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05/27/1974 - Regular - MinutesPort Orchard, Washington May 27, 1974 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Council members present; Van Zee, Caldwell, Fulton, Libby, Doyle and Geiger. Councilman Roos excused while on vacation. Also present Engineer Knobbs and Attorney Walgren. Chiefs Weatherill and Dow excused. Councilman Caldwell moved that the minutes of May 13, 1974 be approved as circulated, motion seconded by Councilman Fulton. Motion amended on motion of Councilwoman Doyle and seconded by Councilman Fulton that there be added to paragraph 4, page one "that Mr. Clauson stated that he did not agree with the interpretation of the attorney relative to open storage yards" and also add "and check the definition of the �. attorney as open storage yards". Also paragraph 1, page 3 be amended to read "(a) higher density (b) insufficient access, and does not fit the requirements of the zoning ordinance". On question, Council approved the amendment to the original motion. On the amended orig- inal motion Council approved the amendments to the May 13, 1974 min- utes. Councilwoman Doyle also informed Council that the minutes were incomplete and written in a biased manner. Mr. Bruce Jarrett, 614 Taylor Street requested the Council to approve the placing of a mobile home on the west side of the Baptist church on Sidney for the pastor to live in, in order to curb vandalism which has reached new heights in the immediate past. Stated that when the area is converted to parking area in the future the mobile home will be moved. Engineer reported that in accordance with the Uniform Building Code any structure for dwelling purposes must be attached to a foundation. Mayor referred the request to the Street and Alley Committee. Mr. Wayne Darbro informed Council that he was more bitter, enraged, upset and dismayed of the lack of action by the Council and that he would drop the suit against the City tomorrow if the City would do something, also that it is anirresponsible act of refusing to discuss the situation. Stated several ways which in his opinion could de- crease the hazard created by the pond. Reminded the Council of their responsiblity to the citizens, that he and his friends will assist in any way possible to change the conditions that exist and that when constructive cooperation is started he will drop the case. Attorney Walgren stated that the Council would like to continue discussions on alternatives, but as the suit has been filed, the advice of any attorney would be to not discuss anything relative to the case, that if the attorneys for Mr. Darbro, the City and the insurance carrier could sit down and work out some basic ground rules and continue with discussions relative to the Radey Street pond. Tentative date for a meeting, either May 31, 1974 or June 3, 1974 after contact with Insur- ance carrier. Mr. Roy Johnson, Heritage Mobi h Home Park wanted to know if there had been a Special Use Permit issued to Mr. Clauson at the S & S Auto Rebuild on Sidney,StatOdthe operation has continued to grow and that the noise factor is present at late hours. Mrs. Lieseke remarked that the police check the place but that they fraternize with Mr. Clauson rather than attempt to curtail the objectionable activity. Attorney informed that the application for Special Use Permit has been given to Mr. Clauson but at this time not returned for processing. Attorney stated that the Council should set a time when the completed application must be in and if not,the City should bring action against Mr. Clauson. Councilman Fulton moved and Council- man Libby seconded that the City Attorney instigate an injunction against Mr. Clauson by reason of not being in compliance with the zoning ordinance. Motion carried by Council. Mr. Sherman Coulon, Fathoms of Fun, requested permission of the Coun- cil to allow a carnival within the City from June2% 1974 through July 7, 1974 in the new marina parking lot. Stated that there is no prob- lem with the business people and that they expect around 50,000 people May 27, 1974 Page Two to attend the affair. Councilman Caldwell moved and Councilman Geiger seconded that the carnival be allowed to set up in the new marina parking lot. Councilwoman Doyle moved to amend the motion to include "provided the timing fits with the marina schedule of blacktopping", seconded by Councilman Caldwell and carried. The amended original motion approved by the Council. Clerk informed Council of the companies which submitted bids on the City`s fire, liability and personal damage insurance for the next three years: Butler & Assoc. Insurance, P. O. Box 21, Port Orchard, Wa, in the amount of $11,470.00 and Sundt-Farron & Assoc., P.O. Box 7, Port Orchard, Wa, in the amount of $11,539.00. Mr. James A.Hubert of Chubb -Pacific Indemnity Group, the Insurance Company bidding for Sundt-Farron explained his policy in detail, setting forth the items covered in his policy that do not appear in other policies, namely that they insure � of the cities and 3/4 of the counties in the State of Oregon, and that they write exclusively for municipalities and their policy is a complete coverage policy. Attorney informed Council they should decide as the old policy will expire at noon Tuesday, May 28, 1974 and that it would take several weeks to call for new bids. Council asked Mr. Hubert if items could be deleted from the policy at a later date and Mr. Hubert stated that those items listed separat- ely could be deleted at the option of the Council. Some questions were asked relative to the $10,000.00 deductible, under the umbrella coverage and Mr. Hubert explained that the deductible does not apply to any covered item, and only if the claim is not a covered item, will the deductible come into effect. On motion by Councilman Geiger seconded by Councilman Fulton and carried, Council approved the basic liability plan in the amount of $10,387.00, the Fire, Extended Cover- age and V & MM in the amount of $1,152.00 and the $1,000,000.00 Umb- rella Liability Policy in the amount of $1,075.00 for the total annual amount of $12,614.00. Clerk read a letter from South Kitsap School District extending 100% support and cooperation from the High School Band and cooperation in other endeavors in which the City and the School District may meet. Councilman Fulton moved that a letter be written to the High School to make arrangements now for the bands to use the City streets for their marching practice and to meet with the Chief of Police to work out plans for the safety of the students that will be acceptable to the City. Seconded by Caldwell and carried. Mr. Bruce Jarrett, Chairman of the South Kitsap School District in- formed the Council that at their last meeting, the Board had a dis- cussion with the School Administration on cooperation with the City and that in the future there will be full cooperation. Councilwoman Doyle moved that a letter of commendation and appreciation be written and mailed to the South Kitsap High School in care of the bandmaster Mr. Moses. Seconded by Councilman Caldwell and carried. Councilwoman Doyle also requested that the Council approve letters be written to Mr. Wayne Williams and Mr. Ron Heuer, resigning members of the Planning Commission, thanking them for their service to the City and the Public. Clerk informed the Council of the one bid on the Adams grader in the amount of $1,200.00 plus tax. Engineer reported that this is a very good bid and recommended that the Council accept the bid. On motion by Councilman Caldwell, seconded by Councilman Van Zee and carried, the bid in the amount of $1,200.00 plus tax was awarded to Mr. Charles W. Sehmel, P. 0. Box 83, Vaughn, Washington, phone 884-2334. Clerk read letter of Mr. Ralph R. Garrison, 249 Tracy Ave. So. re- questing permission to park a travel trailer on his property. Coun- cil informed the City Engineer and the City Clerk that it was and is the intent of the Council to allow residents to park travel trailers and campers on their property as long as they are not used for a dwelling unit. May 27, 1974 Page Three Resolution #1130 adopting the Six Year Construction portion of the Six Year Comprehensive Street Program for the period 1974-1979 was approved on motion by Councilman Caldwell, seconded by Councilman Fulton and carried. Summons 461595 into Superior Court of the City by Wayne M. Darbro and Mary Darbro, his wife, claiming the City acted negligent and thereby causing the death of their son, Wayne Thomas Darbro by drowning, in the amount of $250,000.00 was rejected and referred to the City's Insur- ance Carrier on motion by Councilman Caldwell, seconded by Councilman Fulton and carried. Engineer reports: 1. Attended Regional Sewer Plan Seminar on May 17,1974 relative to submitting an estimate of the costs for the South Kitsap area for both transmission line and treatment facilities. As the County and the City of Bremerton cannot agree as to who will be the leading agency, the City of Port Orchard was re- quested to make the estimate. Engineer submitted estimate in the amount of $33 million dollars and stated the estimate was accepted by DOE. 2. Petitions for a possible Local Improvement District to be formed in the South Flower -Fireweed Road have been completed and referred to the residents of the area to be circulated. 3. Prior to the opening date and time of the Sidney Street re- construction it was found,lthat one of the items in the bid specifications was not in proper or understandable form. Amended specification for the item was prepared and at the time for the opening two bidders appeared and were informed of the modified specifications and they were equally agree- able to setting the new opening date to Friday May 31, 1974 at 3:00 PM. The two bidders that appeared were (1) Ace Paving Company and (2) North Kitsap Asphalt. 4. At the meeting with the Commissioners of the Annapolis Water District Wednesday, May 15, 1974, the indication was that at this time they would not like to join with the City on a water intertie, that their cost to produce and distribute water is 18� per 1000 gal. and that 274 would be out of the question. Also stated they did not want to permanently close the door to later consideration. 5. Stated that Mr. Dick Warren recommends the City to accept both grants at this time by letter only and prepare the re- quired forms at a later date. After Council discussion on the matter it was decided that a study session be set for 7:30 PM. June 4, 1974 to discuss referendum 27 grants. Councilwoman Doyle stated that since Bremerton has a vast water supply, more than enough to serve the entire area, they should share their water shed with others and asked if there was state machinery to assist in accomplishing this. Attorney Walgren stated that at this time there is no such machinery. 6. The drain tile to drain the property on Hull Street belonging to Mr. and Mrs. Bullion is approximately 90% completed. Councilman Geiger moved that the Washington State Legislature be requested to restore the observance of Memorial Day as is now being observed by all State entities on the thirtieth day of May as set forth by R.C.W. 1.16.050 and passed by the Legislature during the 1973 Session, to the Fourth Monday in May to conform with the Federal and school observance of the holiday, seconded by Council- man Caldwell and carried. Copy to be forwarded to Senator Gordon Walgren Councilman Geiger informed the Council of the negotiations with the Employees Union on the Union Contract and stated that they had come to agreement and moved that the Council adopt the Contract at this time. Motion seconded by Councilman Caldwell. No further action May 27, 1974 Page Four taken on the motion and second. Clerk instructed to prepare additional copies and forward to the members of the Council to review and action will be taken at the next meeting. Councilman Geiger reported his committee had met on the proposed contract between the City, the County and the School District and Nad consolidated the conditions into a simpler and more concise document and read this to the Council. Clerk will acquire a copy of the County agreement. Clerk will also send copies of Councilman Geige?s amended contract to all Council members. Councilman Van Zee reported that someone turned on the water at the Knights of Pythias cemetary without their knowledge and felt they should not be charged for the cost of the water. Mayor informed Councilman Van Zee that there will be no charge. Reported that progress has been made on the two shelters and that there is need for a pour of concrete at Central shelter as the dust and dirt is getting bad. Engineer stated that he would get to this as soon as possible. On motion by Councilman Van Zee, seconded by Councilman Geiger and carried,Council approved the purchase of a new lawn mower from Caldwell Trading Post in the amount of $145.00 plus sales tax. Councilman Libby asked if it was the policy of the City to send a representative to the annual AWC convention. Mayor informed Councilman Libby that there is no such policy but if one should de- sire to attend they should file out the registration form and con- tact the City Clerk. Councilwoman Doyle, stated that she dissociated herself from the Proclamation on the proclaiming by the Mayor that April 30, 1974 be a National Day of Humiliation,Fasting and Prayer. Also stated that the contents of proclamations should be made known to the Council before publishing. Reported that the progress is being made on the Master Plan for Shoreline Management, that they are meeting weekly and that completion will be by the end of June. Also that she has material available if any of the Councilmen would care to review. Councilwoman Doyle stated that the policy by which the City acts under is the responsibility of the Council and the Council should look closely to see that the policy represents the people in the best possible manner. Also that the Mayor and some appointed officials are establishing the present policy. Councilman Caldwell reported that the Case Backhoe is need of a major overhaul and that the estimate to bring the machine into top shape and also meet the safety requirements of OSHA would come to $4330.34. Also stated the Case as being dangerous for employees to work around. On motion by Councilman Caldwell, seconded by Councilman Van Zee and carried..Council approved that the overhaul be accomplished. Councilwoman Doyle not votingystating that she did not have sufficient time to consider the matter or to see how this expenditure fits into the budget. Councilman Fulton stated that at the June 4, 1974 meeting he would like to discuss the three year agreement with Annapolis Sewer District relative to the servicing of about 80 of their customers. Clerk will send copy of agreement to other members of the Council. Councilman Fulton also informed Council of the meeting with the City of Bremerton on May 29, 1974 on discussions of purchase of surplus water from them. Councilman Fulton reported that the Standing Committee appointed by the Mayor to review and recommend on the use of the vacated office for a lunchroom and lounge had decided that this should not have been assigned to the Council for action as this was an administrative decision and had the appearances of a inter -department row. Councilwoman Doyle stated that this should not be a lounge for only women but should be avaible to either sex. Mayor will resolve the inter -department row. May 27, 1974 Page Five Mayor Powers staed that he would be absent from the City from June 16, 1974 thru July 15, 1974 and that Mayor Pro Tempore Robert Geiger will preside. Councilwoman Doyle suggested that the Council express their appre- ciation to Jack Magnuson and Rose Mary Hulet for their service to the City. Council agreed and the Clerk will prepare the letters for the Mayors signature. On motion by Councilman Van Zee, seconded by Councilman Geiger, Council approved the passage of Ordinance #929 authorizing the City to enter into a inter -municipality agreement to transport and dispose of solid waste with the County of Kitsap, City of Bremerton, City of Winslow and the City of Poulsbo. Council adjourned at 11:45 P.M. on motion by Councilman Van Zee, seconded by Councilman Caldwell and carried. N-