06/10/1974 - Regular - MinutesPort orchard, Washington
June 10, 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, Roos and Geiger. Councilman
William Van Zee excused on account of illness. Also present
Engineer Knobbs, Chief Dow and Weatherill and Attorney Gary
Sexton.
Councilman Caldwell moved that the minutes of May 27, 1974 meeting
be approved as circulated. Motion seconded by Councilman Roos.
Councilwoman Doyle moved to amend the motion by including the
definition by the attorney of a open storage yard, and that Mr. Darbro
had asked any consideration by the Council, Strick the word "any"
in the eleventh line, paragraph four,page one and change that
portion of line seven, paragraph seven page four after the word
completion "is expected" instead of "will". Mayor Powers called for
a second and receiving none declared the motion lost. On the question
the original motion approved by Council and carried with Councilwoman
Doyle voting no.
On motion by Councilman Caldwell, seconded by Councilman Libby and
carried Council approved the request of the Pastor and members of the
Baptist Church at 2308 Sidney Avenue to install a mobile home for the
Pastor to reside until such times as a parsonage is built with the
following restrictions: (1) remove the tongue (2) remove the wheels
(3) secure the building to a permanent foundation. Also the Street
and Alley Committee will review the current ordinance relative to
modular homes.
Little Britches Rodeo Queen Lisa Hamilton and Princesses Wyn Roberts
and Sherryl Reddick informed the Council of the Rodeo on June 14-15-
16 at the County Fairground and that Port Orchard night would be
Saturday evening. Also gave Mayor passes for himself and three others
who will participate in a wild cow milking contest which will be held
at Sunday`s petfoxmance.
Chairman Caldwell of the Street and Alley Committee stated that the
committee had reviewed the bids for the reconstruction of Sidney
Avenue from 'Tremont to Division and moved that the bid of North Kitsap
Gravel in the amount of $73,089.72 plus $3,654.49 for a total of
$76,744.21, with the concrete sidewalks and curbs be accepted. Motion
seconded by Councilman Roos. Councilwoman Doyle stated the Council
should wait and look to see how this fits in with the budget, that
it was not reasonable with the budget and the Council should consider
priorities. Councilman Caldwell stated that the amount of arterial
funds in the 1974 budget is not enough to do the job and that shared
revenues are going to be used. Councilwomen Doyle stated she had data
on how the Cst]r'ls ]pudget compared with the Washington State averages.
Councilman Fulton called for a point of order stating the Council
would not have put out a call for the bids if the feeling.to go
ahead was not reasonable. Mayor called for the vote and Council
approved the acceptance of North Kitsap Gravel bid for the reconstruc-
tion of Sidney. Councilwoman Doyle voting no.
Mr. William Monteith stated that he and others within the City have
been ticketed recently for leaving their cars unattended by leaving
the keys in the ignition. Stated that this law is enforced on public
streets and not on parking lots. Also that other business firms,
Black Hall, United Parcel Service and Taxicabs are not ticketed for
this offense. Also stated that it is discriminatory. Mayor referred
this problem to the Police Committee for review and action.
Mr. Jan Armstrong, new managerfor the Marina introduced himself and
stated that the Marina and himself would do everything possible
to cooperate with the City. It was also stated that the Parking lot
being prepared by the Marina may not be in any condition to support
June 10, 1974
Page Two
the Carnival as proposed at the last meeting by the Council because of
the unstable condition of the soil. Street Committee, the City Engineer
and Mr. Sherm Coulon (Fathoms of Fun) will meet on this problem.
Mr. Frank Haberlack, 109 Seattle Street, asked the Council to assist the
property owners in his area by opening portions of Seattle Street and
blacktopping or something to keep the dust and dirt under control. He
was informed that if the property owners in that area would come up with
funds to open the street the City could possibly cooperate with black -
topping or grading. Matter referred to Street and Alley Committee.
Matter of contents of letter received by the City from SAFECO, informing
City that Mr. Richard Schultheis, 619 Division Street has been appointed
to represent the City in the case against the City by Mr. Wayne Darbro
had been submitted to the Council members prior to the meeting and was
not read by the Clerk at this time. Councilwoman Doyle made reference
to the sentence "For your own best interests, as well as ours, please do
not discuss the facts of this accident with anyone except the represent-
atives of our company or your attorney." Stating that this is in effect
"gag ruling" and that it is the duty of the Council to represent the
people. Attorney Sexton stated that once you enter the legal area you
are discussing public funds and this is not in the normal business of
the Council. This is a cautionary factor and a lawyer in this situation
is always cautious. Councilwoman Doyle stated the Council should be
looking at what they can do for our community, and that it was publicly
stated that the Council or City was not liable. The possibility of a
drainage L.I.D. or placing a levy on the ballot to raise funds to do
the job was also discussed.
Claim for damages against the City from Pacific Northwest Bell in the
amount of $98.85 for damage to them by digging out a 600 pair buried
cable on April 3, 1974 was rejected and referred to City's Insurance
carrier on motion by Councilman Caldwell, seconded by Councilman Fulton
and carried.
Clerk read letter from Sundt-Faron Insurance Company informing Council
that the City is covered by their company from May 28, 1974 thru May 28,
1977. Councilwoman Doyle asked the Council to reconsider awarding the
contract to the highest bidder, also that the specifications were changed
without giving the low bidder a chance to bid. Also stated that the
Clerk was notified of the expiration of the old policy and Council was
not notified by the Clerk who approved the binder being placed awaiting
the bid call. No one other than the Clerk reviewed the specifications
for the bid, and that there was no Committee review. Council made a
wrong decision and should now get a binder until a re -call of bids
could be completed. Perhaps a better rate could be realized which would
fit into the budget. Councilwoman Doyle moved and Councilman Libby
seconded a motion to not sign the policy agreement and get limited time
coverage perhaps three months and study the specifications and insurance
coverage the City needs. Councilwoman Doyle stated that she thinks the
awarding was illegal. There was no authority to write the specifications
and that no one reviewed them. Council was responsible to the people
and should review the program in detail. Also stated that her proposal
is reasonable to get interim coverage and review in detail before calling
for bids. On the question Councilwoman Doyle voted yes, balance of
Council voting no.
On the agreement for the purchase of water from the City of Bremerton
Councilwoman Doyle stated that the City should not commit itself for the
minimum gallonage and that a formula based on cost and other appropriate
factors should be included within the contract as to how increases in
rates would be computed.
The application for a Shorelines Management Substantial Development
Permit for a First State Bank building at West Bay Shopping Center at
June 10, 1974 Page Three
the site of the old Union gas station submitted by the Chairman of the
Board Robert Toland was reviewed by the Council. The Notice of Appli-
cation has been published as required and the thirty days waiting per-
iod hag expired and there has been no objections filed with the City
Clerk. Council reviewed the Evaluation and Declaration of Environ-
mental Significance and determined that there would be insignificant
environmental impact upon the area. On motion by Councilman Roos,
seconded by Councilman Libby and carried Council approved the issuance
of Shorelines Management Substantial Development Permit Number 8.
and that the environmental impact be classed as insignificant.
Clerk read letter from Douglas M. Garland, State Farm Insurance Company
requesting approval to place a 5' x 7' sign on the east side of Bethel
Avenue 35 feet from the centerline of Bethel Avenue. Engineer stated
that the sign would be on state right -a -way and recommended that the
request not be granted. Stated that M. Herdman at the same address had
placed his sign back of the right -a -way line. Councilman Caldwell
moved to concur with the recommendation of the engineer. Councilwoman
Doyle seconded the motion carried by the Council.
On motion by Councilman Geiger, seconded by Coucilman Caldwell and
carried Council approved the acceptance of $800.00 as final and full
settlement in the suit filed by Mr. Robert Green. A.I.A. against the
City of Port Orchard and Port Orchard Development Company. Council-
woman Doyle abstained from voting as she was not familiar with the case.
Clerk read letter from Department of Social and Health Services informing
Council that the request for a extension on the filing of the acceptance
for the grants on the 2 MG Reservoir and the Transmission Main Intertie
with Bremerton and been granted to expire June 14, 1974. Mayor Rowers
read to the Council the recommended plan of the City Staff on the subject
of procedure to be followed relative to the financing of the above pro-
jects. The recommendations are as follows:
Based on our understanding of the Council waterworks study session
discussion on June 4th and an analysis of the fiscal implications
of the various courses of action presented, we recommend the Council
adopt the following plan of action:
1. Pass the necessary ordinances to place a general obligation
bond issue on the September ballot for both the new low-level
reservoir and the transmission line from Bremerton.
Total Project Cost Estimate $921,000
Grant Offer, Referendum 27 256,496
Recommended Bond Issue Total $700,000
Approximate millage rate required 4 mils
Annual cost per $10,000 assesed valuation $40
Monthly cost per $10,000 assesed valuation $3.30
2. At the same time pass a resolution authorizing final design
of the Bremerton transmission line and go on record to the
public as proposing to finance this project by the use of
revenue bonds should the G.O. bond election fail. Execute
contract with KCM.
Total Project Cost Estimate $500,000
Grant Offer, Referendum 27 125,072
Recommended Revenue Bond Issue $400,000
Average monthly service charge increase
per household $2.75 to $3.30
3. Authorize the Mayor and Consultant, KCM, to file the grant
acceptance documents with the State by June 14th stating that
the City plans to accept both grant offers. The staff and
consultant will advise the State of the plan of action in one
and two above.
June 10, 1974 Page Four
4. Authorize the staff to prepare information to go to the
papers to inform the public of the need for the water
system improvements and implications of the two funding
methods.
Councilwoman Doyle requested that the Council consider the City budget
in detail before making any decisions on the two projects, also stated
that it was not feasable financially and that she had spent two weeks
studying the budget and had come to that conclusion also that,the
Council should appoint a Citizens Advisory Committee to assist in
making a decision as to what to do. Councilwoman Doyle stated that the
bonded indebtedness condition of the City is unsound and that she
questions the feasibility of prior bond issues and that the Council should
look at the budget. Also that shared revenues should not be used on
utility or street projects. Should delay the decision, and ask for another
extenstion from DSHS. Councilman Roos stated that if the need is here
we should take a firm stand. Mayor informed Councilwoman Doyle that
the Counil has been in the process of discussing water system improve-
ments for eight or ten years. Councilwoman Doyle stated that the Council
should not go for the $700,000 but should look at it to see where we are
and how much we need the improvement. After additional discussion on
the matter Councilman Fulton moved and Councilman Libby seconded and
carried that the plan as submitted be approved. Councilwoman Doyle
voting no.
Clerk presented the Contract from Kramer, Chin and Mayo for the design
and construction engineering on the Water Improvement Program to the
Council for their consideration. Councilman Caldwell moved that the
contract be approved and the Mayor be authorized to sign on behalf of
the City. Councilman Libby seconded the motion.`; Councilman Geiger
moved to amend the motion by adding "subject to the approval of the
attorney as to form". Amendment seconded by Councilman Caldwell.
Attorney stated that the contract is of standard form and that the
Council could sit down with the firm and attempt to negotiate whatever
itmes the Council would desire. On the question Council approved the
amendment to the original motion Council approved the amended motion
with Councilwoman Doyle and Councilman Roos voting no.
Councilman Geiger reported on the progress of the joint supervised recreation
plan. withthe.School andCounty.Also discussed his simplified agreement
which encompasses all that is in the agreement prepared by the School.
Councilwoman Doyle wants the Council to adopt both agreements. Council-
man Fulton moved to adopt the agreement as presented by Councilman
Geiger, seconded by Councilman Geiger. Councilwoman Doyle moved to amend
the motion to adopt both agreements. Seconded by Councilman Roos.
On the question, Councilwoman Doyle voted for the amendment, all other
Council members voting against amending. On the original motion
Council approved the adoption of the agreement as prepared by Council-
man Geiger.
Fire Chief reported four fire alarms since last meeting. Upon the re-
quest of the Fire Chief Council approved volunteer Dennis Perkins to
attend the Fire Firefighter Confernece in Yakima June 12-15 1974 and
the amount of $110.00 for expenses on motion by Councilman Roos, seconded
by Caldwell and carried.
Chief of Police reported that he would be out of the City for the balance
of this --week and all of next week. Received Council approval to deliver
warrant for the new police vehicle upon delivery.
Engineer Report:
1. Requested that sewer line of 8 inch diameter and 800 feet in
length be istalled along Sidney Avenue from South Street to Berry Street
before the reconstruction of Sidney. The cost would be about $5000.
On motion by Caldwell seconded by Councilman Geiger and carried Council
approved the request. Councilwoman Doyle voting no.
Councilwoman Doyle moved that those people which could be served by
the installation of the 8 inch sewer line be relieved of paying the ser-
vice charge until such time that they actually hook up to the main.
Seconded by Councilman Roos. On the question motion lost with Council-
woman Doyle and Councilman Roos voting yes.
June 10, 1974
Page Five
2. Informed Council that the outlet of the manhole relative to the
agreement with Annapolis Sewer District will be permantly sealed by July
1, 1974.
3. It is time to renew the permit for the sanitary fill. The fee
is $100.00. Engineer will meet with the Sewer Committee relative to the
permit and also to discuss new restrictions that have been imposed on
the City in the area of treatment inspections and testing.
Councilman Libby moved that the Council approve a request for approximately
$107.00 for re -insulating the drapes and cleaning the drapes in the Chief
of Police office and the Communication Room. Motion seconded by Council-
man Roos and carried with Councilman Geiger voting no.
Councilman Libby informed Council that in the past five years there has
been 514 burglar alarms sounded in the City of which only one was of a
bona fide nature. In the majority of the instances the fault was deter-
mined to be with the business owner in that there are no protective devices
installed and also no instruction to employees. Councilman Libby requested
that the Council approve a $25.00 penalty to be against the owner if proper
protective devises and whatever else is needed to stop the false alarms
which the Police Department has to investigate. Matter will be set over
until the next meeting and Council with Committee will study this problem
at the same time they study the complaint registered by Mr. Monteith.
Councilwoman Doyle moved to waive the fireworks permit fee of $10.00.
Seconded by Councilman Caldwell. It was suggested that a review of the
ordinance be made relative to this. On the question Council voted no
with the exception of Councilwoman Doyle who voted yes. Motion lost.
Councilwoman Doyle moved that the Council approve that the Park man mow
and clean the area on the South Side of Prospect Street where volunteers
had planted ornamental cherry trees as the area is in pretty bad shape.
Stated that this would not be any additional cost to the City. Motion
lost with the lack of a second.
Councilwoman Doyle reported that they expect to have the final hearing
on the Master Plan, under the Shorelines Act in August. Also reported
she had met with the representative of the Outdoor Recreation Agency aF
and discussed swimming pools and also got information relative to the
75% matching grants of that agency and also for grant in other areas.
Stated that there may be funding available for low priority items by this
December. Councilwoman Doyle stated that she will attend the AWC Convention.
Councilman Fulton asked to be excused from the June 24th meeting. Committee
will meet on the contract which is up for renewal July 1, 1974 with
Annapolis Sewer District. Permanent block shall be installed in the man-
hole and a meeting will be set up after the permanent plug is installed
and at that time the two entities will discuss rates.
On motion by Councilman Caldwell and seconded by Councilman Libby and
carried Council allowed the bills and that Vouchers #10145 thru #10214
be paid in the amount of $15,690.82 and that the May Payroll in the
amount of $37,744.79 be allowed.
On motion by Councilman Caldwell, seconded by Councilman Fulton and
carried Council adjourned at 12:50 a.m.
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