05/10/1982 - Regular - MinutesPort Orchard, Washington
May 10, 1982
Council of the City of Port Orchard, Washington called to regular
session by Mayor Paul D. Powers, Jr. Council members present:
Childress, Wilson, Caldwell, Geiger, Miller, Grosso and Clark.
Also present: Attorney Riehl, Engineer Curles and Provisional
Police Chief MacPherson. Fire Chief Snow excused.
Mayor Powers led the Council and audience in the Pledge of Allegiance.
On motion by Councilman Caldwell, seconded and carried, Council
approved the minutes of the April 26, 1982 meeting and May 4, 1982
special. meeting as circulated.
Jerry Bruckart issued a special invitation to Mayor and Council
members to attend a meeting of the Downtown Merchants Association
May 17 at 7 P.M.. Guest speaker, Mr. Chuck Langlois, will speak
on changes and working together to promote Port Orchards economy
and beauty.
Sherry Barnhart, Executive Director of Awareness Express, Inc.,
requested Council support of their program, which has received
accreditation from the Department of Health an,d Social Services.
Mayor referred matter to Finance Committee for recommendation.
Mary Coe and Heck Heckel, representatives of Downtown Merchants
Association, requested Council reconsider the additional one-half
cent () sales tax which is to be effective July 1, 1982. Mr.
Coe and Mr. Heckel suggested changing effective date to October
1, 1982 when possibly City of Bremerton and Kitsap County would
have passed this tax also. Mayor Powers stated Council has
approved this tax ordinance and questioned if Council desired
to take action to amend the ordinance. No response from Council.
Citizen by name of John (last name and address unknown) questioned
constitutionality of ordinance relative to disturbing the peace.
City Attorney Riehl stated all City ordinances are subject to
review for constitutionality and legality periodically. In his
opinion this ordinance is in conformity with state law, however,
he will review this and other criminal code related ordinances.
At this time Mayor Powers opened Public Hearing relative to
Application for Zone Reclassification as submitted by James Bryan
for his property located at 1660 Pottery Avenue. Request is for
reclassification from Residential -Low to Residential -High to allow
the construction of three (3) tri-plex apartments. .
Clerk read Planning Commission facts of finding and recommendation
for denial to Council.
Mayor Powers called for input from public at this time.
Jim Bryan, proponent, stated he was surprised by opposition to
his project because of multiple units existing in the area. He
further stated this a question of land management.
Lyle Boyd, Mark Lincoln, 1710 Pottery; Vern Bjorkheim, 344 Sunset
Lane; Ed Weir, Tremont Street; and Dave Simpson, Sunset Lane each
spoke and concurred that this project is not in the best interest
of area which is single-family residences. Mr. Bjorkheim stated
the closest multiple unit is 1{3 to 3{4 mile away from site locations.
On motion by Councilman Clark, seconded and carried, Council moved
to deny application for Zone Reclassification as submitted by James
Bryan for his property located at 1660 Pottery Avenue. (Legal
Description: Sec 34, Twp 24, R 1 E; BAAP WH IS 150 FT W OF THE SE
COR OF NE -I, SE'-.�; N 890 15' E 162.62; S 890 00' E 416 FT TO THE E
Lid OF SD NE -I, SE 4; S 00 23 ` W 100 FT; W1 50 FT; S 60 FT TO POB EXC.
E 30 FT FOR RD.)
Mayor Powers declared application denied and Hearing closed.
On motion by Councilman Grosso, seconded and carried, Council
moved to declare Fire Department's two Jet Axes surplus and
authorize the Fire Chief to dispose of it in the. best interest
of the City.
Councilman Grosso, Chairman Police/Fire/Safety Committee requested
padded chairs be purchased for jury and secretarial type chairs for
police and court office staff. Mayor referred matter to Finance
Committee.
Councilman Grosso reported new police car is in service and
requested Council action to declare 1977 Pontiac surplus.
On motion by Councilman Grosso, seconded and carried, Council
moved to declare 1977 Pontiac police car surplus.
Councilman Clark set date of dater/Sewer Committee meeting for
Thursday May 13, 1982 at 8:00 P.M.
On motion by Councilman Caldwell, seconded and carried, Council
approved budget revision relative to City Attorney. Revision
eliminates monthly limit on extra charges and retains $24,000.00
per year limit on charges.
On motion by Councilman Grosso, seconded and carried, moved to
deny acceptance of petition for annexation of property into the
City of Port Orchard as submitted by Lee Sebring (851 Mitchell).
Mayor Powers read statement from Department of Ecology requiring
the City to have financing set within four (4) months of date grant
funds are available or have its grant offer withdrawn and the grant
funds retained for the 1983 Project Priority List.
On motion by Councilman Grosso, seconded and carried, Council
moved that City initiate legal proceeding against State of
Washington and the Federal Government seeking relief from
Wastewater Treatment requirements. Kitsap County Sewer District
# 5 may be included if they desire.
On motion by Councilman Clark, seconded and carried, Council moved
to not submit an application to State of Washington, Department of
Ecology, for fifty per cent (50%) funding of Wastewater Treatment
Facility.
On motion by Councilman Caldwell, seconded and carried, Council
approved Resolution No. 1266 authorizing transfer of funds from
Water/Sewer Accumulative Reserve Fund to Water/Sewer Operating
Fund to reimburse expenses incurred for the Inflow and Infiltration
Study.
On motion by Councilman Grosso, seconded and carried, Council
approved request submitted by Dorothy L. Snider, President,
Caring and Sharing Foundation, seeking permission to utilize a
portion of Mitchell Road for the 2nd annual Kitsap County Special
Olympic Caring and Sharing Track Meet on May 22, 1982.
On motion by Councilman Caldwell, seconded and carried, Council
approved Claim for Damages submitted by Kevin E. Lea in the
amount of $48.36 for damage caused by City vehicle and authorize
payment to Mr. Lea.
On motion by Councilman Clark, seconded and carried, Council
denied proposed ordinance authorizing the licensing of temporary
activities by certain non-profit groups on public ways and areas.
(Proposed by Fathoms 0' Fun Committee,)
On motion by Councilman Caldwell, seconded and carried, Council
approved Ordinance No, 1200 amending Ordinance No. 1125 sub -section
2 by adding a new section "Unlawful Issuance of Dank Check" (Port
Orchard Municipal Code 9.16.050).
On motion by Councilman Caldwell, seconded and carried, Council
approved appointment of Darrell Trotter to the position of Police
Chief. Chief Trotter will be on board May 13, 1982.
Mayor Powers and Council members commended Provisional Chief
MacPherson for the duties he has performed as Acting Police Chief
during a difficult time.
On motion by Councilman Miller, seconded and carried, Council
authorized "summer water rates" allowing all customers 10,000
gallons of water per month for the basic rate of $6.50 per
month. Rates to be in effect June, July, August and September.
Clerk opened and read the following estimates received on the
Van Zee Tennis court fence.
1. E & H Construction $4,569.78 (net)
2. Viking Fence 4,600.00 (net)
3. US Steel 5,637.00 (net)
4. San Jose Steel 5,293.00 (net)
5. H & H 3,950.00 (net)
On motion by Councilman Caldwell, seconded and carried, Council
referred estimates to City Engineer and Finance Committee and
authorized then to accept lowest/best estimate.
On motion by Councilman Geiger, seconded and carried, Council
approved payment of the bills in the amount of $89,284.00
(Voucher Nos. 234 - 335) and the April payroll in the amount
of $87,741.54 (Warrant Nos. 1000320 - 100426).
Meeting adjourned at 9:30 P.M.
Jerk