03/11/1974 - Regular - MinutesPort Orchard, Washington
March 11, 1974
Council of the City of Port Orchard, Washington called to regular session
by Mayor Paul D. Powers, Jr. Council members present: Councilmen Fulton
Caldwell, Libby, Van Zee, Roos and Geiger and Councilwoman Doyle. Also
present, Attorney McCluskey, Chief Dow and Weatherill and Engineer Knobbs.
Councilman Fulton moved that the minutes of February 25, 1974 be approved
as circulated with the addition of the word "not" preceding the word
"completed" line 4, paragraph 2 page 4. Motion seconded by Councilman
Roos. Councilwoman Doyle stated that the minutes were in error in that
the City Engineer was not given permission to write a letter to the Depart-
ment of Social and Health Services at the meeting of February 25, 1974,
but at the discussion meeting on Thursday, February 21, 1974, and that as
no legal action could be taken, the Engineer had no authority to write the
letter to request that the applications for Referendum Funds be considered
at their next hearing date. Councilwoman -.Doyle also stated the minutes
were in error in that the minutes do not reflect the statements of Mrs.
Wilson relative to the drainage pond in which the Darbro youngster was
drowned. Councilwoman Doyle also stated that the minutes were in error
in that the minutes did not reflect an explanation of illegal action of
Mr. Clauson. Councilwoman Doyle moved that the original motion be amended
to include the three above corrections. Motion seconded by Councilman
Caldwell. On the question, Councilwoman Doyle voted yes and the balance
of Council voted no. Motion lost. On the question of the original motion
Council approved with Councilwoman Doyle voting no.
Mr. Elmore, who had a backender recently while attempting to make a left
turn in the Quik-Pac grocery on Bethel Avenue, informed the Council of the
danger of accidents and that there had been four accidents this year and
eight in 1973. He further stated something should be done about installing
a left turn lane, and wanted to know when the City would be correcting the
traffic problem. Mayor informed the gentleman that plans have been drafted
and have been submitted to the State Highway Department, but there are no
available funds. Mr. Elmore made the suggestion that the speed be reduced
from 35 MPH to 25 MPH. Mayor stated this would be taken under review and
that the best way to get action is to prepare a petition and have all those
willing, to sign, and present to the Council to be endorsed and forwarded
to the State Highway Department. The Street and Alley Committee will re-
view the present system of parking and perhaps have the patron parking
moved to the larger area south of the building and back against the bank,
which would give a longer approach lane egress and ingress.
Mr. Darbro, 1320 Garrison Street, asked if the Council has contacted Mr.
Marker, abutting owner of a portion of the land covered by the pond and
requested that the rafts be removed and destroyed. He was informed that a
return receipt letter has been sent to Mr. Marker but no answer received
at this time, also that the rafts will be removed as soon as possible. Mr.
Darbro gave the telephone number of Mr. Glen Marker of Seattle, who is a
relative of the owner, 1-935-8208. Mr. Darbro also informed Council that
the drain located at about 1442 West does cross the street and drains into
the pond. Also informed Council that they should get on the ball and do
something and that all the residents in the area will assist in whatever
is to be done. Attorney answered the question of Chairman Caldwell of the
legality of donating the fill material from City property for the filling
of such areas in the affirmative. Mr. Darbro also stated that a Mrs. Merr-
ick had called the City in the past relative to this pond and also some
other person had called in the past relative to the pond.
Mayor Powers opended discussion on the hearing of the petition of Vernon
Lieseke, Box 217, on the vacation of portions of Sweany, West and Taylor
Streets. Mrs. A. H. Heng, who owns property abutting Sweany Street was
rather dubious as to access to some of her property and wanted to know
what would be done. Mr. Perrine spoke in favor of the petition and also
informed Council that the Hengs had signed the petition. Councilman Ful-
ton moved to table any action until the March 25th meeting for further re-
view, seconded by Councilman Roos and carried with Councilwoman Doyle voting
no. Matter referred to Street and Alley Committee and Attorney for review
and legal interpretations.
March 11, 1974
Page Two
Mr. Pat Thompson, representing FRS, Environmental Consulting Engineers
spoke to the Council of the size and scope of their Company and stated
that they are desirous to be chosen to conduct the planning phase of the
South Kitsap Regional Sewer Study. Passed out brochures of their pro-
jects and of their employees, stating they have 91 employees with 45
being LPE's.
Mr. Ace Comstock, South Kitsap Hospital District Commissioner, requested
information as to the L.I.D. delinquent assessments on the South Kitsap
Hospital Association which have been foreclosed on and are now under lien
in the approximate amount of $9,000.00. He wanted to know if foreclosure
sale could be delayed for about a year as there is a possible chance that
approval may be given to build the hospital. Attorney McCloskey informed
the Council and Mr. Comstock that rrQmally the foreclosure sale would pro-
ceed and the sale would be in the month of April. Matter will be reviewed
by the Attorney and a report will be given at the next meeting.
Mayor Powers recessed the meeting at 9:20 for ten minutes.
Meeting resumed at 9:30.
Clerk read letter from Mr. Jack Del Guzzi of the Hi Point Center on Bethel
Road and SR #160, relative to City of Port Orchard letter dated September
26, 1973, stating that because there has been constant contact with the
proper officials of the City and they had met several times on the site
to discuss problems that had come up, and the problems were being worked
out in the field. Also, that William Olson, Jr. Project Architect had
submitted several preliminary drawings and ideas on traffic patterns and
will meet with the Engineer some time this month. Engineer Knobbs re-
ported to Council that this is the normal and usual procedure in the case
of construction. Councilwoman Doyle reported of her meeting with Mr. Del
Guzzi, and that she had received reasonable answers from him and that
there will be trees planted on the side of the Safeway Complex creating
a buffer from the highway. Also stated that extra traffic lanes are
needed and wants to see the plans of the State showing the lanes and
other items. Engineer stated that the plans will be available within
a week or so. Councilwoman Doyle stated that there are still drainage
problems which are unresolved and there is standing water on the Church
property that was not there before the complex. Engineer reported there
has always been standing water in the swampy section, and that as the
elevation of drainage area had not been raised,there could not be any
more water now than before, except for the abnormal rains we have had
recently.
Councilwoman Doyle read letter prepared by herself relative to Parks and
Recreation in this community. This letter is attached and is made part
of these minutes. Councilwoman Doyle also stated that she talked with
representatives of the AWC and that they will assist the City in obtain-
ing funds for parks and recreation.
Councilman Van Zee reported that a meeting will be held at 7:30 P.M. on
Tuesday, March 12, in the Council Chambers on Parks and Recreation and
that a good movie would be shown.
Mayor read an invitation from the Bethel Grange inviting the Council to
attend an Open House in honor of our new Senator C. W. Beck on Sunday
March 17, 1974 from 2:00 P.M. to 5:00 P.M.
On motion by Roos, seconded by Van Zee and carried, Council approved the
Mayor to sign on behalf of the City, the regional sewer agreement with
the County for phase 1 of the regional sewer plan for planning only.
Mayor reported that the parking problem at the County Courthouse seems
to have been corrected by the actions of Commissioners and that at this
time no further action will be taken by the City.
Chairman Caldwell of the Street and Alley Committee reported that there
are available spaces for parking in the merchants parking lot and in sev-
eral tours of the area have found empty spaces.
Councilman Caldwell also reported that John Kingsbury of Natural Resources
had inspected the fir tree near the Daniels residence and that the only
March 11, 1974
Page Three
probable danger would be if there was rot on the top where the tree had
been topped in the past and also reported that the tree has been removed
by a party, for the wood and all at no cost to the City.
Attorney reported that he had been contacted by the Insurance Company
which is handling the charges against the Chief of Police and had been
requested to release himself from that portion of the suit. Chief Dow
stated it was alright with him and on motion by Caldwell, seconded by
Fulton and carried, Council approved the withdrawal from that portion
of the Griffith suit.
Attorney also reported of meeting with Mr. Pontius, Councel for Mr.
Griffiths and that Mr. Pontius had reviewed the deposition of Mr. Knobbs
and he was going to meet with Mr. Griffiths in an attempt to have the
suit against Mr. Knobbs dropped. Attorney will have more information
on this by the end of the week, also that the trial between the City and
Mr. Griffiths has been set for June 6, 1974.
Attorney informed the Council that normally a pond, creek, lake or other
water areas are not an attractive nuisance if they are not man made.
Council discussed several ways as to what could be done, in cases such
as this, ie; draining and filling, form a drainage LID with all partic-
ipating, and/or fencing. Matter still being reviewed by the Street and
Alley Committee. Attorney also informed Council that the City could
not force other parties to participate or do anything.
Attorney informed Council that a letter has been written to Mr. Clauson
relative to his business operation, informing him that he must apply
for a Special Use Permit. No letter has been written to Mr. Stoops as
there is not enough evidence to go to court and the complaints received
by the neighbors are not substantiated by any evidence.
Engineer reports:
1. Marine dredging will be completed by March 14 or 15th.
2. Mr. Siegfried of the Puget Sound Power & Light Co., will discuss
the absorbing of the lights on Pottery Blvd. and get in touch with
the City. Stated that if we drop from the 20,000 lumen to a 7,000
lumen it would decrease the cost of operation.
3. After investigating the sewer lines in the area of the Little
League restrooms, it is quite evident that the problem is under
the restrooms.
Chief Weatherill reported that about 8 trees had been removed from the
Y and replanted around Fire Hall #2. The old Campbell home at the site
of the Marine parking lot will be burned as a practice drill. On motion
by Roos, seconded by Caldwell and carried, Council approved Weatherill
and Gadberry to attend a Fire Command School in Yakima on April 4 through
April 8th, 1974, in the amount of $$ each.
I00•00
Finance Chairman Geiger reported on the negotation with the Union and
Mr. Hendershott, mediator from the Department of Labor and Industries
as a result of impasse request of the Union. After negotiating for most
of the day, the Finance Committee presented a signed statement that a
raise in the anount of 9.0% of the 1973 salary will be recommended to
the Council at the March 11, 1973 meeting. After further negotiations
a revised proposal was submitted which would be recommended to the City
Council at their March 11, 1974 meeting, that a 9.5% increase of the
1973 salary or an alternate of a 40 cent per hour increase over the 1973
salary. Chairman Geiger informed the Council of how the committee arrived
at the recommendation with the resignation of Mr. Helm and of Mr. Weaver
and that the park man will be leaving in April, all of which will not be
replaced. Also, at this time, discussion was held on the union contract
and after comparing the City proposed contract against the original con-
tract submitted by the Union to the City, the City proposed contract
with the changes as recommended by the Committee was approved on motion
by Van Zee, seconded by Geiger and carried. Roos no.
March 11, 1974
Page Four
On motion by Geiger, seconded by Van Zee and carried, Council approved
Ordinance No. 929 be tabled until the completion of negotiations.
Councilman Roos asked the Council 4f the Police Department should police
the gas traffic or if this is the responsibility of the dealers. The
consensus of the Council is that this is a responsibility of the City.
Councilman Roos moved that a letter be written to the Commissioners of
the Bremerton Council requesting a price per 1000 gallons of water,:if they
would consider the absorption of our Water -Sewer system as a portion of
Bremerton's system and that we should have an answer by our next meeting
as the City must make a decision. Motion seconded by Fulton. Councilman
Geiger moved to amend the original motion by adding, if Bremerton would
consider the installation of the transmission line as an alternative.
Motion seconded by Councilwoman Doyle. On the vote, Council approved
the amendment to the original motion. On the vote, Council approved the
amended original motion.
Councilman Van Zee reported to the Council on activities within the Park
Department, also that the V.F.W. will supply and hang the baskets on Bay
Street, and the Lions Club and Scouts from Pack #526 are about to begin
their project on Pottery Blvd.
The Park Committee and Commission are soliciting vines and all other
bank coverage from the public and others to use on the Blvd.
After considerable discussion as to the use by the Council members of
the mailing privileges of the City, Councilman Roos stated that some
guidelines should be set. Councilman Fulton moved that no Council mem-
ber shall use the postage meter or stamps paid by the City. Motion
seconded by Councilman Geiger and approved by the Council with Council-
woman Doyle and Councilman Roos voting no.
Mayor Powers asked the Council if they want to have tape recorder for
the Council use in both minutes and other meetings. On motion by
Councilman Fulton, seconded by Van Zee and carried, Council approved
the motion of Councilman Fulton that the City dispense with the use of
a tape recorder at their meetings, with Councilwoman Doyle and Council-
man Roos voting no.
Councilman Caldwell stated that his interpretation of the minutes for
the February 25, 1974 meeting of the Lieseke petition was that his motion
was that the Council would not resist the petition and that ? the streets
as per the agreement would be vacated and that there would be no charge
to the petitioners for the vacated streets.
Councilwoman Doyle moved that City government should have a policy of
politeness and consideration to all citizens, seconded by Councilman
Geiger and carried.
Councilman Geiger moved and Councilman Roos seconded that the bills be
allowed and that Vouchers #9861 through #9838 be paid and that the Feb-
ruary Payroll in the amount of $30,757.48 be allowed. Councilman Roos
moved to amend the motion by deleting the warrent #9875 in the amount
of $55.28, for the 1974 maintenance agreement on the senior Friden adding
machine in the Treasurer's office to check if the machine is worth this
expenditure and to change warrant #9867 by deducting $4.00 for stamps
which was included as expenditure by Councilwoman Doyle. Motion seconded
by Councilman Fulton and carried. Council approved the amended motion
that the following bills be allowed as amended: General Government,
$4,522.61; Police, $1,679.43; Fire, $1,137.16; Park, $51.65, Utilities,
$4,659.76 and Street $1,801.15 in the total amount of $13,851.76.
Council adjourned at 12:45 A.M. on motion by Councilman Roos, seconded
by Councilman Geiger and carried.
R
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Clerk` ` Mayor
41 ..are., 4
Otaer Aft** sh01ee1inear, and greft arm art of fret Importemps to vor4 heard
a &LI the oolle who wiJoy living kart. DevelapiM both a better 1909 &UOMa
l•rograa for ail age& and jai the value of OUT areas Of "OW natwM1
beeeea<ty an mate conceraae iddah deeservo ULgb vrioeritY.
I hive been t"Ing to awwblo an iarerseatorg Of eta# Is hams tee start --dth. and
7 hope in son try to consIder all the �..AertjculAr prob2sme eat suMbIO l.eexd nacre,
sonssirwtion, and reeratIon under a seordie ated r1w. Of owurse. land 00ntwd"
and watereesWs, as shut► an our ee :,ralrre sIv a i. an bees. i'hs a mntRy hue a
f,
Fes plan underwy, and the its aid planndeoule! not stop at the city zijdte.
Wr iwe vateer ad g boos and rwidtlawat seenery are major "sets Wdah ww
oan ew. _hasise. 'we bom eepe Yaeeaut1W ee* lag sued nm is the time to Secure additional
fozmd sa inter fLmo dom tje hills
areas. " huge ov 1 nataral ravi -1--h eaeee fish aid birds and tress flourish . We have
drainage and aetoty 4mabUwi t��C`►,solves toot as we how bow so tregimI4 m4nded.
1 think to should start with the natural d=ArAk ee tWol w ftw oast Arest down Sidney
rams. ineludiW tbo historical log Oaf• and emkine at the na im,
3 belieeve w ddeoedd awpn•t the strom cw=Ludty effWls to d""p both our
natural lends and our a ceoreatis;arnAl #-xogrww. Z ho,,e we will voM.)erate with the other
units of scent and the alvlc grvw,�s in AIM,; $ develop , aW extending
a ram. ' worthiWe lat e-wsa a `r.'rogns• I have hem Rafts diseassed from exrunty
:aka and ��. school sty >ires ate,, Southt��, �.afte and so�fthaLl lexafues,
arsi ors anisatlons of all age from y.aw,,th t: �s� 3 to elder�,ye 10ve head traa bailftra
MW h" agreed tto-Unt a*re U"s ism t haw
aw dolt Vby belidos f " Vve
heatd t)ry a concerned c t3,seens abowt the salmon strewn. X thix* w eroli d Was
and mmuad rea wn far try to am idth loom! oaoj*ration in the direr of
x-lannIM and. aeq uiritg beettar tics.
tin Friday, 1 andsd a long i*W of meetings in 01a Aft a ref"shim visit to
U" ater and the bswt'i!!tl rivor Awsawid wd traLls thy the aabu#es Hivero i-e have the
waters the idliFee, and the v%rotatiore to devrlop that lord of iaAaaand twM# tee►. l
heellom gee have the Into xwet and the enthusiasm to do it. i also think we hirer the fiends
to got started and em got it we can got Wethor or. aA I= ,� u � l_ r
oonsideeratien. axone oyc