treasurer and City Attorney on history of Mr. Glaza U.L.I.D. Account, motion fails with six nays. Councilman Clauson moved to deny Claim for Damages, submitted by Anthony F. Glaza, in the amount of $527.81 for U.L.I.D. No. 1, Account No. 36240130342009, and requested letter be sent to Mr. Glaza explaining Council actions, seconded by Councilman Grosso Councilman Grosso moved to approve Ordinance No. 13711 amending Municipal Code Chapter 13.08.190 - sewer rate billing procedures for multiple'unit facilities, seconded by Councilman Grable. Councilman Geiger moved to table proposed Ordinance No. 1371 amending Municipal Code Chapter 13.08.190 - sewer rate billing procedures for multiple unit facilities, seconded by Councilman Grable and carried with 5 ayes and 1 nay. Councilman Grosso voting nay. Councilman Wilson moved to confirm Mayor Weatherill's reappointment of Lee Caldwell and Darlene Thompson to the City of Port Orchard Planning Commission, with their terms to expire on December 31, 1992, seconded by Councilman Clauson and carried. Mayor Weatherill requested the Parks Committee look into the continued need of maintaining a Parks Commission. Mayor Weatherill read letter from Municipal Court Judge Dolan requesting the Council appoint a Court Oversight Committee. Mayor Weatherill assigned the Finance Committee to be the Court Oversight Committee. Councilman Wilson informed Council Tom Herstad has questioned the possibility of vacating a portion of Austin Street. Mayor Weatherill referred matter to Street/Alley Committee for recommendation. Councilman Grosso moved to approve Ordinance No. 1373, adopting by reference RCW 46.61.688 relating to use of safety belts and child restraint devices, seconded by Councilman Grable and carried with 5 ayes and I nay. Councilman Wilson voting nay. Councilman Grosso moved to remove from table motion to authorize a variance from mandatory garbage service at 198 Tremont as requested by Ed Recknagle, seconded by Councilman Clauson and carried. Motion presented by Councilman Grosso, seconded by Councilman Wilson at December 8, 1986 meeting to authorize a variance from mandatory garbage service at 198 Tremont as requested by Ed Recknagle, motion failed with 6 nays. January 12, 1987 Page Four 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. On motion by Councilman Geiger, seconded by Councilman Clauson, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 8130-8205 in the amount of $227,523.40 and December, 1986 Payroll Warrant No. 106843-106953 in the total amount of $105,087.92. Councilman Clauson moved to approve the City of Port Orchard's participation in Puget Sound Council of Governments Insurance Pool Study at no cost to the City and also authorized the City staff to provide information to consultants performing this study, seconded by Councilman Wilson and carried. City Treasurer Miller reported on the status of the U.L.I.D. No. 1 foreclosure process and stated the 1987 billings are being mailed out this week. Councilman Clauson moved to authorize Change Order No. 1 for the Sidney Pump House in the amount of $850.00, seconded by Councilman Grable and carried. Councilman Wilson moved to authorize the City Engineer to send a public workshop employee to the Annual Waterwork Workshop in Vancouver, WA, on March 17-19, 1987, seconded by Councilman Grosso and carried. Councilman Wilson moved to authorize the City Engineer to negotiate for a time extension on Kramer, Chin and Mayo's professional services contract for the Sludge Dewater Facility Construction Project, seconded by Councilman Grable and carried. Mayor Weatherill called for a 5 minute recess with meeting to reconvene at 10:15 PM. Mayor Weatherill recessed Council into executive session for 2 hours to discuss a legal matter, open meeting reconvened at 12:15 AM. Attorney McCloskey stated it is apparent there are several violations at Fur, Fin and Feathers (FF&F), that we lease the property to FF&F and the City may have some liability for actions taking place. The City has received a letter from the Health Department, stating there are hazardous conditions at FF&F facilities. As part of our lease, it is required that they keep the property in a sanitary condition, they also appear to be in violation of District Court Order concerning the cleanliness of the property and caring for the animals. The City Attorney recommended that the City give FF&F 10 day notice to rectify conditions or there will be forfeiture of lease and also Notice of Abatement of Nuisance under our Nuisance Statutes. City Attorney further recommended the City ask for cooperation of Humane Society and the Health Department in taking measures in order to rectify this matter. Councilman Grosso moved that the City Attorney's recommendations relevant to FF&F be followed and also commended Mrs. Barringer and her supporters for their efforts over many years, in the face of great adversity, to try to carry out a philosophical point of view to care for these pets, it is unfortunate that it is not possible for this to take place here and now, seconded by Councilman Clauson and carried. January 12, 1987 Page Five Councilman Grosso stated, "I feel very distressed personally, my heart goes out to Mrs. Barringer and her supporters, but I can see no other recourse but to proceed as recommended.". Councilman Geiger added, "the whole sad circumstances of this matter is a reflection of the lack of public understanding of responsibility of having animals. Public education is absolutely necessary that the careless ownership of animals has to cease.". Meeting adjourned at I2:30 AM. CLERK MAYOR