Loading...
05/13/1974 - Regular - MinutesPort Orchard City Council May 13, 1974 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Council members present: Fulton, Caldwell,Doyle, Libby and Geiger. Councilman Van Zee excused because of sickness, and Councilman Roos excused for vacation. Also present Engineer Knobbs, Chief Dow and Weatherill and Attorney McCluskey. On motion by Geiger, seconded by Caldwell and carried, Council approve minutes of April 22, 1974 as circulated with minor correction of changing the word "of" to "with" in the twentieth line of paragraph four on first page on April 22, 1974 minutes. Mayor Powers addressed the public present at the meeting relative to the stoppage of the South Kitsap High School Band from practicing their routine in Mitchell Avenue, stating that there have been problems in the past couple years in that there has been no cooperation with the City from the High School Principal or from the band master. Also, the letter from the Chief of Police was read to the student body and others. Mayor further stated that at a meeting on Tuesday, May 7, 1974 with Dr. Davis and with other City department heads the problem was discussed and that it was resolved that if the School District would place a rider on their insurance policy holding the City harmless from both liability and costs which might becom dua�:in the case of a suit and have flag -people present to direct traffic during the practice, the marching could continue. No further contact had been made by the school. Jerry Lyman, of the Music Boosters addressed the council on behalf of the practice and informed Council that there are only three more practices and would like to see them continue, that there are about 200 students participating, and that any inconvenience caused is more than offset by prestige and honor brought to the District and the City from their exploits all over the State. Chief reported that he cannot commit any patrol- men for the couple hours of practice to control traffic if any occurs. Mr. Lyman stated that he was sure that an off duty patrolman would donate the little time that was needed. Motion by Councilman Fulton that the band be allowed to practice as in the past for the three remaining times if the school will provide the City with the Hold Harmless Rider on their liability policy. Motion seconded by Councilman Caldwell. Motion amended by Councilman Caldwell to include "with barricades and flagmen" seconded by Geiger. Motion carried on the amendment. On the amended original motion,Council voted approval. Mrs. Maxine Johnson and Mrs, Jean Leiseke, 2021 and 2012 Sidney presented petitions to the Council to take whatever action necessary to preserve the residential area as it is in Sidney - Granat Street area and protesting the storage yard activities at the old S&S Auto Rebuild area. Attorney McCluskey reported that Mr. Clauson had been contacted and had been informed that a Special Use Permit is required to operate an open storage yard, and explained that in his opinion an open storage yard is•one which is completely covered and not screened as with a fence. Also informed the Council that Mr. Clauson stated to the Council that there is some question as to the inter- h petation of an open storage yard. Mr.'.---Clauson -was informed by .?attorney; that auto bodies stored inside the main building would be permissable. Mrs. Lieseke brought up the noise and disturbance factor, of activity in the late hours of the night and morning, and Mr. Clauson reported that he had instructed his employees to turn off their lights and make as little noise as possible during after hour activities. Attorney McCluskey reported to Council that it is nice to have the residents assist the City in being aware of items of this type, but that in the event of court appearance it is best that those in responsible positions within the City be first hand witnesses, and because of this, they should apprise themselves of the problems and keep factual records. Mr. Wayne Darbo, 1320 Garrison Street, again demanded that the City fill area in which during heavy rainy seasons fills up with natural drainage from the surrounding higher lands. Also stated that there has been other instances causing concern reported to him and that he will do everything within his power to remove the members of the Council from office unless some action is taken to fill this area south of West and in the vicinity of unimproved Radey Street. He will circulate a petition to recall at the end of this week. Mayor informed Mr. Darbo that this is his privilege as a resident. Attorney McCluskey informed Council that this matter should not be discussed May 13, 1974 Page Two at this time as the matter represents a claim against the City in the amount of $250,000.00 and will probably end up in court. Councilman Doyle stated that she could see no reason why there should not be discussion on the matter. There was a discussion of the possibility of purchase of the entire area for park purposes. Councilwoman Doyle suggested that the Park Committee be given the authority to consider possibilities of park area and review the situation. Councilman Fulton stated that the Council was not listening to the advice of our Attorney that there shall be no discussion of this matter at this time. Councilwoman Doyle stated that in her opinion the Council should not be rendered inactive. Attorney McCluskey' informed the Council again that this was not correct. Council will abide by' Attorney' s recommendation. Letter from the Kitsap County Health Department to Mrs. Sharon Lee, 2363 Flower Street, relative to sewerage conditions in the Garden Grove and Flower Street area was read informing her that one of the residents of Garden Grove, Mr. Gary Standish, has contacted a contractor to correct his problems. Engineer is preparing a description for a petition to be dis- tributed by the residents to ask the City to form a Local Improvement Dis- trict to construct sanitary sewers in the area. The descriptions will be ready by the end of this week. Engineer reported that a ball park figure on the per lot cost of a LID would be $3500.00. Mr. Terry Thompson, Bond advisor for the City and Mr. Dick Warren, Kramer, Chin & Mayo, presented information relative to the Referendum #27 approved grants for the 2 MG Reservoir and the Transmission Intertie in the amounts of $131,424.00 and $125,072.00 respectively. The Council was informed that the original estimate of cost of the two projects have increased and that the grants, based on the original costs now would represent abount 31% instead of 40%. Also that the City's share would be about $300,000.00 for the 2 MG Reservoir and #375,000.00 for the Intertie. There is a possibility of diverting the grant for the Intertie to a grant for a well if Council would decide this is the way to go. Mr. Thompson stated that a rate increase of about $2.25 per month would be necessary to meet the bonding requirements to pay the principle and interest on a issue of $300,000.00, also that the probable interest rate on the new issue would be 7% and this issue could come at the end of the existing issue. Mayor mentioned the issue of G.O. bonds in the amount of about $200,000.00 without the vote of the people known as Councilmatic action, Mr. Thompson stated that there is some risk attached to this as the principal and interest must be paid from the existing property tax income, whereby if the Council, with the approval of the voters of the City, issued G.O. bonds the payment of the principle and interest would be by increased mileage and each property owner would help. Mr. Thompson also informed Council that if timing is critical the City could perhaps issue interest bearing construction warrants possibly to the Kitsap County Bank, who would hold these until the City could arrange for their regular bond issues. Stated that rate increases are common and generally accepted throughout the State, and recommended that the City Utility Committee should meet at least once a year and upgrade their rate system. Mr.Thompson also informed Council that the rate system should be the same for both residential and commercial and that the amount should be the rational, also that the federal government has set the outside service rate at a maximum of 10% more than the inside rate. Mr. Warren stated that the trans- mission line could double for the reservoir for some time in the future but that the City of Bremerton would likely insist that eventually the City in- stall a reservoir. Councilwoman Doyle asked the possibility of sharing the line and reservoir with Annapolis Water District and Mr. Warren stated that yes the study showed that the two systems could be compatable for joint use in the future. Mr. Knobbs will inquire of the meeting date of the Annapolis Water District and the Engineer, the Mayor and the Chairman of the Water Committee will attend and discuss the foregoing with them. Mr. Thompson and Mr. Warren stated that they would be able to attend a work session on the 21st of May, 1974. They will be notified. On motion by Councilman Caldwell, seconded by Councilman Fulton and carried Council approved the payment in the amount of $448.50 of the annual lease rental for leased tide lands from the Department of Natural Resources for the period of June 3, 1975. On motion by Councilman Caldwell, seconded by Councilman Geiger and carried Council approved the request of Mayer Built Homes for a 90 day extension from this date to exercise the conditions of the Special Use Permit which May 13, 1974 Page Three had been approved. Councilwoman Doyle voting no for the following reasons: (a) double desity not appropriate for this area (b) no access (c) need k� of transportation to shopping centers (d) no benefit to the community (e) ;�`Y� not a desireable site and that the building covers more than 40% of the area. Councilman Geiger presented Council with a bill in the amount of $207.08 expended by the library for labor and materials for additional shelving stating that the money is not in the budget but perhaps it could come from building maintenance and made a motion to pay, seconded by Councilman Fulton and carried. On motion by Councilman Fulton, seconded by Councilman Caldwell and carried clerk instructed to write letters to V.F.W. Post #2669 and Richard Rylander thanking them for the hanging baskets they placed under the Marques in the downtown area. On motion by Councilman Cladwell, seconded by Councilman Fulton and carried Ordinance #993 vacating portions of Sweany and Taylor streets was approved. Attorney reported the entire amount of the Cities claim against Select Con- tractors in the amount of $7998.16 has been recieved. Reported that if the land on which Mr. Dickover desires to place a boarding kennel is properly zoned and if the location is such that there will be no nuisance factor to a joining property owners the Council could approve the land for a boarding kennel. It appears that the Humane Society is concerned with the care of the animals as to mistreatment and the Health Department as to the sanitary conditions of the kennels. Attorney and Clerk will review and inform Mr. Dickover. Attorney informed Council that by the next meeting he will be able to con- firm that claim against the City by James Griffith and wife will be dropped and that the Federal case against the City Engineer will also be dropped, by the Cities offer of $4100.00 in retained funds and $200.00 for attorney and filing fees. The case aginst Chief Dow will not be dropped by Mr. Griffith Attorney informed Council that Mr. & Mrs. Bullion, 921 Hull Street had indicated thru there attorney that they would drop their claim against the City in the amount of $10,000.00 if the City would correct the drainage problem existing at their property. City engineer reported that this can be completed:1 at a reasonable cost to the City and that it is possible that the Cities insurance carrier would re-imburse the City. On motion by Councilman Calswell, seconded by Councilwoman Doyle and carried Council approved the attorney to make the necessary arrangements to finalize the problem. Engineer reports: Reminded Council that the agreement with Annopolis Sewer Department to serve about 80 of their customers will be up for renewal in July. Sidewalk problem at Pete's Gun Shop has been corrected by painting. Bids on re -construction and paving of Sidney from Tremont to Division will be opened at 3:00 PM May 24, 1974 and will meet with the Street and Alley Committee at 8:00 AM on May 28, 1974. Councilman Caldwell moved that the above time be set for a meeting on the Street bids, seconded by Councilman Libby and carried with Councilman Geiger voting no. Reported that in order to get approval to use arterial and gas funds for the Sidney construction it was neccessary to include in the 6 year road plan those streets that are going to be resurfaced this year by the County. Bids on the Adams Grader were called for opening to be at 3:00 PM May 24, 1974. Chief Dow reported that the Pythian Sisters are having visiting guests on Saturday June 1, 1974 and that they would like courtesy tickets for their visitors. Stated that they would prepare the tickets as the City would require and that they expect about 150 people and possibly 50 cars. May 13, 1974 Page Four Councilman Caldwell moved that they approve the courtesy stickers and that the visitors can also park on Prospect, seconded by Councilman Libby. Motion lost with Councilman Caldwell voting yes and balance of Council voting no. On motion by Councilman Geiger, seconded by Councilman Fulton and carried Council approved the use of the 12 hour parking area and they (Pythian Sisters) do their own directing of parking. Chief Weatherill reported of 7 calls since last meeting. Will prepare all necessary data to give the Council in a report from the activities of the Fire Marshall. Will practice burn on the 18th of May, 1974 on Perry Avenue and the street will be closed to through traffic between 8:00 AM and 5:00 PM. The volunteer Fire Department now has a operable skin diving and rescue unit. Local department is hosting Mason County Firefighter at Hall #2 on May 16, 1974, beginning at 8:00 PM. Councilman are invited. On motion by Councilman Caldwell, seconded by Councilman Fulton and carried Council approved the housing of the District #7 standby ambulance at Fire Hall #2. Wants to change the request of the last meeting on the Fire Investigation School being held in Ellensburg, May 20, 21, 22, and 23, 1974 to two men for registration in the amount of $30.00 and $70.00 for travel and allied expenses for one. (Gary Bontrager). Registration will be paid $15.00 each for Gary Bontrager and Marvin Parks. On motion by Councilman Geiger, seconded by Councilman Doyle and carried the above request was approved. Wanted to know what to expect relative to a place for the carnival to be held during the Fathom of Fun Days. Council stated that there has been no request at this time and they will wait. Brought up the subject of a place for the Fire Marshall to have a office in which he could use for private of closed discussions with people and asked the Council to allow him to have the old office of the Engineer and which is being occupied by the women employees of the City for their coffee breaks and lunchroom, stated that the womens lounge was only used on hour per day. Stated that the offer of the engineer for a office in the drafting room would not be satisfactory as it is to crowded. Matter referred to special (standing committee) composed of Council members, Chairman Fulton, Councilman Libby and Geiger to review and recommend at the next meeting. Councilman Fulton asked Chief who and why should there be consultations with the Fire Marshall and how often. Chief stated not every day, and also stated that the Fire Marshall has been on duty for four days this month and has completed 19 inspections. Councilman Geiger asked the engineer what could be done about cleaning the dirt and dust left by the contractors from the hauling of fill material and that Bay Street is in terrible shape. Engineer reported that this is the responsibility of the contractors and he will see to it that they clean up their mess. Councilman Geiger also informed Council that the Mayor of Everett on a speaking engagement stated that the cities are very foolish to use Federal Shared Revenues for ongoing programs as when the funds are finished there is no way to continue. Councilman Libby requested that the Council approve the Chief of Police going to the Semi-annual meeting of the Washington Association of Sheriffs and Police Officers Convention June, 1974 and for four days in December, 1974, for a cost of $150.00 in June and $100.00 in December. On motion by Council- man Libby, seconded by Councilman Fulton to approve the expenditure for both conventions. Councilman Caldwell amended the motion to only the June convention in the amount of $150.00, seconded by Councilman Fulton. The amended motion was approved by the Council with Councilwoman Doyle voting no. The amended original motion was approved by the Council with Council- woman Doyle and Councilman Fulton voting no. Councilwoman Doyle stated that the invitation from the Consulting firm of Sleavin and Kors should not be recognized by the Council in that the Council does not accept favors and that a letter should be written to them by the City Clerk informing them in a polite manner that the invitation is not May 13, 1974 Page Five acceptable to the Council. Councilwoman Doyle also stated that it,was improper for the firm of Sleavin and Hors to extend the invitation and that it would be improper for the Council to accept. On a pole of the Council members by Councilwoman Doyle as to their feeling on this the following was noted. Councilman Caldwell, this is all right; Councilman Libby, this is all right; Councilman Geiger, it is improper; Councilman Fulton, each person should make their own decision and the Mayor stated that in his opinion this is all right. Councilwoman Doyle moved that the Clerk write a letter to the firm informing them in a polite manner that this invitation is not acceptable to the Council, seconded by Councilman Geiger. On the vote Councilwoman Doyle voted yes, balance of Council voting no. Motion lost. Councilwoman Doyle asked the attorney when he is going to answer her question of April 4, 1974 as to what zoning is in effect in the City. Attorney stated that he had answered her question. Councilwoman Doyle stated thatthis answer was not complete. Also informed Council of the piece meal development along Bethel Avenue and also that the Council was amiss in their acceptance of negative declarations along Bethel Avenue when in her opinion the,�,declarations should have been major declarations. Councilman Caldwell reported of meeting with the Merchants Association on the proposed parking maps and recieved some suggestions from them relative to changing the traffic flow in the area West of Sidney and North of the business houses. Council will consider suggestions and a study session will be set up. Councilman Fulton requested that the Clerk write the other municipalities that are in the area for the Coordinating Committee for the Department of Social and Health Services and find out who the technical representatives are in order that a meeting could be set up. Councilman Fulton moved and Councilman Caldwell seconded that the bills be allowed and that Voucher #10062 through Voucher #10145 be paid and that the April payroll expenditures in the amount of $23,921.87 and the bills in the amount of $20,382.00 be paid. Councilwoman Doyle moved that Voucher #10068 in the amount of $4300.00 payable to James Griffith be deleted from the regular bills and be treated as a seperate item, seconded by Councilman Caldwell. On the question Council approved the amendment to the original motion. On the amended original motion Council approved the bills with the deletion of Voucher #10068. On motion by Councilman Caldwell, seconded by Councilwoman Doyle and carried Council approved the payment of Voucher #10068 in the amount of $4300.00 to James Griffith. Council adjourned at 12:50 AM on motion by Councilman Libby, seconded by Councilman Fulton and carried.