10/15/1974 - Regular - MinutesPort Orchard, Washington
October 15, 1974
Council of the City of Port Orchard called to regular session by
Mayor Paul D. Powers Jr. Council members present: Fulton, Caldwell,
Doyle, Libby, Van Zee, Roos and Geiger. Also present Attorney McCluskey,
Chief Dow and Chief Weatherill. Engineer Knobbs on vacation.
Councilman Caldwell moved that the minutes of the September 23 meeting
be approved as circulated. Motion seconded. Councilwoman Doyle moved
to amend the motion to include the proposed corrections submitted by
her with the exception of the correction relative to the date of
March 1, 1975 being the date that the demolition of the building at
1017 Bay must be completed. Seconded and carried with two nays.
Councilwoman Doyle moved to correct paragraph four, page 1, by the
elimination of the following sentence; (and then begin demolition of
the building which must be completed by March 1, 1975). Seconded.
Motion lost with Councilwoman Doyle yes. Original motion as amended
approved.
Mr. John A. Mills and Mr. Walter Lamphere, both residents on Maple
Street addressed the Council requesting that something be done about
''improving the condition of Maple Street before the winter sets in.
n (tR.Is4Vy
Mr. Robert �, Bremerton - Tacoma Stages, requested that the bus
stopA-t4'Ndv''ed from the existing spot to a spot adjacent to the
Peninsula Feed Company, stating that this appears to be a safer place
to park and also safer for the riders. Chief Dow stated that he also
feels the change would be a better spot. Referred to Street and
Alley Committee.
Mr. Howard Mulkey, 1121 Tacoma Street, questioned the easements for
the drainage plan of the City to accomodate the runoff from the
Radey Pond, in that the natural drainage flow that now exists does not
flow where the City is requesting the easement. Also disagreed with
the hold harmless clause for the City included in the easement.
Attorney informed Mr. Mulkey that the hold harmless clause is only for
the original construction of the system. Mayor informed Mr. Mulkey
that the City Engineer is on vacation and that on his return the
matter will be straightend out.
Mr. Frank Haberlach, 109 Seattle Street, gave the Council a short
rundown on a proposed group medical, dental and life insurance plan
by the Standard Insurance Company of Portland, Oregon, also stated
the proposal is good until October 31, 1974, and at that time the
rates as proposed would be subject to change.
Attorney McCluskey read the Settlement Agreement between Mr. & Mrs.
Wayne Darbro and the City of Port Orchard, that Mr. & Mrs. Wayne
Darbro have received their costs and expenses including attorney's
fees and have executed their release of all claims against the City,
and in consideration of said release, the City will within 18 months
make every reasonable effort to fill Radey Pond. Attorney recommended
approval. Councilman Caldwell moved that the Council approve the
agreement and authorize the Mayor to sign on behalf of the City. Seconded
and carried. Mr. Darbro asked the Council the procedure for citizen
participation in the filling of the pond and was informed to contact
the Superintendent of Public Works whenever any citizen was desirous
of such participation and the Superintendent will advise.
Chief Dow excused at 8:25 by Mayor Powers.
Chairman of the Street and Alley Committee will meet with the Downtown
Business Association relative to rearrangement of the parking plan.
On motion by Councilman Libby, seconded and carried, Council approved
the expenditure of $150.00 by the Chief of Police to attend th
winter Sheriff and Police Chief's Conference in Moses Lake on
4, 5 and 6.
October 15, 1974
Page Two
Chairman of the Police Committee reported
lem and time wasted in the use of the gas
would like the Council to consider a new
each department to have a separate meter.
a pump would be $650 to $700.
that there is quite some prob-
pumps by all departments and
type of pump which would allow
The approximate cost of such
On motion by Councilman Fulton, seconded and carried, Council approved
the setting of a hearing on the petition of Norma Brady, Route 6, Box
159A, to vacate a portion of Port Street at 8:00 P.M. November 12, 1974.
Attorney informed Council that the Council may not be allowed by law to
vacate this portion of Port Street as the R.C.W. 35.79.030 prohibits
vacating of street which abuts on salt or fresh waters. Attorney will
review the law and report back to Council.
Mr. Richard Warren of Kramer, Chin and Mayo, explained to Council
the final draft of the Environmental Impact Statement and stated
that the Council could approve the E.I.S. at this meeting or if
they had not enough time to review the E.I.S., hold it over until
the following meeting. Also, that he would like the Council at
this time to approve the firm to commence with the final design
portion of the plan. Councilman Fulton moved to approve the final
draft of the E.I.S. for the Water Improvement Program. Seconded
and carried with Councilwoman Doyle voting no. Councilman Fulton
moved that the Council approve the firm of Kramer, Chin and Mayo
to start the design stage of the Water Improvement Program and
for the City staff to work with the City of Bremerton on the
contract for water with the City of Bremerton and to see that all
permits and/or franchises are obtained. Seconded and carried
with Councilwoman Doyle voting no.
Mayor Powers declared a 10 minute recess at 9:40 P.M.
Council re -convened at 9:50 P.M.
On motion by Councilman Caldwell, seconded and carried, Council set
the date for the hearing on the petition of Edward Sundt, 220 Farragut
Street, to vacate a portion of Hemlock Street for 7:30 P.M. November
12, .1974. Councilwoman Doyle stated that the whole area should be k�g
considered and not on a piecemeal basis. 600 sRQ�'G yrM ,
Councilwoman Doyle moved to refer this section of the City4 to the
Planning Commission, requesting them to study, review and recommend as
to the long range land use and development of the area: the area in-
volved would be from Bay Street south to the Bethel Y. Motion seconded
and carried with two nays.
On motion by Councilman Caldwell, seconded and carried, Council rejected
claim in the amount of $425.96 submitted by Underwriters Adjusting Company
on behalf of Debbie MacMillian for damages to her car on Port Orchard
Boulevard, July 26, 1974.
On motion by Councilman Geiger, seconded and carried, Council approved
Resolution 01138 authorizing the Clerk to appropriate revenue received
in excess of anticipated budget estimates in the amount of $11,025.00
to the Water -Sewer Fund.
On motion by Councilman Fulton, seconded and carried, Council approved
Ordinance #937 levying the ad valorem tax for the year 1975 in the
amount of $118,943.00.
On motion by Councilman Van Zee, seconded and carried, Council approved
the request of the Downtown Port Orchard Association to install Christmas
street decorations on Bay Street for the holiday season.
Clerk read letter relative to bike trails from the State Highway Depart-
ment. Letter stated that there are no available funds to construct�
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October 15, 1974
Page Three
On motion by Councilman Caldwell, seconded and carried, Council approved
the Mayor's appointment of Mr. Wayne Darbro, 1320 Garrison Street, to
the Park Commission to fulfill the vacancy of Mr. Maynard Lundberg, 118
Farragut. The term will expire March 31, 1975.
Attorney McCluskey informed Council that he has researched the position
of the City relative to vacating streets which were platted in the County
and which may fall under the conditions of R.C.W. 36.87.090 and that the
provisions of R.C.W. 36.87.090 do not apply. Further stated that Mr.
Robert Gehring is entitled to the total piece of land as petitioned
and described in Resolution #1134.
Attorney reported that the City has no option on the regulating of
gambling in the City. The County sets the regulations.
Attorney reported that the City has no jurisdiction over the installation
of holding tanks for seweragelO"�,` so, the City has no power to enforce
regulations inside the Marina. Clerk will contact Mr. Robert Meyers,
Port of Bremerton Manager relative to the matter.
Attorney informed Council of the letter received from the City Building
Inspector concerning a Council member who is in violation of the Building
Code and also stating that he must by law enforce the ordinance. Council-
woman Doyle stated that the Notice of Viol i was ng on the door and
that she had called the Building Inspector aan R �a a letter st�g
t r�Jyy Attorney McCluskey p`rW13'&re a letter
on this subject to CouncilwomantDoyle. ��nF T F Vs,col-li�J�. �+vsr� js
�"ic�+itr D rCl KNery w hN 4 tff R`"-NrA �o � A,a wHO Hr, gtcwfr2 �Sr
Matter of Business Registration Ordinance continued until next meeting.
Councilman Geiger reported that the Committee on the Lowry Zoning Plan
did not meet as yet. They had met on a budget session and also met
with the negotiators for the Employees Union. They are at an impasse
at this time and the Committee needs some guidelines from the Council
as a whole in order to negotiate. Executive session of the Council set
for 7:30 P.M. Wednesday, October 16, 1974 to discuss union procedures.
Councilman Roos suggested that a news item be prepared for the press
to inform the citizens that there will be no blacktopping done in the
City this year as the cost of material is quite high and the availability
of the material is scarce. The County is not going to complete their
normal amount of blacktopping for the above reasons.
Councilman Van Zee reported on the Parks Committee meeting. Also stated
that of the 23 trees which were planted in the area of the liquor store,
18 were dead. The City will replant the five good trees in the area at
the east end of the parking lot near the steps. The City will leave
the 18 dead trees where they are until spring. Clerk will forward a
letter to the Port of Bremerton informing them of the 18 dead trees. They
have indicated they will replant new ones.
Councilwoman Doyle stated that the Council should expedite the construction
of the bicycle trail plan. A letter will be sent to the Courrty Planning
Commission stating that the City approves the priorities as s8t forth in
the plan submitted to the City Council on September 23, 1974-and the
City agrees that this should be a joint l4nn n vent e. Mr`. Nart�n f'�,j,c 7'
of the IAC needs further information r� cowe+ rt� c .� �a1 "c ,Z T .
the next allocation date is January 2, 1975. Should inquire from
the Youth Group Leaders as to what they think would be useful in
connection with the activities in the Active Building iF75 �t Le 4SK—ro F`12- R17,1)
P
Council Caldwell informed Council there are 10 or 12 parking spots for
the live -ins of the Marina if the City would agree on Port Street.
Should charge some reasonable rate for the parking.
'vReported that the Puget Sound Power and Light Company will do a study
on the Port Orchard Blvd. lights.
C r, 3 Lb e L1/ October 15, 1974 Page Four
Reported that both garbage trucks are giving trouble and repair costs
are quite high. The City should consider new units or come up with some
other method of disposing of City garbage.
Councilman Fulton reported that Well #6 is not pumping.
On motion by Councilman Caldwell, seconded and carried, Council approved
the passage of Ordinance #936 vacating a portion of Division Street as
described in petition of Mr. Robert Gehring. Councilwoman Doyle voting
no.
On motion by Councilman Geiger, seconded and carried, Council approved
the bills and the vouchers #10494 through voucher #10612 in the amount
of $27,106.66 be paid and September payroll in the amount of $28,906.75
be allowed.
Meeting adjourned at 12:00 P.M.
/ CLERK
r j,~� �;r� �E�/' f MAYOR
Minutes of October 15, 1974.
Changes recommended by Councilwoman Doyle.
Page 1, Paragraph 4: Misspelled name (Robert Morsey), Should be
(Morrissey).
Second line, after stop, insert Westbound.
Page 2, Paragraph 8, line 1.
After word City, insert (bounded by Mitchell Avenue and Highway
160 to Bay Street).
Bottom of page 2, after the word construct, delete (a part across
Blackjack Creek). Add after construct, (trails at this time).
Page 3, Paragraph 4, line 2. After sewerage, add (on boats).
Paragraph 5, line 5. After called, delete (the building inspector)
and insert (Les Knobbs), also line 5, after and delete (wanted)
and insert (requested), also line 5, after letter, delete (stating
the violations and the accuser) and inserting (Ms. Doyle said,
that under the U. S. Constitution she is entitled to know what
the accusation is and who the accuser is). Line 6, after McCluskey,
delete (will) and insert (told he would).
Paragraph 10, line 5, after Mr. insert Milt. Line 6, after
information, delete (relative to the funding of priority items
as) and insert (and completed application for the project).
Line 9, after Building, insert (Ms. Doyle asked for and received
informal approval).
Paragraph 12, before reported, insert (Caldwell).
Page 4, First line before reported, insert (Caldwell.)