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07/08/1974 - Regular - MinutesPort Orchard, Washington July 8, 1974 Council of the City of Port Orchard, Washington called to regular session by Mayor Pro Tempore Robert Geiger. Council members present: Fulton, Caldwell, Doyle, Libby, Van Zee and Roos. Mayor Powers on vacation. Also present: Attorney McCluskey, Chiefs' Dow and Weatherill and Engin- eer Knobbs. Minutes of meeting of June 24, 1974 approved as corrected with the changes as noted by Councilwoman Doyle on motion by Councilman Caldwell, secon- ded by Councilman Roos and carried. Councilman Van Zee made report on the Park Committees activities stating that the Committee would like to complete the proposed plan of the installation of the benches along the waterfront. Councilman Van Zee is to check with the City Treasurer asTthe available finances to con- tinue this project. Fulton Councilman reported on the Water and Sewer Committees activities stating that the City and Sewer District #5 had met and discussed the renewal of the three year sewer agreement whereby the City processes the sewer- age of about 80 residents. Sewer District 5, agreed to permanently seal the manhole and to the escalation clause in regard to future increases or decreases in rates. Councilman Futon moved that the agreement be approved for a period of three years, motion seconded by Councilman Roos. At the request of Councilwoman Doyle, Attorney McCluskey re- viewed the agreement and approved the document. Council approved the. motion and second. Clerk read letters of July 1, 1974 from the Department of Social and Health Services stating that the schedule is acceptable and that no fur- ther processing will be done until the G.O. Bond election on Septem- ber 10, 1974 and that they are anticipating the receipt of the approved letter from the Regional Water Supply Coordinating Committee. Council- man Fulton stated that a meeting was held at 7:30 PM July 3, 1974 with the Committee and that the two projects (transmission intertie and reservoir) for the City and the high pressure reservoir for Annapolis Water District had received approval from the Coordinating Committee. Councilwoman Doyle reported that she had submitted a minority opinion on this matter to the Department of Social and Health Service plus two letters written by her to the Editor of the Newspapers. A copy of this letter is being filed. Councilman Libby of the Police Committee reported that during the first 5 months of 1974 there has been 53 false alarms of which 12 were from one establishment and none because of forceable entry. After consider- able discussion Councilman Libby moved that a letter be written to the worst offenders (letter will be drafted by the Chief of Police and written by the Office of the Clerk) an that they will be reviewed with- in three months. Those with five or more false alarms will be consid- ered as the worst offenders. Motion seconded and carried. On the complaint of Mr. William Month that the police are discrimi- natly issuing citations to citizens F leave their keys in their vehicles, Councilman Libby mov d and Councilman Roos seconded that the Council go on record abidg.by the state law as adopted by the City and the City Orinances on these matters, and to enforce as the time and the manpower is available. Councilwoman Doyle moved to amend the motion to include "the law should be applied equally to every one" seconded and carried. Council approved the amended motion. Councilman Caldwell (Street Committee) reported that the Sidney project is partially completed. They have started on the sewer installation at South Street but that all could not be picked up as a strip of about 200 feet would be todhigh in elevation. On the request of Mr. & Mrs. Cumbo to place a mobile home on their one acre of ground on Sherman Street Councilman Caldwell reported that the Committee had inspected the mobile home at Hunts and it was determined that there is no way to secure the unit as is required by the building July 8, 1974 Page Two code a b,no'v,pd that the request for a Special Permit be disallowed as being n compliance of the City Ordinance, seconded by Councilman Fulton and carried. Councilman Caldwell moved that the full Council meet with the various mobile and modular home dealers in a study session to review and possibly amend the existing City Ordinance relative to mobile homes, also that the Planning Commission be invited. Seconded by Council- woman Doyle and carried. Street and Alley Committee will contact the dealers. Councilman Caldwell moved that the City call for bids on a #580 Case backhoe and that the call for bids include alternates of a trade in figure on the Cities Case #530 or bid without a trade figure. Second- ed and carried. On motion by Councilman Caldwell, seconded and carried Coucil approved the engineer to call for bids on the sale of the Cities Hansen Backhoe. The request for emergency supply of portable water by the convalesent homes on Pottery Avenue referred to the Fire Committee on motion by Council- woman Doyle, seconded and carried. The request of the Chairman of the Fire and Light Committee that the Fire Department be allowed to purchase 3 units (M�(air masks) for the approximate amount of $335. � each approved provi that the City Trea- surer verifies that there --'sufficient funds available,on motion by Councilman Roos, seconded and carried. &)A Ls Engine) reported that Mayer Built Homes, Inc., have applied for a buil- ding permit to start construction on their first 68 units on Sidney just south of the Baptist Church. roc k tiJ t0" Attorney informed Council that a injunction has been filed against Mr. Tom Clauson, 1971 Sidney, and that the hearing has been set for July 19, 1974. Attorney stated that after reviewing the contract with Puget Sound Power and Light relative to street lighting within the City, it appears to him that if the existing light fixture were of standard in stock item of the Company then the Company would be responsible for their service, matter referre o the Fire and Light Committee, %ngineer will acquire the infor- mation the Puget Sound Power and Light Company as to costs to change to standard item. It was noted that these light fixtures could be used in the Park areas. After considerable discussion on the agreement from the South Kitsap School District relating to the High School Band useing Mitchell Ave- nue to practice their drills, Councilman Fulton moved that the Council S6'9V'6 not sign the agreement but substitute a letter from the City stating that the School could use Mitchell for marching under the conditions set forth by the City and that the Insurapce carrier for the School shall notify the City that a hold harmless si*is attached and'a part of the Schools liability insurance holding the City harmless from any accidents which may occur while on Mitchell Avenue, motion seconded and carried with four yeas and two nays. Councilwoman Doyle stated that both sides should get together on this in order to be cooperative and that something could be worked out agreeable to both parties. Attorney McCluskey stated that he could see nothing that would obli- gate the City in the Resolution submitted by Mr. Claire Voss on be- half of the Kitsap County Housing Authority. Councilwoman Doyle moved that the Mayor be authorized to sign the resolution on behalf of the City. Motion seconded. Councilman Roos moved to table the motion pend- ing information on the Cit' s possible obligation relative to signing the resolution. Motion se ended and carried. Councilman Van Zee stated that the agreeemnt prepared by Councilman Geiger on the joint supervised recreation at Givens contained no cus- todial service and that something should be in the agreement. Also that the City d-oing to much work at the Acitve Building. Informed Council that DOZIot"Davis had stated that the agreement as presented would be finalized at the School Board meeting of July 15, 1974 after considerable discussion on the matter Councilman Roos moved that ar amendment be added to the existing agreement and that a letter be July 8, 1974 Page Three sent to the School Board requesting that custodial service be furnished by the School for the Active Building on a daily basis. Motion seconded and carried with one nay and five yeas. Councilwoman Doyle moved to table the motion and contact the School to discuss the agreement. Motion seconded. Motion lost with one yea and five nays. Mayor Pro Tempore Geiger at this time explained to the Cou�il the merits and the background of the Lowry Comprehensive Plan and Zoning. At this time Councilman Van Zee moved to adopt the Lowry Plan. Motion seconded. Mayor called a recess at this time for ten minutes. Council resumed meeting at 10:05 PM. City Engineer explained some of the aspects of the plan and how �},,�fects different types of area taking into consider- ation the topog,Rthe street system and the availability of water and sewer. After further discussion on the plan Council voted t-&-notr1dopt the plan with one yea and 5 n4ays. Councilman Van Zee moved that the Council set the date of September 1, 1974 as the date that the Council will either reject or adopt the Lowry Plan and have sessions as needed during this period to help come to this decision. Motion seconded. Motion lost with one yea and five nays. Councilman Roos moved that the City Planner from the City of Bremerton be brought in to study the plan and give an opinion to the Council with the date of Septemfer 1, 1974 as the goal for com- pletion. Motion lost for lack of a second. Councilman Fulton moved to initiate a study session next Monday, July 15, 1974 at 7:30 and each Monday until goal of adoption or rejection can be finalized. Motion seconded and carried. Matter of Business License continued. Councilman Roos stated he had received copies of Ordinances from the AWC. GC pp v Vey W&I ommissioner Mahan spoke to the Council on the matter of jointly hiring ,,Ja planner to work for both the City and the County and that the probable cost would be $10,000.00 to $15,000.00 per year. Informed the Council on the progress of the remodeling of the County Building. Also informed the Council of a couple problems they have and reque �he Council approve t e rise a 20 foot trailer as a temporary or about three hLW'VaMuncilman Caldwell moved that the County be allowed to use the trailer for a period of 90 das W to us �t existing awe betrr�m house for a perioVof 90 days to-1t - �. Motion seconded and carried. Commissioner Mahan also asked the City to con- sider the offer made by the County several months ago to purchase theok0K1rE ,41,0cC p�taylor Street--pEe as they are in need of additional parking space. Council informed Commissioner Mahan that they will study the offer and decide if it would be advantageous to either dispose of the property or keep it. The matter was referred to the Street and Alley Committee which will attempt to have aX recommendation by our next meeting. Commissioner Mahan discus qq. reifly the progress toward a public 1_ff,o r'AIek- R swimming pool whicY Vlsd�/� "l e ocated on approximately 47 acres of property adjacent to Retsil tome. The project is being sponsered by the South Kitsap Parks. There may a some State and/or Federal funds available and that a county plannwill be in contact with local municipalities. t a WIW+i Air -i- Councilman Roos asked Commissioner Mahan if the Regional Library (Port Orchard Branch) could be merged with the proposed new law library, as the existing facilities are not large enough to serve the public satisfactorly. Commissioner Mahan stated that. at I Councilman Caldwell stated that when the City has the streets seal coated this summer by the County the area on Seattle Street from Bay Street South would also be given a seal coat. Clerk read letter from Senator Walgren relative to bicycle routes. Councilwoman Doyle reported that she has a map of the County Plan showing the routes and also showzr.-, where the County routes would meet with the City limits and stated that this would be a good place to start in the preparation of the City bicycle routes. Also notified the members of the Council of the meeting at 7:30 PM in the Council Chambers on July 11, 1974 of the "Our Next Step" group and invited inte estgd members to attend.P&AC aV,4L w�� 6'� ufd<oft N4.41, v�; e�,' ad 0 r, �? u r� m r rsr n S4 k -� rj t r ,� r �r .� � n �� fL► -f YT S, Engineer Knobbs stated theat Mr. Reems, Park Shore Realty, representing July 8, 1974 Page Four Mr. & Mrs. Louis Molzhan, 1866 Sidney had not picked up the Environ- mental Guidelines for the preparation of a Impact Statement for their proposed developemnt. Councilman Roos moved that the project is of major significance and that the developer shall prepare the environ- mental impact statement. Motion seconded and carried. On motion by Councilman Caldwell and seconded Council approved the payment of the audit bill of SAFECO Insurance in the amount of $278.00. Councilman Fulton made reference to Ordinance #755 which sets the time and place for meeting and establishing Rules of Conduct for said meet- ing IaA fur h stated the Roberts Rules of Order, Revised shall govern the of the Council and moved to investigate the possibility of obtaining copies of Roberts Rules of Order for the Mayor and members of the Council andtothe r-heck the costs of the copies and if possible get paper backs. The Finance Committee will report back to the Council at the next meeting. Motion seconded and carried. Matter of property located between Lippert Drive and the North Line of Section 2-23-1E and running West from Sidney to the Hospital property of approximately 5 acres was discussed. This property had been rezoned from R-1 to Commercial in February of 1966 for the use of facilities which are hospital oriented. Mr. Herb Loop, Park Shore Realty, has a buyer for the property who wants to construct apartment houses. The existing Daly Zoning Ordinance will not allow multiple dwellings in a Commercial Zone. Matter referred to Finance Committee, Planning Commission and the attorney. Chairman Caldwell of the Street and AlleyF,1ommittee moved that the Quit Claim Deeds be sent to Mrs Marker and Mr.`Slezak, relative to o�taining title to the land owned by both gentlemen whick encompasses the 'Mct ea&t ag West eP-�ag y St� Also that the one to Mr. Marker be sent return receipt. The above action contingent upon approval of the deeds by the City attorney. Seconded. Chairman Caldwell again explained the drain- age project from Melcher Street north. Councilwoman Doyle asked that the matter of a Park and the effects of recreation be included in this project, Mayor stated that matter of parks and recreation is a bit pre- mature at this time. Mayor informed the Council of the possible assistance of the Sea Bees on the filling of the Radey pond. Engineer stated that with the limited funds available the ditch would probably be the�only action that could be accomplished this year. Motion carried. Chairman Libby, Police Committee, moved for the creation of a new posi- tion in the Police Department called Parkingj& Enforcement and Communi- cations Officer. This person wool& assist in the communications depart- ment handle the downtown i rkncr'iolations. a".-t—the —whale 4epa,-tffientr Stated that there Agavailable funds for the (?-eA of 1974 throughi the EEA program. Also would want to maintain the new position even though the City may have to pay the full salary after the end of 1974. Seconded. Councilman Fulton moved the motion be tabled and referred to the Finance Committee. Seconded and carried. Councilwoman Doyle moved to refer the application for zoning hearing dated January 10, 1973, for a zoning reclassification from Residential to Commercial General for the proposed use as Neighborhood Shopping Center, prepared by Mr. Dudley N. Perrine, P.O. Box 25, Port Orchards, Washington for 2� acreas located in the complex called Hi PoW to the City attorney for examination of possible misrepresentation e= the app- lication.h Seconded. Motion lost with five nays and one yea. On motion by Councilman Fulton, seconded and carried Council approved Resolution #1131 authorizing the Mayor to approve a chair person and members, to plan a program and to sign on behalf of the citizens and forward an application of the Citir desire and intent to participate in the American Revolution Becentennial. Councilwoman Doyle informed Council that a Federal representative on the Trident project will be present at the Kitsap County Courthouse at 1:30 PM July 10, 1974f0p_ Councilman Fulton moved the Council allow the bills and that Vouchers July 8, 1974 Page Five #10215 through Voucher #10301 in the amount of $24,495.72 be paid and that June payroll in the amount of $30,255.88 be allowed. Seconded. Councilman Roos stated that the bills for traffic control during the Fathoms of Fun Parade of 101 hours at the rate of $6.00 per hour should be paid by the Fathoms of Fun Parade. Mayor informed Councilman Roos that these questions had been raised before and that this is a community activity and that the City is responsible for the safety of its citizens, also this years costs were considerable less than in the past. Council- woman Doyle moved that the claims warrants to rei mi Mc�. e As1yance Travel Fund be held until itemized expenditure i bmittedlo% the Council for their review. Seconded. Motion lost with four nays and two yeas. On the original motion by Councilman Fulton to pay the bills Council approved the payment with five yeas and one nay. Meeting adjourned at 12:30 A.M. on motion by Councilman Fulton seconded and carried. CITY CLERK MAYOR Corrections to minutes o- 'uly 8, 1974 Add full identification of a person when first mentioneds Engineer Knobbs, Attorney MaCluskey, School Superintendent William Davis, County Co®issioner William Mahan, r and Slezak , William Reems Record Yea and Nay votes by councilmen. Middle of page 3: Commissioner Mahan's offer to city for services of planning department was that city should pay HALF the cost of a planner's salary. Housing asked for county was for office space only. Mahan stated that swWaing pool could possibly be located on 47 acres leased park land . Planning is by recreational consultant firm. On library, Mahan stated that sufficient space would be available. Bottom of page 3: Council approval was given for planning of bicycle routes by city park cotr dttee arid. corn:.',.: ;wo::, S,i _.'' _ Kitsap Park commission, and Our Next Step park committee. Bottom of page # 41 re application for rezoning by Dudley Perrin , asked for attorneys examination for misrepresentations and violation of city zoning ordinance. Page 5: re travel fund, asked for itemized expenditure statements Respectfully submitted s C,gaxine