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HomeMy WebLinkAbout01/01/1973 - Regular - MinutesPort Orchard, Washington December 26, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van Zee, Roos and Grable. Also present attorney McCluskey, Engineer Knobbs, Chief Dow and Weatherill. On motion by Caldwell, seconded by Fulton and carried, Council approved the minutes of December 10, 1973 as circulated. Clerk informed Council that the Notice of Application for Shorelines Management Substantial Permit on the application of the Port Orchard Yacht Club for the installation of additional moorage, clubhouse facil- ities and filling for parking area has been published as required and that the thirty days waiting period has expired and there having been no objections submitted to the Clerk, action can now be taken by the Council. At the work session on Thursday, December 13, 1973 at 7:30 P.M., full Council met with the Yacht Club representative and discussed all facets of the project, discussed the impact of the action upon the environment in both short and long range aspects,(if any) alternates, the liklihood of public controversy, and the impact relative to traffic and health conditions. It was agreed that there would be insignificant environmental impact and that a Negative Summary be prepared and the Application for a Shorelines Permit be granted. On motion by Caldwell seconded by Van Zee and carried, Council approved the Negative State- ment and the Application for a Substantial Shorelines Permit V . On motion by Fulton, seconded by Grable and carried, Council approved the reappointment by Mayor Powers of Russell Childers for another six years on the Planning Commission, which term will expire 12/31/79. On motion by Monteith, seconded by Van Zee and carried, Council declared the City at fault of physical damage to the Port Orchard Convalscent Center by the sanitation department in the amount of $53.00 and ordered the bill paid. Mayor and Engineer reported on the meeting with two representatives of the Ford Motor Company (Mr. Holtzman, West Coast Representative and Mr. C. W. Dean, Manager of the Northwest District) and that the Ford Motor Company would pay 3� the cost of overhauling the 1971 Ford Packer and Howe Motor Company would pay the other � in the approximate amount of $603. 00. Clerk read the letter of resignation of Councilman Grable by r.sson that Initiative #276 violates his constitutional rights. Resignation effect- ive December 31, 1973. Resignation accepted by the Council with regrets on motion by Van Zee, seconded by Caldwell and carried. Chairman Caldwell, Street and Alley Committee informed Council of three alternaitves to relieve the taxi -cab problem in relation to additional stands. In addition to the existing stand, add one across Sidney near the telephone booth, add one space at the dock parallel to the sound or add one space near the mail boxes north of the existing stand. It was suggested that the taxi -cab company might use the bus stops as there are only three stops during the day which could cause some�probelms. Dennis Eischens stated that this could probably work out fine. Council approved the method for at least a month on trial basis. Jerry Grosso, owner of property within the area approved by the County Boundary Review Board known as the Gehring Annexation File #46, stated that he had no objections to the annexation. Informed Council that there would be a premium charge on the water users by the Annapolis Water District if annexed and asked if the property of his mother, Mrs. Nelson is within the proposed area to be annexed. Clerk will check this. Mayor reminded those present that the City must either approve the en- tire area as approved by the Review Board or reject the area in its entirety. Mayor reported on the progress of the proposed regional sewerage treat- ment system and discussed the proposed agreement prepared by the County. December 26, 1973 Page Two Clerk will supply each Councilman with a copy of the proposed agreement. Chairman Geiger read the counter proposal from the Employees Union Local #2052, and Council set the date of January 7, 1974 at 7:30 P.M. for a negotiating meeting. Clerk will inform the union representative. Clerk will send copy of proposal to Councilmen. Chief Weatherill reported that the wheels and body for the new truck has arrived and that the vehicle will probably be in operation next month. There had been two alarms since the last meeting. Chief Dow reported that the new patrol officer has been registered for law enforcement training effective January 7, 1973. Also requested to order approximately 140 emblems for his department and that the men will repay the City. Permission approved on motion by Fulton, seconded by Grable and carried. Engineer report: 1. No answer from Bonding Company relative to sewer repair on Blvd. 2. Not as yet received a cost on a cardboard packer. 3. Recommended that Mayor appoint a contact person for EIS. Mayor appointed the City Clerk and the Council confirmed the appoint- ment. 4. Informed Council that sixteen small cities had been notified of the surplus grader and truck available. Call for bids will be held up until a reasonable time has elapsed. 5. Nick VanderStaay gave the City a used drafting table which was needed in the engineers draft room. City Attorney McCluskey reported to Council on the new law which becomes effective on January 1, 1975, which makes it mandatory that DIPs be placed in a registered hospital or a registered referral center or De- Tox facility. Stated that there was nothing in the act which would force the City to set up facilities. Stated that DIP is not a criminal viola- tion. Also informed Council that in the event of the annexation of the Gehring file, the responsibility to serve water and sewer customers still remains with the respective water or sewer district. Council discussed the taxi -cab business within the City and felt that review of the ordinance should be undertaken relative to rates and ins- pections. Attorney will review and report to Council. Chief of Police stated he would like to have a record of the number of cabs in operation as well as any changes during the operation. Due to complaints concerning the recycling project conducted by the High School students fronting the old county shed garage, broken glass and other items creating an unsightly view, the Clerk was asked to have the teacher in charge of the project appear at the January 14, 1974 meeting to discuss the problem. The Finance Committee will review the request from the Chairman of the Kitsap Counsil on Alcoholism and from the Director of KCAP for funds to assist in paying the cost of operations during 1974 and report to Council. Councilman Van Zee reported that there may be some volunteer help on the installation of the shelter at Central Playfield. Councilman Monteith accused abuse of public funds in the $95.00 expended for a small refrigerator to be used by the employees of the City in their lunchroom. It was brought out that the City by law is required to furnish facilities of this nature for employees and that the refrigerator is a necessity to preserve food. Also that because of the fuel crisis, many employees would not be able to drive to their home and would not be able to eat out. Councilman Monteith moved and Fulton seconded that Myron Freyd, Port Orchard attorney be retained by the City for the year 1974. On the question December 26, 1973 Page Three Monteith, Fulton, Roos and Geiger voted for the motion. Grable, Cald- well and Van Zee voting no. Motion lost in that Ordinance #919 states that a majority of not less than five members of the Council must con- cur in the appointment of either the City Clerk, City Treasurer or City Attorney. Mayor Powers appointed the firm of Walgren and Sexton as the City Attorneys for the year 1974. Council confirmed the appointment unanimously. Councilman Geiger moved that the fee for the attorney be $500.00 per month plus extra work. Seconded by Roos. On the question, Roos and 15� Geiger voted yea with Grable, Fbutton, Caldwell, Monteith and Van Zee nay. Motion lost. Councilman Caldwell moved that the retainer for the attorney be a flat $9,000.00 per year paid on a monthly schedule. Seconded by Grable. On the question, Geiger and Roos nay. Caldwell,- s-m, Monteith, Van Zee and Grable voted yea. Motion carried. Mrs. Maxine Doyle, Councilwoman elect, stated that the attitude of the Council was not good, in that on occasions the phrase "if you don't like this, sue the City" was used by several members of the City. Mayor Powers stated that this was not so and asked Mrs. Doyle to be specific as to who the several were. Meeting adjourned at 10:55 P.M. on motion by Grable, seconded by Cald- well and carried. �'�, Clerk /7 .. Mayor Port Orchard, Washington December 10, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present were: Fulton Caldwell, Geiger, Monteith, Van Zee, Roos and Grable. Also present Attorney McCluskey, Engineer Knobbs, Chiefs Dow and Weatherill. Minutes of November 26, 1973 meeting approved as circulated on motion by Fulton, seconded by Caldwell and carried. Mr. Sam Belcher, 1339 Garrison Street protested to the Council of the manner in which the City was treating him, relative to permission to construct a room above a carport at 303 South Street, stating that there has been no line of cummication with him and that the City Engin- eer has been giving him the runaround. He was instructed by the Engin- eer several times in the past that he needs to request a varience thru the Planning Commission to do the work. He was again informed of this by the Mayor. Bonnie Loop, Director of KCAP and Mrs. Mable Jane Hill, Coordinator of legal services for KCAP informed Council of the activities of the organization in their assistance to indigents in legal affairs and that they will be without funds as of September 30, 1974 and requested the Council to consider a contribution in the amount of'�_1'65_,00 for the last quarter of 1974. Wes Henry, Chairman of the Kitsap County Counsel on Alcoholism informed the Council of their Detox Center at 260 Second Street in Bremerton and of the success they have had. Also, that of the 13.Counties. in the State participating, Kitsap County has been selected to conduct a pilot program. They have an $ bed ward with a family type room for rap sess- ions. They have contacted the other municipal corporations within the County and are requesting contributions on a per capita basis from each to keep the program in existence through 1974. The request to the City of Port Orchard for the year 1974 is $1,651.00. Effective January 1, 1975, all DIPs will be either in a recognized Detox Center or in Harrison Hospital. Request referred to the Finance Committee for recommendation. Dennis Eischens, 903 Sidney, (Blue and Gold Cab Co.) requested the two parking places directly north of the intersection of Bay Street and the West side of Sidney Street be set aside for cab stands. Matter referred to Street Committee to review and report to Council. Clerk presented the application for a Shorelines Substantial Develop- ment Permit from the Port Orchard Yacht Club to the Council. Council set the date of Thursday, December 13, 1973 at 7:30 P.M. in the Council Chambers to review and study the application and the Environmental Assessment of the program. It appears that there is a significant im- pact upon the environment and a complete review should be undertaken. On motion by Caldwell, seconded by Geiger and carried, Council set the date of January 14, 1974 at 7:30 P.M. for a hearing on the petition for annexation of the property owned by Mr. Robert Gehring and others. Mr. Gehring will present a list of the property valuations to the Clerk. At this time it appears that there is not suffucient signers to reach the 75% minimum valuation for the petition method. Attorney McCluskey will review the agreement which appears to give Mr. Grosso free use of water on his property in perpetuity. On motion by Van Zee, seconded by Caldwell and carried, Council rejected the claim for damages of Mrs. Helen Stitt, 1949 Wheaton Way, Bremerton Washington in the amount of $100,000.00 for damages occured upon stumb- ling and falling at the corner of Bay and Sidney in front_ of Myhres Cafe. Mayor reported that a representative of the City should be named to serve on the Technical Committee for Trident Task Force and asked for a volunteer and there being none, continued the appointment until next Council meeting. December 10, 1973 Page Two Engineer reports: 1. Letter written to Chairman of Ford Motor Company Board brought results as he has a meeting with the head of the Consumer Credit Department this coming Friday at 9:00 A.M. 2. The fence at Tremont Park is completed. 3. New GMC id performing perfectly. 4. Word from representative of the Bonding company is that a settle- ment is in the offing within the near future on the sewer break on the Port Orchard Boulavard. 5. That during the four weeks trial program with the Brem-Air San- itary fill, the cost for 21 trips amounts to $309.60 which is somewhat less than using our own fill. 6. Poulsbo offered $300.00 for the 1954 Wayne sweeper and asked Council for approval to sell. On motion by Caldwell, seconded by Roos and carried, Council approved the sale for $300.00. 7. Requested approval to declare the 1946 Adams grader surplus and to call for bids to sell the grader at a minimum price of $1,500.00. Request approved on motion by Caldwell, seconded by Roos and carried. 8. Requested approval to declare the 1953 Chevrolet dump truck as surplus and to call for bids to sell the truck. Council approved the request, stating that the minimum price be $750.00, on motion by Caldwell, seconded by Grable and carried. Chief Weatherill reported that there were eight alarms last months of which four were false and occurred at the High School. Also that the party involved has been apprehended. Council held over the warrant in the amount of $1,119.97 which includes $1,076.26 representing the maintenance contract amount for service to the NCR 400 for the year 1974. Members of the Council seemed to feel the cost of the service contract far exceeds the actual cost to the City if we went to a pay and call basis. Clerk will contact represent- ative of NCR to get the per hour cost and allied items. Mrs. Maxine Doyle made several suggestions to the Council: 1. Post directions to City as well as to County offices throughout the City. 2. Post bus schedules in public places and also ferry schedules for the public. 3. Supply bicycle racks in various places. 4. Request that the State Highway Department correct the congestion occuring with the traffic at West Bay and that on approaching the light from the north on SR 160, there should be a right turn lane for those wanting to go east on Beach Drive. Engineer stated this was requested before but was refused. Will write another request on this to the Highway Department. 5. Construct bicycle trails throughout the City. Letter read from Mrs. Dorothy Stokes relative to the closure of the County access road at Nelson's Corner, stating that this is the best and most direct route to the County Seat. Clerk read the following bills: General Government, $3,520.71; Police $1,793.45; Fire, $1,021.57; Park, $444.97; Water, $3,722.85; Sewer, $429.14; Garbage, $789.85; Street, $3,138.03 and Revenue Sharing December 10, 1973 Page Three $11,267.25. On motion by Grable, seconded by Geiger and carried, Council approved the bills be allowed and that Vouchers #9630 to #9695 except #9637 be paid and that the November payroll in the amount of $24,598.45 be allowed. Meeting adjourned at 10:40 P.M. on motion by Grable, seconded by Caldwell and carried. Clerk - Mayor Port Orchard, Washington November 26, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Caldwell Fulton, Geiger, Monteith, Van Zee, Roos and Grable. Also present: Engineer Knobbs, Chief Dow and Attorney McCluskey. Minutes of November 12, 1973 meeting approved as circulated on motion by Caldwell, seconded by Grable and carried. Mrs. Irene Heninger, Director of the Kitsap Regional Library reported to the Council on the increase of Library users; 60% over last year, the crowded condition at this time of the Port Orchard Branch, the need for a new building probably around 6,000 square feet,the poss- ibility of a county -wide bond issue and the predictions of the inc- rease in population resulting from the Trident Program. Asked the Council to consider all these items and asked if the City would con- tribute to the regional system and how much toward new and larger facilities. She also stated that the proposed addition on the existing library to extend to the sidewalk would not be satisfactory. Council informed Mrs. Heninger that all the items mentioned would be considered. Mr. Evans, 1436 Dwight, informed Council of the drainage problem exist- ing from Mitchell Street, west along Dwight and then droppong off onto the Gehring property, and he was concerned that this may cause under- mining of the earth and create a landslide. Mr.Matthes, 1421-1405 Dwight Street presented letter to Council stating that natural veg- etation had been removed by Mr. Gehring and that this change in the natural drainage area may develop into a flood or slide during the wet weather. Mr. Gehring stated that he would put a proper barricade at the top of the cut on Dwight Street and would install a catch basin and a storm drain to control the drainage in accordance with the City Engineer's specifications. Mr. Matthes stated that he would be satis- fied with what Mr. Gehring plans to do. Mr. Gehring informed the Council that the Boundary Review Board will meet on November 29, 1973 to review his application for annexation to the City and would like to have a representative of the City present to answer any questions and to state the City's views on any of the prob- lems which may appear. He also stated that he would adjust the request back to the original 14 acres instead of the present request for about 43 acres if this would help. Mayor Powers will represent the City at the Boundary Review Meeting. Mayor informed Council of the letter from the County and Cities AFL- CIO Union stating that the 6% wage increase offer of the City was not acceptable and that they (Union) would like the Council to consider the other 7 requests that were conveyed to the Council at an earlier date. There will be a study session at 7:30 F.M. November 29th to dis- cuss the union proposals. There is a good possibility that any increase in salary above the 6% would mean a decrease in employees. Attorney McCluskey informed Council that they might consider adopting the State Ambulance Ordinance by reference rather than enter into one of our own and assume the responsibility of administration. Attorney will ob- tain copies and distribute them to the Council members, (Senate Bill 2375) . Attorney also informed Council that in order td withdraw from the District Court System it would be necessary to notify the Board of County Comm- issioners thirty days prior to February.l, 1974. Also, that the Mayor would appoint the Judge and that an ordinance must be passed providing for a municipal court. The Judge must either live or have his practice within the City. Stated that in comparing the number of cases being handled by Poulsbo and Winslow, it appears that the minimum salary range for a judge would be $500.00 per month. More cost figures will be pre- sented to Council. Engineer: 1. Reported that a letter has been written to Chairman of the Board of Ford Motor Company relative to the packer. November 26,1973 Page Tvao 2. Should consider updating our charges for tap fees in both water and sewer department. 3. Informed Council that he has a verbal agreement for an ease- ment if the Council desires to change the sewer lines in the area of the Annapolis Sewer District manhole. 4. Sewer extension on Pottery Blvd. nearly completed. 5. Water extension along Goldenrod completed and the Rice res- idence is now being served. 6. McCormack Fence Company has started installation of chain link fence along the north side of Tremont Park. Reported that the ground is exceptionally wet and soft. 7. Reported that the new GMC 1974 model has arrived. 8. At this time there has not been sufficient data collected to arrive at a cost comparison on the haul to Brem-Air Sanitary fill. Chief Dow informed Council he would be out of the City Wednesday thru Friday at a Chiefs Convention. Van Zee reported that Russ Noerenberg deserved a lot of credit on his efforts to help complete the shelter at Givens. Also he requests per- mission to order material for the counter to be installed at the shelter. Wants to install a mercury vapor light to deter vandalism at the Givens shelter. Suggested that the furnace at the Active Building be set to go on at 9:00 A.M. and off at 9:00 P.M. Engineer will check the costs of a cardboard compactor and other items connected to the potential sale of cardboard. Geiger suggested that the lights along the Blvd. be checked to see if we are being charged for power not used. Also that the Council should consider ways to cut the use of fuel, both furnace and gas within the City by 25%. Caldwell reported that a new automatic switch has been installed in Fire Hall #2. Fulton asked if the Council should seek public advice on how to allocate sharing funds. Clerk informed Council that is the desire of the Fed- eral Government and the law states that the Use Reports shall be pub- lished so the public can express their feelings on how the funds are being utilized. Van Zee reported that about $1,200.00 has been spent for a 181X22' open shelter to be placed at Central Recreation Park. Meeting adjourned at 9:45 P.M. on motion by Caldwell, seconded by Grable and carried. `�' Clerk �;� �` Mayor Port Orchard, Washington November 12, 1973 Council of the City of Port Orchard, Washington called to regular sess- ion by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell Geiger, Monteith, Van Zee, and Grable. Berg absent. Also present was Engineer Knobbs, Chief Dow and Chief Weatherill. Minutes of October 23, 1973 meeting corrected as follows: page two, second paragraph, corrected to read "Dudley Perrine, Attorney, appeared before Council to state that he resented implications in a news story in the Bremerton Sun in which Mrs. Maxine Doyle said that claims made in his application for rezoning on Bethel Avenue were false. He also informed the Council that he had paid the additional $25.00 on October 23, 1973 to make up the full $50.00 rezoning application fee". Correct- ed minutes approved as circulated on motion by Caldwell, seconded by Grable and carried. On motion by Caldwell, seconded by Grable and carried, Council accepted the letter of resignation from Lloyd Berg, Councilman with regrets. Lloyd Berg stated that he had changed his residency to Bremerton, and under the Revised Code of Washington he was required to resign. On motion by Monteith, seconded by Fulton and carried, Council accepted the resignation of Alex Roos as a member of the Port Orchard Planning Commission. At this time Mayor Powers administered the Oath of Office to Alex Roos who will serve as Councilman in the unexpired term of Lloyd Berg which will expire on January 8, 1974. On motion by Monteith, seconded by Caldwell and carried, Council, on the recommendation of the Planning Commission approved the request fora Special Use Permit by the First Baptist Church to construct additional buildings. At a meeting of the Council on October 23, 1973, Mrs. Maxine Doyle sub- mitted a letter to the Council relative to the procedures in the adopt- ing of the comprehensive plan, the reclassification of the Del Guzzi property near the Hi -Joy and the addition of the Daly Zoning Ordinance. Letter also stated that there were many violations of the zoning ordin- ance #899 which was passed on August 28, 1972. Mrs. Maxine Doyle asked that these questions be answered by the Council. Mayor Powers at this time read a letter which.was prepared by the City Attorney, the contents of which are as follows: On August 28, 1972, the City Council of the City of Port Orchard adopted the Leo Daly Associates proposed zoning ordinance #899 but with recommended amendments as proposed by the City Attorney, City Engineer and the City Planning Commission. These amendments were not in completed form and a hearing jointly with the City Council, Planning Commission, City Attorney and City Engineer was proposed for September 20 or 21, 1973 for the purpose of putting these amendments into final form. One of the recommended amendments was to provide for better notice requirements. The Leo Daly plan under Chapter 11-B-2 provided that a hearing on a petition for reclassification would be required to have the following notice: Notice of the time and place of the hearing shall be published once in a newspaper of general circulation within the city, and shall be posted at six places within the City. The recommended amendment provided for publication in the local newspaper at least ten days prior to the hearing and mailed notice to property owners within 300 feet at least ten days prior to the hearing. This amendment and all other amendments were not put into proper legal form and published until May 30, 1973. They do not become law until 5 days after publication. The emergency existed when the comprehensive plan prepared by Leo Daly Associates in 1966 was adopted by the City Council was tide fact that the City was without a comprehensive plan and one was needed as soon as possible. The only difference between passing on ordinance as an emergency and passing it as an ordinary ordinance pertains to the time when the ordinance becomes law. November 12, 1973 Page Two State law under RCW 35.63.100 states that: "A copy of the ordinance or resolution adopting or embodying such plan or any part thereof or any amendment thereto, duly certified as a true copy by the clerk of the municipality, shall be filed with the county auditor." The law does not state that it should be filed before the plan is approved by the City Council nor does it state when the plan must be filed after approval. It merely states that it shall be filed and it was filed. Sincerely, Terry McClsukey Mayor Powers then remarked on several items contained in a hand out pre- pared by Mrs. Doyle as part of her election campaign indicating that the Council conducted business in secrecy and of certain adverse claims con- cerning the operation of City government in the Bremerton Sun and in the Independent. Council instructed Clerk to inform those consulting firms desiring to meet with the Council that at this time the Council has retained all the services that are necessary, but that their letters will be placed on file and if at a later date additional services are needed, they will be contacted for interview. Mr. Clarence Dahlke, 751 Warner, informed Council of a new concept in traffic control, a circular system which has been used in other areas and informed Council that he had submitted the concept to the State Highway Department. Also that the State had informed him that another meeting would be set on the traffic pattern at the Bethel Y. Clerk read letter from KCAP relative to a Voluntary Action Center as a center point for recruitment, placement and follow up with volunteers. An application is being prepared for Federal Funds to operate the center and desired that the City or individuals complete the attached applica- tion for membership, which would assist as a supporting document in the request for funds. On motion by Van Zee, seconded by Geiger and carried Council approved the Mayor to complete the membership application on behalf of the City. Fulton opposed. There was considerable discussion on the City's stand on the annexation of the Gehring property as well as other properties for a total acreage of approximately 35 acres. Clerk read letter of Mr. Jerry Grosso which has been included, stating that they are opposed. Also that there is a permanent right to water (free) to this property stemming from an agree- ment made during World War Two. Also letter from Mr. Kimble requesting assurance that if his property is annexed, he would not be assessed for any utilities in the future. The original presentation to the Council by Mr. Gehring was for only his property of about 14 acres and the Boundary Review Board has included other properties in order to follow physical boundaries. There will be a Modification Hearing at 7:30 PM November 29, 1973 in Room 104, Kitsap County Administration Building. The above information will be considered by the members of the Council and a recommendation of procedure will be decided at the November 26th meeting. It was the consensus of the Council that future problems should be considered at this time rather than the immediate results.. Clerk informed Council that the Notice of Application for Shoreline Man- agement Substantial Permit on the application of Pacific Northwest Bell Telephone Company for the installation of submarine telephone cable under Sinclair Inlet has been published as required and that the thirty days waiting period has expired and that the Council should review the Envir- onmental Impact Statement and application and should either approve or deny the proposed action. From the information procured on the requested action, a Negative Declaration was prepared, taking into consideration the following points; (1) Alternation of Existing Natural and Social Conditions; (2) Unavoidable Adverse Environmental Effects; (3) Alternates to the Proposed Action; (4) Relationship Between Local Short Term Envi- ronmental Uses and the Maintenance and Enhancement of Long Term Product- ivity; (5) Irreversible and Irretreivable Commitments and (6) Liklihood of Public Controversy. After internal comment, it was determined that this project has an unsignificant environmental impact. Council considered the above points and agreed that the project has an insignificant environ- mental impact. On motion by Caldwell, seconded by Grable and carried, November 12, 1973 Page Three Council approved the Negative Declaration and the Application for Sub- stantial Permit No. 6. Clerk. read Negative Declaration which was prepared after the accumula- tion of all pertinent information on the proposed action of the addition to two existing concrete and block buildings and site improvements con- sisting of practice field, baseball field, track, tennis courts and additional parking area at the Cedar Heights Junior High School, located adjacent and West of Pottery Avenue and South of Lippert Drive. After applying the information to the above six points it was determined that the project has insignificant environmental impact. On motion by Fulton seconded by Grable and carried, Council approved the project as having insignificant environmental impact and ordered the Negative Declaration filed. Monteith opposed. On motion by Grable, seconded by Caldwell and carried, Council approved the project of Pacific Northwest Bell, to construct a single story pre- cast concrete building for a complex switching facilities called #2 ESS Equipment Building as being of insignificant environmental impact and ordered the Negative Declaration be filed. All pertinent information was acquired and the six points listed in the above paragraph was applied and it was determined that the project was of insignificant environmental impact. On motion by Caldwell, seconded by Grable and carried, Council approved the project of Pacific Northwest Bell to install 2,750 feet of buried telephone cable parallel to existing cable and within City water line as being insignificant environmental impact and ordered the Negative Declaration filed. All pertinent information had been acquired and when the above six points were applied, it was determined that the project was of insignificant environmental impact. Mayor Powers informed the Council that the County City Employees Union requested Council approval for the addition of uniform personnel into the Union. The above was approved on motion by Van Zee, seconded by Grable and carried. Attorney McCluskey reported that cities and towns under 5,000 in popula- tion could appoint a police judge other than an attorney. But when a population of 5,000 was reached it appeared that a change would have to be made and a attorney appointed. Also the appointment in either case shall be for four years. Attorney recommended that an attorney be appoint- ed if the City was going to drop from the present system. Council will have a study session after the Chief gathers all pertinent data to costs. Engineer reports: 1. Water main is in process of being lain easterly on Goldenrod to the westerly edge of West street extended. 2. Still in process of contacting the Bonding Company relative to the sewer repair on Pottery Avenue. Letter will be written this week. 3. Meeting will be set up with Mr. Kors-Sleavin for November 20, 1973 at 7:30 P.M. in the Council Chambers to discuss street plan. 4. Informed Council that the Fire Underwriters are preparing legis- lation to be presented at the next session that would eliminate fire zones and would place the responsibility in the local govern- ments. 5. Reported that Mr. Dick of Spot Realty was going to be at the Council meeting relative to by-passing the Planning Commission for a varience on Lot 11, Garden Grove. Recomeended to Council that a varience is necessary for setback purposes and that there is a drainage problem in this area. Council agreed that proper procedure would be to process this request through the Planning Commission. Chief Dow reported that he had been doing teletype service for the Navy Yard Police for the past year and that as there was very minor activity November 12, 1973 Page Four no charge was made to them. Beginning about April of this year, the activity has picked up and the City is processing a rather large amount of paper. Council, on motion by Geiger, seconded by Caldwell and carried approved the Chief to bill the Navy Yard Police for the processing at the rate of a flat monthly rate of $7.50 plus 45� per message retroactive to May 1973. Chief Weatherill reported that the body for the flat bed has arrived. The wheels are still in transit. Also the City has acquired a 2h ton 6 x 6 truck through the County CD, and that it will be used for a tanker truck. Would like approval to mount a 1,000 gallon tank. The tank will cost about $600.00 and installation will be about $500.00. The County will pay half of the cost, leaving about $550.00 for the City's share. Council approved the request on motion by Fulton, seconded by Van Zee and carried. Also Chief requested $20.00 for gas expenses for a trip to Fire Prevention Engineering College in Ellensberg on November 26, 27, 28 & 29. Request approved on motion by Fulton, seconded by Monteith and carried. On motion by Monteith, seconded by Caldwell and carried, Council approved all expenses for Mr. Bieber, building inspec- tor to attend the same seminar. Van Zee reported that the McCormick Fence Company will install a six foot chain link fence 11 gauge, from Tremont south to the southeasterly corner of Sodergren property thence west to the Workman property. Also that the shelter is being completed slowly with the last work being done by the park man and Russ Noerenberg. Reported that the Kiwanis would like to use the area formerly used by the Goodwill and Salvation Army sheds at Westbay by building a covered area to store papers. Engineer and Fire Chief will report at next meeting. It seems that Mr. Gans, Manager of Westbay ordered the Salvation Army and the Goodwill to move off the Westbay property. The property is owned by the City. Clerk will investigate this and if true a letter will be written to Mr. Gans. Caldwell reported that in a conversation with the owner of Pete's Gun Shop, the idea of raising the sidewalk was rejected. Indicated that possible yellow lines running from Penninsula Glass westerly around the corner would deter parking in the sidewalk area. Fulton reported that there has been no further contact with Sewer Dist. #5 or with the City of Bremerton relative to the purchase of water. On motion by Geiger, seconded by Monteith and carried, Engineer will start hauling refuse to the Brem-Air sanitary fill and will continue for a few weeks to compare costs. The per yard cost to the City for dumping has been set at $1.00 Clerk read the following bills: Current Expense, $3,571.42; Water, $6,159.46; Street, $2.087.57; Sewer, $921.81; Park, $399.84; and Garbage $410.13 for a total of $13.550.23. On motion by Fulton, seconded by Grable and carried, Council approved the bills be allowed and that Vouch- ers 9553 to 9629 be paid and that October payroll in the amount of $25,222.54 be allowed. Meeting adjourned at 11:25 P.M. on motion by Grable, seconded by Fulton and carried. �`" !� Clerk r. Mayor Port Orchard, Washington October 23, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers. Councilmen present: Fulton, Caldwell Geiger, Van Zee, Berg and Grable. Monteith absent because of illness. Also present, Chief Dow, Chief Weatherill, Engineer Knobbs and Attor- ney McCluskey. Since Clerk had to excuse himself because of an emergency, Mayor Powers appointed Councilman Geiger as acting Clerk. Minutes of October 9, 1973 meeting passed on motion by Fulton, seconded by Caldwell and carried. As there was some question to the wording of line 6, page 2 "discussed this subject with several firms" and as Councilman Monteith was excused, this matter will be considered at the meeting of November 12, 1973. Webelos Den Pack #526, Boy Scouts of America visited the Council meet- ing. Scout Scott Lincoln read letter to express the appreciation of the Webelos Den Pack #526 for the assistance and cooperation of the City during their community service work toward their citizenship awards. Acting Clerk read Ordinance #924 relative to the annexation of property located in Section 2, Township 23 North, Range 1 East belonging to Curtis Rice and Nels Roinas. Discussion after reading of Ordinance for hearing on annexation (Rice): Rice asked for rather specific review of water supply situation. Knobbs estimates 6" cast iron @ $5.00 per ft. to corner (Goldenrod) to be $1,900.00. Suggested Rice pay $760.00 for 2" line portion to corner, thence south 250' at his own expense, with meter at Goldenrod. Late comer charge on LID #57 may be $2.25 per front foot of his property. Hammond, Collier and Wade did not have the computations in time for the meeting. map fee is $250.00 It was agreed that the water supply matter be carried over for further determination. On motion by Caldwell, seconded by Grable and carried, Ordinance #924 an Ordinance relating to and providing for the annexation of territory to the City of Port Orchard adopted. Mr. Robert Gehring was present and reported on various aspects of prob- lems arising from his request to annex property to the Easterly city limits. He stated the Boundary Review Board would like to have included approximately 7 acres on the South side, owned by the Grosso family. Also, disposition of sewer and water mains and lines in the area to be annexed is of vital concern to the Boundary Review Board. Mr. Gehring further reiterated that the size of the annexation, as to whether it would include the properties to the South and East of the Gehring prop- erty must be determined as the inclusion would have bearing on the final determination of the Boundary Review Board. Mr. Russ Lombard, Manager of Annapolis Water District appeared before Council to state the willingness of the district to cooperate with the City in regard to disposition of water mains and lines in properties to be included in the proposed Gehring annexation. Mr. Ron Perkerwercz, representing Sewer District #5, was present to discuss disposition of mains and lines in properties to be included in the proposed Gehring annexation. After considerable discussion, Coun- cilman Geiger stated annexation lines should not be in conclict with utilities, and suggested that Committee meet with Engineer to iron out problems. It was agreed that the City would have a representative at the next meeting of the Boundary Review Board , 7:30 P.M. November 29 at the Court House. Acting Clerk read letter from Mr and Mrs Carl Witt, requesting that their property be annexed to the City as per the original request for annexation as submitted by Mr. Robert Gehring. Mrs. Witt also appeared to re -state their position. October 23, 1973 Page Two Arnold Norem appeared before Council regarding an application for a variance from the Uniform Fire Code. He was advised the matter would come before the Council at the next meeting, November 12, 1973. Dudley Perrine, Attorney, appeared before Council to state that he resented insinuations of Mrs. Maxine Doyle which appeared in a news el-o -?" article in the Bremerton Sun as to his character. He also clarified a portion of the news article concerning the fee charged by the City on the permit application for re -zone, and acknowledged he had paid the $50.00 fee as required by Ordinance. Letter read from Mrs. Maxine Doyle as follows: 19 October 73 To the City Council of Port Orchard, Greetings: I ask your consideration of the desirability of having a youth recreational facility developed on the recently cleared 5 acre tract on Bethel Avenue, and I am communicating this same proposal to the developer, Jack Del Guzzi. I believe that it would give the people a much more valuable benefit while keeping business in the downtown area. I think that young people would walk and ride bicycles to a youth center and swimming pool, which would be a more reasonable de- velopment between the bowling alley and the Catholic Church. The traffic congension could be minimized, while affording a positive approach to providing a better place for young people to grow up in a healthy atmosphere. Zoning reclassification from residential to commercial next to a church and with residences on each side seems erroneous. The violations of city zoning ordinance 899 which was passed on August 28, 1972, are many. The residents were not notified of the public hearing as is required by law, and this seems the most serious breach of trust with the people whose health, safety, welfare and best inter- ests are to be served. A single published notice in the Port Orchard Independent on February 14, 1973, was given for the planning commission to hold public hearing on February 20, although 10 days prior notice is required. The City Council acted to rezone on February 26, 1973, short of the minimum 10 days from hearing date. Z submit that these violations are counter to the spirit as well as the letter of the law and render the rezoning invalid and illegal. I would like to ask further what emergency existed when the com- prehensive plan prepared by Leo Daly Associates in 1966 was adopted as an emergency measure May 22, 1972. The Ordinance 895 declared that it was "necessary for immediate preservation of the public peace, health and safety of the citizens" and that it should take effect immediately after passage and publication. However, the minutes of the Council meeting do not mention any emergency, and I wonder if fire, flood, earthquake, epidemic, insurretion or riot prompted the need for immediate adoption of the comprehensive plan after six years. State law requires that a certified copy of the initial comprehensive plan be filed with the county auditor and the city clerk filed this one at 3:58 on February 26, 1973. Who is responsible for these violations and what is the procedure for remedying them? The zoning ordinance calls any violation a misdemeanor. The claims made in the application for rezoning are false and should properly be questioned in public hearing, such as that the premises were no longer fit for residential use and that no reasonable return or use could be secured under the residential zoning. I will appreciate the council's giving answers to all of these questions. Respectfully submitted, Maxine Doyle Mrs. Doyle addressed the Council concerning her letter and stated she wants to encourage real progress within the City of Port Orchard, and she regrets that the issues set forth in her letter have infiltrated into the field of her candidacy for the position of Council At Large. October 23, 1973 Page 'Three Mayor informed Mrs. Doyle that the Attorney will prepare an answer in regard to the charges made in her letter, and this will be forthcoming at the next Council meeting,November 12, 1973. He asked Mrs. Doyle to return at this time. Matter continued. Letter read from South Kitsap High School, Ross Powell, Vocational Counselor, thanking Mr. Knobbs for remembering their program in hiring a student for drafting and various engineering aide duties. Letter read from Sewer District No. 5 and a check for $50.57 enclosed for the amount they felt was due the city for sewerage that flowed through M H 25. On motion by Geiger, seconded by Grable and carried, Clerk ordered to return check to Sewer District #5. Mr. Ron Perkerewicz, Commissioner of Sewer District #5, members of the Council and Mayor discussed the problems and issues concerning plugging M. H. 25. Perkerewicz, on behalf of the Sewer District suggested that they remove temporary plug, install flow meter and have the City check it periodically. Mayor reiteriated the conditions as set forth in his letter to the Sewer District, that a permanent plug be installed in the line at M. H. 25. On motion by Caldwell, seconded by Grable and carried, Council rejected the claim for damages of Mr. Lincoln E. VanAlstine of 842 Prospect St. for damage to his house and for the cleaning and repairing the sewer line within his residence in the amount of $500.00. On motion by Geiger, seconded by Fulton and carried, Council approved and adopted Ordinance #923 levying an ad valorem tax in the amount of $116,302.00 for the year of 1974. On motion by Caldwell, seconded by Geiger and carried, Council approved the Mayor to sign the contract for establishing construction standards for right-of-way inprovement, compatible with the comprehensive zoning ordinance related to roadway, median, sidewalk, turning lanes, alley, parking strip, cul-de-sac and access road widths, etc., with Sleavin- Kors Inc. Engineer reports: 1. Reid -Middleton informed Engineer that they have found other sources for their fill material in the approximate amount of 15000 c. y. They may need another 5,000 c. y. and at that .time they will approach the council. 2. It appears that the County is in the process of preparing agree- ments for the inspection of the participating agencies relative to the Regional Sewer Plan. 3. Appraisal of the Taylor Street property continued. 4. Contacted building department of Bremerton and they have the same interpretation as the City on commercial glass installation although they agree that it could be improved by the exclusive use of safety glass. Recommended that when City adopts the 1973 Uniform Building Code, an addendum be added to accomplish the above. 5. Continuing battle with Ford Company relative to the Garbage Pack- er still not settled. Engineer will see that a letter is written to both the Contractor and the bonding company, and copies be forwarded to all applicable state and local agencies as well as the Home Office of the Ford Motor Company. 6. Material for the four picnic tables have been delivered to the vocational class, who will complete the project with the exception of painting, which will be done by the City. Also the class will either burn or carve into the wood, showing that the vocational class had put them together. 7. Painting on the water towers almost complete. October 23, 1973 Page Four Councilman Van Zee reported that the Committee and the Park Commission had met a few times. Clerk will obtain the necessary forms to file for water rights on the two springs on the newly purchased Tremont Park property. He asked the Council if with the little money left, the Park Committee could install some fencing at Tremont Park and also put side- walks on the south side of the Active Building. Council approved, provided the Park budget is not overspent. Councilman Van Zee informed Council of discussions with Mr. Calkins relative to a 150 feet by 167.11 feet of property adjoining the Gustin property previously purchased by the City on the South abutting Poplar Road and abutting existing Park property on the North and asked the Council for approval to negotiate for the purchase of this property. On motion by Caldwell, seconded by Grable, Council approved negotiations to obtain option and to report at the next meeting. Geiger asked Chief about the 2 hour limit on the meters and was informed that they are looking for tabs to put on the meters. Also, there are no extra meters and that new ones cost in the vicinity of $80.00. Also stated we need parts and components in order to repair the existing meters. Geiger also recommended that whenever a City street project is started signs should be erected to show costs and other items of importance for public information. Geiger read letter from the Union relative to meetings and also request- ing that the Council approve the inclusion of the patrol officers into the Union. Geiger stated that the time spent in negotiating salaries is wasted until the Committee can determine the status of both the revenues and the expenditures. Council will meet at 7:30 P.M. October 29, 1973 in the Council Chambers for a full budget discussion. On motion by Caldwell, seconded by Grable and carried, Council adjourned at 10:45 P.M. Clerk 7i'��` ./n �c!�� ,-,� Mayor Port Orchard, Washington October 9, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger Monteith, Van Zee, Berg and Grable. Also present: Attorney McCluskey, Chief Weatherill and Engineer Knobbs. Chief Dow excused. On motion by Grable, seconded by Caldwell and carried, Council approved the minutes of the September 24, 1973 meeting as circulated. Mr. Dick Brown, Spot Realty, representing Mr. Curtis Rice addressed the Council relative to water, and annexation of the Rice's property abutting the City on Ibb West Street extended. There was considerable discussion on the merits of a 6 inch line with hydrant and on a two inch line. It appears that there will not be any large amount of development in that area and that there is no desire of the residents to expend monies for a local improvement district. Council suggested that a meeting should be arranged by Mr. Brown to discuss the possibility of a 6 inch line with hydrant being installed to the existing City limits and then ex- tending to their property with a 2 inch line. On motion by Caldwell, seconded by Grable and carried, Council set the date of October 23. 1973 as the date for hearing on the annexation Of the property. Fulton opposed. Mr. Buck Gehring introduced Mr. Willard Coffer of 1413 Flower Street as a write in candidate for the Councilman -at -large position. Mr. Coffer gave a brief resume of his past employment and of his residency in the City for eight years and the reason for his not filing between July 30 and August 3, 1973 was that he considered himself under the Hatch Act because of his federal employment and that he was restricted from a public office. When he realized that there was no such restriction, he decided to try a write-in campaign. Mr. Gehring presented to the Council the plans for the business complex he proposes and explained how the final project will look. He also re- quested permission from the Council to excavate a test ditch extending from the top of his property on the west-oasterly to the bottom of the hill. The ditch will be about six (6) feet wide and ten (10) feet deep. Ile would like to start as soon as possible as he has a chance to use a large ditcher now being used on the Del Guzzi complex. Also, this ground sampling is necessary for the preparation of the environmental impact statement that the City requires. Mr. McGinnis of S & I Engineering also verified the need and informed Council that he has been retained to pre- pare the statement. The City Engineer reported that the area to be worked is not a habitat of animals and insects and that the ground cover- ing is of a poor grade of grass over sandy soil. Informed Council that there would be very minor effect on the environment and recommended that the request be allowed. Council discussed the information provided them and considered both the short and long range effect and came to the conclusion that this would be a negative declaration and that the environ- ment would not be materially effected and approved the request on motion by Berg, seconded by Grable and carried. Monteith opposed. Mr. Jim Kors of Sleavin and Kors, Engineers presented Council with a proposal for consideration on comprehensive road study. Council will hold a study session on October 18, 1973 at 7:30 P.M. in the Council Chambers. Clerk read letter from Reid -Middleton & Associates requesting the material needed for the marina parking area be given for no fee. This material will come from the sanitary land fill of the City. Engineer stated that under no conditions should the trucks which would haul the material use the Port Orchard Blvd. as the weight would without question break up the road. Material continued until the next Council meeting. On motion by Caldwell, seconded by Van Zee and carried, Council rejected claim submitted by Donald Ireland for damages and losses sustained on September 11, 1973 at 618 Kitsap Street by a sewer backup in the amount of $328.50 and referred the claim to the City's insurance carrier. October 9, 1973 Page Two Clerk read letter from Delta Consulting Firm requesting to meet with the Council and discuss the possibility of serving the City in the area of updating the zoning standards, an analysis of arterial needs and to prepare an updated maintenance and street improvement schedule. Council- man Monteith moved that the Clerk inform Delta that the City has met and discussed this subject with several firms in the past and that the City felt they are now in a position to choose the firm. Seconded by Fulton and carried. All members of the Council and the Mayor indicated to the Clerk that they and their wives will attend the AWC District meeting on October 16, 1973 at 6:30 P.M. at Myhre's Banquet Room. The deed to the Taylor Street property does not include any restrictions as to use or as to disposition. Clerk will check the minutes of 1951 and the Clerk and Engineer will arrange for an appraisal of the property. Engineer reported on the following: 1. Met with Captain Meyers, Bremerton Port Director and with the Engineers on the Marina project. Discussed the possibility of extending the sidewalk fronting the marina in several places and install benches. The port engineers will compute the cost and hope- fully the fraternal organizations of the City will contribute or buy a bench and have thier organization in,fortnatIonl on' the benches. 2. Reported that Mrs. Norwood had located twelve (12) off the road tires and asked the Park Committee where they should be placed. Committee will recommend. 3. Met with architect for Safeway company and inspected their plans. 4. The property at 1311 Sherman is going through foreclosure proceed- ings. This is the property which Mrs. Edwards complained about at the last meeting. 5. The Street and Alley Committee met and reviewed the bids for the reconstruction of Sidney and instructed the Clerk to notify the bidders that the bids are rejected and that a new call for bids on the same project would be forthcoming probably in February, 1974. Monteith informed the Council that in his opinion the building inspector is not interpreting the building code in the proper manner in the sectioDs -nex- taining to the installation of glass in commercial buildings. Engineer will check with other cities and report at the next meeting. Chief Weatherill reported that there were six alarms last month and that there may be arson involved in the one on Mitchell. Also passed out some pamphlets relative to home fire protection. Van zee reported that the American Legion Post is planning to install hanging baskets in the marquee area downtown in the spring. Caldwell suggested that the Municipal Code be corrected to show the proper voting precincts. Fulton suggested that the Council members recheck the minutes relative to the petition for annexation of Curtis Rice. It appears that there are several questions that need consideration. Clerk read the following bills: General Government, $2,621.39; Police, $735.73; Fire, $808.72; Parks, $474.17; Water, $2,263.05; Sewer, $619.78 Garbage, $603.74 and Street, $5,074.56 for a total of $13,201.14. On motion by Grable, seconded by Caldwell and carried, Council approved the bills be allowed and that Vouchers #9486 through #9552 be paid and that September payroll in the amount of $23,727.68 be allowed. Meeting adjourned at 10:00 P.M. on motion by Grable, seconded by Berg and carried. r •V Clerk (�'rx�_t'lce°� '� Mayor l Port Orchard, Washington September 24, 1973 Council of the City of Port Orchard, Washington called to regular sess- ion by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Geiger, Monteith, Van Zee, Berg and Grable. Councilman Caldwell excused. Also present, Chief Weatherill, Chief Dow, Engineer Knobbs and Attorney Mc- Cluskey. On motion by Monteith, seconded by Grable and carried, Council approved the minutes of September 10, 1973 as circulated. Mrs. Maxine Doyle, 1120 Bethel Avenue, informed the Council that she and her husband, Mr. Worthie Doyle, on September 20, 1973 filed a protest with the Department of Ecology concerning the location of the Safeway shopping center and other business buildings within the complex located at Bethel and SR 160. A report similar to the one which was read and commented on by Mrs. Doyle is incorporated in these minutes as follows: "On September 20, 1973, Worthie Doyle and I filed a protest with the Washington Department of Ecology concerhing location of the Safeway shopping center near our home. On September 21, the city engineer issued a building permit for construction to the the dev- eloper. I believe that issuance of this permit was premature, was rushed for the wrong reasons, and should be rescinded by the city at this time. The effect is to take the onus from the developer and place it on the city. No environmental impact studies have been made and no justification for this development exists. In fact, the public record which I requested consisted of three sheets of paper: (1) a negative statement by the city engineer; (2) copies of planning commission and city council action on rezoning last February. This does not fill the requirements of the Environmental Protection Act. The effect on the environment is in fact great and the denuding and destruction of all cover over the area has been accomplished already. The traffic problem is major and has not been solved. The drainage solutions, if they exist, are not a matter of public record. The considerable increase in noise nuisance and heavy traffic is detri- mental to the way of life of the residents. The anticipated noise glare and litter from a shopping center would be an unwelcome intru- sion into the lives of the residents. The argument given for the action seems entirely inappropriate, that the finances of za return from sales tax to the city is the important factor. I believe this is not a proper criterion for issuing permits. The city government has a primary responsibility to protect the interests if its citizens. I believe the city should see that the problems are solved by the developers before they are permitted to proceed." Mrs. Doyle also stated that no information relative to the action was received by them. Mayor Powers informed her that the proper procedure was followed in the reclassification of the property. Also that the building permit has not been posted on the property and the developer has not been given authorization to proceed with the structures. The developer has applied for a building permit, has submitted the design plans to the engineer and has paid the fee as required and has received a receipt for the fee paid. In the several days or weeks, depending upon the time needed, the engineer, building inspector and the fire inspector will examine the plans for fire protection and for structural protection, in accordance with the Uniform Building Code, the Uniform Fire Code and any other ordinances that may be pertinent. Mayor also stated that the City Planning Commission and the Engineer had been over the area several times to determine the environmental impact of the proposed action and had determined that in their opinion, any impact would be of a minor nature. In the area of traffic, the Mayor stated that a second meeting is being held in the Council Chambers on the 27th of September, 1973 at 7:30 PM with State highway Engineers, the City Council and the City Engineer and with the public, to arrive at the best September 24, 1973 Page Two possible design to control the existing and the probable future traffic flow, which is being generated in that area. Mayor also informed those present that any increase that is related to the developer is the resp- onsibility of the creator and this is being handled in the normal routine manner. Engineer informed those present that a final inspection is made by the building inspector and the fire inspector prior to occupancy and that all items not in accordance to the codes will be corrected before a Occupancy Permit is received. Council indicated that there should be some assurance that the developer will complete those items other than those incorporated within the building and fire codes. Attorney McCluskey recommended that a letter be writted to the responsible parties for their acceptance of the responsibility. Councilman Geiger moved that an agree- ment be drawn and forwarded to the developer for their signature of acceptance of the responsibility, motion seconded by Councilman Van Zee and carried. On motion by Grable, seconded by Geiger and carried, Council approved the continuation of the above complex. Monteith no. Mrs. Ellen Edwards of 1311 Sherman Ave. requested the Council to do some- thing about a wrecking yard next door to her home. Engineer and Fire Chief will investigate the problem. Mr. Willis E. Twiner, owner of Olympic TV Cable, Inc. requested permission of the Council to install a micro wave dish and an antenna on the guard railing of the water tower at the Sidney Fire Station. Would pay the City $50.00 per year rental. On motion by Fulton, seconded by Geiger and carried, Council approved the request. Also Mr. Twiner asked the Council if they would like to have some of their meetings televised on Channel #3 at no cost to the City. Council responded in the affirmative. Attorney McCluskey requested direction from the Council relative to pro- ceeding with the foreclosure action on the C. W. Adams property in view that their appears to be a property line suit pending. Council informed Attorney that these are two separate actions here and that he should proceed with the foreclosure action. Chairman Geiger of the Finance Committee informed the Council that a meeting was held with the Mayor and Finance Committee with the represent- atives of the Washington State Council of County and City Employees AFL- CIO on September 12, 1973 and both sides discussed their positions and that the union representatives spoke on behalf of their request as written in their letter of August 21, 1973. Chairman Geiger explained what the committees feeling was and recommended that a letter be written encompass- ing their feelings and forwarded to the representative of the Union. The letter would reflect in substance the following: 1. The 1974 financial projection can be expected to bring no increase in revenue. Increases in budgeted expenses therefore can be bal- anced by curtailing services in the categories under "General Gov-. :ernment." Any necessary increases in Utilities expenses'_could_.be____ met by the unpopular and inflationary expedient of rate increases. a. A possible formula for providing monies to cover increased budgetary needs in Street, Sewer and Water might be for the total amount needed to be calculated and given to a committee composed of workers from these departments. This committee then could form a list of workers -Whose total projected salaries would equal the amount of the budgetary increases. b. In order to meet any sizeable increase in General Government expense the City would have to consider consolidation of ser- vices with other governmental bodies in order to effect a bal- anced budget. 2. The City has found that the "Step Plan" of promotion is quite sat- isfactory as it is more related to promotion according to a person's performance. The 3 step plan of promotion, it is felt, would con- tinue to serve the best interest of the taxpayer. 3. All City employees currently can accrue up to 60 days of sick leave. This represents 9 weeks of paid time. A serious major surgery usually requires no more than 6 weeks away from the job. The intent September 24, 1973 Page Three of sick leave is to prevent economic hardship to a family. To have cash pay off plan is changing the intent to that of retire- ment bonus, which is really a different issue. 4. The City feels that the continuance of Washington Physicians Service medical insurance for the worker as inaugurated in Jan- uary 1973 is a fine security measure, which gives equal benefit to all employees. 5. Job title descriptions for all positions will be available soon. Request approved on motion by Monteith, seconded by Fulton and carried. Letter from Gray & Osborne relative to "Grant Administrative Body" for the Facility Planning Area of the proposed secondary treatment and transmission of sewage was read. Copy of letter directed to the Board of Directors, Port Orchard Kiwanis Club relating to the efforts of the Agricultural and Conservation Comm- ittee to acquire recreational land in the Blackjack Canyon read. It appears that the land in the area of the mouth of Blackjack Creek was impossible to aquire by either gift or purchase and that they did not feel the condemnation would be the proper approach. Clerk read letter from Willis E. Twiner informing Council that he had squired Clearview TV Cable and has changed the name to Olympic TC Cable. Inc. The request of Mr. Dwight Paris of VanderStaay Realty that he be Allowed to install a small municipal park bench with their advertising on the back in the area of the Tacoma -Bremerton Bus Stop was read. A motion to deny the request by reason that the Lions Club was committed to build six park benches of which one is already completed and this would be all that is needed at this time, was made by Monteith and seconded by Van Zee. On the question, Monteith, Van Zee and Grable voted yea. Fulton Geiger and Berg voted nay. Mayor broke the tie by voting yea, thus sustaining the motion to deny. Clerk will notify Mr. Paris. Van Zee stated that the American Legion Post are looking for a project and that the Park Committee will discuss this and find a project for them. Mayor informed the Council that the AWC District meeting will be at Myhre's Cafe at 6:30 P.M. October 16, 1973. On motion by Fulton, that due to the inadequacy of the facilities of the Active Building, such as no place to store the large amount of equipment needed to protect against other users in the basement and no area for storage upstairs and the fact that other youth groups would be interferred with by the schedule of the Pre -School groups, that the request be denied, seconded by Van Zee and carried with Geiger voting no. Engineer reports: 1. Settlement on the Ford Packer still continued. 2. No progress on the Mayer Built Homes project on Sidney as yet, it appears that the holdup is financing. 3. Bids for the paving of Sidney Street from Tremont to Melcher were opened and engineer recommended that they be referred to Street Committee for study as there seemed to be an item which needed additional attention. Monteith moved and Grable seconded to approve the recommendation and to gave the Committee power to act if they should reach a decision. Motion carried. Commissioner William Mahan presented a letter to the Council proposing to build a 30'X40'X 12' building for the City at the cost of $7,649.25 at the City Sanitary Fill in exchange for Lots 7, 8 and 9, Block 4 of Sweanys Addition to Sidney. (Taylor Street building). Council will consider the proposal Septenber 24, 1973 Page Four On motion by Van Zee, seconded by Monteith that the Fire Chief be allowed to place the order for the truck body and for dual wheels in the approx- imate amount of $2,000.00. Motion amended by motion and seconded to add "when Treasurer certifies that there are available funds". Amended motion approved by motion, seconded and carried. Attorney McCluskey, Councilman Fulton and City Engineer met;.with the Sewer #5 Commissioners and their attorney Kruse and reported that a very congenial discussion was had and that a new proposal will be forth- coming from Annapolis Sewer District #5. Attorney also informed the Council that the Puget Sound Air Polution Agency is a duly authorized agency which can raise operational costs by either direct assessment against the residents in their boundary or recieve their operational costs from the municipal corpot.ations within their boundaries. As the latter procedure has been adopted the City is obligated to contribute to the agency. Clerk will check the deed to the Taylor property as there appears to be a dedication recital in the deed perpetuating the use of the prop- erty for recreational use. Meeting adjourned at 11:15 P.M. on motion by Grable, seconded by Van Zee and carried. �: ` Clerk ��.� Mayor Port Orchard, Washington September 10, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor pro-tem Robert Geiger. Councilmen present: Fulton Caldwell, Monteith, Berg and Grable. Mayor Powers and Engineer Knobbs excused to attend a Regional sewage disposal meeting with other local officials at the County Courthouse. Councilman Van Zee excused because of illness. Also present, Chief Dow, Chief Weatherill and Attorney McCluskey. Minutes of August 27, 1973 regular meeting approved as corrected on motion by Grable, seconded by Caldwell and carried. Item corrected by removal of the word "improper", third page, fourth paragraph, fourth line and second word. Jerry Reynolds, 1013 Kitsap Street, reported to Council that he had closed all openings into the basement area of the old Fulton place and had boarded up the windows and doors and that the foundation has been poured. Council approved the action and referred the matter to the city engineer for inspection. Clerk read letter from the Highway Department relative to the city's request for additional signals at both Sidney and Bay and Maple and Bay, stating that at the Sidney and Bay intersection there would be no revision until they are relieved of all future liabilities due to possible damage to the buildings or canopy due to strain. Also the traffic in this area is increasing continually and this could build to a complete breakdown of the ability of the street system to carry this high traffic. Matter to study situation and report to the Council re- ferred to Street Committee. There will be a meeting at 7:30 P.M. September 13, 1973 in the Council Chambers to hear a presentation by the Highway Department of a proposed solution to the traffic problem in the Bethel Avenue area. On motion by Monteith, seconded by Caldwell and carried, Council approved A. VanderStaay to place a job shack on the area of his proposed pro- fessional building as a temporary measure for a period of 120 days maximum. Maynard Lundberg, Chairman of the Parks Commission informed the Council that there will be one member present at the Council meetings in the future. On motion by Fulton, seconded by Berg and carried, Council approved the City Engineer to set the stakes on Givens field for the fence line in conjunction with the Parks Committee. Mrs. Doyle thanked the Council for their consideration relative to the appointment of a Library Board. Also there will be a meeting of the Friends of the Library to determine who will be recommended to the Mayor for appointment. The meeting will be at 7:30 P.M., September 19, 1973 in the Council Chambers. Councilmen invited to attend. On motion by Fulton, seconded by Monteith and carried, Council approved the request of Mrs. Mary Wilson of 1306 West Street to extend for 90 days, the repairing of her sewer line. On motion by Caldwell, seconded by Grable and carried, Council approved the bid of National Equipment Company in the amount of $3,500.00 plus sales tax for the purchase of a used sweeper. Monteith opposed. On motion by Caldwell, seconded by Grable and carried, Council approved the sale of the old sweeper by bids in an as -is condition for a minimum amount of $500.00. Monteith apposed. Monteith also informed Council that the engineer found all the things he could wrong with the old sweeper in order to force the Council into buying a new one. Engineer was not present. Mr. J. Kors, of Sleavin and Kors Consulting Engineers presented the Council with a background sketch of the Company and informed Council that they would like to do business with Port Orchard. Meeting set up for 7:30 P.M. Monday, October 1, 1973 to meet and discuss items with Mr. Kors. September 10, 1973 Page Two On motion by Fulton, seconded by Grable and carried, Council would indicate to the County Review Board at their hearing on September 20 1973 of their affirmative attitude toward the annexation of the Gehring 14 acres when the petition is submitted to the City. Parks Committee will meet with the fire chief and investigate the Active Building relative to the request for a pre-school program. Mrs. Kearney 2341 Villa Court. Tr 6-8361. At this time Mayor Powers and Engineer Knobbs returned and Mayor pro- tem. Geiger resumed his Council seat and Mayor Powers assumed the chair. On motion by Geiger, seconded by Grable and carried, Council approved the upgrading of the charges for the use of the sanitary land fill to comply with those of the county as follows: One can, .50; car full, $1.00, station wagons and normal pickups, $2.00; pickups with side boards and small trucks, $5.00; large trucks, $7.50 and small tires,.25�. Mayor Powers reported on the meeting with other local government offic- ials and technical people on the regional approach to treatment and transmission of sewage. Stated that of the four or five units of govern- ment which will be involved in the regional concept, only one will act as the prime agency. Engineer reported that the cost of materials for picnic tables would be about $50.00. Council, on motion by Monteith, seconded by Caldwell and carried, approved the puchase of enough material for four tables. The material will be turned over to the vocational section of the High School who will build the tables. Monteith reported that the Fire Chief was still looking into a cheaper body for the van and that it appears possible that one can be purchased in a price range from $750.00 to $2,000.00. Will have a report at next meeting. Monteith also stated that the Council should do something to conserve power. Street and Alley committee recommended to the Council that the request for the vacation of portions of Cedar Street abutting the Assembly of God church on Bethel Avenue be denied in that at a future date the City may need this additional width for traffic control or public parking. Council concured on the recommendation. Fulton requested the attorney to research and report as to whether the contributions of the City to the Air Pollution Control Agency are man- datory. Engineer reported that the corners have been set on the Lieseke property. Engineer reported that the Council should take a long look at the re- quest for vacation of,portion of West Street as if the City should drill a well that would be the area necessary for a force main. Street Comm- ittee and engineer will meet and study the project. Chief Dow reported that Sergeant Mares has made several attempts to get the information from the residents at the Heritage Mobile Home Park relative to the vandalism and general nuisance of the children on the adjoining property. Sergeant Mares now is informed by those originally complaining that they are not going to cooperate. Clerk will write to Mr. Roy Johnson of this change in events. Engineer reported that the City crews under the supervision of Building Inspector Ryan has filled the pillars and block with grout and steel has secured the mud sills and installed the roof trusses on the shelter at Givens. Also that Mr. Kinney, the painter on Kendall tanks will be back on the job this coming week. Clerk read the following bills: Current Expense, $3,590.83; Water, $1,736.66; Street, $799.20; Sewer, $1,228.37; Garbage, $714.62; Parks $283.18; and Misc. $362.71 for a total of $8,615.57. On motion by Cald- well, seconded by Grable and carried, Council approved the bills be allowed and that Vouchers #9417 through #9485 be paid and that August September 10, 1973 Page Three payrolls in the amount of $28,047.72 be allowed. Meeting adjourned at 10:25 P.M. on motion by Grable, seconded by Cald- well and carried. '9 Clerk ���-a Mayor r' i Port Orchard, Washington August 27, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van Zee, Berg and Grable. Also present, Chief Weatherill, Engineer Knobbs and Attorney McCloskey. Chief Dow excused while on vacation. Minutes of meeting of August 13, 1973 approved as circulated on motion by Grable, seconded by Fulton and carried. Mayor Powers read a letter of appreciation for the capable manner in which Patrolman Terrance Zuber conducted himself at the scene of an accident at the intersection of Pottery Blvd. and Tremont Street on July 19, 1973, and instructed the Clerk to place a copy of the letter in Patrolman Zuber's personnel record. Mrs. Delores Barringer, 604 Melcher, presented a petition with signa- tures of twelve residents of the area surrounding 545 Melcher, belong- ing to Tom Clauson. The petition protested the blocking of the streets, using residential home as a business, junk yard appearance, conducting business in a residential zoned area and working on cars at all times of the night. Also presented three pictures showing the congestion of Portland Street by the wreckers and ambulance, and one showing a City patrol car and a City patrolman parked at the above address watching the operation of conducting a business at the above address. After discussion of the subject, on motion by Clldwell, seconded by Van Zee and carried, Council instructed the attorney to take whatever action is necessary to correct the problem. Clerk read Ordinance No. 921 which amends Sections 2.12.010 and 2.12.030 and repeals Section 2.12.050 of the Port Orchard Municipal Code. Councilman Monteith reported to the Council that Section 2.12.010 (Appointment of the Fire Chief) was not presented by the Clerk in the manner he had requested at the meeting of August 13, 1973. Also stated that there were many times in the past when the Clerk has presented things to the Council that were not as requested. Clerk rebutted Councilman Monteith by asking for what specific times and what the specific items were. Councilman Monteith then stated that the City Engineer has also presented items to the Council which were not right. Engineer Knobbs asked Councilman Monteith when and what specific items. Councilman Monteith remarked that he would check into it. Councilman Monteith had remarked that the appointment of the Fire Chief should be by the Mayor with confirmation of not less than five (5) members of the Council. The section in question made the appointment only by the Mayor with no confirmation. Councilman Caldwell moved and Councilman Van Zee seconded that Section 2.12.010 be changed to include "subject to confirmation by the majority vote of the Council.' Councilman Monteith moved to amend the motion by "not less than five (5) members of the Council", motion seconded by Councilman Van Zee. On the question, amendment to the motion lost. Councilman Monteith yes, balance of Council no. Original motion was approved and carried. Councilman Geiger voted no. On motion by Caldwell, seconded by Berg and carried, Ordinance No. 921 approved as amended. On motion by Councilman Caldwell, seconded by Councilman Grable and carried Council adopted Ordinance No. 922 vacating a portion of Spokane Street sixty (60) feet in width between Block 7 and Block 6, Pottery Addition to Sidney. A meeting will be set up at which the representatives of Babe Ruth, Little League, Park Committee and Engineer, along with school officials, to finalize the operations and maintenance agreement. Mrs. Jerry Reynolds presented herself to the Council relative to the letter of compliance on the unsafe dwelling at 1013 Kitsap Street which will be referred to the City Attorney for action on August 31, 1973. She informed Council that they do not have the funds to complete the repairs at this time and would like to have some additional time. On the recommendation of the City Engineer, Council informed Mrs. Reynolds August 27, 1973 Page Two that the areas open to access into the basement area and into the house from windows or doors will have to be sealed in a manner acceptable to the City Engineer by September 10, 1973, and if at that time the building is in a safe condition they would be given an extension until the coming March or April. Councilman Van Zee moved and Councilmen Caldwell second- ed a motion that if the house was not in a safe condition and was not acceptable to the City Engineer as of September 10, 1973 that matter will be referred to the City Attorney for action. Councilman Monteith voted no. Letter from South Kitsap Chamber of Commerce inviting the Council and other to attend a welcoming breakfast for the new teachers of South Kitsap on September 4, 1973 at 7:30 A.M. at Myhres, was read and ordered filed. Letter setting September 10, 1973 at 7:30 P.M. in the County Commissioners Room for a meeting on alternates, and to begin planning for a regional sewage treatment plant to serve the Bremerton and all of the South Kitsap area read. Mayor Powers and Engineer Knobbs will attend. On motion by Monteith, seconded by Grable and carried, Councilman Geiger appointed as Mayor pro-tem to preside at the September 10, 1973 meeting. On motion by Councilman Van Zee, seconded by Councilman Fulton and carried, Council approved the Mayor to sign on behalf of the City, a contract with CH2M Consulting Engineers, for services to the City on sewer matters as instructed by the City and CH2M will be reimbursed at an hourly rate and paid on a monthly basis. On motion by Councilman Caldwell, seconded by Councilman Fulton and carried, Council tabled the request of the Air Pollution Control Board for a 3.6 percent increase per capita for the City's contribution for the year 1974. The Council wonders if contribution to this agency is mandatory. Clerk read copy of letter sent to Mr. Robert Green, A.I.A. on the design for the Kitsap County Jail construction relative to the dead end corridor which the City and State Fire Marshal rejected. Chief Weatherill informed Council that the alternate correction in the letter meets the building code and would be acceptable with him. As to what the Commissioners and Mr. Green would do, is not evident at this time. Clerk circulated copies of the request from the County and Cities AFL- CIO Local Union #2052 of the employees of the City to the Council. The requested items are as follows: 1. 15% salary increase, 2. Longevity pay: 5 years at 4%, 10 years at 6%, 15 years ar 8%, 20 years at 10%, and 25 years at 12%. 3. Jobs title descriptions. Upgrade salaries for Refuse and Communications personnel. 5. Family paid Medical and Dental plans. 7. Unemployment compensation for all employees. S. Unlimited accrual of sick leave at one day per month and all unused sick leave paid in cash at retirement. There will be a Finance Committee meeting at 7:30 P.M. August 31, 1973 in the Council Chambers. Mayor informed Council that there will be a meeting in the Commissioners Room at 3:00 P.M. on August 28, 1973 to determine what should be studied and done concerning the Humane Resource policy. Engineer reported the following: 1. That the Assembly of God Church has been sold and there has been no contact from the new owners at this time, and that the request pending from the Church for the vacation of a portion of Cedar Street fronting the property should be continued. Council con- curred with the recommendation. 2. Sidewalk at Givens School has been completed. 3. Painting has been started on Kendall tanks but due to some vandal- ism all work has temporarily stopped. August 27, 1973 Page Three 4. The storm drain on Bethel Avenue fronting the proposed business complex, being built by Ron Nelson, has been lowered to the drain level. 5. Mr. Del Guzzi, contractor for the Safeway complex, south of the Hi -Joy, has commenced clearing and grubbing on the property. Attorney McCluskey reported that there has been some progress on the complaint of business operations within a residential zone at the residence of Leslie Stoops, 1136 Tacoma Street. Stated that the son has moved most of the equipment to a properly zoned'. area. Also, that he is still watching and following the situation. Attorney stated that he had completed an agreement for the purchase of water to be presented to the City of Bremerton and that there would be corrections and adjust- ments by the City of Bremerton on the agreement before both parties would come to agreement. On motion by Councilman Monteith, seconded by Council- man Caldwell, Council approved the Mayor to sign and present the agree- ment to the City Council of Bremerton at the earliest date. Councilman Grable reported that Jay Weatherill has been appointed to attend a Fire Equipment Operators School for a period of two days and Will , o�ef lly, be able to instruct the other volunteers in the proper and manner of handling fire equipment. Councilman Van Zee reported that the volunteers will again work on the shelter at Givens on the 15th and 16th and 29th of September. Engineer will complete the filling of pilasters and whatever else is necessary to secure the uncompleted project. Councilman Caldwell reported on the Safety Committee's inquiry into the accident of a City patrolman, in which the patrolman, by not paying proper attention to his driving, swerved to the side and wiped out a mail box and post. Also stated that the Safety Committee found the patrolman somewhat negligent in his actions and that a letter to this effect shall be placed in the patrolman's personnel folder. Chairman Caldwell neglected to inform Council of the name of the patrolman. Councilman Caldwell stated that there should be some guidelines that would apply to City employees. Mrs. Maxine Doyle, as a member of the Friends of the Library, requested assistance from the Council to help send some of the members of that group to a study session relative to libraries and their activities. Mayor Powers stated that if names are submitted to him, he will appoint a library board for the City, and if there are activities relevant to the library, those participating would be allowed travel and subsistence. Meeting adjourned at 10:40 P. M. on motion by Grable, seconded by Caldwell and carried. 1 Clerk Mayor Port Orchard, Washington August 13, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers Jr. Councilmen present: Fulton, Caldwell, Berg Geiger, Monteith, Van Zee and Grable. Also present, Engineer Knobbs, Chiefs Dow and Weatherill and Attorney McCluskey. Minutes of July 23, 1973 regular meeting approved as circulated on motion by Grable, seconded by Caldwell and carried. Mayor introduced Maxine Doyle, candidate for the City Council, to all Councilmen and appointed officials of the City. Mr. Roy Johnson, Heritage Trailer Park, Sidney Street, informed Council of a problem that has confronted the residents of the mobile home park for some time and requested assistance from the City. It appears that the children of the Robert Rawlings family, 352 Granat Street, approx- imate ages seven (7) to fourteen (14) have been conducting destructive activities to the gardens, shrubs and other items of the residents, also using profane language, trespassing on private property, knocking on the sides of the mobile homes, then running away, as well as riding a pony over and across lawns, gardens and into shrubs. This was verified by several other residents of the park. Chief Dow stated that this has been going on since 1969. Attorney McCluskey stated that the only course that could legally be taken is through the juvenille courts. Council took the stance that this would perhaps be the last course to be taken. Chief Dow will dispatch an officer to the mobile park to interview the residents and obtain signed statements relative to the problem and these will be pro- cessed through the juvenille department. At this time the Council held the hearing scheduled on the petition of Mr & Mrs Boyer, et al for an annexation of portions of the NW4 of the SEA and the SW4 of the SEh of Section 34, Township 24 North, Range 1 East to the City. After consideration of items pertinent to the area. Ord- inance No. 920 relating to and providing for the annexation of the above property was adopted on motion by Monteith, seconded by Caldwell and carried. On motion by Berg, seconded by Monteith and carried, Clerk instructed to write Jerry Reynolds, Route 1, Box 467 informing the gentleman that he has until August 31, 1973 to construct and close the building at 1013 Kitsap Street in a manner as approved by the City Building Officer, L. C. Knobbs, to insure the health and welfare of hte public and to prevent any injuries or accidents because of the hazardous and dangerous condition of the building. Extension as requested denied. Request of Port Orchard Assembly of God Church for vacation of portions of Cedar Street referred to Street and Alley Committee to report back to Council at the August 27, 1973 meeting. Request of the Square Steppers Square Dance Club to hold a square dance demonstration from 10:00 AM to 1:00 PM on September 15, 1973 on Frederick Street from Bay north to the rear bf Jordans Department Store. Both Parks Furniture and Jordans approve this request. Request granted on motion by Van Zee, seconded by Grable and carried. Clerk informed Council of meeting on August 16, 1973 at 1:00 PM at the Great NW Federal Savings and Loan Building at 5th and Pacific, Bremerton relative to Countywide housing planning. Clerk read letter to Council from Mr. Sam Belcher, 1339 Garrison Street relative to charges for garbage in excess of use. Also stated that all payments for service by check will be marked "paid under protest". Mayor will write letter to Mr. Belcher regarding this letter. Clerk read copy of letter from Robert Green, A.I.A. to Office of State Fire Marshal regarding the Port Orchard Fire Department letter stating that the Building Code has not been adherred to and that occupancy of the portion of the building under question shall not be utilized until correct- ions are made. Clerk instructed to file copy. August 13, 1973 Page Two Clerk read letters from Public Health Department and Association of Wash- ington Cities informing City that the 1974 contribution to these depart- ments shall be $2,871.87 and $483.60 respectively. Clerk read minutes of City Planning Commission. Mayor Powers informed Council of the meeting with several Council members and the Consulting Firm of CH2M relative to proposed contract presented to Council for signature. Items discussed were: CH2M would set up and conduct meeting with other jurisdictions relative to regional sewage dis- posal, would represent City at the meeting at both the local level as well as on a state wide level, and would charge the City on an hourly basis in the area of $18.00 to $25.00 dollars per hpur. Also wanted the complete contract signed as they (CH2M) could only perform those programs as re- quested by the Council in writing. The question was asked of Attorney McCluskey, "in the event the City signs the complete contract as proposed by CH2M, and the County preempted the control of all sewage disposal on a regional concept, and if the City would then contribute toward the final project, what would the liability of the City be toward the signed contract for services with CH2M"? Attorney reported to Council that it appears to him that if the City signed the proposed contract as presented, the City would then be obligated to re- imburse the consulting firm of CH2M accordingly. Engineer Knobbs again informed the Council that the informetion received by him indicates that the EPA will insure that all sewerage disposals, treatment programs and other allied items will be on a regional basis and that the counties will be prime authority in the implementation of any program, and that at this time there is a question as to whether or not a local jurisdiction will be reimbursed for any study or program, or for service conducted on an individual basis. On motion by Monteith, seconded by Berg and carried, Council approved the Attorney to contact the counsel of CH2M to discuss the situation and if agreeable, will prepare a letter to CH2M of the City's willingness to enter into a contract for services as requested on an hourly basis. Chief Dow informed Council that he would like to have vacation during the period August 26 through September 4, 1972. Mayor approved the request. Chief Weatherill expressed the desire to purchase an emergency body for the 1966 chasis to complete an emergency vehicle in the approximate cost of $4,000.00. Mayor Powers referred the matter to the Fire and Light Committee who will meet with the Chief at 7:30 P.M. August 30, 1973 in the Chief's office. Engineer Knobbs reported on the following: 1. Smoking is being continued and will be completed sometime the coming week. This is the second time around. 2. The thirty days have passed on the rental sweeper and the sweeper is in good shape, there have been minor repairs but nothing to in- dicate a major problem. Requested permission to call for bids. On motion by Caldwell, seconded by Grable and carried, Council approved the Engineer to call for bids on a used sweeper. 3. On motion by Grable, seconded by Caldwell and carried, Council approved the Engineer-to-,c4ll for bids on the reconstruction of Sidney Street from Melcher to Tremont. 4. Work has started on the sidewalks fronting Givens School. There will be some additional concrete work to level that portion of sidewalk fronting the old entrance to scout area. 5. Contractor is sandblasting and painting Kendall water tanks. 6. Nelson Construction Co. will move into Cedar Street area Tuesday August 14, 1973 to begin removing and relaying the thirty six inch culvert at a lower grade. 7. Clerk will check the light bill from PSP&Light to see if City is still being billed for those 16 lights turned off on Port Orchard Blvd. August 13, 1973 Page Three Councilman VanZee reported that there will be assistance on building the shelter at Givens Recreation area this weekend and that the parks man will be available to assist. Also, that School District will build sev- eral tables and benches for the Givens and Central recreational area if the City would furnish the material. Council will act on this when Coun- cilman VanZee furnishes a cost estimate. Councilman Monteith requested that several amandments should be made to the Code in order to update sections which are now not applicable. Those sections, 2.12.010, 2.12.020 and 2.12.030 referred to Clerk who will pre- sent an amending ordinance at the next meeting. Matter of Mr. Leslie Stoops son doing body work, painting and overhauling of cars and car bodies was brought to the attention of the Council. There have been several complaints in the past, the Fire Chief has served notice by letter that this activity is in conflict with City Ordinance and has had several conversations on the subject, that there have.been promises to vacate and not kept. They work all hours of the night with no regard for neighbors. There have been obscene phone calls to the Fire Chief as well as destruction of property belonging to the complainants. Attorney McCluskey stated that he had on more than one occasion discussed this with the parties, with no apparent success. Also informed Council that criminal action could be brought against the parties. Fire Chief will again discuss this with Mr. Stoops August 14. Engineer reported that Mr. Braaten, paving contractor will, when he has completed the installation of the new sidewalk for the School District at Givens, then contact the owners of the property abutting the North side of Prospect and contract with them to reconstruct the sidewalk. Caldwell reported that the windows need cleaning and that some dusting is necessary on the file cabinet tops and on the window sills in the police dapartment. Clerk will advise janitor. Clerk read the following bills: Currect Expense, $13,030.68; Water $4,191.54; Street, $3,142.30; Sewer, $2.090.15; Park, $12,633.31; Garbage, $1,551.30 and Misc. $5.00 for a total of $36,644.28. On motion by Geiger, seconded by Caldwell and carried, Council approved the bills be allowed and that Vouchers #9336 through #9416 be paid and the July payroll in the amount of $27,559.31 Meeting adjourned at 10:15 P.M. on motion by Grable, seconded by Berg and carried. P.S. This information received after meeting. Mrs. Ragsdale from West Street called and informed me that the striping of West Street has made a 70% improvement in the traffic problems. _v Clerk �---` ' ®i./ � �� - :,: � Mayor Port Orchard, Washington July 23, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van Zee, Berg and Grable. Also present Engineer Knobbs, Attorney McCluskey and Chief Weatherill, Dow excused. On motion by Monteith, seconded by Caldwell and carried, Council approved the minutes of July 9, 1973 as circulated. Mr. Joe Kerkes, owner of Quik-Pac lockers informed Council that the installation of drainage culverts on the east side of Bethel Avenue was improperly laid and that the culvert should have been laid at a lower grade, and that because of this, there has been a backup and the basement of his lockers which house the refrigerating units and has a foot of water in it. Stated that he had talked to the con- tractor, Mr. Nelson, and asked him to cease operations until the City could be contacted to investigate this problem and that Mr. Nelson told him the project had been approved by the City Engineer and proceeded to finish the job. Mayor referred the matter to the Street and Alley Committee and the City Engineer. Matter of the application of the Church of the Nazarene was resumed and the City Attorney informed the Council that the plat did contain a dedication of residential use, but that if there were no restric- tions on the deeds specifying that the property could only be used for residential purposes, the City would have no responsibility to interfere and that this would become a civil action between the property owners. The question of the original buildings being in a non -conforming use status was raised by Mr. Hackett, representing Mr. & Mrs. Mueller, and questioned if the issuance of a Special Use Permit under this condition would have any legal ramifications inso- far as the City is concerned. City Attorney stated there would be conflict by the action. As it appears that the major problem point was the parking area and it was agreed between the parties that both would prepare a compromise as to screening of the parking area and when this is resolved, the parties will return to the Council and the application of the Special Use Permit will again be considered. Mr. Arnold Carraway requested the Council to consider changing the fee for the checking of plans on residential buildings as in his opinion the 50% of the basic charge creates a hardship on the resi- dent. He also informed the Council that the Bremerton building department has adjusted their plan fee downward in this area. Council will take the recommendation of Mr. Carraway under consideration. On motion by Berg, seconded by Caldwell and carried, Council directed the Clerk to have the Treasurer write a check in the amount of $34.65 to Mr. John H. Macdonald, 310 Sweany Street, to reimburse Mr. Macdonald for payment of LID #64 assessment which was in error. Clerk informed Council that the Notice of Application for Shoreline Management Substantial Development Permit on the application of �f Wilkins Distributing Co., Inc., for the purpose of adding office and storage area to existing cabinet shop has been published as required by law and the thirty days waiting period has expired on June 16, 1973 and that the Council should review the application and either approve or deny the permit. The Environmental Impact Statement was read. Council considered the application and determined that the project was minor in nature and that no appreciable impact on the environment was in evidence. Council considered both the long and short range potential aspects and further determined that this project is to be considered as a negative declaration and be recorded as such in accordance with the requirements of the State Environmental Policy Act of 1971, Chapter 43.21, Revised Code of Washington. On motion by Monteith, seconded by Grable and carried, Council approved the issuance of Permit No. 5. Attorney McCluskey reported that he had discussed the contract with CH2M with the City Engineer of Bremerton, and stated that this was a standard type contract and that the fee for profit was 2.6 which is little higher that normal, but that CH2M is the "Cadillac" of July 23, 1973 the trade and as such the 2.6 fee would appear toPW-e RFAsonable. Engineer Knobbs reported that Mr. McMullen, Jones Co., informed him that on July 25, 1973 there will probably be further information as to who will get the planning funds for sewer study. The application of Sewer District #5 in the amount of $77,000.00 includes about $35,000.00 which it appears is allocated for the City of Port Orchard study, also, this application has a #3 priority. Clerk instructed to set a meeting with CH2M for Monday, August 6, 1973 at the Council Chambers to discuss the terms of the contract in detail. There will be a meeting with Mr. Csysewski, Graham and Associates, on July 26, 1973 at 7:00 at the Council Chambers, City Hall, Port Onccard, Washington to discuss street study. Chief Weatherill reported there is a possiblity that the boxes in the Police Department may be adapted to be used in the fire alarm system for business and public buildings within the City at very little cost. Also will be on vacation beginning August 6 thru August 10, 1973. Engineer Knobbs reported on the following items: 1. As Building Inspector had condemned the First Christian Church and had given them until July 31, 1973 to correct the faulty structure which was proclaimed as a hazard and dangerous to the health and welfare of the public. At this time the Church is requesting a thirty day exten- sion and that the Building Inspector recommends the exten- sion. Extension of thirty days approved by Council on motion by Monteith, seconded by Geiger, and carried. 2. No reply from letter sent to Mr. Jerry Reynolds, 1013 Kitsap Street, relative to installation of foundations and repairs to the above addressed building. Copy of above letter sent to mortgage company, Tacoma Savings & Loan Ass' n. 3. No word from Mr. Collier, Hammond, Collier and wade, relative to setting corners at the Lieseke property. 4. Fifteen lights were turned off on the Port Orchard Blvd. 5. Reported that the plan for a water extension program in the south portion of the City almost completed and will be presented at the next meeting. 6. Reported that he, Engineer Knobbs, had been out of the City during the last week visiting his son in California and Councilman Monteith stated "I didn't even miss you". Councilman Van Zee stated that no wonder the operation of the City was so smooth last week. Attorney McCluskey reported that the constitutionality of Initiative #276 has been upheld by the Superior Courts and is now being tested before the State Supreme Court. Councilman Grable reported on the excellent manner in which Patrol- man Zuber conducted the activities at the accident scene at the intersection of Tremeont and Pottery Road. A letter shall be written and placed in Patrolman Zuber's jacket. Councilman Geiger, Chairman of Finance Committee, suggested that committee and department heads meet as soon as possible to determine salary items as this is the major expenditure of funds within the City. Clerk informed Council that the actual expenditures for 1973, through the month of June will be available for budget purposes no later than the second week in August. Councilman Caldwell stated that the buildings seemed to be in fair shape as to cleanliness, but that the Taylor Street building was in bad shape, as there was grease and oil on floor. Councilman Fulton reported that he will be on vacation from August 6 through August 13, 1973. July 23, 1973 Page Three Letter from Sewer District #5, dated July 11, 1973 read. On motion by Van Zee, seconded by Caldwell and carried, Council approved the request of Mrs. Irene Cronkhite, 810 Dwight, for an extension on the repair of their sewer line resulting from the smoke testing, with the extension being until the City Engineer determines when the repairs will be feasible in relation to Mr. Cronkhite being able to get around. Councilman Monteith stated that he would represent the City at the Mater Plan Committee meeting at 9:30 AM August 2, 1973 at the School District Administration Office. Letter from the I.A.C. informing the City that things are now in order for the City to close the purchase agreement for the pur- chase of 4.5 acres (Tremont Park and Playground) from Mr. & Mrs. Workman. Date set for Boundary Review Board Hearing on the proposed Petite Annexation to Port Orchard is August 9, 1973 at 7:30 PM at the County Courthouse. Engineer Knobbs and Clerk Lloyd plan to attend to answer any questions which may arise. On motion by Caldwell, seconded by Van Zee and carried, Council approved Resolution #1124 setting Monday, August 27, 1973 at 7:30 PM in the Council Chambers of the City Hall Port Orchard, Washington as the date and place to consider an ordinance vacating a portion of Spokane Street sixty (6h) feet in width lying between Lots 11, 12, 13 and 14, Block 7 and Lots 11, 12, 13 and 14, Block 6, Pottery Addition to Sidney. On motion by Cladwell, seconded by Grable and carried, Council set the date of August 13, 1973, in the Council Chambers of the City Hall, Port Orchard, Washington at 7:30 PM as the time and the place to consider the annexation of the Boyer and Cascade Gas property near the intersection of Tremont and SR #16. Meeting adjourned at 10:20 PM on motion by Berg, seconded by Caldwell and carried. t t; Clerk`'' Mayor Port Orchard, Washington July 9, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van Zee, Berg and Grable. Also present: Chiefs Dow and Weatherill, Engineer Knobbs and Attorney McCluskey. On motion by Councilman Fulton, seconded by Councilman Grable and carried, Council approved the minutes of June 25, 1973 as circulated. Mayor Powers informed Council that at this time the Council would conduct the hearing on the application of the Church of the Nazarene for a Special Use Permit to construct additional buildings on their property within the Plat of Etta B. Jones. Pastor Gilliam presented Robert A. Zanoni, designer of the plans who informed the Council of the proposed construction of building and of the parking area, stating that the building would be a two story wood structure East of the existing building. Mr. Walt Hackett, attorney representing Mr. & Mrs. Dan Mueller, 712 Jones Drive, speaking on behalf of his clients, stated that they opposed the location of the parking lot as they would be facing the lot, that they purchased the property for the peace and quiet of the location and that there would be a great increase of traffic fronting their residence which would create noise and other discomfortures. Mr. Hackett also stated that the plat contained restrictions in that the lots within the plat would be for residential use only, also that it was his understanding that additional build- ings would be constructed at a later date which would in effect smother the residential area with church orientated structures. Mr. Zanoni informed Council that the height of the proposed building will be 19 feet. Matter of street improvement to accomadate increased traffic discussed and the Engineer reported that the necessary improve- ments created by the increased public use generated by the church use should be borne by the applicant. Attorney McCluskey informed Council that the matter of deed restrictions are not a concern of the Council but should be settled as a civil action between the parties. On motion by Councilman Caldwell, seconded by Councilman Monteith and carried, Council requested the City Attorney to check the legal aspects of the application and to report at the next meeting.Council- men Van Zee and Fulton voted no on the question. Councilman Caldwell, Chairman of the Street Committee reported that the Committee would not recommend speed bumps as they are dangerous and that others would want the same treatment in other areas of the City. Recommended that better patroling and speed signs may be the answer. After discussion among the Council and those parties present who reside on West Street, it was decided that the Engineer would post speed limit signs in the area and would double yellow line the center and paint white side lines on both sides. This will be watched by both the Police Department and the residents in the area, and a recapitulation of the problem will be reviewed at the August 13, 1973 meeting. Disposition of Correspondence was as follows: Insurance Carriers letter relative to probable loss and that the City's policy does not provide for bodily injury protection read and ordered to be filed. Insurance Carriers letter informing Council that the Claim against the City by Samuel C. Belcher is not covered under the City's liability coverage as this is not under the interpretation of Endorsement No. CF-646 that the occurrence was neither expected nor intended was read and ordered filed. The estimated local share to participate in the Puget Sound Governmental Conference for the calendar year 1974 in the amount of $322 was discussed and Clerk was instructed to hold the matter until further review could be made. Copy of letter read from the Tacoma Savings and Loan Association to Mr. Jerry Reynolds, 1013 Kitsap relative to finishing the July 9, 1973 foundations and repairs to the building from tie TWO ceeds of the loan to him and stating this must be completed. Council instructed the Engineer to instigate a letter to Mr. Reynolds giving him until July 29, 1973 to comply with the provisions. If no action is taken, the matter will be referred to the City Attorney for compliance. Clerk read letter from Urban Arterial Board informing Council that there are no available funds to fund the balance of Pottery Blvd. at this time and that the change in priority of the second phase of Pottery Blvd. from No. 8 to No. 1 was not approved. Clerk instructed to file letter. On motion by Caldwell, seconded by Grable and carried, Council approved the recommendation of the City Engineer that the bid of Kinney Painting and Sandblasting Company of Silverdale be accepted in the amount of $3600.00 plus sales tax to paint and sandblast the Kendall water tanks as per specifications. i Clerk informed Council that the Notice of Application for Shoreline & 4 Management Substantial Development Permit on the application of Cascade Natural Gas Company, for the purpose of cathodic protection for natural gas line by the installation of cable in heavy duty conduct, with cast iron anodes and concrete weights, has been published as required by law and the thirty day waiting period has expired on April 18, 1973, and that the City Council should review the application and either approve or deny the permit. The Environmental Impact Statement was read by the Clerk. Council considered the application and determined that the project was minor in nature and that no appreciable impact on the environment was in evidence. Council considered both the long and short range potential aspects and further determined that this project is to be considered as a negative declaration and be recorded as such in accordance with the requirements of the State Environmental Policy Act of 1971, Chapter 43.21, Revised Code of Washington. On motion by Berg, seconded by Caldwell and carried, Council approved the Permit. Letter written by Attorney McCluskey to Sewer District #5 , read. Councilman Monteith reported that Mr. Jenkins, Sewer Commissioner, informed him that Sewer District #5 would be glad to absorb the 86 sewer services which the City is processing for the District. Engineer will investigate this statement and report at next meeting. President Fulton of the South Kitsap Chamber of Commerce extended appreciation and thanks to the City and those employees who assisted in making the Fathoms of Fun a success. Engineer reported on the following: 1. Both Mr. Mullen of Redfield Engineers and Mr. Hassebroek of CH2M Engineers informed Engineer that at the June 29th meeting on sewer planning grants, Annapolis is #3 on being granted a grant in the amount of $77,000.00 which appears to include planning for this City. 2. New sweeper arrived last Friday, July 6, 1973, and is now being inspected by the City mechanic. 3. Mr. Collier has not as yet set the corners for Mr. Lieseke. Council instructed Engineer to contact Mr. Collier and if he is not interested, inform him a local engineer will be used and the bill will be submitted to Mr. Collier. 4. Dick Warren of Kramer, Chin and Mayo stated that the Washington Future funds look promising and should be ready for applications at the end of July. Also that he had talked with the City Commissioner of Bremerton and is setting up a meeting relative to the purchase of water from Bremerton. 5. Pacific Telephone is going ahead with their sub -station on Pottery and Sidney. Also, that the City has been asked to acquire r/w east of the easterly dead end of Fireweed to the City limits so that the Company could install a trunk line. Engineer informed the Company that it would take as long for the City to acquire the r/w thru condemnation as it would the Company, and that the Company should instigate procedures. July 9, 1973 Page Three Councilman Berg brought to the attention of the Council the hardship caused to the citizens by having to acquire a certificate from a veterinarian to establish the neuter of their animals. Councilman Grable stated that he would find out if there is a charge by any local vet for inspecting and issuing a certificate. Clerk informed Council that the only way to change the procedure of licensing is to amend the ordinance. Councilman Van Zee reported that the National Guard group are not and will not be available to complete the shelter at Givens. Councilman Monteith asked that the Council approve the Clerk to write a letter to PSP & Light Co. relative to the lights at Helm's property on Mitchell, also, Lippert and Sidney and at Lippert and Pottery. Also, Council, on motion by Councilman Berg, seconded by Councilman Monteith and carried, approved the Engineer to turn off about one half the lighting on Port Orchard Blvd. and to notify Puget Power. Engineer will obtain the names of the bondsman for Select Contractors and deliver to Attorney who will write to them relative to the broken sewer main on Port Orchard Blvd. and the bill presented by the City for the cost of the repairing. Councilman Geiger reported that the residence at 1018 Kitsap appears to be a fire hazard in that grass and weeds have taken over. Attorney will write letter to proper authority to inform them to correct the condition. Councilman Caldwell brought to the attention of the Council Initiative No. 276 which relates to public disclosure and asked if there was any information on this. Clerk will send information to all Councilmen with the minutes of this meeting. On the recommendation of Councilman Fulton, Council approved the Engineer to prepare a plan for water ditribution in the Sherman Street area, taking into consideration population growth, future annexations and other items effecting the use of utilities. This was in response to Mr. Curtis Rive's request for water to his residence in that area. Mayor Powers informed Council that there will be a meeting of The Committee for the preparation of a Comprehensive Master Plan of School District #402, taking under consideration such areas as recreation, bus system, buildings and other items peculiar to schools. The meeting will be at the School Administration Office at 9:30 AM August 2, 1973. Councilman Caldwell will attend. Councilman Monteith stated to the Council that he would have his resignation into the Council before the 31st of December, 1973 in any event as he did not feel that elective offices such as these should be forced to disclose financial information. Clerk read the following bills: Current Expense $7474.79; Water $1535.37; Street $2413.65; Sewer $1558.34; Park $401.61; and Garbage $1496.84 for a total of $14880.57. On motion by Grable, seconded by Geiger and carried, Council approved the bills be allowed and the Vouchers #9257 through #9336 be paid and the June payroll in the amount of $27,637.84 be allowed. Meeting adjourned at 10:45 on motion by Van Zee, seconded by Grable and carried. Clerk Mayor r Port Orchard, Washington June 25, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van Zee, Berg and Grable. Also present Engineer Knobbs, Chief Dow and Weatherill and attorney McCluskey. Mr. Dick Brown, representing Spot Realty presented the Council with a request for the City to supply water outside the City limits in the area of the southern end of West Street extended, GQcAvmay. Council informed Mr. Brown that the policy of the Clrr is not to extend its water or sewer lines outisde the City limits and that he should attempt to annex the property to the City. The Council unanimously indicated they would look favorably upon a petition for annexation of the area. Letter of appreciation of Patrolman Sibley read and will become a part of the officers personnel record. Letter recieved from the chairman of Sewer District #5 relative to man- hole #25 was read. Engineer informed the Council that the text of the letter was not in keeping with the discussions conducted between the attorney for the District and attorney for the City as well as with the respective engineers present. The above statement was verified by the City Attorney. There was supposed to have been a proposal tendered to the City by the chairman. Commissioner Jenkins reported to the Council that the line was plugged and that no sewerage was going to the Cities plant, also that it makes no difference whether the City of the District dumps raw sewerage in the bay. Council stated they want the line perm- anently blocked using blocks and concrete. Council also went on record that the City will not treat any more sewerage than that contracted for (86 customers of Annapolis). Engineer reported that a manhole at the foot of Lawrence street has a weir installed that will allow only solids to enter the Cities line and that Mr. Collier agreed with this and that it was installed for this purpose. On motion by Fulton, seconded by Caldwell and carried, Council authorized the attorney to submit a letter to Sewer District #5 stating that the letter prepared and delivered by the Chairman to the Council this date was not written in the same tone as was tentatively agreed to by the two groups at the meeting. Council informed Clerk to hold for future authorization, the request for $489.00 for 1974 as a pro-rata share on the operation of the Puget Sound Air Pollution Agency. On motion by Caldwell, seconded by Grable and carried Council approved the recommendation of the engineer and granted a variance to the School District to correct the violations noted during the smoke testing of sewer systems with a limit on the variance until 12/31/73. The reason for the variance is to allow the corrections to be accomplished during the remodeling of the school. Mayor informed the representative of the Elder Crafts Store on Bay St. that it would be illegal for the City to contribute to a private enter- prise. Council was informed that the priority items for potential Federal grants in this group are #l, nutrition; #2 transportation with acquisition as #5. Mayor referred the item to Park Committee to check for building or something which may be useable for senior citizens. Council discussed the matter of installing speed bumps on West Street between South and Melcher, also a parkway at the expense of the residents. It appears that most traffic engineers frown on the installation of bumps as they claim the adding of more traffic hazards only increase the liability of the City. Council instructed the engineer to study the area and return with cost estimates on installation of speed bumps, possibly 3 inches high in 40 foot strips, each 100 feet or so apart. Matter of solution to the Schools request for a closure of a portion of Spokane Street between Kendall and Sroufe discussed. Geiger moved with Berg seconding, that a portion, 15 to 20 feet wide be vacated, midway between Kendall and Sroufe. Grable amended the motion to include a June 25, 1973 Page Two reversionary clause and was seconded by Geiger. Amendment to motion carried with Caldwell, Monteith and Van Zee voting no. Motion by Van Zee, seconded by Monteith to table above motion until a future date carried with Geiger, Berg and Grable voting no. Engineer reported that the bushes had been removed from the sidewalk fronting the Cohen Property at Cline and Dwight. Countywide Solid Waste Agreement was discussed and Mayor stated that this item will be on the agenda of the Public Health meeting on the 5th of July, 1973. On motion by Grable, seconded by Van Zee and carried, Council declared the #309 copy machine of the police department as surplus and of no value and approved the Chief to dispose of the machine in the best possible manner. Engineer reported that the bids for the painting of Kendall towers has been advertised and they will be opened on July 6, 1973. On motion by Caldwell, seconded by Geiger and carried, Council approved the Fire Chief to use $200.00 from the Training catagory and for the purpose of sending volunteers to Washington State Firefighters Con- vention at SeaTac. Mr. Belcher of 1339 Garrison informed Council that he is being harassed by the City employees and that his garbage is not being picked up by the sanitation department, and that he had sent a total of fourteen letters to the Clerk and none had been answered. Clerk will mail a copy of garbage Ordinance to Mr. Belcher. Councilman Van Zee reported that he was going to contact Mr. Robert Ryan to get assistance to completing the shelter at Givens. Also some thinking should be done relative to a summer picnic rather than a Christmas party. Councilman Monteith reported that the rest rooms at Central are being vandalized. Engineer will investigate and will also see that the Bar B Que grills and stands are installed properly. Clerk will contact Engineer recommended by Attorney Tom Lowry to meet with the Council during the 2nd or 4th week in July to discuss a Comp- rehensive Street Plan. Councilman Caldwell reported of an inspection tour to National Machinery Co. of Seattle relative to a used sweeper at a price of $4,000.00, also that it appeared to be in excellent shape and recommended that the City call for bids for the purchase of the sweeper. On motion by Caldwell seconded by Van Zee and carried, Council approved a lease purchase agreement be executed between the City and National Machinery Company for the leasing of the sweeper for $500.00 per month with the lease rental to apply to the purchase of the sweeper when so desired by the City. On motion by Grable, seconded by Monteith and carried, Council negated the motion of Council minutes of May 29, 1973 relative to the overhaul of the old sweeper. Councilman Fulton reminded the Clerk that he was to search the records to see if any renumeration was given Mr. Leiseke for land deeded to the City during LID #64. Also stated that he was somewhat staggered by the price tag on the sewer study proposal by CH2M, and suggested that the City contact some other firm for a comparison cost estimate. The feel- ing of the Council was that a committment has been given to CH2M. The attorney stated that there is no committment until the contract is signed. Council agreed that both Phase 1 and 2 should be completed. Meeting adjourned at 10:45 P.M. on and carried. motion by Geiger, seconded by Grable Clerk Mayor Port Orchard, Washington June 11, 1973 Council of the City of Port Orchard, Washington called to regular sess- ion by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell Geiger, Monteith, Berg and Grable. Van Zee excused. Also present: Chief Dow, Attorney McCluskey, Engineer Knobbs and Fire Marshal Erdahl. Minutes of meeting of May 29, 1973 approved as circulated on motion by Caldwell, seconded by Grable and carried. As this was the time for the hearing by the Council on the application of Mayer Built Homes of Colorado, Inc., for a Special Use Permit to construct a multi -family unit development on 10j� acres of land north and west of the Baptist Church between Sidney and Pottery Streets. Chairman Mikelsen informed the Council of the time and effort exerted by the Planning Commission and of the full cooperation received from the applicants. Mayor asked for input from the audience. Clerk read minutes of the Planning Commission for May 21, 1973 indicating approval and recommending that the Council approve the request for Special Use Permit. Clerk read impact statement prepared by the City Engineer which takes into consideration the long as well as the short range effect upon the environment, the esthetic viewpoint as well as drain- age, water availability and sewer availability and stated that this impact statement is of a negative nature and that there will be no major effect on the environment. Council, after careful deliberation and review, approved the recommendations of the Planning Commission and granted Mayer Built Homes of Colorado, Inc. a Special Use Permit to construct a 1t ® unit multi -family planned unit development in the area north of the Baptist Church and west of the Baptist Church between Sid- neyand Pottery Streets, on motion by Fulton, seconded by Caldwell and carried. Donald Burr, architect for School District #402, Business Manager and Superintendent, presented schematic plan of Givens School proposed re- modeling and playgrounds layout. Also discussed the attitude of the State relative to the through street (Spokane) dividing Block 7 and Block 6, Pottery Addition to Sidney, in that the State is concerned that at a later date when there are new Councilmen and ideas change as to priorities, that unless the street is vacated or some other assurance is given the time may come when Spokane Street may be opened to through traffic. It appears that unless this assurance is acquired there will be no State matching ($300,000.00) available for the renov- ation of Givens School or playgrounds. Council advised that there should be access for fire equipment and police traffic as well as util- ity service. On motion by Geiger, seconded by Grable and carried, Council agreed that barricading of Spokane would be acceptable and that the in tent of the Council is to give tentative cooperation to the School Dist- trict to proceed with the plans for State matching and renovation of Givens School and playgrounds. Mr. Joe Weigel, Head Sanitarian for the Kitsap County Health Department reported that there must be speedy decisions made as to completing the County Solid Waste Agreement in that application has been made for plan- ning funds for the 1973-74 year in the amount of $55,000.00, 1974-75 $322.000.00 and 1975-76 $320.000.00. The funds are from the Washington Futures and will be on a 50% basis. It appears that this project comm- ands a place within the six top projects. Council will set date for discussion on this new agreement. Harry Keesman of Kitsap Street requested permission to hold a street dance on Kitsap Street between Seattle and Rockwell on June 16, 1973 in the evening. Council denied the request as it would create traffic problems, would disturb the adjoining residents and would set precedences for future requests. Frank B. Watkins, speaking for the elder citizens of this community, requested the Council to finance the Edler Crafts Store on Bay Street for a manager. The store is an outlet for crafts constructed by the elder�y and sold for them. They have about 4,000 items in stock, they workaabout'25% profit margin and about $5,000.00 has been returned to those supplying the store. Also stated that there will be approximately June 11, 1973 Page TWo 4-� million Federal dollars available for multi -service centers and that their organization is working toward such a project in this area. Matter referred to Finance Committee. Petition from residents in the area of West Street, between South and Melcher, requesting speed bumps be placed in West Street referred to Street and Alley Committee. Buck Gehring presented the Council with a proposed commercial develop- ment on his approximate 14 acres abutting Highway #160, across from Plisko Lane, and requested a feeling from the Council as to whether or not the Council would favor the annexation of this property to the City. All members indicated yes. Mr. Gehring was informed that water is a scarce item at this time and that the Council would consider this when the request for annexation is submitted. Mr. Gehring stated that only a small portion of the complex would be completed within the next two years. Mr. Gehring also stated that he would contact the other two property owners in that area as to annexation and that if favorable, the petition include all property bounded on the North by Highway #160 and on the East by Lincoln and on the West by the existing City Limits. Clerk held drawing for Position Numbers for the forthcoming primary Election and the numbers were assigned as follows: 1. COUNCILMAN Held by: Lloyd Berg 2. COUNCILMAN William Monteith 3. COUNCILMAN William Van Zee Councilman at Large Jack Grable ]Letter read from Avery Wells, Land Resources Planning Section, re: open burning. Request from Port Orchard Kiwanis Club to have Kendall Street Hill, from Sidney to Cline blocked off on July 4, 1973 from 9:00 AM to 2:30 PM was read to Council. On motion by Cadlwell, seconded by Geiger and carried, Council approved the request. On motion by Geiger, seconded by Caldwell and carried, Council approved Ordinance No. 919 which authorized the Mayor to appoint the Treasurer Clerk and Attorney, with confirmation of the Council by a majority vote of not less than five (5) Councilmen and that the Mayor may remove the Treasurer, Clerk and Attorney with confirmation by the Council of not less than five (5) votes of the Council. Engineer reported: 1. A tentative meeting has been set up with Ford Motor Company and Howe Ford to discuss the motor expenses of the packer. 2. City crews are in process of smoking sewers. 3. CH2M would like to meet with Council some Wednesday evening on their proposal. Engineer will attempt to set a meeting on Thurs- day, June 14, 1973 in the evening at 7:30 F.M. 4. Reported that the overhaul of the old sweeper would be more than had been anticipated and that he has been told of a later model for sale at about $4,000.00. Would like to take the Chairman of Street Committee and look into this machine. Council approved the request. 5. Reported that Mr. Weller of the Bremerton Water department informed him that the City of Bremerton should not pursue the re -negotiations with the Navy on water rates, but should consider the industrial rate of the Hospital and from that come up with a rate for Port Orchard. 6. Reported that the sewer line on Pottery is being re-routed. 7. Contact has been made with the residents of Sidney between South and Melcher and no decision as yet has been made as to mode to June 11, 1973 Page Three take on installation of sewers. 8. Reported that the estimate to paint and sandblast the roof, sandblast and spot paint below that cat walks, would be approx- imately $3,500.00. On motion by Caldwell, seconded by Monteith and carried, Council authorized the Engineer to prepare and call for bids. Attorney McCluskey reported that a meeting is being arranged between the attorneys, engineers and possibly a commissioner of Sewer #5 and the City to discuss the basic facts of the problem and to arrive at a common ground for future discussions. Also informed the Council that the responsibility for safety of the public from accidents relative to the downtown marquee are those of the City. That an agreement should be prepared for the property owners downtown placing the responsibility upon the owners and to do repairs and maintenance for possible hazards. Insurance is such that if a hazardous condition exists and the City is aware of the conditions, it is the responsibility of the City to see that the condition is corrected. Engineer will control the overhanging brush along the sidewalks within the City. Engineer will investigate the possibility of renting a brush chipper. Clerk read the following bills: Current Expense, $14,193.01; Water $830.17; Street, $1,317.13; Sewer, $670.69, Park, $942.70; Garbage, $1,430.19 in the total amount of $19,383.89. On motion by Grable, seconded by Caldwell and carried, Council approved the bills be allowed and that Vouchers #9198 through 9256 be paid and that May payroll in the amount of $27,968.25 be allowed. Meeting adjourned at 11:30 P.M. on motion by Grable, seconded by Monteith and carried. C%C Clerk ;1. 1- Mayor Port Orchard, Washington May 29, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Caldwell, Geiger, Berg Monteith, Van Zee and Grable. Councilman Fulton Excused. Also present Engineer Knobbs, Chief Dow and Attorney McCluskey. On motion by Monteith seconded by Grable and carried, Council approved the minutes of May 14, 1973 as circulated. At this time Mayor Powers recognized Mrs. Bowden, Queen Mother of the State Little Britches Association who introduced Queen Sandy Flowers of Roy, Washington and the three Princesses, Donna Erikson, Port Orchard Terri Corey, Port Orchard and Susan Farmer of Bremerton, The Queen spoke to the Council relative to the Little Britches Rodeo which will be held June 15, 16 and 17 in Puyallup, Washington. The Queen and her Princesses then passed out complimentary tickets. Mrs. Rood, 1314 Sidney stated that she had read that the City was going to reconstruct Sidney Street from Melcher to Tremont and that the seven or so families who live in that area are desirous of obtaining sewer service. Matter referred to engineer to inform the residents of pro- cedures and costs. Robert Gehring presented a schematic drawing of the development he is in the process of developing to the Council. He indicated that possibly he would approach the Council at a later date for annexing to the City. Clerk instructed to send certified letter to the South Kitsap School District #402 informing them that a dangerous condition exists because of a broken and uneven sidewalk fronting Givens School and that the sidewalk shall be repaired. Robert Joslin (C. A. Hanks Insurance Co.) reported to the Council as to how and why the third year premium of the City's Insurance costs increased a -proximately $2,200.00. Stated that whenever the company pays claims in large amounts the premium is based on the loss experience. On motion by Monteith, seconded by Caldwell and carried, Council approved the pay- ment of the City's insurance coverage in the amount of $9,644.00 (policy number CP-342797) for the period of Mayl, 1973 to April 30, 1974. Informative letter from Interagency Committee for Outdoor Recreation suggesting that the City send a representative to the hearing on Wed- nesday, June 30, 1973 at Pullman on City Project Tremont Street Park and Playground for acquisition funds was read. Councilman Van Zee reported that the Committee and the Park Commission met with Mr. Robinson, Principal of Givens School and that there is not the need for as much area as was previously indicated. Also that the architect will prepare a map showing the proposed play areas, their proposal in the area of the roadway west of the school and whatever else is intended to be completed. The application of Cascade Natural Gas Company to install cathodic pro- tective devices in Sinclair Inlet north of Harrison Street referred to Engineer. Letter was read from Mrs. Helen Perovich, Tucson, Arizona offering her property (Lots 1 & 2, Block 7, Wheelers Addition) to the City if they wished to purchase. Letter was read from Economic Assistance Authority informing Council of change in Policy regarding application for Public Facilities Grants and/or loans. On motion by Monteith, seconded by Van Zee and carried, Council approved the list of holders of liquor licenses within the City for renewal effective July 1, 1973 and Clerk was instructed to notify the State Liquor Control Board. On motion by Caldwell, seconded by Grable and carried, Council approved the passage of Ordinance No. 917 amending the Fire Code. May 29, 1973 Page Two On motion by Caldwell, seconded by Van Zee and carried, Council approved the passage of Ordinance No. 918 amending the Traffic Code by placing a two (2) hour maximum parking within the City where there are parking meters. On motion by Van Zee, seconded by Caldwell and carried, Council approved the summer rates effective June 1, 1973. (water) Chief Dow reported that Sargeant Mares had completed a two (2) weeks supervision course. On motion by Caldwell, seconded by Geiger and carried, Council approved that the Police Chief and the City Clerk work out a schedule for the payment of $115.00 owed the City by Patrolman Benton for additional pre- mium on the City's liability coverage. Monteith, Grable and Berg voting no. Tie was broken in favor of the motion by the Mayors vote in the affirmative. Mayor informed the Chief of Police that if there would be no fault found by the City or otherwise in the event of accidents by a patrolman with City equipment, any additional premium would be paid by the City. Engineer reports: 1. Engineer and sewer forman met with CH2M and discussed the City's sewer problems. Supplied the firm with sewer maps and a copy of the sewer ordinance and informed Council that there would probably be some further report from the firm by the next meeting. Also that the cost of the survey would be about $6,000.00 2. All the manhole covers have been raised and the City will probably start the smoking of sewer lines next week. 3. The cost of the curbs and sidewalks on the proposed reconstruction of Sidney from Melcher to Tremont would be about $6,200.00 more if concrete is used. Possibly the City could rent the forms and do this portion of the job with city crews. Also the prospectus for the above project is about finished. 4. Reported that at this time there has been no meeting with the Navy by Bremerton Commissioners relative to price range on water. Stated that we should probably build the two million gallon reser- voir and that we would be able to meet the City's needs until such time a contract could be negotiated with the Bremerton water works or the City decides to sink a well. 5. Reported that the sewer main at the south end of Pottery is being rerouted. 6. Reported that the plans for the remodel and additions to Cedar Heights Junior High School as prepared by Don Burr, architect for the School District is as good a set of plans as he had ever seen. Councilman Van Zee was excused from the meeting on June 11, 1973. Also will contact the National Guard Unit relative to installation of the teeter totter and swings at Tremont Park. No further progress on shleter. Clerk will get an appraisal on the value of the property under discussion for possible option to purchase in the Tremont area. Engineer and Chief will investigate what can be done as to parking in the area fronting the post office within the yellow lined area. Councilman Monteith stated that the barbeques should be installed as the season is here for this sort of activity. Van Zee and engineer will locate and mark the sites. Councilman Geiger stated that the City should put students on as street sweepers and use them as needed. On motion by Monteith, seconded by Geiger and carried, Council approved the engineer to use students as street sweepers whenever necessary. On motion by Geiger, seconded by Monteith and carried, Council approved the overhaul of the Sweeper. Engineer will get estimates as to the sandblasting and touch up painting on Kendall tanks. Meeting adjourned at 10:50 P.M. Clerk Mayor Port Orchard, Washington May 14, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger Monteith, Van Zee and Grable. Councilman Berg excused to attend his honeymoon. Also present Attorney McCluskey, Engineer Knobbs and Chiefs Dow and Weatherill. On motion by Monteith, seconded by Grable and carried, minutes of April 23, 1973 approved as circulated. Letter read from Mrs. Merilynn Erhart, Fathoms Carnival Chairman, request- ing permission of the Council to allow the Funtastic Traveling Shows to set up and operate from June 28, 1973 through July 4, 1973. The area requested is behind Jordan's Department Store and Parks Furniture. As in the past, the area set aside for the carnival excluded the area behind Parks Furniture and used all that area west of Frederick Street. Council- man Fulton will contact Mrs. Erhart relative to the additional area re- quested. On motion by Councilman Van Zee, seconded by Councilman Monteith and carried, Council approved the Mayor to sign on behalf of the Council, the contract between the City and the Interagency for Outdoor Recrea- tion on the City's request for funds for the acquisition of Tremont playground. On motion by Fulton, seconded by Caldwell and carried, Council approved the passage of Ordinance No. 915, amending the 1973 budget Ordinance #901. Letter from Deane C. Robinson, Principal of Givens Elementary School read to Council. Mr. Robinson informed the Council that it will be necessary to aquire additional properties for recreation and other allied items peculiar to elementary schools and that in order to receive state grants or matching funds for remodeling, the formula of five (5) acres must be available for the school plus one (1) acre for each one hundred (100) students. The letter requested the Council to release the area West of the school and extending to the Active Building, and between Kendall and Sroufe for the use of the school, and that a binding agreement is necessary. In accordance with HB 359, public schools are now permitted to use facil- ities for adults and youths on a year around basis and this is anticipated at Givens. It is anticipated that the remodeling of Givens will increase the enrollment from 600 students to about 750 students. On motion by Fulton, seconded by Grable and carried, Council referred the matter to the Park Committee to meet with Mr. Robinson and prepare tentative agree- ment for recommendation to the Council at the next meeting. Monteith opposed. Dave Richlen, President of the Downtown Merchants Association, spoke on behalf of the Association and stated that they were in favor of a max- imum two (2) hour parking in the downtown area as long as the courtesy nickels are not discontinued and recommended that the two (2) hour max- imum parking include the courtesy ticket. On motion by Grable, seconded by Fulton and carried, Council approved the Traffic Ordinance be amended to reflect a maximum of two (2) hours parking on all parking meters in the downtown area, with the exception that at the intersection of Bay and Sidney and the intersection of Frederick and Bay, there will be two 15 (fifteen) minute meters at each corner making a total of 16 (sixteen) 15 (fifteen) minute parking meters at the two (2) intersections. Resolution No 1123 declaring an emergency, and requesting the Urban Arter- ial Board to change the priority rating of Port Orchard Boulevard from item #8 to item #1, on the six year plan. Adopted by the Council on motion by Caldwell, seconded by Grable and carried. Monteith opposed. Clerk informed Council of the increase in the current liability billing from SAFECO, City's Insurance carrier, of about $2,400.00 which resulted from claim reserves, increased payrolls, new equipment, more streets, and May 14, 1973 Page Two entering into the sanitation business. Council requested that the agent (Robert Joslin) attend the next Council meeting on May 29, 1973 and inform the Council of the items listed above. Also a surcharge in the amount of $115.00 was included in the current billing due to the driving records of Officer Benton of the Police Department. Clerk asked Council what action should be taken, such as, should the City pay this surcharge or should the officer be required to pay the additional charge as he is the one responsible for his actions. On motion by Fulton, seconded by Caldwell and carried, Council approved the motion of Councilman Fulton that the officer be required to pay the surcharge. Grable and Monteith opposed. Clerk read letter relative to AWC Convention on June 20, 21 and 22, 1973 in Spokane. Letter from Leonard Kruse, of the Law firm of Shiers, Kruse and Roper relative to the bill submitted to the Annapolis Sewer District #5, by the City for sewerage routed through the City of Port Orchard's sewer main and ending up in the City's treatment plant. Letter stated that the bill in the amount of $59,063.75 is denied, and that the District is able and willing to meet with the Council at any time to discuss the problem, as in the opinion of the Sewer District, the City had misinterpr- eted the sewer flow. Engineer explained that in October, 1967, an agree- ment was negotiated between the City and Annapolis Sewer District, whereby the sewage which could not be routed to the District #5 plant would be processed by the City of Port Orchard and that those 80 or 90 customers were the ones in the Retsil area. Also, that the City would be reimbur- sed at the rate of $1.50 per month. Also, on the sewer as -built plans of the City, the existing 15" line which was to carry the Retsil sewage to the City treatment plant would be blocked off in order that the sewage from the East Port Orchard area would then be routed to the Retsil plant and not to the City of Port Orchard Plant. It appears that either the 15" line was never blocked off or at a later date the line was unblocked by the Annapolis Sewer District. In that the City has no knowledge as to when the 15" line was reopened, it followed that the billing for sewer treatment, as noted within the agreement, would begin in the month of November, 1967. Engineer also informed Council that a Mr. Bishop had informed him that a temporary block would be installed. Council, on motion by Geiger, seconded by Monteith and carried unnanimously, approved the Attorney to proceed with obtaining an injunction to force the Porma- nQpt-_blocking;of the_, l5" line. On motion by Caldwell, seconded by Grable and carried, Council author- ized the Mayor to sign Ordinance No. 916, amending Ordinance No. 893 as it pertains to stairway access to exit door. Monteith opposed. Petition for vacation of portions of Sweany and Taylor Streets by Vernon Lieseke of P. O. Box 217 continued in Street and Alley committee. On motion by Caldwell, seconded by Fulton and carried, Council approved the recommendation of the Street and Alley Committee to not vacate por- tions of Barry Street, which extends westerly from Sidney to West Street as requested by Mr. Culley. Clerk will inform parties. Council approved the sending of three firemen to Ellendsburg for Fire Investigation School on June 21, 1973 for the approximate cost of $270.00. Chief Dow informed Council that the HB 711 gambling bill will become effective July 16, 1973. Engineer reported on the following: 1. About 50 manholes have to be raised that are covered with blacktop. 2. CH2M engineering firm will meet with the Engineer on Friday, May 18, 1973. 3. On motion by Monteith, seconded by Caldwell and carried, Council approved the re -construction of Sidney Street from Melcher to Tremont in the approximate amount of $30,000.00 from Arterial Street Fund. This will include pre -leveling, preparation and Ma 14 1973 P46 q�hree resurfacing. Will also include two (2) eleven foot (11') lanes with sidewalk on the West side. 4. Reported that the application now in for Washington Futures (finding) for the Water Improvement Program may be used if the Kitsap County P.U.D. agrees to assist the City on the transmission line and 2 million gallon reservoir connecting with the Bremerton system at Gorst. 5. Will meet with the Sewer and Sanitation Committee to investigate and determine what course to take on the break in the by-pass line at the treatment plant. 6. Met with other government officials; Health Department Sanitation Engineer and Department of Ecology representative relative to solid waste. Informed Council that it would be impossible to meet the restrictions required to operate a sanitary fill, that a new permit system is being instituted and that our application must be in Olympia by June 10, 1973. Councilman Van Zee reported that the Fair Board would like to borrow the portable bleachers at Givens playgrounds for the County Fair this season. Request approved on motion by Caldwell, seconded by Monteith and carried, providing there is no conflict with Little League and Babe Ruth League. Councilman Monteith informed Council of his feeling that the Humane Soc- iety is not enforcing the Animal Control Ordinance and that the City should stop all further contributions to the Society until some enforce- ment is in evidence. Councilman Geiger requested that something be done about the high seating manhole at Seattle and Bay. Also, the City should consider purchasing those lots between the five acre tract owned by the City on Lund Avenue and Blackjack Creek. Councilman Caldwell reported to Engineer that the sidewalk fronting Mrs. Cohens property on Cline Street at the intersection of Dwight is break- ing and settling. Engineer will investigate. Councilman Fulton requested to be excused for the May 29, 1973 meeting as he will be on vacation. Request approved. Clerk read the following bills: Current expense, $5,888.53; Water, $2,428.21; Street, $5,978.11; Sewer, $2,291.14; Park, $1,426.48; Garbage, $405.10; Water and Sewer revenue, $1,100.00 in the total amount of $19,517.57. On motion by Caldwell, seconded by Fulton and carried, Council approved the bills be allowed and that Vouchers #9102 through #9188 be paid and that May payroll in the amount of $25,735.89 be allowed. Meeting adjourned at 11:45 P.M. on motion by Grable, seconded by Fulton and carried. L G �� Clerk -1 + Mayor Port Orchard, Washington April 23, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Berg Geiger, Monteith, Van Zee and Grable. Also present was Engineer Knobbs, Attorney McCluskey, Chief Dow and Fire Chief Weatherill. On motion by Monteith, seconded by Grable and carried, minutes of April 9, 1973 approved as circulated. Mr. Adrian Carr of 437 Tracy No. asked the Council if they would inform the public of the responsibility of owners of pets in their control. Mr. Carr stated that the purchase of a pet license is not a privilege, but a responsibility. He noted that many people have more than the three which is the maximum for any residence as stated in the Animal Control Ordinance. Councilman Fulton stated that some type of notification should be given the public to accomplish the above. Clerk will see that the news media receives the information and will publish those items which were changed on the last amendment and also prepare a handout to be given to the public as they purchase their pet licenses. Clerk read the minutes of the City Planning Commission of April 12, 1973 indicating that a Public Hearing was held on the application of D. Alson Vander5taay et al, for vacating a portion of Cedar Street and that the Planning Commission, on motion by Williams, seconded by Hokanson and carried that the application be approved, and the recommendation for approval beforwarded to the City Council, subject to the eight conditions set forth by the City Engineer. Clerk read the environmental impact state- ment submitted by the City Engineer indicating that the statement is a negative declaration and that there would be minor action with insignificant impact on the environment. After considerable discussion and review of the documents presented considering the minor nature on the environment, the sewer, water, fire, traffic and drainage problems, Council on motion by Caldwell, seconded by Grable, carried and approved, Ordinance No. 913, vacating a portion of Cedar Street. Mr. Harry Balshuesman, 736 Bay Street protested the Council changing the parking on the North side of Prospect Street from all day to two hours, stating it was unfair to those living in the area. Geiger stated that there is a shortage of parking within the City and the best way to give the public parking availability is to eliminate the all day parking by employers and employees. Mr. Dan Hayden, representing the American Legion Post of Port Orchard, requested permission from the Council to install holders for flags on the support columns of the marquee. Engineer stated that this would be accept- able installation. Motion was made by Caldwell, seconded by Van Zee to approve the request. Fulton moved to amend the motion to include written permission from Port Orchard Development Corporation for the installation of the flag holders and motion seconded by Caldwell. On vote, motion to amend carried and amended motion carried. Councilman Geiger wants the q�5.ta>nof ownership of the marquee of either City or the Port Orchard Development Corporation determined. Attorney will review and report on the ownership. Mr. Ernest Schramm of 525 Sweany and Mrs. Harriet Norwood of Rt. 3, Box 436 addressed the Council relative to interest, concern, cooperation and participation in "Our Next Step" on the Community Development Program and requested that the Council go on record and give support for this program. Request approved by Council on motion by Monteith, seconded by Berg and carried. Letter from Mr. Dan E. Culley, 1316 Sidney requesting vacation of a portion of Berry Street which lies south of and abutting the Culley property. Referred to Street and Alley Committee with the assistance of the City Engineer. Letters from Mrs. Helen Hill, 1069 Hill Avenue and Mr. Robert McIntyre, 1067 Hill Avenue requesting annexation to the City. Clerk will write a letter informing them that their property is included in a petition for April 23, 1973 Page Two annexation that is being processed by Mr. Marvin Petite. Clerk informed Council that the notice of application for Shoreline Management Substantial Development Permit of the application of Mr. Herbert J. Theisen, et al, for the purpose of installation of a sewer system in the area of 116 Bay Street had been published as required by law and that the thirty day waiting period had expired on 14, April, 1973 and that the City Council should review the application and either allow or deny the permit. Engineer's Environmental Impact Statement was read by the Clerk. The Health Department has indicated that due to ground pollution from septic systems, connection to sanitary sewer system is in order. Council consider- ed the application and determined that although the project would be of major action, no detrimental environmental impact is in evidence, existing storm water creek will bet.confined to a ditch to preclude continuous erosion of garden area, there will be no change in the topography from that which is existing, that there will be insignificant effects and that the impact declaration is of a negative nature. On motion by Monteith, seconded by Fulton and carried, Council approved the permit. On motion by Caldwell, seconded by Grable and carried, Council approved Ordinance No. 914 amending Ordinance No. 715 and 873, ;NO increasing the accumulative sick leave to sixty from thirty days. There will be a meeting at 7:30 P.M. in the Council Chambers April 30, 1973 of the Council and the Kitsap County P.U.D. for the purpose of discussing financial assistance relative to a new well and/or transmission line to connect with the Bremerton Water System at Gorst. On the same evening the Council will revi-ew the guidelines prepared by the City Engineer for the implementation of the Sewage Improvement System. The guidelines serve two purposes: (1) Familiarize the Councilmen with the steps necessary to conduct this improvement. (2) Give Councilmen necessary information to be able to discuss phases as to schedules, cost breakdowns and other items when terms and conditions and methods are discussed with the proposed consulting firm for the sewage improvement system. Councilman Caldwell asked if the City was covered by liability insurance on students or others not associated with the City while riding in City ve- hicles. Clerk will check with insurance carrier. Engineers reports: 1. Has not received the Plans on Bethel Avenue Traffic Con- trol from State. 2. Motor has been installed at the treatment plant and is running. 3. Harrison Street water line completing the loop is finished. 4. Work is progressing on the widening of Sidney from Melcher South. Will install a stop line on Meicher. 5. Informed Council that there is no sewer lateral to the Log Cabin on Sidney. 6. Motor on Michigan loader went out. It is being repaired at a cost of about $600.00. 7. Informed Council that Roland & Roland have indicated they are going to begin on their project south of the City. Chief Dow requested permission to spend $138.00 for the "Criminal Law Reporter" service with weekly supplements. Request approved on motion by Monteith, seconded by Grable and carried. April 23, 1973 Page 'Three Attorney informed Council that Mr. Green had retained another attorney. Geiger asked attorney if it would be proper to meet with the Port Orchard Development Corporation and arrange, if possible, a settlement with them. Attorney replied in the affirmative. Councilmen Geiger and Monteith will arrange a meeting with them. Van Zee reported of the trip to Olympia relative to the review of City4.s application for grant monies. The review was with the Interagency Committee for Outdoor Recreation. Also brought the Council up to date on the con- struction of the Shelter at Givens. Stated that those people who are vol- unteering their service for this project should be congratulated. Fulton reported of a hazzardous condition near the old apartment house on Kitsap Street. Appears that a railing is needed. Engineer will investigate. Geiger reported of a possible broken sewer line on alley near the intersection of West and South Streets. Engineer will investigate. Mayor informed Council of a Art Linkletter movie which will be shown at 7:30 P.M. April 27, 1973 at the Lutheran Church on drugs. They would like City officials to attend and indicate if the film should be shown to the younger groups. Letter from Senator Walgren regarding HB #444 read. Petition from Vernon Lieseke, P. 0. Box 217 requesting the vacating of a portion of West, Taylor and Sweany was referred to Street and Alley Committee. Engineer will contact Mr. Braaten relative to the status of the installa- tion of sidewalks on the North side of Prospect between Sidney and Frederick. Meeting adjourned at 11:25 P.M. on motion by Grable, seconded by Berg and carried. C1 e r k ' , ;'• Mayor Port Orchard, Washington April 9, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Geiger, Berg Monteith, Van Zee and Grable. Councilman Caldwell excused. Also present Engineer Knobbs, Chief Dow and Weatherill and Attorney McCluskey. On motion by Monteith, seconded by Grable and carried, minutes of meeting of March 26, 1973 approved as circulated. Jerry Bruckart, representing Sidney Galleries informed Council that they will celebrate the third anniversary of the Galleries on May 4, 5 and 6, 1973 and requested that the Council approve that the portion of Prospect between Sidney and Frederick be closed to traffic during this period. Chief Dow stated that the Loyalty Day Parade would be in progress start- ing at 11.00 and that it would be difficult to control traffic on that street with Bay St. closed. Fulton moved that the street be closed to traffic on Sunday and that on Friday and Saturday there would be restrict- ed traffic and reduced speed. Seconded by Geiger and carried. She also requested that the City allow Junior High School students who are going to assist in cleaning up the area west of the log cabin on Sidney, to use the dump on Friday, April 13, 1973, during the hours of 9:15 to noon. Engineer stated that the dump is closed during the morning but there would be someone there from 1:00 to 4:00 P.M. Mrs. Bruckart will change the time for the students to correspond with the City's time. She told the Council that there will be a no -host ceremony for Mrs. Hahn at 12:00 noon, May 23, 1973 in the Terrace Room at Myhre's and invited the Mayor and Councilmen to attend. The cost is $2.00. Nick Repanich reported that the Port Orchard Kiwanis are sponsoring Holy Week beginning May 16, 1973 and extending through May 20, 1973 and that the Kiwanis would like to hold an outdoor service on May 18 between the hour of 12:00 and 1:00 P.M. in the area adjacent to the totem pole. In that, the closing of traffic flow in this area would create additional traffic problems, Chief Dow suggested that the service be held in the area north of Bay street and extending to the crosswalk, and between the north end of Hannah & Powell and Myhres. The recommendation of the Chief was agreeable with Mr. Repanich and on motion by Monteith, seconded by van Zee and carried, approved by the Council. Chief will clear the area in the early forenoon and will hood the meters at 11:00 A.M. Mr. Repanich invited the Mayor and Council and informed them that the Sal- vation Army Band will be the music. Russ Noerenberg, Director of the South Kitsap Park and Recreation Dist- rict, requested the City Council to endorse the forthcoming bond levy of.00- 093 mills for park and recreation funds. Reported that of the $90.000.00 which would be received, $7,000.00 would be spent to clear up formation costs and election costs incurred in the past and that administration costs for the next two years would be $26,000.00. Acquisition of prop- erties would be $24,000.00, that $4,500.00 would be allocated for the City of Port Orchard and the balance would be used for operation and improvements. On motion by Van Zee, seconded by Monteith and carried, Council gave full support for the levy. Russ reported that there will be a presentation of the levy April 18, 1973 at Marcus Whitman. Mr. Noerenberg requested the Council to block off either Kendall or Lippert Street on Sunday, July 8, 1973 for a soap box derby. Harry Balshuesman, representing the U.F.W. Post #2669, wanted to know what, if anything, is being done about the sidewalk on the north side of Prospect between Sidney and Frederick Street. The V.F.W. had their own members who would, and could, do a lot of their work. Mr. Braaten had contacted several of the property owners, but things have bogged down. Engineer reported that the firm of Schultheis and Maddock would not agree to the repairing of their sidewalk fronting their property. On motion by Geiger, seconded by Grable and carried, Council instructed the Clerk to write a letter to the above firm asking them to inform the Council within 15 days of what they are going to do. April 9, 1973 Page TWo Mr. Clarence Dahlke presented suggestion to the Council on correction of traffic problem in the area of the underpass and Plisko Lane and also in the area of Bethel and Beach Drive. Matter referred to Street and Alley Committee. Monteith reported that the Fire and Light Committee had investigated the complaint of the flood lights in Howe Motor Company used car lot blind- ing oncoming traffic and reported that the lights were not objectionable unless the driver looked directly into them. Mayor informed Council that there will be a joint meeting of all elected officials in the Council Chambers of the City Hall on April 18, 1973 to discuss the Solid Waste Agreement. Meeting time 7:30 P.M. Council was informed that the Mayer Built Homes will present their pro- posal to the Planning Commission on April 12, 1973. They will have slides and other items concernina their operation. Clerk read letter from IAC relative to a couple of items needed to com- plete the application for matching funds for the purchase of land for Tremont Park and Recreation Playground. The additional items must be completed and returned to the IAC review section prior to April 20, 1973. Letter from Charles Odegaard informing Council that the NAVY VIEW APART- MENTS has been accepted by the Keeper of the National Register of Historic Places. Application from the Port Orchard Lions Club for the remaining fire works stand was read. Council approved the application for the stand at 555 Bay street on motion by Monteith, seconded by Grable and carried. Letter was read by Clerk from H. 0. "Whitey" Domstad, Human Resources Day Parade Chairman, inviting the Council and other community leaders 6f this area to attend and participate in the Human Resources Day Parade which starts at 10:00 A.M. April 14, 1973 at the main gate of the Puget Sound Naval Shipyard. Mr. Joe Newbrey, Route 6, Box 132A, Port Orchard, requested Council per- mission to purchase a cedar snag in Black Jack area owned by the City. Offered to pay the City standard stumpage of 20%. On motion by Geiger seconded by Grable and carried, Council did not grant the request as the City may need cedar for park and/or City use in the future. Mayor Powers appointed Councilman Berg to the LEOFF Retirement Disability Board to represent the cities of Winslow, Poulsbo and Port Orchard. Council confirmed the appointment. On motion by Geiger, seconded by Fulton and carried, Council awarded the bid for the new dump truck to Hazelwood Buick Pontiac Company for a 1973 GMC Model #CM66413, Cab & Chassis, with dump box and equipment in accordance with the plans and specifications in the amount of $11,264.85 including sales tax. This was the low bid which met all specifications. Ordinance No. 910 (Setting the date on which proceedings shall be comm- enced to foreclose on delinquent Local Improvement District payments was approved by the Council on motion by Fulton, seconded by Monteith and carried. Ordinance #911 (relating to the public use of City Sewers and the vio- lations thereof) approved by the Council on motion by Fulton, seconded by Berg. Monteith opposed. Ordinance #912 (requirement for compulsory garbage) approved on motion by Fulton, seconded by Van Zee and carried. Chief Dow reported that Sargeant Mares has been entered in a supervision school, for the period of May 14 through 25, 1973 and that most of the costs would be paid from a grant. April 9, 1973 Page Three Engineer Knobbs reported on the following: 1. Cline street is now open. A broken sewer line was found in the street, and that the materials cost $400.00. Labor has not yet been computed. 2. Informed Council of a few items which will be considered at the hearing on the vacation of portions of Cedar Street on April 12 1973 at the Planning Commission meeting. 3. Has received no plans from the State as yet on the Bethel Y imp- rovement. 4. No further information on the used sweeper. 5. Insurance carrier for the City took depositions from both Les Knobbs and Les Helm relative to the Belcher Claim. 6. S & I Engineers doing the surveying for the Business General Complex on Bethel 7. Micro switches and relays went out on the water control system when the transformer blew up a few days ago. 8. New motor for the treatment plant is being installed. 9. The kitchen at the Active building is being left quite dirty and messy. Park men will check each morning and inform clerk of the conditions so that the parties responsible can be determined. 10. Clerk will prepare roster of users of the Active Club Building for the Council for the next meeting. 11. Quit claim deed for the easterly 10 feet of the Clevins property on the west side if Sidney has been signed and the widening of Sidney can now be started. Councilman Grable reported the findings of the Police Committee on the parking meter system as follows: 1. Reduce all downtown meters to one (1) hour parking. 2. North side of Prospect from Sidney to Frederick to 3 hour parking. 3. Two, 12 minute meters on each corner of the intersection of Bay and Sidney. 4. Two, 12 minute meters on each corner of the intersection of Bay and Frederick. 5. No Courtesy tickets. 6. Graduated ticket. $1.00 if paid within the first 8 hours. $2.00 if paid between 8 and 24 hours and $4.00 if paid after 24 hours. Requested Council to think about this until the next meeting. Councilman Van Zee reported that there has to be something done to keep horses and motor bikes out of both Central and Givens playfields. It was suggested that a turnstile be installed at Central, and Givens be posted at regular intervals completely around the area. Attorney will draft an Ordinance to enforce this action. Reported that the chances of the school district to get matching funds to remodel Givens School would be better if the school could show a larger area of playfields. The City may be approached to consider this. Also that the Mayor and Van Zee had met with the Army Reserve and that they would assist with the erection of the shelters on the 12th or 13th of May. The slab and plumbing must be completed and all materials should be available at this time. Mr. Robert Ryan is working with Van Zee on the project. Mr. Knobbs was instructed to give what time is needed to get preparations ready by May 12, 1973. April 9, 1973 Page Four Councilman Geiger reported that there are rose and blackberry vines hanging over and onto the sidewalk from the property south of the old postoffice. Owner is to be notified to clean this up. Councilman Geiger reported on problems of business loading and unloading heavy and bulky items at special times and suggested that the City Municipal Code be amended to allow temporary relief in these instances, such as the business notifying the police department when this will occur and they would hood the meter. Also that there should be a charge for this service. Geiger also stated that the existing portion of the Code relating to parking does not prohibit the feeding of meter and this also should be amended. Councilman Geiger moved that the following four (4) items be approved by the Council: 1. Downtown parking be limited to one (1) hour. 2. Signs be installed showing that one (1) hour parking will be enforced. 3. The 16, 12 minute meters be installed on each corner at the inter- section of both Sidney and Bay Streets and Frederick and Bay Streets. 4. That the Municipal Code be amended to prohibit meter feeding. Councilman Fulton stated that the Council has ideas by the dozen and is not sure what is going on. The downtown people like the courtesy tickets and he feels that the Council is not ready to move at this time. Geiger stated that the greater Chamber agrees as do those at the morning meetings that the courtesy tickets should be dispensed with. Monteith stated the theme is to move traffic and that the meters should be geared to this. On motion by Grable, seconded by Fulton and carried, Council tabled the above motion. Geiger opposed. Geiger moved that the parking time on the North side of Prospect between Sidney and Frederick be reduced to three hours, seconded by Van Zee. Motion lost with Monteith, Grable, Berg and Fulton voting no. On motion by Monteith, seconded by Fulton and carried, Council approved two (2) hour parking on the north side of Prospect between Sidney and Frederick. Councilman Fulton requested the Clerk to write to both Mr. Martens and Jesus Name Assembly of Council action on garbage service charge. Councilman Fulton reported that the Student Government Day would be April 23, 1973, and wanted to know that the Council thought about meeting with the students for lunch and/or having the students go to the respective business places to discuss Council procedures. Also meet at the Council Chambers at 6:30 P.M. on the 23rd and have the students have a mock Council with the Councilmen acting as the audience. Clerk instructed to check with insurance carrier relative to Comprehensive coverage. On motion by Monteith, seconded by Berg and carried, Council approved the firm of CH2M to be the Cities Consultant for study of Secondary treatment, storm/sewer separation and regional or local control. Grable opposed. Geiger stated that a Street plan is needed and that the Council should consider retaining a consulting firm for this purpose. Clerk read the following bills: Current Expense, $7,483.52; Water, $992.34; Street, $2,851.98; Sewer, $4,014.30; Park, $208.90; Garbage, $1,007.42; WA & SW Revenue $424.35; Arterial St. $24.34; and those bills drawn March 15 and 29, 1973 in the total amount of $19,061.98. On motion by Geiger, seconded by Grable and carried, Council approved the bills be allowed and that Vouchers #9020 through 9101 be paid and that March payroll in the amount of $25,077.43 be allowed. On motion by Grable, seconded by Van Zee and carried, meeting adjourned at 11:45 P.M. ,1 ��L �Z-. Clerk Mayor Port Orchard, Washington March 26, 1973 Council for the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton Caldwell, Geiger, Monteith, Van Zee, Berg and Grable. Also present were Chiefs Dow and Weatherill, Supt. Knobbs and City Attorney McCluskey. Minutes of March 12, 1973 Council meeting approved as circulated on motion by Monteith, seconded by Caldwell and carried. On motion by Caldwell, seconded by Fulton and carried, Council approved the request of Mrs. Fred Dengler of the South Kitsap Junior Women's Club to set aside April 28, 1973 as "Clean Up Day" and suspend the refuse fee at the sanitary fill during the hours of 10:00 AM to 3:00 PM. Mrs. Dengler was informed that no items such as reefers, stoves or other similar items will be allowed. On motion by Monteith, seconded by Van Zee and carried, Council approved the requests of the South Kitsap Pee Wee Association and the South Kitsap Music Boosters to sell fireworks during the Fourth of July at West Bay and Hi -Jay Bowl respectively. There is one more permit available and will be allocated to whomever requests permission first. The request of Clarence Dahlke that something be done about the hazardous condition created by the flood lights on Howe Motor Co. sales light, was referred to Fire and Light Committee. Clerk informed Council that the application for Shoreline Substantial Development Permit by Alson D. VanderStaay is now ready for hearing and the Notice of Publication was published on January 24, 1973 and also an Environmental Impact Statement had been prepared. Council considered all factors, heard the City Engineers evaluation of the project, indicating that the project would be classed as minor action with insignificant impact on the environment,and on motion by Fulton, seconded by Berg and carried, approved the issue of the Shoreline Permit. On motion by Caldwell, seconded by Van Zee and carried, Council approved the request,of the Fathom's of Fun for a permit to hold a "Jeep Play Day" on the property of Robert Roland, lying within the City limits in the area west of the west end of Sherman Street, June 31, July 1, 1973. Council was informed that there will be sufficient Sani-cans and that all policing up of the premises will be done by the group. It is esti- mated that there may be as many as 500 members and as many as 3,000 to 4,000 visitors. The City will furnish containers for refuse and the City would, if necessary deploy City patrolmen to control the traffic on City Streets. Clerk read letter informing Council of a Seminar on Infiltration/Inflow to Sewer Systems. Letter read relative to Corps of Army Engineers Workshop at Seattle Center on April 3, 1973 on West Coast Deepwater Port Facilities. Letter read on application of Port of Bremerton for permit to construct a small boat marina in Sinclair Inlet at Port Orchard, from the Corps of Engineers requesting that all comments be mailed prior to April 16, 1973. Letter read by Clerk from Port of Bremerton to Corps of Engineers relative to the small boat marina. Clerk informed Council that the Boundary Review Board will hold a hearing on the Boyer request for annexation at 7:30 P.M. March 29 ,173 in the County Courthouse. The reason that the review procedures were not dis- pensed with in this case was that the Commissioners fo Fire District #7 suggested to the Review Board that this annexation would create an irregular boundary for the City. On motion by Monteith, seconded by Grable and carried, Council indicated a favorable stand on a petition to annex to the City, which will be March 26, 1973 Page Two circulated by Marvin R. Petite, Route 1, area which will be petitioned, would be the East by the existing City Limits; on and on the South and West by SR #16. Box 210, Port Orchard. The all of that area bounded on the North by Sinclair Inlet On motion by Monteith, seconded by Grable and carried, that the bill presented by Mrs. Hazelle Simmons for cleaning a sewer line on City property be paid from the Sewer Operational Fund. The claim for damages by Mr. Phillip Best, Attorney at Law, on behalf of Mr. Sam Belcher of 1339 Garrison Street, in the amount of $13,950.00 for damages incurred from the back up of the sewer system, was rejected by the Council and referred to the City's Insurance carrier, om motion by Monteith, seconded by Grable and carried. Clerk read comments of the Planning Commission in opposition to the application of Robert A. Gehring to the County for re -zone from R-7500 Multiple Housing to Business General. Council, after considerable dis- cussion, concurred with the comments of the Planning Commission and instructed the Clerk to forward same to the County Planning Director for consideration on March 27, 1973. On motion by Monteith, seconded by Caldwell and carried. Councilmen Berg, Fulton and Van zee voted no. On motion by Van zee, seconded by Grable and carried, Council approved the Police Chief to place the used copier on annual maintenance contract at a -cost of $155.00 per year. Monteith opposed. Chief Dow reported that the Loyalty Day Parade will be held on May 5, 1973 at 11:00 A.M. Engineer reported the following: 1. Contact was made with the County relative to repairing Cline Street and that a formal agreement must be completed. Informed Council that a patch job could be done for about $500.00. Council, on motion by Caldwell, seconded by Fulton and carried, gave approval that the City fix up that portion of Cline under discussion as reasonable as possible and the engineer and street committee will agree as to what shall be done. Grable, Van Zee and Monteith opposed. 2. Mayor, Engineer, Mr. Wade, Select Contractors and Bonding rep- resentative met to discuss the sewer main breakage on the Blvd. Bonding representative obtained all the information from all sources and will report his findings at a later date. The City expenditures on repairing the above amounts to $7,998.16. 3. No further correspondence from the State on the design for the Bethal traffic pattern. 4. Attorney will continue preparing the smoke ordinance for in- filtration of water into sewer lines. Attorney will also obtain the amendments for hte zoning ordinance to return to City. 5. Deed from the Clevens' for ten feet of property not signed as yet. This property is located on the West side of Sidney between Melcher and_Radey. 6. Clarence Hovde of the Little League stated that the break in the sewer line at the Little League restrooms is probably under the women's restroom.floor. 7. The cost of the material to restore the City's sweeper will cost about $2,600.00 and the labor would be another $1,000.00. The sweeper is about 20 years old. There may be a used sweeper available from N C Machinery for about $5,000.00. Will explore this further. 8. Mayer Homes Incorporated from Tacoma, Washington has submitted an application for a Special Use Permit to construct a 208 unit multi -family planned unit development, with swimming pool, re- creation buildings and with considerable green belts. March 26, jj973 Page Three 9. Two bids were received for a V6 dump truck. One from Hazelwood Buick and the other from Swanson Chevrolet. The GMC bid was $11,216.85 and the Chevrolet was $11,532.68. Both bids either met specifications or exceeded them. Both bids were referred to Street and Alley Committee for their recommendation. Attorney and Clerk will confer on whether or not convenience for service Ors local seller could be a factor used in making the award. Chief Weatherill reported that the Fire Department had acquired a one ton pickup from the Civil Defense at no cost and that they will repair and convert it into an equipment van. Also, that he is going on a four day leave and to the Command School in Yakima and will be back in the City on April 9, 1973. Fireman Gadberry will also attend the Command School in Yakima. Councilman Grable reported that a meeting will be held at 7:30 P.M. Thusday evening in the Council Chambers, March 29, 1973 on possible change in the parking meter system. Councilman Van Zee reported on the Park Committee meeting where the main discussion was directed to the construction of the two shelters being planned for Givens and Central asiasis. Also that the South Kitsap Park and Recreation District is going to ask for one (1) mill in the forthcoming election on May 1, 1973 and that there will be about $4,500.00 available to be spent in the City if the Voters approve the one mill. Informed Council that the two shelters are the number one priority for this year. Stated that he may be able to get vandel- proof hardware from the County from the buildings that are being re- modeled. Monteith stated that the shelters will probably cost between $2,500.00 and $3,000.00. Councilman Van Zee will contact Mr. Robert Ryan as to estimates. Informed Council of the possibility of students and young people planting ivy on the slopes along the Blvd. Councilman Monteith reported on a meeting with Robert Siegfried, local manager for the Puget Sound Power and Light Company, relative to the lighting system within the City. Stated that there are several areas where corrections should be made, such as relocating and updating, and suggested that revenue sharing funds be used. Monteith will prepare a l$st of those which he feels need correcting. Clerk informed Council that the light (street) budget is now being overspent and with the present burden there will have to be additional funds by emergency ordinance before the end of the budget year. The suggestion was made as to the possibility of eliminating lighting on the Blvd. / Councilman Geiger reported on a Finance meeting and informed the Council that the addition requested for the library could not be constructed at this time as there are other items of a much higher priority. Suggested that of the 1972 Revenue Shared Funds ($52,700.00), $40,270.00 should be h used to repay Arterial Street Funds for funds loaned to Garbage and which cannot be paid from the refuse service income. Also, that approximately $11,500.00 be used to pay for a new dump truck for the Street Department This would use all of the 1972 Revenue Shared Funds. Also suggested i that Engineer prepare a prospectus for the repair of Sidney from Melcher to Tremont. On motion by Geiger, seconded by Van Zee and carried, Council approved the use of the 1972 Revenue Shared Funds to purchase the new dump truck to pay off the indebtedness of the Garbage Fund, and `\to leave the 1972 Revenue Shared Funds invested for the next 90 days. Councilman Geiger also suggested that street repair costs should be shared by the residents and that a token charge should be assessed on the front foot method. Also, that the LID procedure could be used. When the costs of repair have been completed, a public meeting could be called to inform the citizenry of the program. Councilman Geiger also reported that the Finance Committee recommends that the Mayor appoint five (5) member Library Advisory Board, who shall search for some method of raising funds to pay for an addition to the Library. The City could come up with a token amount perhaps $1,000.00 to start the board on its way. Councilman Caldwell reported that there are cobwebs, and that the corners are not being cleaned in the Fire Chief's office. March 26, 1973 Page Four Councilman Fulton reported that some definite procedure should be pre- pared relative to service charge on disposal of refuse. Attorney re- quested to prepare an amendment to the Garbage Ordinance making the service charge contingent to the water use. Councilman Fulton reported that April 23, 1973 will be Student Govern- ment Day. They will have a mock Council meeting probably from 6:30 to 7:30 with the Councilmen seated as the audience, and then invite the students to attend the regular Council meeting if they so desire. The students will be in the City offices during the day. Meeting adjourned at 11:30 P.M. on motion by Grable, seconded by Caldwell and carried. Clerk s�,..�� Mayor ff rL LR L t%�c' 1 Ma Port Orchard, Washington March 12,1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Berg Van Zee and Grable. Also present, Chief Dow, Fire Chief Weatherill, Engineer Knobbs and Attorney McCluskey. On motion by Monteith, seconded by Caldwell and carried, Council approved the minutes of February 26, 1973 as circulated. Mr. Clarence Dahlke, Manchester Highway, presented a map to be used as an interim plan of the traffic flow in the area of Hi -Joy Bowling Alley, stating that his plan would not necessitate the removal of the triangle or of the flowers and shrubs within the triangle. Also presented a list of items that should be accomplished in conjunction with the map. Mayor accepted the plan and list and informed Mr. Dahlke that his recomm- endations would be considered and that there will be a public meeting for those parties involved when a plan has been designed to the satisfaction of the State, the parties concerned in the immediate area and the City. Mr. Herb Loop and Mr. Jerry Lyman presented several questions to the Council relating to the annexation of approximately 120 cares in the Ross Point area. Informed Council that they would like to develop this property and have had this under consideration for the last three years. They have in mind a Planned Unit Development and want to secure information as to charges for utility service, possibility of water, is the sewer line extending west from the City large enough to handle a development of this size and is the City interested in annexing this property? The two gentlemen were assured by the Council and Mayor that they are in accordance with this type of develop- ment and would work with them. Clerk read letter from the South Kitsap Music Boosters requesting a fire works permit to operate a booth this coming Fourth of July. On motion by Monteith, seconded by Grable and carried, Council approved Resolutions No. 1120 and 1121 authorizing the execution and delivery of Contract for Sewer Pumping Power by the Puget Sound Power and Light.Company. Clerk read a thank you letter from F.O.E. to City for the cooperation of the Police Department and City officials during their Eagles Zone Conference February 24 & 25th. On motion by Caldwell, seconded by Geiger and carried, Council rejected the claim of Mrs.Beatrice Jensen in the amount of $643.63 for sewer line breakage at 117 Farragut and referred the claim to City;s insurance carrier. Clerk read letter from South Kitsap School District #402 requesting the City to annex the High School area. Chief Dow opposed the annexation on the stasis that with short manpower, the increased load would place the City proper in jeopardy. Chief Weatherill stated that no Fire Chief in his right mind would assume the responsibility for the High School buildings as they are unsafe and a fire hazard. Monteith stated that the reason the school is coming to the City for police protection is apparently because the County could not handle the problems. Mr. Rill, representing Pendleton -Gilchrist Funeral Home stated he opposed annexation as the financial condition of the City is somewhat tight. Councilman Berg moved that the City annex the High School property. Councilman Fulton seconded the motion and Councilman Van Zee voted for the motion. Councilman Monteith, Caldwell, Geiger and Grable voted no. Motion lost. On motion by Van zee, seconded by Caldwell and carried, Monteith opposed, Ordinance No. 909 was adopted, providing for the issuance of $300,000.00 par value of its Water and Sewer Refunding Bonds, 1973, for the purpose of providing funds to redeem $300,000.00 par value of its outstanding Water and Sewer Revenue Bonds, 1969; fixing the date, form, denomination, maturities, interest rate, terms and covenants of such refunding bonds; creating a special account in the bond -.redemption fund to provide for the re- funding operation; providing for and authorizing the purchase of certain direct obli- gations of the United States of America out of the proceeds of the sale of such refund- ing bonds and for the use and application of the monies to be derived from such invest- ment; providing for the redemption on December 1, 1979, of the outstanding Water and Sewer Revenue Bonds, 1969; and providing for the sale and delivery of the refunding bonds to Terry Thompson & Co, of Seattle, Washington. March 12, 1973 Page Two On motion by Fulton, seconded by Caldwell and carried, Council approved resolution #1122 setting the date of hearing on the petition of Robert A. Gehring for the vaca- tion of portions of Cedar Street, for 7:30 P.M. April 16, 1973 in the Council Chambers of the City Hall, 216 Prospect Street. Set date of hearing of D. Alson vanderStaay's application for Shoreline Permit at the corner of Ray and Tracy Streets, in Section 25, Township 24 N, Range 1EM for March 26 1973 at 7:30 P.M. City Hall, on motion by Fulton, seconded by Grable and carried. At this time, a short recess was called by the Mayor, in order that the Discovery Club of the Camp Fire Girls could serve coffee and cake to the Mayor and Council and others attending the meeting. Mrs. Forrest Cobb is the leader and the girls serving were: Debra Freeland, Michelle Gresham, Teresa Cobb, Karanne Gonzales, Debbie Skalabrin, Earla Price and Janet Barth. This occasion was to celebrate the Camp Fire Girls 63 years of service. There will be a special meeting of the Council at 7:30 P.M. March 19, 1973 in the City Hall to discuss personnel matters of the City. This is not a public meeting and is not open to the public in accordance with the Cities interpretation of the Open Meeting Law. Councilman Monteith introduced Mr. Ferkerwicz, who showed the Council plans he was asked to prepare by Councilman Monteith for shelters for Givens and Central Park areas. The shelters contain 2,900 square feet. Mr. perkerewics will obtain rough estimates of the material. Council was informed that the gas company would run the lines into the areas where needed and also there is the possibility that students and/or young people generally could collect rocks that would be used in the exposed aggregate. Council took the position that there will be no further discussion on the Resolution from Sewer District #5 until a consulting engineering firm has been retained by the City and some direction is indicated by the firm. Clerk will write a letter to District #5 indicating that the only reason for delay is as stated above. Engineer reported: 1. No answer from County Engineer relative to restoration of Cline Street. 2. No further correspondence with the Ford Corporation. 3. Reported that the cost on the sewer line break in the 8oulavard would be in the approximate amount of $8,000.00. Also, Mr. West of Select Contractors was supposed to have been over. 4. Matter of parking lot continued. 5. Smoke ordinance continued. 6. Will prepare a prospectus for the restoration of that portion of Sidney running from the North side of Melcher to the South side of Tremont. Also have made agreement with the owners of the property near the intersection of Melcher and Sidney who will give a strip of their property from the Northerly corner on Sidney to the Southerly corner of Sidney if the City will replant a new hedge. The cost of the hedge will be about $300.00. On motion by Caldwell seconded by Grable and carried, Council approved the Attorney to prepare the agreement and the Mayor to sign on behalf of the City. 7. Requested Council give some thought to a new or used sweeper or repair the existing one. Engineer instructed to secure estimate to repair the existing one. There will be a meeting at 7:30 P.M. March 15, 1973 in the Council Chambers to discuss the recommendations of the downtown merchants and others who have suggestions for utilizing the meters in a better manner. Councilman Berg moved that the Engineer be instructed to repair as best as reasonable and possible, that portion of Cline Street now closed. Seconded by Fulton. Motion lost as four Councilmen voted no. Councilman van Zee reported that Mrs. Helen 11111, who resides on the West side of the City would like to annex to the City. Chief Weatherill gave a short talk to the Council explaining the training courses that the volunteers are taking, and of other items pertinant to the volunteers. Council questioned the payment to the Four County Air Pollution Control Agency and instructed the Clerk to withhold the warrent until further information can be obtained such as "is it mandatory" March 12, 1973 Page Three Councilman Fulton reported that the Water, Sewer, Health and Sanitation Committee should discuss the garbage ordinance and come up with a definite procedure equitable with every- one. Mayor informed Council that there will be a meeting at the SeaTac Motor Inn on March 31, 1973 lasting all day, with the Federal and State officials on a Human Resource Program. The cost will be $5.00. Clerk read the following bills: Current Expense, $6,508.24; water, $1,614.57; Street, $4,204.26; Sewer, $1,365.88; Park, $562.83; Garbage $1,641.74 for a total of $15,914.22. On motion by Grablei seconded by Fulton and carried, Council approved the bills be allowed and that Vouchers #8944 through #9019 be paid and that February payroll in the amount of $25,452.29 be allowed. Meeting adjourned at 10:50 P.M. on motion by Grable, seconded by Geiger and carried. Clerk je_ic Y A� ��z ? ; -- - Mayor Port Orchard, Washington February 26, 1973 Council of the City of Port. Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger Monteith, Van Zee, Berg and Grable. Also present, Engineer Knobbs, Chief Dow, Chief Weatherill and Attorney McCluskey. Minutes of meeting of February 13, 1973 approved as circulated on motion by Caldwell, seconded by Grable and carried. Mr. Donald Loop, 612 Dwight Street, informed Council that he has not been employed except for a five month period in the last two years,'_.a that he and his wife are living on $64.00 per month -ij food stamps, that he has no other source of income and that he can find no work. He is now in arrears on the utility charges of the City and the City Clerk has informed him that the utilities will be terminated. Requests the Council to give some assistance in extending the collection date of the utility charges and not terminate the utilities. Matter referred to Water, Sewer, Health and Sanitation Committee. Mr. Terry Thompson, Securities Consultant for the City explained to the Council a program which would result in saving to the City in the approx- imate amount of $42,000.00 in interest if the City issued Refunding Water and Sewer Revenue Bonds at an interest rate of 6 1/8 % to replace the 1969 issue of Water and Sewer Revenue Bonds now carrying an interest rate of 7 3/8%. The program would be as follows: Issue Advance Refunding Water and Sewer Revenue Bonds in the amount of $300,000.00 at 6 1/8% interest, and with the proceeds purchase $300,000.00 of U. S. Treasury Notes 6.5/8% due November 15, 1979 at a price of $301,000.00 plus accrued interest which would be placed in trust until their maturity date of November 15, 1979, at which time the proceeds would be used to redeem the 1969 issue of $300,000.00 Water and Sewer Revenue Bonds of 7 3/8% at a price of $102.50 on the first call date of December 1, 1979. After discussion and questions and answers the Council approved the program as outlined by Terry Thompson and on motion by Councilman Van Zee, seconded by Councilman Caldwell and carried, authorized the Mayor to accept the proposal on behalf of the Council. Monteith opposed. Minutes of the meeting of the Planning Commission of February 20, 1973 read by the Clerk. The minutes informed the Council that a public hearing was held and that the application of Mr. Dudley N. Perrine for re -zone from residential to business -general was discussed in detail. It was determined that the application complies with the general intent of the Port Orchard Comprehensive Plan and that the rezone will not adversely affect the environmental characteristics of the area and that parking, ingress and egress and traffic flow was considered. On motion by Comm- issioner Williams, seconded by Commissioner Hokanson and carried, the Planning Commission approve the application for re -zone and that a re- commendation of approval, as submitted, be forwarded to the City Council. After discussion on the recommendation of the Planning Commission, noting that the re -zone is in keeping with the Comprehensive Plan, in-depth study and discussion was held on the negative environmental impact statement prepared by the City Engineer in which the minor and major impact as well as the long and short range impact, the water, drainage, fire and traffic aspects of the area and the esthetics aspect were considered. The Council resolved that there was no appreciable impact on the environment and approved Resolution No. 1119 on motion by Fulton, seconded by Caldwell and carried. Monteith opposed. On the question of Councilman Geiger, "will the contractor or owner of the property above re -zoned assist the City in the installation of additional utilities or other items which the City may have to do because of this business center"? Engineer reported in the affirmative, that an impact statement will be furnished, that manholes, larger drain lines, sewer connection and water lines will be borne by the owner. Also that paving within the area as well as paving to the right/way of the highway. Letter from the Port Orchard Kiwanis informing Council of their endeavors in obtaining land in the Blackjack Canyon area, that they will develop a recreational area of foot trails and foot bridges in the area and will prepare picnic areas. They posed three questions to the Council as follows: February 26, 1973 Page Two 1. Will the Council accept these lands for the City? 2. Will Council request County to transfer any lands in their ownership to the City? 3. Will Council insure that no motor vehicular traffic and/or roads be planned for the Blackjack recreational area? On motion by Grable, seconded by Fulton and carried, Council instructed Clerk to write letter to Port Orchard Kiwanis indicating that all three questions are answered in the affirmative. Clerk instructed to send copies to Attorney and all Councilmen for study of the proposed Resolution prepared by the Annapolis Sewer District for entering into a joint agreement for sewer study to provide regional sewer service,- to construct secondary treatment plant and to authorize the retention of an attorney and engineer. On motion by Grable, seconded by Van Zee and carried, Council approved and adopted Ordinance No. 907, (Ordinance amending Ordinance No. 682, Chapter 7.04 Port Orchard Municipal Code, ANIMAL CONTROL, Ordinance No. 683, Chapter 7.08 Port Orchard Municipal Code, IMPOUNDING, and Ordinance No. 693, Chapter 7.12 Port Orchard Municipal Code, LICENSING), unanimously, to be in effect upon publication with the exception of licensing which will be put into effect July 1, 1973. Clerk requested feeling of Council relative to South Kitsap High School #402 request to annex to the City. After considerable discussion both for and against the matter tabled until next meeting on motion by Fulton, seconded by Grable and carried. Geiger, no. Mayor instructed Fire and Police Chief to present Council with facts and figures at the next meeting on this matter. At this time, Mayor powers reopended the Public Hearing of December 26, 1972 (which was recessed at that time to February 26, 1973) of the Vacation of a portion of Sherman Street lying between the North line of Lot 5, Block 3 and the South Line of Lot 6, Block 3, Sroufe's Addition. On motion by Caldwell, seconded by Berg and carried, Council approved the vacation. Attorney McCluskey reported that they were still working on an ordinance to cover the smoke program to locate where storm waters are being drained through the sanitary sewer lines. Chief Dow was instructed to check on the possibility of combining the maintenance contract on both of the 3M copy machines. Engineer Knobbs reported: 1. County Engineer Bullard will have to wait for the return of Commissioner Mahan before any commitment can be made on restoration of Cline Street. 2. There has been no further response from the Ford Division relative to the blown motor in the packer. 3. The broken planks at the drain near Kendall Street have been replaced. 4. Contacted Mr. Wade of Hammond, Collier and Wade and was informed that the contractor was in error and it is apparent that this is a neg- ligent act. Mr. Wade will write to Select Contractors and also to the bonding company relative to this matter. It appears that the contractor is responsible for all lines and utulities under the street. Also the Boulavard will be closed for about another two weeks. 5. Mr. Gene Twiner, who has purchased the Clear View TV Cable fran- chise requested from the Engineer permission to install a micro disk on the Sidney water tower. Engineer reported that this will not create any problems and suggested that there should be an annual rental clause in the new contract with Mr. Twiner. 6. Reported that the Superintendent of School District #402 had given him (Engineer) a conditional apology relative to regulating water use at Cedar Heights during the sewer break on the Blvd. Also informed February 26, 1973 Page Three Engineer that all requests of this nature should be addressed to him and not to principals. 7. Reported that the Nazarene Church is contemplating a 15,000 square foot structure on their property adjoining the Church. Engineer informed them that a special use permit must be obtained and that an environmental impact statement must be prepared, as this area is zoned residential. 8. Reported that a Company called Major Homes Inc., is contemplating a subdivision of possibly 120 to 130 residential units on the property south of Ridgement Terrace Nursing Home and a rezone to High Density would have to be approved. This should be allowed as there is sewer available and the original Low Density designation was placed on the area as at that time only septic tank systems were available. Also an environmental impact statement will have to be prepared. Councilman Caldwell reported that Barney Folden, a local cement finisher would be willing to do the finishing of the concrete at the two shelters being built at Givens and at Central playfields. Councilman Fulton reported that the case involving the City, Robert Green and the Downtown Merchants Committee is coming to a head and feels that the parties should get together and resolve this matter without going to court. There is only so much money available and the costs of a court case would exceed the amount of money that could be paid. Monteith re- ported that he still had the same hard line attitude as he has had in the past. Councilman Van Zee reported on the following: 1. Contact with the Little League relative to sewer repairs made but no further response from them. Mayor reported that he had made contact and that the matter will be taken care of in the immediate future. 2. Active Building has been painted and looks very good. 3. The thermostat in Room #2 of the Active Building has been running wild and registering temperatures of 1020. Russ Noerenberg will make the repairs. Councilman Monteith suggested that the Council renew their feelings on sprinkler alarm systems in view of the new proposed business center. Clerk read letter from the Port of Bremerton informing Council of the change in position on the Port Board. Letter from James T. Nerdin, Crane, Oregon requesting extension for the payments for two delinquent installments on LID #64, Sanitary Sewer read to Council. In that the law -.and the Ordinance are quite specific in the manner of handling delinquent LID assessments, the Council denied the re- quest and instructed the Clerk to notify Mr. Nerdin of their decision. Matter of County -wide Solid Waste Agreement continued. Tow truck and ambulance Ordinances continued. Exemption of garbage charges for Jesus Name Church and Mr. Martens cant. Meeting adjourned at 11:27 P.M. on motion by Grable, seconded by Caldwell and carried. f Clerk ��i_ -� Mayor Port Orchard, Washington February 13, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Berg Geiger, Monteith, Van Zee and Grable. Also present, Attorney McCluskey Chief Dow, Chief Weatherill and Engineer Knobbs. Minutes of January 22, 1973 meeting approved as circulated on motion by Monteith, seconded by Caldwell and carried. Mrs. Terryll, representing the Sidney Gallery requested permission to plant flowering Junipers or Cherries along the North side of Prospect between Sidney and Frederick Streets. Stated that the owners of property are in favor of the beautification program. Council also approved the program and informed Mrs. Terryll to keep in contact with the City Engineer as to where to plant so the planting will not interfere with the proposed new sidewalk or the gas or water lines in the area. Engineer Knobbs asked Attorney McCluskey what had happened to the Ordinance which Mr. Sexton was to prepare relative to detection of storm drains by the use of smoke bombs. Attorney McCluskey will investigate the progress of this Ordinance. Attorney McCluskey spoke on the merits of the joint County and City venture on the use of the County Public Defender for indigent misdemeanants and prorate the cost of the operation on the total cost divided by the total cases to arrive at a mean figure for which each municipality would then reimburse the Public Defenders Office. Letter from the Board of County Commissioners setting forth the procedures read and on motion by Van Zee seconded by Fulton and carried, Council approved the Mayor to sign the agreement with the County on behalf of the City. On motion by Van Zee, seconded by Grable and carried, Council approved the agreement between the Kitsap County Humane Society and the City for the control of animals for the calendar year 1973. On motion by Berg, seconded by Grable and carried, Council approved the request of Mrs. Helen Dixon, balloon chairman of the Kitsap County Guild for retarded children to sell balloons on the streets of Port Orchard on March 2nd and 3rd, 1973. On motion by Van Zee, seconded by Caldwell and carried, Council approved the Clerk to pay $5.00 membership dues to the South Kitsap Improvement Council for the calendar year 1973. Mayor appointed Councilman Caldwell as delegate and Councilamn Berg as alternate. Letter from Pastor Joseph B. Daniel of the Jesus Name Assembly at the corner of Cline and DeKalb requesting relief from garbage charges for the six month period from October through April referred to Water, Sewer, Health and Sanitation Committee. Letter from Henry F. Martens, 1750 Pottery Avenue, relative to LID#64 area assessment and garbage service charge, read. Mr. Martens protested the area assessment for LID #64 as there is no way short of a lift station that he can use the sewer system. This portion of the letter referred to Attorney McCluskey for review and report. Also stated that he uses no garbage can and that he does not have a garbage can, that he spends most of his,time with his sons and daughter and that this is in view of the City Attorney's statement of no pick-up, no service charge. This portion of letter referred to Water, Sewer, Health and Sanitation Comm- ittee. Mrs. Henninger, Regional Librarian and Mr. Vanderbolt, Librarian for the Port Orchard Branch informed Council of the increase in the use of the local branch and that the circulation of books had increased from 43,000 in 1971 to 63,000 in 1972. Also that the use of tapes and movies had materially increased. Stated that the present facilities are crowded and that more space is needed. Mr. Knobbs, City Engineer had prepared an February 13, 1973 Page Two estimate on the cost of constructing new facilities by extending the east side of the existing library out to the sidewalk This would be ample space for the time being. The estimated cost would be between $13,000.00 to 515,000.00. Matter referred to Finance Committee. Ordinance #905, declaring an emergency and ordering appropriations from revenues received in excess of anticipated revenues for the budget year 1972 in the following amounts: Park Fund, $388.62; Street Fund, $5,758.94 approved by the Council on motion by Geiger, seconded by Caldwell and carried. Ordinance #906, amending Ordinance #737 and 750, declaring and establishing fire zones for the City, approved by the Council on motion by Van Zee seconded by Monteith and carried. Mayor set date of March 26, 1973 as the final date for Fireworks Stand applications for the July holidays, to be received. At that time, the three will be selected. On motion by Caldwell, seconded by Grable and carried, Council approved and gave the City Treasurer authorization to execute promisary notes in the amounts of $1,800.53 and $466.55 payable by the Emergency Employment Act Fund and the Arterial Street Fund, respectfully, within two months of the the date of the notes with interest at 5% to the Current Expense Fund. Note #1-72 and #2-72 dated 12/31/72. Councilman Monteith voted negative. Copies of amendments to the Animal Control Ordinances are to be sent to the Councilmen. Chief Weatherill requested permission to attend the Command School in Yakima along with either Assistant Chief Caldwell or Gadberry from April 2 through April 5, 1973. On motion by Van Zee, seconded by Caldwell and carried, Council approved the attendance and authorized the use of one car, either City car or private vehicle with reimbursement for mileage. Engineer Knobbs reported that in conversation with the County, it was resolved that the County would do the reconstruction of Cline from Division to Dwight at this time and the City could reimburse the County over a long period of time as determined by the City at County cost plus 5%. It was estimated by Knobbs that if the intersection of Cline and Division was completed as should be, the cost would run about $5,000.00. On motion by Geiger, seconded by Fulton that said portion of Cline be repaired as best as the City can do without expending unnecessary funds. Motion lost with four mays. On motion by Monteith, seconded by Caldwell and carried, Council approved the Engineer to contact the County and secure estimates on the reconstruction of the intersection at Cline and Division, repair the street between Division and Dwight and installation of a sidewalk, Geiger and Fulton voting negative. Engineer reported that the County had paved the area abutting onto the parking lot which resulted in two 10 foot lanes leading onto Sidney and also raised the level of the street at the entrance to Sidney, which re- sulted in satisfactory vision. With the above improvements, Engineer Knobbs agreed that both ingress and egress could be accomplished in a safe manner. Mayor Powers stated that he did not appreciate the attitude of the County Commissioners relative to the City's determination of keeping safe traffic patterns within the City. Also, that in his opinion, the display of pub- licity, both in pictures in the paper and verbal attacks in the newspaper and over KBRO certainly is not conducive to good relationship between two governmental bodies. Also stated that the County Board of Commissioners had received a letter from the City dated July 26, 1972 advising the Board that this portion of Sweany street running east to Sidney would be a one way only ingress from Sidney. Mayor Powers also stated that Mr. Mahan had no right to berate and downgrade the City Engineer. Engineer reported that the owner of the building at 1013 Kitsap had been notified by letter that unless some action is taken the City would have to resort to abatement procedures. Also reported that the boat yard of Horluck Transportation Company had been inspected by the Fire Marshal and that numerous violations had been found February 13, 1973 Page Three and Horluck has been notified by the Fire Chief that corrections must be made within thirty days. Engineer reported on meeting with Sewer District #5, Manchester Sewer Commissioners, Engines McMullen and Attorney for Sewer District #5, and a resolution was presented which the sewer district would like Council to pass relative to regional collection and secondary treatment for the purpose of aquiring funds. Engineer again recommended that the Council retain the services of Kramer, Chin & Mayo as consulting engineers. Engineer gave Council a run down on possible vacation of portions of Cedar Street in the area of Bethel Avenue. Also on the possible changes in traffic pattern in the area of Hi -Jody Bowl if and when the shopping complex materializes. i Reported that pictures and letter has been forwarded to Detroit relative to the Ford Packer. Reported the possible break in the 10 inch sewer main under the Port Orchard Blvd. In excavating to reach the break. the crew encountered logs and stumps that had not been removed by the contractor which is determined to be the reason for the break. They have been pumping steadily from Friday February 9, 1973, transporting the sewage to the next manhole. The line is about 20 feet deep at this point. Reported that he had called Cedar Heights Junior High School principal and asked Mr. Langert if they would schedule the P E classes so that less water would be used as the hole was filling up faster that they could pump. Mr. Langert contacted the Super- intendent of District #402 who informed the Engineer that this was the responsibility of the City and they would do nothing to assist in this sanitary problem. On motion by Caldwell, seconded by Monteith and carried, Council approved the engineer to call for bids for a new 1972-73 dump truck. Clerk was instructed to contact Engineering firm CH2M on request of Council- man Geiger and set date for meeting to discuss their merits as a consulting firm for the City. Possible date of February 27, 1973 at 7:30 PM will be set. Dow reportes that V.F.W. #2669 requested permission to hold a parade on Loyalty Day. Council approved the request. Dow requested approval to expend about $300.00 to purchase a used copy machine from Kitsap County Credit Union. Stated that they have to have the copy machine available to them after regular hours and on weekends. Geiger suggested that the Clerk purchase a new machine and transfer the existing one to the Police Department. Clerk not in favor of expending upwards of $1,000.00 or more when the present machine is in good working order and is only five years old. Even though the new machines are faster and would result in a savings on the paper used, it is questionable if this small savings would result in a savings over the cost in the longrun. On motion by Fulton, seconded by Grable and carried, Council approved the expenditure. Geiger opposed. Chairman Grable of the Police Committee gave Council information relative to a letter from the Chief of Police protesting the method being used in paying police officers, stating that due to shift changing, the amount received at each pay period fluctuates which creates a hardship on the budgets of the officers. Grable asked Clerk if something could be done. Clerk informed Grable and Council that the problem had been corrected on February 7, the day after the Mayor had given the letter to the Clerk. Also informed the Council that the first time the Clerk knew of any problem was on February 7. Mayor Powers informed the Council that legislation is now in the hopper in this session on both tow trucks and ambulances, and that the City and. the Committee should wait for the results of this legislation before preparing any ordinances. Councilman Berg reported on his inspection of City facilities as follows: February 13, 1973 Page Four 1. Police offices need painting. 2. Bracket near furnace room needs fixing. 3. Windows in Municipal Building needs washing. Also questioned Engineer as to who is going to assist the Little League on repair of sewer line. Councilman Van Zee will contact and make arrange- ments. Councilman Van Zee reported on Park and Recreation Commission meeting, and that the project with first priority would be a picnic shelter at Givens Field and at Central Field. Reported that the crews of the National Guard Unit will help by using their personnel. The City must first pour the slabs and have all material on the site when the Guard starts. Reported that all the shrubs near the Active Building look somewhat beaten and that several may have to be replaced. Showed map to Council of Blackjack Creek proposed park area and informed Council that Len Kruse and Myron Freyd will contact owners as to acquisition of privately owned lots. Mr. Van Zee granted authorization to contact County Commissioners and attempt to have those lots owned by County donated to the City for park purposes. Stated that students at Cedar Heights are willing to assist in park and recreation type work and suggested that they could undertake a project such as transplanting small evergreens from the cities 80 acres on Tremont to the Fire Hall on Sidney. They also could remove weeds and grass on the waterfront northerly of the downtown business houses. Councilman Geiger requested that Council investigate the possibility of changing the parking meters to 12 minutes with a maximum of 1 hour on the reasoning that there would be faster turn -over and that the City may derive additonal revenue. Referred to Police Committee. Councilman Caldwell reported that some rocks are breaking loose from the bulkhead at the corner of Kitsap and Sidney (Dan Bassen residence). Referred to Engineer. Also the planks covering the drain at Kendall are rotten and create a hazardous condition. Councilman Fulton asked Engineer what the problem is with the lights in the back parking lot. Engineer reported that there is a short in the conduit underground and that PSPL would prefer that the City obtain the help of a contractor to repair the short. Councilman Fulton also reported that at the last Chamber meeting, some discussion was directed to the possibility of having s students government day. It appears that this is fairly common in other cities. Councilman Fulton also reported that the Chamber has a recommendation as to the downtown parking. Police Committee will contact them. Mayor Powers requested the Council to give indication as to their feelings on department heads receiving overtime pay and compensatory leave. Finance Committee stated that they were in favor of no overtime and no compensatory leave for department heads. After considerable discussion on the merits of the question, the Council, on motion by Monteith, seconded by Caldwell and carried, set the policy that under no circumstances shall department heads receive overtime pay or compensatory leave. Clerk read letter from Department of Housing and Urban Development relative to application of City for funds for Water System Improvements, WSF-WA-10-19- 1026, informing City that a temporary hold has been placed on funds for some purposes and that this hold applies to the City`s request, and that no further processing will be done until further notice. If the City should seek assistance from another source, HUD would like to be advised. Letter from Interagency for Outdoor Recreation read advising City that the application of matching funds for the acquisition of park and recreation property is complete and will be processed. Clerk read a letter from City Attorney of Bellevue relative to removing from the traffic code the provisions for jail penalty. Attached to letter was a copy of City of Bellevue Ordinance relating to the above action. February 13, 1973 Page Five Bills in the following amounts were presented to the Council: Current Expense, $6,860.42, Water, $2,282.65; Street $2,392.55; Sewer, $914.92; Park, $551.84; and Garbage $673.32, for a total of $13,675.70. On motion by Caldwell, seconded by Geiger and carried, Council approved the bills be allowed and Vouchers #8852 through #89.43 be paid and that January pay. - roll in the amount of $25,829.40 be allowed. Matter of County Solid Waste Program continued. Proposed amendments to the Animal Control Ordinances continued. Vacation of portion of Sherman Street continued to February 26, 1973. Meeting adjourned at 12:05 A.M. on motion by Grable, seconded by Van Zee and carried. J' ! Clerk Mayor Port Orchard, Washington January 22, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van Zee and Grable. Councilman Berg excused. Also present: Supt. Knobbs, Chief Dow, Chief Weatherill and Attorney Walgren. On motion by Monteith, seconded by Caldwell and carried, minutes of January 8, 1973 approved as circulated. Mr. Claire Voss, representing Kitsap County Housing Authority presented his argument to the Council relative to Council approval to an application to HUD for additional funds to survey and acquire rentals within the City for low income leases. Stated that all rentals would have to be in minimum building code condition before entering into a leasehold arrangement, that the Authority would maintain the upkeep of the units, and that the government would subsidize the payments. He also informed Council that the participation of the City with the Authority would assist the City in gaining a higher priority in their quest for federal and state funding. Councilman Caldwell moved that the Council approve Resolution #1118, Grable seconded. Councilman Monteith moved that the motion be amended to set the maximum units during the first calendar year at 30, motion seconded by Fulton, on the question there were three nays and three ayes, and amendment to original motion carried with the Mayor breaking the tie by voting aye. The amended motion carried with Councilman Grable voting nay. Mr. Ron Perkerewicz, Chairman of Sewer District #5, informed the Council of the plans and desires of District #5 relative to secondary sewerage treatment, also that due to the costs of planning, engineering and construction, it would be infeasible for indi- vidual districts or cities to afford the installation, and in this light, the better approach would be by the regional concept. Also, that it appears that funds from the federal or state agencies will be distributed only where a regional plan is submitted. The plan as explained would include Manchester, Southworth, all areas in District #5, Port Orchard and possibly Bremerton. Mr. Perkerewicz requested the City Council to consider this plan and indicate either favorably or non -favorably to the concept. The City Council indicated favorable to the regional concept and of a single facility for secondary treatment. After considerable discussion on the proposed re -zone for Mr. Saylor of the S & S Auto Rebuild at 1971 Sidney, Council approved the re -zone from residential to commercial on motion by Caldwell, seconded by Van Zee with three ayes and three nays and the Mayor breaking the tie with an aye vote. Mr. Stewart Lince of 558 Perry questioned the City's procedure in the garbage service charge, stating that in his opinion the ordinance does not infer a service charge when there is no garbage to be picked up. He also stated that the utility office had not billed him for garbage service for the period July thru October, -and then billed him for the November - December period and that as his duplex is vacant he should not be charged for service. Councilman Monteith moved that Mr. Lince should not be charged for garbage service when not rendered, seconded by Geiger and carried. Fulton opposed. Attorney Walgren reviewed the Garbage Ordinance and informed the Council that, in his opinion., when there is no need for service, such as vacancies, there can be no service charge. In view of this information and upon the recommendation of Councilman Monteith, Council instructed the City Clerk not to impose the service charge for garbage on prem- ises that are vacant and that this office should rely upon the rentors to inform. the City when there should or should not be a service charge for garbage. Mr. Berwin E. Mahon form the Navy View Apartments complained about the noise created by the street sweeper in the early morning hours. Superintendent Knobbs will investi- gate the problem. Letter from Department of Social and Health Services reporting receipt of the City's Comprehensive Water System Improvement Plan 1971-90 and the approval of same read. Invitation to Mayor and Councilmen to the Bremerton Jaycees Community Awards Banquet to be held at the Olympic Banquet Room on January 26, 1973, read. Councilman Fulton reported on the meeting with the Department of Interior, Department of Ecology, Port of Bremerton and Engineer from Reid -Middleton regarding several nega- tive comments by the Department of Interior, and informing Council that the two main members of the Department from the Portland office did not appear and that no definite conclusion was attained. Port of Bremerton will write answers to the comments and mail to the Washington agency of the Department and also to the Portland office and arrange for a meeting, probably in Portland. January 22, 1973 Page Two Letter from the Fraternal Order of Eagles, Aerie #2338, Port Orchard, protesting the harrassment of their members by the Port Orchard Police Department, was read. They stated that Officer Zuber was driving in a dangerous and reckless manner fronting their building, and that police cars would follow visiting Eagles as they leave the building. Chief Dow reported that the officer was Benton and not Zuber and that he had met with the president of the Aerie. Councilman Monteith stated that the record of the man should be obtained from the Motor License Bureau and that the Police Committee and the Safety Committee should hold a full investigation. Chief Dow informed the Council that his investigation is not yet completed. On motion by Fulton, seconded by Caldwell and carried, Council approved the 1973 member- ship fee of $25.00 to the Port Orchard Chamber of Commerce. On motion by Fulton, seconded by Caldwell and carried, Council approved payment for annual contribution of $635.00 based on 3.9% of total contribution to the Kitsap Civil Defense. On motion by Monteith, seconded by Fulton and carried, Council approved the request by the Planning Commission to become a member of the Planning Association of Washington with annual dues of $20.00. Matter of Solid Waste Agreement continued pending meeting with other officials. The study for tow truck and ambulance ordinances continued in Police Committee. On motion by Caldwell, seconded by Monteith and carried, Council approved the appoint- ment by the Mayor, of Doris Stewart, 1110 Bethel Avenue, to the City Planning Commission for a period of 6 six years to expire 12/31/78. On motion by Monteith, seconded by Grable and carried, Council approved the appointment by the Mayor, of Mr. Earnest A. Schramm, 525 Sweany Street, to the Park and Recreation Advisory Board. Mrs. Irene Henninger, Kitsap County Regional Library, requested that the Council appoint a five member Library Board for the City of Port Orchard who will act as an Advisory Board to the Regional Board. The Mayor asked the local press to use this as a news item to state that anyone desiring to be a member of the Library Board to contact the City Clerk. Engineer Knobbs reported on the following: - Presented plans for new snow route. As that portion of Cline street between Division and Dwight streets is badly undermined and in dire need of extensive repair, he suggested complete closure of that portion permanently and with the installation of a few signs, make another snow route up Cline, left on Dwight, then right onto Austin to Division. Using this route would alleviate the heavy traffic on the Kitsap Street snow route. At this time, the old snow route is showing considerable wear and will soon be in need of repair. Informed Council that specifications are being written for the proposed new dump truck. - Informed Council that the new pump for the treatment plant will be delivered about the first week in March. - Stated that he has almost finished the schematic drawing, list of materials and esti- mates for the sewer project at Theisens. Council and all others present took a moment of silence in rememberence of Lynden B. Johnson, Ex -President of the United States. On motion by Grable, seconded by Caldwell and carried, meeting adjourned at 10:10 PM. 1erk ' �' �L Mayor Port Orchard, Washington January 8, 1973 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Councilmen present: Fulton, Caldwell, Geiger, Monteith, Van - Zee, Berg and Grable. Also present: Engineer Knobbs, Chief Dow, Chief Weatherill and Attorney Walgren. On motion by Caldwell, seconded by Grable and carried, minutes of December 27, 1972 meeting approved as circiAlated. Richard Warren, representing the consulting firm of Kramer, Chin and Mayo, addressed the Council on the progress cEthe City's application for grant funds for the Water System Improvement Plan, stating that a new application should be prepared and forwarded to HUD. Also informed Council that there is a possibliity of 751. grant from HUD and a 15% grant from the Washington Futures, making a total possible grant of 90%. Also requested that the Council approve a resolution authorizing the Mayor to act on behalf of the City and to sign all necessary documents relative to the application. On motion by Monteith, seconded by Grable and carried, Council approved the above resolution. The matter of Storm drain separation from sewer lines was discussed as well as the necessity of planning for sewer treatment, as the City may have to install secondary treatment in the very near future. In this area, Mr. Warren stated that those municipalities considering treatment on a regional basis will be given priority. The firm of Kramer, Chin and Mayo is now and has been for the past year, conducting a sewer treatment and storm drain separation program for the City of Bremerton. Mr. Warren indicated that Bremerton may be interested in joining with the South County on a metro -type program. Reported to Council that a similar study for the City would run between $10,000.00 and $20,000.00 and would take about a year to complete. Also, there will probably be made available to local goverments either a straight grant or a loan grant for the cost of the study. Engineer Knobbs informed the Council that he has known the firm of Kramer, Chin and Mayo for several years and has found their work to be satisfactory in all instances and requested the Council to retain this firm for the City's consulting and engineering firm. Clerk read letter from Department of Commerce and Economic Development, informing City that the application for funds through the "Jobs Now" program has been declared not acceptable. Attorney will draw a resolution using the HUD Form #52473 as a guide, approving the Kitsap County Housing Authority to apply for additional low rent public housing. The proposed agreement prepared by the County Prosecutor's Office relative to the formation of a County Solid Waste Division was discussed at length by the Council. Many areas did not reflect the thinking of the Council, such as the composition of the Division, the effective date of the program, the enforeement of violations, the .-cession &f power, the power structure of the County Commissioners, the holding of property and the disposition of property. Council discussed the possibility of holding off a few years to see what the costs would be, the possibility of advanced methods and also the possibility of a contract for disposal. Arrangement for a meeting with the other cities and county officials will hopefully be made to discuss the mutual needs and problems and attempt to arrive at a more equitable agreement. On motion by Caldwell, seconded by Monteith and carried, Council affirmed the re- appointment by the Mayor of Arthur ^ Mikelsen to the Civil Service Commission for Police for a period of Six (6) years, with term to expire December 31 ,1978. Mayor requested Councilmen to submit, at the next meeting, names of a resident for appointment to the expired term of Mel Fingarson, who, because of business, cannot attend Planning Commission meetings on a regular basis. The appointment will be to the City Planning Commission for a period of Six (6) years to expire December 31, 1978. Chief Weatherill reported that Pumper #3 is out of service and that the Fire Dept. desires to convert the pumper to a hose truck. Chief Dow requested the Council to re-evaluate the sanding schedule during the freez- ing and snowy weather as the streets are slippery and drivers cannot get around as well as in prior years. Engineer Knobbs stated that the sanding operation is continuous from 4:00 A.M. to 6:00 P.M. daily and that in emergency times, the sanding is done when January 8, 1973 Page Two needed. Also that after the hour of 6:00 P.M. and to 4:00 A.M. those who are on the streets should have winter treads, chains or studs. Council agreed that the existing schedule is as they wanted it, and the same schedule shall be continued. Engineer reported that the trip signal is operable at Maple street. We are now getting the City gasoline from Standard Oil and our fuel oil from Arco. Reported that there has as yet been no physical contact with Ford Company. New pump to replace the #2 pump in the treatment plant has been ordered. The cost installed will be approximately $3,400.00. Engineer further reported that six posts and parking meters had been stolen and that the purchase and installation of the six would cost about $100.00 each. Recommendad.tbat the City get out of the meter business. This will also be dis- cussed by the Committee. Reported that the City of Bremerton has not informed the City as to what price they will charge for water. This may be determined after the next City Council meeting. Attorney reported that the Department of Ecology and Attorney General's office has withdrawn the objections to the installation of the marina and that information relative to the permit should be forthcoming within a few days. Councilman Grable reported that a meeting will be held with Mr. Joe Preston of the local National Guard at 11:00 AM, January 14, 1973 at the Armory to discuss their assistance to the City force in traffic control. Councilman Monteith reperted that upon his inspection of the City building he found the following items: Treasurer's rug needs cleaning. Mirrors in restrooms need cleaning. Councilman Monteith requested that the Finance Committee investigate and study the possibility of splitting the checking account of the City and placing half in First Bank and half in Kitsap County Bank or doing business with one bank for a few years and then changing to the other bank. Clerk opposed to both of these suggestions. Councilman Geiger reported that he had checked the property belonging to the Seventh Day Adventist Church on Sidney, which is for sale for $3. 80 and stated -that'-•the Q City should consider the purchase of this property as a possible site for senior citizens to meet or possibly for a swimming pool at a future date. Stated that there are many possibilities for future use and urged Councilmen to look it over. Rainbow Realty is handling the sale. Matter of the request of Mr. Saylor for a rezone to Commercial, at 1971 Sidney, continued until next meeting on January 22, 1973. Mayor instructed Clerk to write letter informing Mr. Saylor that the Council will take action on this matter at that time. Councilman Caldwell informed Council that there are several places in the City where the sidewalks are in very poor and dangerous condition. Clerk instructed to write letter to School Board stating that the sidewalks fronting Givens School on Sidney are hazardous and that they must be repaired as soon as possible. Mayor Powers reported that there will be a ceremony at the South Kitsap High School Gym Saturday, January 13, 1973 honoring Major Robert Welch who is missing in action and that the Mayor will make the welcoming speech. The time of the ceremony is 1:00 PM. On motion by Geiger, seconded by Caldwell and carried, Council instructed the Clerk to write a letter to the Governor of the State of Washington protesting the proposed closing of Retsil Home. Copies will also be sent to our State Legislature. Bills in the following amounts were presented to the Council: Current Expense, $3,283.14; Water, $1,345.55; Street, $2,846.13; Sewer, $1,273.66; Park $442.53; Garbage, $651.64; UAB Art Street and Misc. $1,386.30 for a total of $11,228.95. On motion by Caldwell, seconded by Fulton and carried, Council approved the bills to be allowed and that Vouchers #8771 through #8851 be paid. Meeting adjourned at 10:00 P.M. on motion by Geiger, seconded by Caldwelj and carried. {,. Clerk /' ,tom* Mayor