06/27/1983 - Regular - MinutesPort Orchard, Washington
June 27 3 .l 983
Council of the City of Port Orchard,`Washington, called to order
by mayor Lee Caldwell. Council members present: 'C`laus'on, Wilson,
Childress, Geiger, Miller, Grosso and -Clark '
nd Clark: Also present:
Attorney Sells, Police Chief Trotter, Engineer Curles and Eire
Chief Snow.
Councilman Childress led the Council and audience in the'`Pledge of
Allegiance.
On motion by Councilman Childress, seconded and carried, Council';
approved the minutes of the June 13, 1983 meeting as circulated with
the following corrections
1. Page 3, paragraph 4, line 3, should readthere will be some time
expended on the Haynes case.
2. Page 1, paragraph. 5, line 1, spelling on name should be`Powell
Mayor Caldwell administered.Oath of Police Officer to Michael O'Malley
and welcomed him aboard.
Pay Jones requested Council authorize closing one (1) lane 6f
Bay Street on Sunday, September llth or 18th.to allow fun run to
flow through Port Orchard. The fun run will commence at the USS
Missouri and end in Manchester.Mayor referred Natter to Police
Department and Safety Committee'.for recommendation.
Dick Fulton questioned status of his request `for 'the 'creation of
a handicap parking area in the.<700 Block of Sidney.
On motion by Councilman 'Wilson,`seconded and carried, Council
authorized a handicap parking zone to be located in `the yellow
zone north of the crosswalk in the 700 Block of Sidney in the
vicinity of Bethany.LutheranChurch.
Mervin Schmidh requested permission to operate a cab company within
the City limits. Mr. Schmidt was advised, Council permission is.not
required, and he should contact the. Clerk, for an application.
Police Chief Trotter announced State Highway'Department has
authorized closure of Bay Street the first ;Sunday of August as
requested to allow "Western Days" events..
Fire Chief Snow reported work on Publi.c.Safety.Building Grant is
progressing as anticipated.
On motion by Councilman.Miller, seconded and carried, Council moved
to reconsider motion to approve minutes of',7une 13, 1983 meeting to
include the following,add tions-arid corrections:
1. Page 2, paragraph 2, line 2 application...for additiona1'funds-'in,
.amount of two million two hundred eighty four thousand dollars
($2,284,000) for the."Port Orchard Bypass...
2. Page 2, paragraph 3, 'line 3,: should read for funds in amount,
of three million seven<hundred sixty one`thousand`dollars
($3,761,000) for Wastewater:Treatment'Plant.
3. Page 3, paragraph 7, should read:"On''request of Richard Fulton,
Councilman Geiger moved to`create'a handicap parking area in'°
the 700 Block of Sidney in the''bicinity of Bethany"Lutheran
Church, seconded and carried.' Street/Alley 'Committee to
determine specific location oU handicap`' parking `space.
4. Page 3, paragraph 3, should read. .naming the Mitchell Avenue
bridge "William J. "Bill" Nelson Viaduct", after. his grandfather
on the 100th anniversary of;the'birthdate of this`roadbuilder
who supervised constructi.on.of::`this viaduct.
Playor Caldwell opened Public 'Hearing relative to petition for
Vacation of a portion of._Morton„Street as submitted by Richard L.
Peterson.
Mayor Caldwell called for public input at this -time. Richard L.
Peterson, petitioner, stated Council approval:"of'`'this `Vacation
would enlarge his existing;lot..creating a more desireable building
lot.
After much discussion as to possibility of.'future'`City'use of this
property Council held matter; over, to July;-ll , 198.3meeting to allow
further study.
Mayor Caldwell declared hearing recessed to`duly:11, 1983 meeting.`
On motion by Councilman Wilson, seconded and carried, Council
approved Resolution No. 1303 adopting the'six year Transportation
Improvement Program for the years of- °1984,'-``1990.
At 8:00 P.M. Clerk opened and read bids .received relative to pre
leveling specified City Streets installing protective membrane.and
asphalt overlay as per specificati.ons..;;Bids (with required bid
bonds) were submitted as follows:
Item # Service Fuel Ace Paving
#] C]ass B Asphalt 24,840.004,360.Q0
#2 Protective membrane 3,700.00 3,000.00
Net. Bid $28,540.00 $27,360.00
.
On motion by Councilman Childress," .seconded and carried, Council
accepted bids as received,.and`referred>them to City Engineer.and
Street/Alley Committee for:verif''ication of'conformance to specifi-
cations, granting Engineer and`Committee`authorization to award
bid.
On motion by Councilman Wilson, seconded and carried, Council approved
Resolution No. 1304 authorizing`the.City Treasurer to change
Federal Shared Revenue allocation for Suminer'Parks'Activity Program
as necessary with total budget'to"remain at -seven ' thousand dollars
($7,000.00).
Mayor Caldwell opened. public hearing relative to revocation of
zoning (Ordinance No. 1045) on property' located'at``13.15 West Street
owned by Elaine and Wallace Smith.` Proceedings have been initiated
'on a complaint filed relative to.non-conformance`of conditions set.,
forth in Ordinance No. 1045,;.
Clerk read Planning Commission Resolution .No.027-83 setting forth
facts of findings and conclusions relative"to request.for:rodification
of Ordinance No."1045 relative to zoning of property owned by Wallace
and Elaine Smith, 1315 West Street (Legal Description:.Block
3, Radeys Addition to Port Orchar..d°`as recorded in Volume 4,'`pace 68,
with the Kitsap County Auditor`s 'Office).
Arnold Norem, representing property owners, explained as presently
zoned (MF-20), the subject:property-could only be developed with the
construction of a six -unit`' apartment:and the existing single family
dwelling would have to be demolished. The"owners would like to sell
the single family, dwelling to gone` party and 'the`'back section of
property to another.- For this to 'transpire ;:they' are requesting the
rezone (Ordinance No. 1045) be'modified to reflect the following:..
The rear parcel retain F-2.0 zoning (plot:plan to include.a 4-
plex submitted to Planning ,Commission).and'`front parcel revert to
Residential High 'to ai,low `one single "family dwell ing.
On motion by Councilman.Grosso.,-sec.onded.:and carried,' Council approved
modification of Ordinance No':.'1045 as`requ=ested by Wallace "and Elaine
Smith. Planning Commission:Resolution No.. 027-83 attached which
reflectsfront parcel of property:`zoning as,%Residential High and rear
parcel of property as Multiple'Family 20 subject`tv'conditions set.
forth in Planning Commission Resolution No. 027-83.
Mayor Caldwell declared public hearing closed.
Michael McCormick reported on` progress of Community Block Grant'
and presented formula proposed for prioritizing applicants for
this funding.
Michael McCormick also reported:application for EconomicDevelop-
ment Assistance Grants relative 'to. Bypass and Wastewater Facilities
have been completed and submitted`to.EDA for consideration. Mr.
McCormick presented letter praising Linda'Rhoton,:City Fire Depart-
ment employee, for efficient and accurate.assistance which greatly
aided completion of grant.applications in,a'minimum of time.,
Mayor Caldwell declared recess with meeting. to reconvene at 9:00
P.M.
Mayor Caldwell opened Wastewater Facilities`" Project` construction'
management hearing, stating this project has reached the point at
.which the decision has to be made as to what concept of construction
management will be utilized, l.' A"construction management
firm, 2. Contracting with a`design'`firm for construction manage-
ment, 3. or use of City staff. Jim Gorman`, president of Construction
Northwest, outlined concept=and benefits'of`construction management
firm.
Marty Dirks, Kramer, Chin and Mayo, 'detailed benefits ofretaining
a design firm to continue through..const.ruction phase of project.
City Attorney cautioned all present 'the decision at..this point is
for concept of construction.management only, not what firm will be
retained.
Councilman Geiger moved to proceed;with'construction management
type of firm for construction,phase of Wastewater':Facilities Project,"
seconded and denied, with two ayes and five°nays. Councilman Clark.
Grosso, Clauson, Wilson and'Childress:voting nay.
Councilman Wilson moved to negotiate with Kramer, Chin and. 'Mayo
relative to management of the construction phase of the
Wastewater Facilities project,,seconded.
Councilman Geiger moved to amend motion :to further state, if.`"agree-
ment of construction management: contract cannot. be. reached,`other
alternatives will be considered,:.seconded''and'carried.
Original motion as amended carried,;w,ith six ayes and one nay.
Councilman Geiger voting nay.
On motion by Councilman Wilson,"seconded and carried, Council
rescinded appointment of JohnBruckart to.position on Civil Service
Commission, vacated by resignation of'John Clauson.
On motion by Councilman Wilson seconded and carried, Council
confirmed Mayor Caldwell's'appointment of .Bek Tyson to fill:
vacant position on Civil`Service"-Commission created bye'resignation
of John Clau.son. Term to expire `'Oecember,31, 1,938.
On motion by Councilman Clark,` seconded and carried, Council
confirmed Mayor Cal dwel 1 ` s 'appoi ntmerit •o f 'Sharon Pi c`i ni ch to
the Port Orchard Planning Comm:issfon 104fi17 vacancy created.
by resignation of Sam Taylor. Ms. Picinich`�term-to expire December
31, 1984.
On motion by Councilman'Clark,`"seconded and carried,Council approved `
payment of the bills in the amount of.$33,565.91 (Voucher Nos. 2125
2160) .
Meeting adjourned.at 1.0:35 P.
,r
ERK" MAYOR
Port Orchard, Washington
June 13, 1983
Council of the City of Port Orchard, Washington, called�to order
by Mayor Lee Caldwell. Council members present:Clauson, Wilson,
Geiger, Grosso and Miller. Councilmen Clark and::Childress.excused.
Mayor Caldwell led the" Council and audience."in'the'Pledge `of Allegiance.
On motion by Councilman Wilson, seconded and carried, Council
approved the minutes of 14ay,23,>1983 meeting as circulated..'
Mr. Edward S. Pearson, W. 281 Lake Isabella Loop, Shelton, WA,
requested that the Council approve that he occupy a travel trailer
for a period of ninety (90) days at 603 South Street while he builds
a new home on the property at 603 South. :'On motion by Councilman
Grosso, seconded and carried, Council approved the request with the
following conditions: (1) all assessments be paid prior to occupancy
and (2) that when trailer is no longer being used, water/sewer
connection is to be removed.
Mr. L.W.�Pau 011 Tacoma Street,' informed Council that cars are
parking in the driveway of his residence and that they ignore his
requests to move. 1,4atter.referred;to Police Chief.'
Dick Brown, Realtor, presented further information to Council on
the parking spaces at the new K Mart'`at the South Kitsap Mal1,
stating that they have more than 'is''required`by the City Ordinance.
Councilman Grosso moved to remove,';' from the table, ``motion made at
the May 23 1983 meeting accepting the proposal for parking sub-
mitted by K Dart. Seconded andcarried After' discussion on the
matter, Councilman Wilson moved to' amend the'motion°that` the parking
pattern shall. meet the require.ments'of`:the City Ordinance. Seconded
and carried. Original motion ,as .amended 'approved `on'motiaon by
Councilman Wilson, seconded'= and"carried.
Mr. Nobuo Kawasaki, 5750 Hillcrest,."Drive, has the one hour race
allain this year during the`Fathoms,'of'Fun. Mr. Kawasaki will
coordinate the traffic problems and other items with the Chief
of Police. On motion by Councilman Wilson, seconded and carried,
Council approved the running which will start at 1.0:00 A.M.''July 4,
1983.
Mr. Robert Maesner, president of L' Kab Enterprises, 1118 Navy Yard
Hwy., Bremerton, presented himself to the Council and informed them
that he was considering the purchase of the'Blue.and Gold Taxi Company.
.He stated that he was a little concerned about a new company coming
into the area when there is.not enough business for"both. The Council
informed the gentleman that the City could;:not issue`:.a franchise for
taxicabs, but neither would the Council do'anything'to jeopardise his
business as long as he runs a good.operation.
Meeting adjourned at 8:07 P.M...until:9:10`P.M..for 'executive session.
Councilman Wilson moved that the Council approve the Mayor to
appoint a Committee of the Council 'to"sit'on the hearing board "for
the protests of the residences with the U.L.:I.D. #1 w and:the Committee
shall set the hearing schedules beginning June 23, 1983 and continu-
ing until, all the protests have<been'completed. Seconded and carried
Mayor Caldwell appointed Councilmen James Wilson, Margaret Jane Miller
and Leonard Clark to the Special Committee. Representative from the
office of Roberts & Shefelman is to act as'Committee-'Counsel and
a representative from.the City Attorneys office to:act as moderator.
Hugh Spitzer, Roberts & Shefelman spoke to Council`as'to the conduct
of the hearings saying that those who"have filed shall be heard
and there will be no debate or questions"'and` answers.` The protester..
shall only present his case and no more.
An agent may represent the protester,1'but a'letter shall be
written to and filed with the City Clerk.priorto the hearing,
Pat McCullough, Entranco Engineers, presented to the Council an
application for additional funds for the Port Orchard By -Pass for
the Mayor's signature and a Right of Way affidavit:,for the signa-
ture of the City attorney.On motion by Councilman Grosso, seconded
and carried, Council, approved the Mayor ta,sign the application for
additional -funds.
Mike McCormick presented a grant application directed to the
Economic Development Administration under the Public Works Program
for funds for Wastewater Treatment Plant and=statement of assurances
for the signature of the; Mayor and on motion by Councilman Grosso,
seconded and carried, Council approved the 'Mayor`to`sign 'grant
application.
On motion by Councilman, Grosso, seconded and'.carried, Council
approved the Mayor to sign grant application for additional funds
from the Economic Development Administration under the Public Works
Program for the Port Orccard By -Pass, Phase,;:TT.
On motion by Councilman Wilson, seconded and carried, Council
approved the Mayor to sign an agreement between the County of
Kitsap and the City of Port Orchard by which the County will.
provide the engineering services to produce plans and specifics
tions so the City can put this project (By -Pass) -out to bid.
The service provided by the.County,will be cost plus';15p for over-
head and administration,` and the;,,,total'" cost to.` the` City will not
exceed $15,000.00 without';prior°;written app.roval,by`the,.City Council
Mr. James Gorman P.E. President:of Construc:tioneering N.,W."Inc.,
presented their services to 'the'Council`stating,that they had
just finished doing an inspection job on a' wastewater treatment
plant with Humphrey Contractors, Inc. and kept under 50 overrun
which is normal.
Paul Liao, Kramer, Chin & Mayo presented their. .pitch to'obtain the
inspections of the proposed wastewater plant.
On motion by Councilman Clauson,'` seconded:and carried, Council
approved the passage of Resolution'#1298 authorizing the transfer
of $978.00 from Shared Revenue'- Fire Department (Radio) to Shared
Revenue - Fire Department.(Rescue), for the purchase'of Vetter bags.
Councilman Clauson asked Councili.f something could be'done relative
to a burned residence at'270 Granat''Street, that all'appare.nt avenues
have been exhausted. Matter,`,referred to'City attorney.
Councilman Clauson advised the Council. that'Pay N Save Corp. owes
the City in burgular alarms,:$.800.00 dollars''=and they'want the City
to waive the penalties in an amount of $800.00. Council, on motion
by Clauson, seconded and carried, denied the request and instructed
the Clerk to send a bill to .Pay ',N, Save for` the full amount.'`'
On motion by Councilman Clauson, seconded and carried,` 'Council approv-
ed passage of Resolution #1299 authorizing a:,budget transfer :in the"
amount of $500.00 from Current Expense '-_Police Communications '(Repair)
to Current Expense Police Comzmunications`Capital Outlay for purchase
of typewriter.
Resolution #1300 regulating the operation of tow companies within
the City set over until a more favorable time.
On Motion by Councilman Wilson,"seconded''and carried, Council.`
approved the Shriners sign placed at'the`int.ersection`of SR-160
and Bethel.
r
Councilman Geiger informed the Council of.,the proposals for City
coverage as solicited by City's insurance broker, stating that
the coverage will be, $10,000 or more, less than `'the current cover-
age. On motion by Councilman Geiger, secondedand carried, Council
approved the City Clerk to inform the broker,<`to proceed with the
above liability coverage.
On motion by Councilman Geiger, seconded and carried, Council `
approved the request of Mr. Ed Anderson to have an Old 'T'ime,
Fiddlers program on Frederick Street (adjacent to Jordan's)'from
after the parade on the 25th of June and will'`last into the .late
afternoon. There are no conflicts with others :at this time. .. .
On motion by Councilman Grosso, seconded and carried, Council
approved the passage of Resolution #1302 naming the,Mi chell',
Avenue bridge "William J.. „Bill'.'. Nelson Viaduct"'
Attorney McCluskey informed Council that trials are beginning to
slow up and that due to the City's being named as dditional assur-�
'6 �A
ed there will be some time expended on that;=case�Fj'°:,.
On motion by Councilman Geiger, 'seconded and carried; Council
approved Resolution #1301 authorizing interfund transfer from
any unbudgeted funds in Current Expense Fund in'the.amount"of
$100.00 to Current Expense -Executive Miscellaneous (001.513.10.49)
and $300.00 to Current Expense --Executive Travel ;.(001.513,10.431
On motion by Councilman Geiger, seconded and carried,:Council
approved the date of June 27, 1983 at 7:30 P.M. for a hearing on
the request'of Mx. Richard Peterson, 117.Farragut, Port Orchard
for vacation of portion of Morton Street.
YI
On request of Mr. Richard Fulton to install handicap ,area 'in the
vicinity of Bethany Lutheran Church in`the 700 Block of Sidney,
Council referred matter to Street/Alley Co=aittee'as to regulations
on handicap spaces. Matter.will be complete at the next Council
meeting.
On the appointment of Bek Tyson to replace the vacancy of John.
Clauson on the Civil Service Commission, Mayor continued the
appointment until the next meeting i.n.order for'`the Mayor to
discuss the position with Ms.:Tyson.,
On motion by Councilman Geiger, seconded.and carried, Council
approved payment of the bills (Warrant No.02037-'02124) in
the amount of $69,204.87 and the May,::.payroll (Warrant No. 101790 -
101898) in the amount of $78,847.36.
Meeting
adjourned at 11:30 P.M.
df.17