01/14/1998 - Regular - MinutesPort Orchard, Washington
January 14, 1998
Council of the City of Port Orchard, Washington, called to regular session by Acting Mayor Pro -tern Carolyn
Powers at 7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison,
Geiger, Powers, and Stansbery. Councilman Van Zee excused. Staff present: City Planner Gross, City
Engineer Curles, City Clerk Parks, City Attorney Ryan, and City Attorney Hanson.
Councilman Stansbery led the audience and Council in the Pledge of Allegiance.
Acting Mayor Pro-tem Powers stated for the record that the regular meeting that was scheduled for Monday,
January 12, 1998 was adjourned until this time as allowed by state statute due to a weather emergency and
that this meeting is considered a regular Council meeting.
Acting Mayor Pro -tern Powers explained some of the regular Council Meeting agenda items will be continued
to the next regular scheduled Council meeting on January 26, 1998 starting at 7:30 P.M to facilitate the
Continued Zoning Ordinance Public Hearing which is also scheduled for tonight.
The public administering of the Oath of Office for new term council members will be held over until the
January 26, 1998 meeting. It was noted that council members who started a new term on January 1 did take
the Oath of Office on January 7, 1998 to allow their participation in the public hearing held on that date.
Acting Mayor Pro-tem Powers called for nominations for the 1998 Mayor Pro -tern position.
Councilman Stansbery moved to nominate Councilwoman Powers for the 1998 Mayor Pro -tern position,
seconded by Councilman Clauson and as no other nominations were received, motion was approved
unanimously by those present.
Mayor Pro -tern Powers opened the Public Hearing relative to grant applications for Transportation
Improvement Board funds for (1) new Park & Ride; and (2) concrete sidewalk on Pottery, south of Tremont
Street. By general consensus Council members agreed to continue this public hearing until January 26, 1998
at 7:35 P.M.
Councilman Morrison requested an executive session to discuss collection service contracts which were
presented for Council consideration. Mayor Pro-tem Powers announced the executive session would be held
later during this meeting.
Council, by general consensus removed New Business Item G (request to surplus fire department equipment)
fFeF, the GeRsent AgeRda and directed staff to resubmit this request at a later date after the Fire Department
1 inventory process is completed. This will allow consideration of potential surplus Fire Department items to be
addressed under one motion.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council unanimously adopted
Resolution No. 1798 calling for a responsible repair to the Ross Point landslide area.
Councilman Clauson moved to authorize up to seven (7) fireworks stand permits be issued for the New Years
Eve fireworks sales period, seconded by Councilman Morrison and carried unanimously.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council adopted Ordinance No.
1706 relating to the regulation of the sale of safe and sane fireworks and providing for licenses and penalties.
This ordinance provides for the transition to the Fire Protection Agreement by changing references to the Fire
Chief to the Fire Authority and also adds language relating to the sales of fireworks during the New Years Eve
period as allowed by state statute.
On motion by Councilman Morrison, seconded by Council Wyatt, Council approved Ordinance 1709 repealing
Ordinance No. 849 prohibiting the disposal of waste material by fire.
January 14, 1998
Page 2 of 4
Councilman Morrison moved to adopt Resolution No. 1796 relating to designation of employee benefits for
Management Employees, seconded by Councilman Geiger and approved unanimously. Clerk explained this
Resolution was presented to remove language listing employment positions that have been abolished by prior
Council action and to add language on various employee benefits which have been approved by prior Council
action.
Councilman Morrison requested Consent Agenda Item D be removed from the Consent Agenda prior to
consideration of the Consent Agenda.
On motion by Councilman Morrison, seconded by Councilmembers Wyatt and Stansbery, Council approved
the Consent Agenda (excluding Item D) as follows:
a. Minutes of the following Council meetings:
1 _ 0 December 22, 1997 regular meeting with following corrections;
1. P4, paragraph 8 — revise to read: "City Clerk Parks advised Council the
cage
Public, Defender Contract....."
b. Approval of Claim Warrants Number 28035 — 28171 in the amount of $157,093.82 and
December 1997 Payroll Warrants 128611-128806 in the amount of $224,084.10.
Ordinance No. 1711 repealing Ordinance No. 1202 and providing for burning or dumping
rubbish on city streets, private property and providing for penalties
GUA El. PF9pesed ReselytieR Ne. 1797 amendiRg ReselytieR Ne. 1571 establishiRo a PeliGy feF the
C)
. Removed for consideration at a later
date.
Councilman Stansbery moved to present a certificate to Dave Nelson recognizing and acknowledging his
efforts to beautify downtown and the community during the Christmas season by erecting the Christmas Tree,
seconded by Councilman Wyatt and approved unanimously.
Councilman Morrison reviewed Council action taken at the December 22, 1997 meeting to authorize
carryover of excess vacation leave for the Fire Chief and Deputy Fire Chief. He reported the requested leave
status information to determine if any other employees had excess leave at the end of 1997. The report
reflects that nine other employees had not reduced their leave bank to the required 240 hours. Council
Morrison expressed opinion that it is unfair to permit carryover of excess leave only two employees when all
employees had been clearly informed from the first of the year that no carry over or pay out for excess leave
would be permitted.
After much discussion, Councilman Morrison moved to offer an extension of 12 month to the nine employees
to use or lose the excess leave that was in their leave accrual account as of December 31, 1997. Motion
seconded by Councilman Wyatt.
Councilman Geiger moved to amend the motion to permit the offer a second option to employees with excess
vacation or holiday leave. The second option would be, upon confirmation of available funds by the City
Treasurer, employees would be allowed to cash out their excess vacation and holiday leave. Motion to
amend died for lack of second.
Original motion to extend to nine employees an additional 12 months to use excess 1997 leave was approved
unanimously.
City Engineer reminded Council members of the Study Session with the Port of Bremerton Commissioners
scheduled for tomorrow January 15, 1998 7:30 P.M.
January 14, 1998
Page 3 of 4
City Planner Gross reviewed information on upcoming Planner Conference which will be held in Port Orchard
on January 24, 1998. Elected officials seeking additional information or wishing to attend were directed to
contact Ms. Gross.
City Planner Gross reported a representative for the Stafford Suites Project has submitted modified building
plans. The City Zoning Ordinance requires any major modification, deviation or departure from the original
approved site plan be reviewed and approved by the City Council. Ms. Gross discussed the modifications
and requested Council determine if the changes are substantial enough to require a public hearing or are the
changes not substantial and staff be authorized to process the building permit application.
After lengthy discussion, Councilman Geiger moved to rule the changes are substantial and a public hearing
shall be held to provide an opportunity for public review and input, seconded by Councilman Clauson and
carried, with four ayes and two nos. Councilmen Morrison and Wyatt voting no.
City Planner Gross requested Council clarification for monopole or cellular tower collocation applications.
Typically, a monopole or cellular tower requires two forms of land use review: a conditional use permit and a
height variance. Clarification was requested for two scenarios.
1. Provider A has been granted approval for a conditional use permit and height variance for a 100-
foot tower. Provider B wants to place a dish, panel or antennae on the approved tower at the 90-
foot level.
Question: Does Provider A (owner of the tower) or Provider B need to obtain a conditional use
permit or variance to locate additional equipment.
COUNCIL CLARIFICATION: Council by general consensus agreed that for additional providers
who propose the same use and there is no increase in the height of the tower, no additional
public hearing or variance process would be required. No change is allowed outside the
approved envelope. Provider A's permission and a building permit are required.
2. Provider A has been granted approval for a conditional use permit and height variance for a 100-
foot tower. Provider B wishes to extend the tower an additional amount of footage and place
their panels at the higher elevation.
Question: Since the use is not changing, is it reasonable to determine that no new use permit is
necessary, and other application requirements such as building permits and Provider A's
permission would be required? If the variance resolution (from the Planning Commission) does
NOT list a specific height is it reasonable to determine that no new variance is needed but that if
the resolution DOES list a specific height, than a new variance must be granted for the additional
footage?
COUNCIL CLARIFICATION: Height Variance — if the request is to increase the height of the
tower the owner of the tower would be required to apply for a new height variance. Conditional
Use Permit — if the second or subsequent use was the same as approved in the original
Conditional Use Permit, no additional approval would be required.
City Attorney Ryan requested an additional 1997 budget appropriation for legal services designated as "other
professional services". This budget cost center is for specific services not covered by the retainer. Excluded
from the retainer fee is representation in Superior Court, State Appellate and Federal Court matters, legal
services for administrative agency contested hearings, and other administrative hearings, negotiation and
drafting contracts, preparation of documents for real estate transactions, and code revisions. Legal services
for these matters are billed at the rate of $95.00 per hour. The 1997 budget appropriation for these matters
was $12,500. Unfortunately, services performed by the City Attorney's office for these matters have
exceeded the budget allocation
January 14, 1998
Page 4 of 4
L2, �LQ4 On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized a budget
allocation not to exceed $6,936.42 to provide for
unanticipated legal services not covered by the retainer for the budget year 1997.
At 9:00 P.M. Mayor Pro -tern Powers adjourned Council into executive session for approximately ten minutes
to discuss a contract issue.
Council reconvened in regular session at 9:11 P.M.
Mayor Pro-tem Powers reopened the Draft Zoning Ordinance Public Hearing which was continued from
January 7, 1998. The purpose of holding a series of continued meetings that constitute one public hearing is
to allow a detailed and thorough review and discussion on the Draft Zoning Ordinance. Due to the time of the
evening, Council members and those in attendance agreed to continue the Draft Zoning Ordinance Public
Hearing to Wednesday, January 21, 1998 at 7:30 P.M. Mayor Pro-tem Powers declared the Public Hearing
continued.
Mayor Pro-tem Powers adjourned meeting at 9:15 PM.
7e4;4 2, - r - � �L 4 4,
Patricia Parks, City Clerk
LESLIE J. WEATHERILL MAYOR