11/22/1999 - Regular - MinutesPort Orchard, Washington
November 22, 1999
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Wyatt, Morrison, Geiger, Van Zee, and Stansbery. Councilwoman Powers excused. Staff present:
Sergeant McCarthy, Deputy Clerk Merlino, City Clerk Parks, City Treasurer Tompkins, City Engineer
Curies, Assistant City Planner/Code Enforcement Bures, City Attorney Montgomery, and Fire District No.
7 Contract Representative Assistant Chief Snow.
Councilman Wyatt led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was
received.
Mayor Weatherill presented a plaque to Tom Gross Project Superintendent for the new City Hall in
recognition for his support in supervising the completion of this monumental project.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a Zone Reclassification
(R-1131) and an application for Subdivision (SUB 99-1) as submitted by Chuck Childress, applicant,
owner and contract purchaser. The property is located east of South Flower Avenue and west of West
Avenue between Goldenrod Street and Fireweed Street. LEGAL DESCRIPTION: Attachment "A"
City Engineer Curies brought Council up to date on the proposed zone reclassification and subdivision.
City Engineer Curies advised revisions have been submitted by the neighborhood and the proponents
however staff has not reviewed them.
James Tracy, attorney representing applicant, advised Chuck Childress, applicant, is requesting to
withdraw his application for a zone reclassification (R-1131) and schedule future meeting with the
neighborhood to reach a mutual consensus. The applicant will bring the plat back to the Planning
Commission for their review and recommendation and then to Council for their approval. Mr. Tracy asked
for Council's concurrence on the withdrawal.
David Hollar, 2397 S. Flower Avenue; Kim Abel, 338 Goldenrod Street, and Larry Musser, 410 Goldenrod
Street, concurred with the applicant's request to withdraw the zone reclassification and agreed to meet
with the applicant to help in the redevelopment of the proposed plat.
Mayor Weatherill called for audience comments either for or against the proposed application for a Zone
Reclassification (R-1131) and an application for Subdivision (SUB-99-1) as submitted by Chuck
Childress. As no response was received, Mayor Weatherill closed the public input portion of the public
hearing and referred this matter to Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the request by
Chuck Childress, applicant to withdraw the application for a Zone Reclassification (R-1131) and
application for a Subdivision (SUB 99-1) for property located east of South Flower Avenue and west of
West Avenue between Goldenrod Street and Fireweed Street.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding the proposed revisions to the regulations
providing the control, management, maintenance and use of public or private water and sewer systems
and providing rates for connection and use of such systems.
City Engineer Curies presented the proposed rate increases by reviewing fund balances in conjunction
with potential future growth; discussed in detail the proposed rate and fee structure for water and sewer
connections and installations; and illustrated fund balances without increases as compared to increased
rates. In closing City Engineer Curies stressed these proposed rates will have.a minimal effect on the city
November 22, 1999
Page 2 of 4
rate payers and in turn the proposed rates will help the city pay for many upgrades to the water and
sewer systems.
Howard Minor, 1400 Bay Street, advised he is not opposed to the rate increase, however expressed a
concern for the city's low-income residences.
Mayor Weatherill called for further audience comments regarding the proposed revisions to the
regulations providing the control, management, maintenance and use of public or private water and sewer
systems and providing rates for connection and use of such systems. As no further comments were
received, Mayor Weatherill closed the public input portion of the public hearing and referred this matter to
Council for their consideration.
Councilman Clauson moved to approve Ordinance No. 1778 repealing Ordinance No. 1768 (POMC
13.04) and reestablishing regulations providing for the control, management, maintenance and use of
public and private water and sewer systems and providing rates for connection and use of such system,
with the following revision to the last sentence of Section 19 to read as follows: "Every day that the
person is in violation shall be considered a separate e#eRse event and Gan -may be charged as such
under this section.", seconded by Councilman Morrison and carried.
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council approved Ordinance No.
1779 amending §4 of Ordinance No. 1733 to extend to March 1, 2000, the term of its limited tax general
obligation bond anticipation note, 1998 (Line of Credit) in the aggregate principal amount of not to exceed
$3,300,000, dated September 14, 1998, and issued for the purpose of constructing a new municipal
facility to serve the Police, Municipal Court, Administration and Public Works, and ratifying and confirming
Ordinance No. 1733 in all other respects not inconsistent with the terms and purposes of this ordinance.
On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council approved Ordinance
No. 1780 adopting procedures and policies related to the use of city hall facilities and authorized fees to
be established by city resolution.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No.
1880 establishing fees for use of city hall facilities and repealing Resolution No. 1867.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council approved Ordinance No.
1781 amending §7 and §8 of Ordinance No. 1276 adopting procedures for the issuance of installation
permits and authorize fees to be established by city resolution.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No.
1881 establishing amounts for public works department administrative fees.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council adopted Resolution No.
1878 establishing a charge for returned checks and repealing Resolution Nos. 1486 and 1714.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No.
1879 reclassifying a position within the Engineering Department from Construction Engineer to Assistant
City Engineer and providing for the salary thereof.
At 8:20 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:30 PM.
On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council approved Ordinance
No. 1777 providing for the licensing of taxicabs; the qualifications of applicants to drive taxicabs within the
City of Port Orchard and providing a penalty for the violations thereof and repealing Ordinance Nos. 507,
781, 881, 1226, 1228, and 1235.
November 22, 1999
Page 3 of 4
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the consent agenda
as follows:
a. Minutes of the November 8, 1999 regular council meeting.
b. Claim warrant numbers 31844-31922 in the amount of $113,013.58.
C. Firework stand request for January 1, 2000 at South Kitsap Mall, same location as Fourth of
July.
On motion by Councilman Clauson, Sewer Advisory Committee Chair, seconded by Councilman Van Zee,
Council accepted the 2000 year budget for the Wastewater Treatment Plant.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the City Clerk to
prepare a draft ordinance establishing a nonsuspendable fine for certain criminal acts, funds would be utilized
for law enforcement expenses. Draft ordinance will be submitted to the Public Safety Committee for their
review, prior to the December 13, 1999 council meeting.
Police Sergeant McCarthy distributed a handout regarding the Port Orchard Police K-9 Log which details the
date, time, agency and items recovered by the K-9 Unit from October 9, 1999 to November 14, 1999.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council authorized the bond
attorney, Hugh Spitzer from Foster Pepper & Shefelman PLLC to prepare the draft bond ordinance relative to
the final permanent USDA funding for the city hall project.
Mayor Weatherill placed into the Street/Alley Committee a petition signed by the downtown merchants
regarding enforcement of the City of Port Orchard's sign ordinance.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the City Engineer
to advertise for a qualified firm to continue the expansion program of the Wastewater Treatment Facility.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign
Marenbach Construction Services, Change Order No. 1, in the amount of $8,365 for the sidewalk repair
project.
On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council authorized the Mayor to sign
Case Excavating, Change Order No. 2, in the approximate amount of $73,000 for the 1999 summer
construction projects.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer
to proceed with negotiations with Gray & Osborne, Inc., Consulting Engineers, to begin the review and study
of the downtown sidewalks in the approximate amount of $26,200. Motion passed with 5 ayes and 1 nay.
Councilman Van Zee voting no.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council adopted Resolution No.
1882 approving the acceptance of the Port Orchard City Hall Project.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer
to proceed with short platting city property located in the 900 block of Mitchell Avenue, in anticipation of
selling the north acre to the Kitsap County Housing Authority, as approved by the City Council on April 13,
1998.
November 22, 1999
Page 4 of 4
On motion by Councilman Van Zee, seconded by Councilman Geiger, Council authorized the sale of city
property (4048-001-022-0107) located in the 1100 block of West Street to Ms. Jane Walker in the purchase
amount of $500. (The ULID fund acquired this parcel of property, it was declared surplus and was advertised
for sale on June 4, 1998, no bids were received.)
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized AGI Technologies
to proceed with Phase II and III of the Wellhead Protection Program for McCormick Woods.
At 9:20 PM Mayor Weatherill adjourned Council into Executive Session for 15 minutes to discuss a personnel
issue.
At 9:31 PM Mayor Weatherill reconvened Council into regular session and urned the meeting.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
It
Attachment if
November 22, 1999
cp-� RECEIVED
LEGAL DESCRIPTIONS FOR FLOWER MEADOWS MAR U 8 1999
CITY OF PORT ORCHARD
PUBLIC WORKS
A portion of In,nd in the Southeast Quarter of the Northwest Qua!ter of Section 2,
Township 23 North, Range 1 East cf the W;Ilamette Meridian in Kitsap County,
Washington described as folio,r;s:
BEGINNING at a point South 89-01' West 797.69 feet and North 00'37' West 825 feet
fr--m the center of said Sect�cn 2; thence North 00'37' West 179.30 feet; thence North
8:: 01' East 487.20 feet; t�ence Soul,r-ei!y 179.30 feet to a point that bears North 89`01'
East from the POINT OF BEGINNING; thence South 89'01' West 483.54 feet to the POINT
OF BEGINNING;
EXCEPT the North 15 feet of the West 215 feet thereof conveyed to Jay Graham and
A:;drey Graham by deed recorded under Auditor's File No. 516469;
TOGETHER WITH the following described property:
BEGINNING at a point South 89101' West 797,69 feet and North 0'37' West 675 feet from
the center of said Section 2; thence South 0°37' East 285 feet; thence North 89101' East
1 10 feet; thence South 0'37' East 15 feet; then,,e North 89'01' East 374.36 feet; thence
N rtherly 300 feet to a point which bears North 89001' East 480.48 feet from the POINT
OF BEGINNING;
EXCEPT the North 75 feet of the West 208 feet thereof;
ALSO TOGETHER WITH the following described property:
BEGINNING at a point which is South 891101' West 797.69 feet and North 0°37.' West 150
feet from the center of said Section. 2; thence continuing North 0°37' West 75 feet; thence..
North 89'01' East 471,30 feet; thence South 0033'10" West 75 feet thence;South,89°01'
West 469.76 feet to the POINT OF BEGINNING; .�
ALSO TOGETHER WITH the followrng._descnbeciproperty '
F -G •1 „ Y
BEGINNING at a point which is South".89°OT' West 331;fe8t and North 00°53';East 75 feet
from the center of: said Section2, thence South 89°01' West dti822 feet tho cep yort4.
00'37' West 75 feet; thence'North 89'01 East 469 76:feet, thence5outh 00'S3 West 75 s
feet to. the POINT OF BEGINNING;
ALSO TOGETHER WITH the West iOb feet o the folioMng descrtbed property
BEGINNING 675 fee► 6Uth t�4}5�" 1 "rt Sgutheas Quarter
at a point c't ieastwgorner of sa(d
of he Northwest Quarter of s6;d;'Sectiori'S2;rhei ce�est 33 feet; thence South 25t3 fe't, '
thenceEast 330 feet; thence No-th 253 bet, the POINT OF BEGINNING,
z { %
ALSO TOGETHER N/ITH :tne loti6wing,desc l.6 roperty
BEGINNING at the Southwest c. ner of the Sc, athrrrest Quarter of the Northeast Quarter
In said Section 2; thence ru^r.;hg Eas to the center of B ack Jack Creek; thence in a''
Northeasterly drection to'a pain, 387 feet North of the south line of the Southwest r;
Q-.;arter of the Northeast Quarter: thence runn!r:g West to the west line of the Southwest
Ouarter of the Northeast Ouarter; thence West 330 feet; thence South 387 feet; thence
East 330 feet to the POINT OF BEGINNING;
Attachment "A"
November 22, 1999
ALSO TOGETHER WITH the following described prc::erty:
BEGINNING at a oo'.^,t 30 feet South -1 the Northeast :-orner of the Southeast Quarter of
the Northwest Quarter of said Sect ,.•• 2; thence Wei. 330 feet; thence South 258 feet;
thence East 330 feet; thence Norm P58 feet to the POINT OF BEGINNING;
EXCEPT portions conveyed by A.::i:tor's File Nc: 7901030099, 8701200158 and
8804210026;
ALSO TOGETHER WITH the following described prc: erty:
BEGINNING at a point 288 feet Sou- of the Northeast corner of the Southeast Quarter
of the Northwest Quarter of said Sec' on 2; thence West 330 feet; thence South 387 feet;
thence East to the west'.ne of prop C iy so'd to Ralpk- Bernhardt a:�d Juanita Bernhardt,
husband and wife, by deed dated A;.r; _;st 18, 1943 an-:; recorded under Auditor's File No.
380750; thence Ncr,�i a'ong !'--e vie:, line of the Bc -hardt property to the Northwest
comer of said tract; 1,111ence East -'30 feet; thence North to the TRUE POINT OF
BEGINNING;
EXCEPT that portion conveyed by Auditor's File No. 9-29621;
ALSO TOGETHER WITH the following described property:
BEGINNING 675 feet South of the Northeast corne, of the Southeast Quarter of the
Northwest Quarter cf sad Section 2; thence West ' 90 feet to t:,e TRUE POINT OF
BEGINNING; thence Cori nuin;; West 40.feet; thence ' ,uth 258 fee'; ;hence East 40 feet;
thence North 258 fee; to tl e TRUC POINT OF BEGIN,'` ING;
ALSO TOGETHER WITH the following described prc::erty:
BEGINNING at a point 933 feet South of the Northea t Quarter corner of the Southeast
Quarter of the Norlh•;vest Quarter of said Section 2; tlence West 330 feet; thence South
29 feet, more or less, tc a point on a line 387 fee, North of t^.e south line of said
subdivision; thence East 330 feet to the east line of said subdivision; thence North 29 feet,
more or less, to the POINT OF BEGINNING.
AND TOGETHER WITH the following described property:
The East 220.00 feet of the following:
BEGINNING at a point South 89 01' West 797.69 feet and NoAl) 3T Wcst 225 feet from the cen
said Section 2: thence North 0°37' West 165 feet: thence North:89�01' East 100 feet, thence South
feet; thence North 8�i01',East 374.36 feet thence. Southerly 150 feet toda#point whicorth 1
East from the Point of Beginning; thence South 89 O 1'Vesi 47I 30 #'eet fo t}te Point of Begmnutg,
AND TOGETHER WITH the following descnbeil property
k M'' ,
The East 445 fcet of the North 220 feet of the Northeast: quarter of the 5outftwes quarter of Sectroi
Township 23 North Range 1 East, W M.; 'rn Krtsap County Washington's
r
The above description;is a composite of descriptions from deed end does not reftes
field surveys It' is possible that some deed descriptions may betn'fco�rifitcf
disagreement with each other, and will not be"resolved without a fielYsurvey
er of
37'.15
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