11/28/1977 - Regular - MinutesPort Orchard, Washington
November 28, 1977
Council of the City of Port Orchard, Washington, called to regular session
by Mayor Paul D. Powers, Jr. Council members present: Eugene Caldwell,
Lee Caldwell, Geiger, Roos, Libby and Haberlach. Also present. Attorney
Riehl, Engineer Knobbs, Chief Weatherill and Chief Mares. Councilman
Wilson excused.
Mayor Powers led the Council and the audience in the Pledge of Allegiance.
On motion by Councilman Lee Caldwell, seconded and carried, the minutes
of the November 14, 1977 meeting were approved as circulated.
Richard Sanborn, resident of the City of Port Orchard, spoke to the Council
concerning the leash law that exists in the City of Port Orchard. Mr.
Sanborn stated he feels there must be something that can be done to rid
the city of problem animals that are allowed to tun free. Mayor Powers
informed Mr. Sanborn the Council is aware of this problem and will give
his comments consideration.
Ed Sundt approached Council to inquire if any decision has been made con-
cerning the water/sewer tap fee rate increases for persons who had acquired
their building permit before the new fees went into effect. Mayor Powers
stated the matter had been turned over to the Attorney for a legal decision.
Attorney Riehl informed Council that it is the Attorney's opinion that the
legal date of the ordinance covering water/sewer tap fees is the date
stated on the ordinance. However, the Council could consider each individ-
ual situation to determine which ordinance (old or new rate 'fees) would
be effective in each case, taking into consideration when the building
permit was aquired, if any estimates were given applicant, also financial
obligations.
Mayor instructed Council that this matter has been tabled and if they
would like to discuss the Attorney's opinion, the matter would have to
be removed from the table.
Councilman Lee Caldwell moved to remove from table motion stating all
persons applying for water/sewer tap who had acquired their building per-
mits prior to the amending of the ordinances governing water and sewer
taps, should be charged the old tap fees. Councilman Eugene Caldwell
seconded. Motion denied with four nays and two yeas. Councilman Haberlach,
Libby, Geiger and Roos voting no.
Councilman Lee Caldwell moved to charge Mr. Luz and Mr. Sundt the old sewer/
water tap rates. Motion ruled out of order.
Clerk read Letter from Mr. Eugene Luz stating he had been told an estimated
price of water and sewer hook up fees by the City Engineer at an earlier
date and he feels the City should stand behind the City Engineer's estimate.
Councilman Roos moved that hook up be allowed and billed when job is
completed. Councilman Geiger seconded the motion.
Councilman Eugene Caldwell moved to amend the motion to state new fee is
pending on Council action on this matter. Motion died, no second.
Original. motion to allow hook ups with applicant to be billed when job was
completed lost with four nos and two yeas, Councilman Lee Caldwell and
Roos voting yea.
Councilman Eugene Caldwell moved to reconsider removing the matter from
table. Councilman Lee Caldwell seconded.. Motion ruled out of order by
Mayor.
Councilman Geiger moved to allow Mr. Luz to pay estimate cost of hook up
and the basic fee to be held until Council makes decision at next meeting.
Seconded and carried with four yeas and two days. Councilmen Roos and
Eugene Caldwell voting nay.
Clerk opened and read bid submitted on hose tower. Bid submitted by
Tinners, Inc. in the amount of $10,738.00 for concrete block lower 8'
wood siding with painting to match exterior of building.and $10,378.00
for wood framed metal siding.
Councilman Lee Caldwell moved to accept bids and refer to committee for
recommendation at next meeting. Seconded.
Councilman Geiger moved to amend motion to give Committee power to act
and proceed on project. Seconded and lost with three yeas and three nos.
Mayor cannot vote on this, so motion to amend failed with tie vote.
Original motion to accept bids and refer to Fire and Light Committee for
recommendation at next meeting failed with four nays and two yeas.
Councilman Haberlach moved to accept bid and award contract to Tinners,
Inc. in the amount of $10,738.00. Seconded and carried with five yeas
and one no, Councilman Roos voting no.
Pat McCullough, Entranco Engineers, read bids for Schedule "B" of Melcher
Street Sub -Stations. Bids are:
Humphrey $170,483.00
Lindrook'. 207,700.00
On motion by Councilman Libby, seconded and carried, Council accepted bid
and awarded contract to Humphrey Construction in the amount of $170,483.00
contingent on special approval by Attorney.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
Change Order #2 on One Million Gallon Reservoir Project No. 07-81--02097-0
to change specification"for roof hatch door to require installation of an
exterior door.
Councilman Lee Caldwell moved to issue a call for bids for repairs on
Sidney from Bay to water Street. Seconded and carried with five yeas
and one no, Councilman Geiger voting no.
On motion by Councilman Lee Caldwell, seconded and carried, Council
authorized Mayor to sign revised contract and authorize the Engineering
firm of Entranco Engineers to proceed with the By-pass Study.
Councilman Lee Caldwell moved to include Orchard Street, Frede.rick;Street, a
portion of parking area and a portion of Bay Street from Bethel to approx-
mate location of Laundromat. Seconded and carried with five yeas and
one no. Councilman Roos voting no.
Councilman Lee Caldwell reported to Council that Street and Alley Committee
hope to have 10--12 students from South Kitsap High School to assist them
in taking another parking study in downtown area next Tuesday.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
moved to accept contract from Cen-Com for the year 1978.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
holding the council. meeting December 27, 1977 in lieu of December 26
7.977 which is a legal holiday and Council cannot transact business on a
holiday.
Clerk read letter from Dennis Eischens advising Council of sale of his
taxi cab business, Blue & Gold --Ideal Taxi Co. to Donald E. Clark.
Clerk read letter from Donald E. Clark advising Council that he is in the
process of purchasing the assets of the Blue & Gold Ideal. Taxi Co. Mr.'
Clark requested he be informed of what necessary forms and other information
he will have to furnish the City. After much discussion on problems
encountered with taxi companies, Mayor referred matter to Police Committee
for recommendation.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
Ordinance No. 1024, an Ordinance amending the budget for the year 1977;
appropriating Current Expense Fund revenue received in excess of antici-
pated amount and authorizing expenditure of $8,320.00 for Fire Department
equipment.
Councilman Lee Caldwell moved that Council approve Ordinance No. 1025,
an Ordinance amending the Budget for the year 1977; appropriating Current
Expense Fund unencumbered fund balance in excess of estimate and authorizing
transfer of $50,000,00 to the Cumulative Reserve Fund for Street':Capital
Improvements matching funds. Seconded.
Councilman Roos moved to amend motion to cut $25,000.00 from Street Capital
Improvements and allocate this $25,000.00 to completion of the Van Zee
Park. Seconded. Failed with five nays and one yea. Councilman Roos voting
yea.
Original motion to approve Ordinance No. 1025 carried with five yeas and
one no. Councilman Roos voting no.
On motion by Councilman Haberlach, seconded and carried, Council approved
Ordinance No. 1026, an Ordinance appropriating revenue received and not
provided for in 1977 budget, Public Works Employment Act of 1976 Fund,
in the amount of $12,493.00 and authorizing the expenditure of same for
Current Expense and Street Fund personal services.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
Ordinance No. 1027, an ordinance amending the budget for the year 1977;
appropriating revenue received in excess of anticipated income and providing
for the transfer of $30,000.00 from the Water Fund to the Water Construction
Fund - 1975 for the redemption of R-Warrants.
On motion by Councilman Roos, seconded and carried, Council approved
Resolution No. 1189, a resolution authorizing the transfer of Federal
Shared Revenue Funds in the amount of $3,131.02 to Current Expense Fund.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
Resolution No. 1190, a resolution authorizing the issuance of a registered
warrant in the amount of $1,969.41 to Kitsap County Bank from any monies
in the Water Construction Fund, 1975, and bearing interest at the rate of
5z p per annum.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved the purchase of a refrigerator for the Active Building.
Meeting adjourned at 10:45 P.M.
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