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