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01/28/1974 - Regular - MinutesPort Orchard, Washington January 28, 1974 Council of the City of Port Orchard, Washington called to regular sess- ion by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell Doyle, Libby, Roos and Geiger. Councilman Van Zee excused because of illness. Also present, Attorney McCluskey, Engineer Knobbs, Chief Dow and Chief Weatherill. Fulton moved that the minutes of January 14, 1974 of the regular meeting be approved as circulated. Motion seconded by Caldwell. On the ques- tion, Doyle submitted a typewritten sheet with 32 items which in her mind were errors and/or ommissions in the minutes under question and requested that the corrections be made. Also indicated her concern as to the accuracy of Council minutes and stated that all names, places and other items should be correct. Members of the Council agreed to the accuracy of the actions taken but that the minutes should record the concensus of the Council opinion, but not in word-for-word detail. On the vote, the motion carried and was approved. Doyle, no. The following students from the South Kitsap High School attended the Student Government Day at the City Hall both in the day and at the Coun- cil meeting, in the following capacities: Kathy O'Niell Fire Chief Denise Recknagle Fire Marshall Kim Witt City Treasurer Jim Miller City Clerk Randy Nilson City Councilman Colleen Sidow City Councilman Steven Hagenburg City Councilman Bradley Moravec City Councilman Those representing the Councilmen sat the Council table and transacted City business along with their respective Councilman. Mayor Powers appointed the following to the City Library Board as Trus- tees: Barbara Lentz 1781 Sinclair View Herman Nelson 712 Sidney Jean Rice 2211 West Eugene Smith 818 Bay Muriel Welte 118 Bay Council unanimously confirmed the Mayor's appointments. Jean Rice read resolution submitted by the Friends of The Library, requesting that Federal Shared Revenues be set aside in the amount of $50,000.00 for new library construction and other services. Informed Council that the library has the largest increase in circulation in the County branches during the last year. Mrs. Irene Heninger, Director of the Kitsap Regional Library, reported to the Council of the possibility of locating the library in the vacant Department of Natural Resources building on mile hill and at this time a short lease is available but that further investigation is underway. Also, that there is a possibility of joining with the County in a levy and combining the public library with the proposed new law library. This is something new in this State and is being explored. Would like to know the feeling of the Council on the merging of the libraries and of the joint county -wide levy. It would be necessary that the cities hold an election separate from the unincorporated areas. Mayor will contact the Board of Commissioners as to the details. Mayor Powers opened the continued hearing on the petition for annexa- tion of approximately 42 acres of property located east and south of the intersection of SR 160 and the eastern City limits by Robert Gehring. Clerk informed Council that the petition was in order and that all property owners within the petition have signed their approval of annex- ing. Mr. Gehring showed Council a large map of the area and informed Council that he had made arrangements with those dissenting, and that they are satisfied. Police Chief reported that there are no problems January 28, 1974 Page Two as far as law enforcement is concerned, and the City Engineer stated that all short and long range drainage and other potential programs have been discussed with Mr. Gehring. On motion by Geiger, seconded by Caldwell and approved, Council approved the annexation and ordered the Clerk to prepare the ordinance to complete the annexation. Jim Kors, Sleavin-Kors, Consulting Engineers, reported that there are several uncompleted items which are required for the adoption of the Lowry Plan, (Zoning Ordinance) and that he would like to set a meeting with the Council to discuss all aspects of the plan, as to residential business, arterials, as well as density* Mayor set the date of Feb- ruary 13, 1974 at 7:30 P.M. in the Council Chambers. Planning Commiss- ion will be invited. Appointment of representatives to the South Kitsap Improvement Council as well as the annual dues in the amount of $8.00 continued until next meeting. Mayor Powers appointed Dr. Howard Minor as a member of the Port Orchard Shoreline Master Plan Citizen Advisory Committee. Above appointment on motion by Caldwell, seconded by Roos and carried. Councilman Doyle informed Mayor that she has been attending several meetings; (1) Kitsap County Housing, (2) Drainage Basin #15, (3) Trans- portation and County Citizen Advisory on Master Program for Shorelines and would like to continue as a representative of the City. On motion by Roos, seconded by Geiger and carried, Council approved that Doyle be a representative of the Citv on the Kitsap County Shoreline Master Program Citizen and Technical Advisory Committee. On motion by Caldwell, seconded by Fulton and carried, Council approved adoption of Ordinance No. 928, adopting the 1973 Edition of the Uniform Fire Code. On motion by Geiger, seconded by Fulton and carried, Council approved Resolution number 1128 authorizing the Clerk to appropriate revenues received in excess of anticipated budgeted estimates for the budget year 1973. Doyle opposed. Councilman Caldwell will convey to Mr. Ed McFate the desire of the Council to meet with the Fire District Commissioners at 7:30 P.M. Feb- ruary 5, 1974 relative to joint fire protection for the south end. Attorney McCluskey reported on telephone conversation with Mr. Skip Elsworth of the St. Paul Fire and Marine Insurance Company, 4545 15th N. E. Seattle, Wash. 98105, stating that a settlement will be made for the cost of the City repairing the broken sewer line in Port Orchard Blvd. Attorney stated that this should be accomplished within two weeks. Attorney also stated that he is not sure as to whether or not the firm of Walgren and Sexton could handle the U. S.District Court civil suit filed by Mr. Griffiths against the City Engineer and the City Police Chief. This would have to be discussed with the other members of the firm. There appeared to be three items of concern; (1) If the City would provide the defense, (2) Whether or not an extra charge would be made if City Attorney handles the case, and (3) If a judgement is granted who would pay the funds. Doyle suggested that attempts be made to settle out of Court. Dow and Knobbs insisted that the Council has no right to negotiate a settlement as this is the prerogative of them- selves. Fulton stated the Council must assume that the defendants will win the case at this time and then consider the payment of a judgement if necessary at a later date. On motion by Fulton, seconded by Caldwell and carried, Council approved the City to supply the defense of both the Chief of Police and the City Engineer. Doyle, no. Doyle moved to amend the motion to delete "defense for the charge of conspiracy". Motion to amend died for lack of a second. Clerk will contact City Insurance carrier as to any responsibility by them for this suit. Doyle moved that the City Attorney report immediately to the Council after filing the notice of appearance, seconded by Roos. On the question, Fulton Geiger, Libby and the Mayor, no. Motion lost. January 28, 1974 Page Three Engineer reports: 1. Reimbursement from Ford Motor Company for engine repair on packer not yet received. 2. Informed Council that the City will call for bids on the old grader. 3. A new relay has been ordered by Rice Electric for the marquee street lights. 4. On the suggestion to purchase an 8X28 mobile home from Les Helm in the amount of $1,600.00 for a watchman at the sanitary fill Council decided not to purchase at this time. Matter of location to park equipment and area for cleaning referred to Sanitation Committee for further study. Chief Dow and Engineer Knobbs expressed their appreciation to the Coun- cil for the approval of defense attorney in the forthcoming civil suit filed against them by Mr. James Griffiths. Chief reported that he had not received any word from the Duncan meter company relative to availability of parts for older type meters. Chief Weatherill requested permission to att.end a Fire Investigation School in Wenatchee, February 7 & 8, 1974. Registration is $40.00. On motion by Fulton, seconded by Roos and carried, Council approved the request. Geiger moved that the request of the Kitsap County Council on Alcoholism for $1,651.00 from the City for their contribution for 1974 be expended from liquor profits. Seconded by Doyle. Doyle moved that the original motion be amended to include $165.00 as requested by the Legal Aid Project of KCAP for 1974. Seconded by Geiger, and carried. Original motion as amended, approved by Council on motion by Geiger, seconded by Doyle and carried. Considerable discussion was held relative to parking for yard workers and local shoppers and of the decrease in spaces by the construction of the parking area, of the removal equipment for the trees and shrubs as well as area for pile driving, etc. Council was informed that for about one month the outer parking area will not be available for park- ing. The parking area under construction will probably be completed by March 1, 1974 but will not be blacktopped at this time. Doyle sugg- ested using Prospect Street for angle parking on north side with one lane traffic going east. Caldwell reported that there may be a possib- ility of using the parking area at the Catholic Church and with the use of a shuttle bus to ferry area. Matter referred to Street Committee to investigate and report. Libby reported that the Police Committee had met and are in the final draft of a taxi -cab amended ordinance. Also that there are several items that appear needing to be done: (1) Carpeting in police depart- ment is badly in need of professional cleaning and Committee recommend- ed this be done at a cost of $98.42. (2) Drapes need to be cleaned or removed and mylar shades be installed. Chief will investigate and re- port on this. (3) Leak in Chief's office, Engineer will inspect. (4) All the inside of the department should be painted as the interior is in deplorable condition. Item (1), professional cleaning of the car- pets approved by Council on motion by Geiger, seconded by Fulton and carried. Balance of the items (2), (4) referred to Finance Committee. Also, Council was informed that a new vacuum cleaner is needed as the old one is completely shot. Finance committee will also investigate and report. Libby stated that the typewriter for the police clerk is old and not performing and that a new one is desired. Will discuss this with the Clerk as to the used typewriters replaced by the two new IBM's. Doyle stated that citizens imput is of a high priority and should be solicited and recognized by the Clerk and Engineer's offices. Also, that complaints of Health and Sanitation should be handled in a better manner; that a study is needed relative to traffic congestion at Sidney and Post Office; that there should be a general review of drainage and water problems in area of building projects. This should be reviewed January 28, 1974 Page Four by both the Planning Commission and Council. Also informed Council of the City crews installing sewer line on private property, of chang- ing the course of a stream and of expending public monies for private enterprises. Mr. Knobbs passed out maps of the entire project and informed the Council of the exact facts to the complete satisfaction of the majority of the Council. On motion by Roos, seconded by Caldwell and carried, Council approved the traffic parking map as prepared and circulated by the engineer. Doyle, Libby and Fulton voted no. Tie broken by the Mayor's yea vote. Fulton stated that the parking area should be policed as the yard work- ers are pre-empting the parking places of the patrons of the merchants. Also that the merchants had not been contacted as to the parking limit time changes. Meeting adjourned at 12:02 A.M. on motion by Geiger, seconded by Cald- well and carried. Clerk '-� Mayor The most important corrections and additions to be made to minutes of January 28, 1974. Page 2 Kors meeting ADD at no cost or obligation 1 to City Copy of Resolution 1128 to be attached to 2 minutes Att'n McCluskey : stated civil suit on conspir- 3 acy of individuals was not under his duties as City Attorney nor part of his contract with City. Les Knobbs and Gale Dow said specifically they 4 would deny all charges. Fulton said that the matter of disposition of 5 judgement was reserved. Pages 3, 4 Mrs. Doyle reported on input from citizens: 1. Health and sanitation complaints should 6 be handled better by City; 2. Right-hand turn only sign by Post Office 7 onto Sidney from East parking would fac- ilitate traffic flow; Mrs. Doyle also asked for a general review of 8 drainage and water problems. She questioned the drainage work being done by City crews at 9 the Del Guzzi project and adjoining church property on Bethel Avenue. Page 1 Friends of the Library resolution to be attach- 10 ed to minutes. Muriel Welte : ADD Friends of the Library ask- 11 ed for allocation of Federal Revenue Sharing funds now, as distinct from a possible County bond issue in the future.