06/12/1978 - Regular - MinutesPort Orchard, Washington
June 12, 1978
Council of the City of Port Orchard, Washington called to regular session
by Mayor Paul D. Powers, Jr. Council members present: Eugene Caldwell,
Lee Caldwell, Robert Geiger, Margaret Jane Miller and Leonard Clark.
Councilman Wilson excused. Also present: Attorney Riehl, Chief Mares,
Engineer Knobbs and Fire Chief Weatherill.
Mayor Powers led the Council and audience in the Pledge of Allegiance.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
the minutes of the May 22, 197,8 meeting as circulated.
Councilman Eugene Caldwell moved that Council appoint Alex Roos to fill
the vacancy created by the resignation of Councilman David Libby. Seconded
by Councilman Lee Caldwell.
Councilman Giiger moved that motion to appoint Alex Roos to vacant Council
position be ruled out of order. Seconded by Councilman Miller. Mayor
ruled original motion in order.
Original motion to appoint Alex Roos to Councilman position ##3 carried
with three ayes and two nos. Councilman Geiger and Miller voting no.
Mayor Powers administered oath of office to Alex Roos and seated him at
Council table.
Anita Sanford introduced 1978 Little Britches Royalty Court who invited
Mayor, Council members and citizens of Port Orchard to attend the 1978
Kitsap County Little Britches Rodeo, to be held June 16, 17 & 18th.
Members of Royalty Court described events to take place during the rodeo.
Carole Schreeve, Unions Representative, approached Council concerning
proposed salary increases. Ms. Schreeve stated that in the event the
City of Port Orchard has new monies available for salary increases, the
available funds should be divided unilaterally between all employees
covered under the bargaining unit according to Union Contract.
Councilman Geiger explained that no new funds are available and the
Finance Committee had given consideration to union employees but due to
the uncertainty of funds the Committee decided that ingrade salary changes
would only be made to the Police Officers at this time in order to bring
these salaries in .line with other law enforcement agencies in this area.
Mayor Powers stated that the budget at this time, does not allow monies
to increase all union employees salaries. Council will set aside any
.further action on ingrade increases for Port Orchard Police Officers.
Clarence Dahlke expressed concern over what he considers a dangerous
situation in the parking area on a new building site along the East side
of Bethel. Mayor Powers informed Mr. Dahlke that a bull rail and curb are
to be installed at this location, thus eliminating any potential danger
area. Mayor referred matter to the Street and Alley Committee to inves-
tigate to be sure that safety measures are taken.
At this time Mayor Powers opened Public Hearing on application as sub-
mitted by Louis Molzahn-Ryan Built Homes for rezone of property located
at 1866 Sidney, comprising 18.8 acres for the construction of a 238 unit
apartment complex from "RI-i" to "MF-20 and Green Belt". Clerk read proposed
conditions for approval of rezone as set forth by the City Engineer.
Leonard Kruse, representative of Ryan Built Homes, Inc. spoke to Council
concerning proposed conditions. Mr. Kruse stated that the developer is
agreeable with all conditions except two: Item ,#1, "The natural pond shall
be converted to a storm water retention pond with a volocity discharge
device. An oil seperator shall be incorporated and a security fence shall
surround the pond. Mr. Kruse informed Council that the developer had
planned to incorporate the existing pond into the landscaping scheme of
the property and would like the flexibility to decide whether the pond would
be an asset to the park area of the development or a danger to the occupants
of the development in which case the developer would be legally responsible
for the area and place a security fence around it. Item 42, Proposed side-
walk on West side of Sidney Avenue adjacent to Ryan-Molzahn property.
Mr. Kruse stated that at this time the developer does not feel this
requirement is realistic. The proposed sidewalk would not be attached
to any other existing sidewalk, would only be on one side of Sidney Avenue
which could cause problems with storm water drainage.
Councilman Eugene Caldwell moved that Council approve the application as
submitted by Ryan Built Homes, Inc. -Louis Molzahn for rezone from "RH" to
"MF--20" and "Green Belt", located at 1866 Sidney (an area comprising 18.8
acres to be used for the construction of a 238 apartment complex) with the
conditions as set forth by the Planning Commission and City Engineer.
Seconded by Councilman Miller.
LEGAL DESCRIPTION: That portion of the South half of
the Southwest quarter of Section 35, Township 24 North, Range
1. East, W.M. in Kitsap County, Washington, described as
follows:
Beginning at the Southwest corner of said Section 35;
thence along the South line of said Section 35, S 870
34114" E 883.99 ft. to the TRUE POINT OF BEGINNING:
thence N 00 5527" E 557.35 ft.; thence N 870 39'21"
W 220.00 ft.; thence N 00 55127" E 465.00 ft.; thence
S 870 39'21" E 437.79 ft.; thence S 00 5527" W
208.71.ft.; thence S 870 39'21" E 208.71 ft.; thence
N 00 55'27" E 248.52 ft. to the South margin of Poplar
Street; thence along said South margin S 870 39'21"
E219.65 ft.; thence S 00 55'27" W 364.73 ft.; thence
S 860 46'00" E 347.65 ft. to the Westerly margin of
Sidney Road; thence along said Westerly margin S 200
55' 43" W 431.05 ft.; thence N 700 37'09" W 227.68 ft.,-
thence S 200 55'43" W 370.00 ft. to a point on the
South line of said Section 35; thence along said South
line N 870 34'14" w 503.49 ft. to the true point of
beginning.
Councilman Geiger :roved to amend motion to state that Ryan-Molzahn do
not have to construct sidewalks at this time but in the event an'L.I.D.
is formed to construct sidewalks from their property to the Tremont inter-
section they will agree to participate. Seconded and carried.
Councilman Lee Caldwell moved to further amend motion to state that Item
#1 as set forth by the City Engineer concerning the fence surrounding the
pond shall be deleted. The developer will assume responsibility for
safety of the pond. Seconded and carried.
Original motion with two amendments seconded and carried.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved acceptance of final Environmental Impact Statement for Louis
Molzahn--Ryan Built Homes, Inc. property located at 1866 Sidney Avenue.
Mayor Powers declared rezone application approved, final environmental
Impact Statement for Louis Molzahn-Ryan .Built Homes, Inc. accepted and
public hearing closed.
Mayor Powers opened public meeting concerning reconsideration on request
as submitted by Jack Cyr for a Special Use Permit to construct a law
office in his existing structure at 712 Cline Avenue.
Jack Cyr informed Council that Kitsap County has acquired all the property
in the block bounded by Sidney, Division, Cline and Taylor Streets except
for a small portion on the corner of Cline Street and Taylor Street where
there now exists multiple family dwelling units; therefore, Mr. Cyr does
not feel that Council's reasons for denial of Special Use Permit as set
forth in the minutes of the May 22, 1978 meeting are justified.
Councilman Geiger moved that Council approve application for Special. Use
Permit as submitted by Jack Cyr, to allow a law office in his existing
structure at 712 Cline Avenue, with conditions and specifications as set
firth by Planning Commission. Seconded and carried with 6 yeas and one no.
Councilman Lee Caldwell voting no.
Mayor Powers declared recess with meeting to reconvene at 9:30 P.M.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved funds of $485.00 to send four firemen to the Washington Fire
Fighter School at Ocean Shores to be held June 20, 21 and 22, 1978.
Councilman Lee Caldwell, Chairman Street/Alley Committee requested Clerk
write a letter to owners of property adjacent to Perry Avenue to notify
them of a meeting to be held July 12, 1978, 7:30 P.M. at 216 Prospect,
City Hall to discuss one way traffic on Perry Avenue.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
removal of last parking meter on the east side of Sidney, North of Bay
Street, to create a "taxi stand" for the Blue -Gold Taxi Company.
On notion by Councilman .Lee Caldwell, seconded and carried, Council approved
the parking schedule requested by the Fathom's O' Fun Committee to facilitate
location of the carnival in the downtown parking lot and allow Less re-
stricted time on street parking during the Fathoms O' Fun, June 21 to
July 4, 1978.
On motion by Councilman Lee Caldwell., seconded and carried, Council approved
acceptance of the Perry Avenue Water Line Project, excluding amount of
funds filed in construction damage claims against Suburban Mechanical.
Engineer Knobbs reported to Council that the contractor for the Bremerton
Water lntertie telemetry system. Dyad Construction, has been informed
that unless the project is completed immediately, the City of Port Orchard
will invoke liquidated damages.
Pat McCullough, Entranco Engineers, informed Council that the Comprehensive
Water Plan will be ready Tuesday, June 13, 1978 and requested a meeting
with the Water/Sewer Committee. Mayor Powers instructed Engineer Knobbs
to set up the meeting.
Mayor Powers requested Clerk to contact Senator Magnuson affirming date
he would possibly be available for dedication ceremony of the One Million
Gallon Reservoir, an E.D.A. project.
On motion by Lee Caldwell, seconded and carried, Council rejected bid in
the amount of $1,180.00, submitted by C.K.Construction for removal of the
Kendall Street Water Tanks.
On motion by Councilman Geiger, seconded and carried, Council approved
amending Ordinance No. 907, Section 8, (7.08.12) to state: Redemption of
horse, cow, goat or other domestic animal. The owner of any horse, cow,
goat or other domestic animal may redeem it within seventy two hours fzom the
time of its impound by paying to the impounding authority a fee of five
dollars ($5.00) for each day or part thereof that the animal is detained
plus an impound fee of ten dollars ($10.00) which shall include care and
feed for the day impounded. An additional fee of ten dollars ($10.00)
shall be paid the impounding authority for transportation of larger animal
requiring the use of special equipment for impounding. Clerk to prepare
ordinance amending Ordinance No. 907 for approval at June 26 meeting.
On motion by Councilman Lee Caldwell., seconded and carried, Council approved
Ordinance No. 1056, an ordinance amending Port Orchard Municipal Code,
Section 2.08.01.0, Appointment and removal of the City Clerk, City Treasurer
City Attorney, City Engineer (Sept. o-f Public Works), Assistant City
Engineer and Fire Chief.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved Ordinance No. 1057, an Ordinance amending Ordinance No. 1048
establishing salary increases for department supervisors.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved Ordinance No. 1058, an ordinance amending Ordinance No. 694 by
adding a new section, (parking on Division and Cline Street).
On motion by Councilman Lee Caldwell, seconded and carried., Council
approved Ordinance No. 1059, an ordinance amending Ordinance No. 907,
defining animal ownership restrictions.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved Ordinance No. 1060, an ordinance amending City of Port Orchard
Zoning Ordinance No 899 by amending the zoning map thereof, reclassifying
certain property located at 1866 Sidney Avenue, Louis Molzahn-Ryan Built
Homes, Inc. owners of record, from "RH and Green Belt" to"Multi-family 20
and Green Belt".
LEGAL DESCRIPTION: That portion of the South half of
the Southwest quarter of Section �35, Townshi.p. 24 North, ` Ranee
1. East, W.M. in.Kitsap County,. Washington, described as
follows;
Beginning at the Southwest corner of'said Section 35;
thence along the South.line of said Section 35, 5 87°
34' 14" E 883.99 ft. to the TRUE POINT OF BEGINNING.
thence N 01 55'27" E 557.35 ft.; thence N 870 39121"
W 220.00 ft. thence N 00 55'27" E 465.00`ft ; thence
S 870 39'21" E 437.79 ft.; thence S 00 55'27 W
208.71_ft.; thence S 87° 39'21." E 208.71 ft.; thence
N 00 55127" E 248.52 ft. to the South margin of Poplar
Street; thence along said South margin S 870 39'21"
E219.65 ft.; thence S 00.55-27" W 364.73 ft. thence
S 860 46100" E 347.65 ft. to the Westerly margin of
Sidney Road; thence along said Westerly margin S 200
55' 43" W 431.05 ft.; thence N 70o 37'09" W 227.68 ft.;
thence S 200 55143" W 370.00 ft. to a point on the
South lane of said Section 35; thence along said South
line N 870 34'14" w 503.49 ft.. to the: true point of
beginning.
on motion by Councilman Lee Caldwell, seconded and carried, Council
authorized Clerk to draw up a resolution for acceptance at June 26 meeting
,placing a 2 year Levy on the primary election ballot September 19, 1978,
Purpose of Levy is to pay Port Orchard's share of salaries of the paramedics
working on the ambulances in, the Port Orchard area in the amount of
$21,313.00.
Clerk read letter from Mrs. Kay Doll, South Kitsap Senior Citizens
requesting ingress -egress condition be improved to the Active Club Bldg.
Mayor referred letter to the Parks Committee for their recommendation.
Mayor acknowledged letter from Mrs. Harlan Spore concerning pedestrian
safety on Mitchell in the High School vicinity. Mayor referred letter to
Street and Alley Committee to respond to Mrs. Spore's letter.
On motion by Councilman Geiger, seconded and carried, Council authorized
City assistance in providing parking for those riding the Hydrofoil during
the two week trial period the Hydrofoil will be running between Port
Orchard -Bremerton -Seattle.
On motion by Councilman Geiger, seconded and carried, Council requested
Clerk to write letters of appreciation to citizens who filed application for
Council position 3, vacated by resignation of Councilman David Libby.
On motion by Councilman Geiger, seconded and carried, Council authorized
City Clerk to contact City of Port Orchard's Insurance carrier, requesting
they make a proposal stating what liability coverage for City's first aid
personnel would cost.
On motion by Councilman Geiger, seconded and carried, Council approved
payment of the bills in the amount of $81,679.31 (vouchers #4567 through
#4675) and the May payroll in the amount of $46,129.08 (Vouchers #7579
through #7681).
Meeting adjourned at 11:05 P.M.
Clerk Mayor
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