04/13/1998 - Regular - MinutesPort Orchard, Washington
April 13, 1998
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, 216 Prospect Street. Councilmembers present: Clauson,
Morrison, Wyatt, Geiger, Van Zee, and Stansbery. Councilwoman Powers excused. Staff
present: Deputy Clerk Merlino, Police Sergeant Loflin, City Planner Gross, City Clerk Parks, City
Attorneys Hanson and Ryan, and Fire District 7 Contract representative, Assistant Chief Snow.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Bob Baxter, 871 Bethel Avenue, stated he would like to become involved in the process of
developing the new sign ordinance. Mr. Baxter asked for a copy of the draft sign ordinance.
Mayor Weatherill advised Mr. Baxter he will be notified of any future meetings and will also
receive a copy of the draft sign ordinance.
Ron Rada, President of the Port Orchard and South Kitsap Area Chamber of Commerce,
addressed Council concerning the Application for Public Event regarding the "Great Ball Race",
scheduled for July 18, 1998. Mr. Rada explained this event is requesting permission to close
Cline Avenue from Dwight Street to Kitsap Street and also block the intersection of Cline Avenue
and Kitsap Street for approximately 1-hour. Mayor Weatherill advised this application will be
reviewed by the Street/Alley Committee with a recommendation at the next Council meeting.
Mayor Weatherill opened the 7:30 PM Public Hearing regarding an application for a Special Use
Permit as submitted by Darin Wolf and Amy Venglar to establish a drive -through and walk-up
espresso stand, located at 775 Olney Avenue. LEGAL DESCRIPTION: Attachment "A"
Councilman Wyatt stepped down from Council table and refrained from voting due to a conflict of
interest.
City Planner Gross brought Council up-to-date on the Planning Commission's recommendation
for denial specifically due to the following reasons:
❑ The proposed location of the espresso stand is in close proximity to a utility pole, does not
meet required setbacks and service lane widths, and could therefore result in unsafe traffic
ingress and egress.
❑ The testing of ground water from the well showed arsenic levels above maximum ground
water quality standards, and petroleum hydrocarbons are present in the soil and surface
water.
❑ The property is a level 5 site on the Department of Ecology's Hazardous Sites List.
Mayor Weatherill called for audience comments regarding an application for a Special use Permit
as submitted by Darin Wolf and Amy Venglar for property located at 775 Olney Avenue.
Darin Wolf, applicant, explained the events leading up to the submittal of the Special Use Permit
Application. Mr. Wolf advised they will provide bottled water for the espresso stand, no walk-up
April 13, 1998
Page 2 of 6
customers will be allowed and they will move the structure to provide for a 12-foot pull -through
driveway.
Sandra Wolf, owner of property, responded to questions from Council concerning what has been
buried on the site. Mrs. Wolf advised prior to the EPA regulations, the property was used for
many years as a vehicle repair shop indicating that oils and metal shavings as well as natural
vegetation, cement and debris from construction sites have been buried on this site.
Richard Wolf also advised the City of Port Orchard dumped debris on the property.
Chuck Hamlin, neighboring properly owner, stated the Wolf s have made improvements to the
property and the project will be an enhancement to the neighborhood.
Bonnie Halvorson, Food and Living Environment Program Manager for the Bremerton/Kitsap
County Health District, advised the Health Department does not have a problem with the espresso
stand using bottled water on the site as long as the site is self-contained.
Mayor Weatherill called for additional audience comments regarding an application for a Special
Use Permit as submitted by Darin Wolf and Amy Venglar for property located at 775 Olney
Avenue. 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 Van Zee moved to approve the Special Use Permit establishing a drive -through
espresso stand, located at 775 Olney Avenue, submitted by Darin Wolf and Amy Venglar,
seconded by Councilman Clauson.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council amended motion to
include the following 8 conditions:
1. The property must be surveyed. The survey must be recorded prior to the
espresso stand opening for business.
2. The espresso stand shall not use the public right of way for a service lane without
written authority from the City of Port Orchard. Service lanes shall be a minimum
of 12 feet in width with directional arrows guiding traffic flow.
3. The building shall be re -positioned to meet setback requirements and shall have
barrier protection at the service lane approaches.
4. Written approval from Washington Department of Labor and Industries approving
the electrical system is required prior to opening for business.
5. The Bremerton-Kitsap County Health District prior to opening for business must
issue a Food Establishment License.
6. Signage is limited to the two (2), three (3) foot by four (4) foot non -illuminated signs
depicted in the site plan and shown in the digital photographs taken March 2, 1998.
April 13, 1998
Page 3 of 6
No additional signage is permitted without first obtaining a sign permit, and no
signage is permitted to encroach into the right of way.
7. Any future expansion of the espresso stand including external seating areas
requires additional City Council review under a revised Special Use Permit.
8. The terms of the Special Use Permit shall commence within 180 days from the
effective date of approval. If the time limit for development expires and
development has not commenced, or the use permitted by this permit does not
exist, the permit shall be considered void. No notice need be given nor hearing
held.
Motion as amended passed with 5 ayes and 0 nays.
Council unanimously approved the original motion as amended approving the Special Use Permit
with 8 conditions of approval to establish a drive -through espresso stand, located at 775 Olney
Avenue, submitted by Darin Wolf and Amy Venglar.
Mayor Weatherill called for a 10-minute recess with meeting reconvening at 8:40 PM.
Diane Sugzda, CEO of Kitsap Community Federal Credit Union, presented illustration of the
signage proposed for their new facility located on South Kitsap Boulevard. Ms. Sugzda gave a
brief presentation on the past and future plans for the credit union.
Mike Strope, Capitol Sign and Awning, described the dimensions, placement and internal
illumination of the signs proposed for the new facility located on South Kitsap Boulevard. Mr.
Strope further described the four signs as being composed of natural materials.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the
dimensions and placement of the four signs proposed for the Kitsap Community Federal Credit
Union located on South Kitsap Boulevard.
City Clerk reported on bid opening held April 2, 1998 at 4:30 PM regarding the Bethel Wye
Roundabout. Three bids were received with the required bid bonds and acknowledgement to
Addendum No. 1.
RV & Associates $426,657.05
Ace Paving $468,804.25
Rodarte Construction $482,949.00
ENGINEER'S ESTIMATE $350,379.00
On motion by Councilman Morrison, seconded by Councilman Clauson, Council accepted the
bidding for the Bethel Wye Roundabout and awarded the contract to the lowest bidder, RV and
Associates in the amount of $426,657.05.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized Mayor
Weatherill to sign Supplement #2 which adds $240,348 of federal funding to the Bethel Wye
April 13, 1998
Page 4 of 6
Project and Supplement #4 which adds an additional $52,035 to the consultant's contract (SCA
Engineering) which provides for construction administration of the Bethel Wye Project.
On motion by Councilman Van Zee, seconded by Councilman Stansbery, Council removed from
table the Tabled Motion authorization for City Engineer to consolidate the 6 commercial business
signs, located on the Port Orchard Boulevard (near Bay Street) into one sign.
Councilman Geiger moved to amend motion to have each individual commercial business pay
their fair share of the installation and placement of the new sign located on the Port Orchard
Boulevard, seconded by Councilman Morrison and carried.
Council unanimously approved original motion as amended to authorize the City Engineer to
consolidate the 6 commercial business signs located on the Port Orchard Boulevard (near Bay
Street) into one sign with each individual commercial business paying their fair share of the
installation and placement of the new sign.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council approved the
Application for Public Event as submitted for Kitsap Regional Farmers Market for 28 Saturdays,
starting April 25, 1998 through October 31, 1998.
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved the
following consent agenda items with item 5F removed for further review
a. Minutes of the following Council meeting:
(1)
March 23, 1998 regular meeting
(2)
March 30, 1998 continuation of March 23, 1998 regular meeting
(3)
March 18, 1998 continued zoning code meeting
(4)
March 24, 1998 continued zoning code meeting
(5)
April 1, 1998 Study Session on Sign Ordinance
b. Approval of Claim Warrants Number 28552-28677 in the amount of
$248,577.19 and March, 1998 Payroll Warrants 129155-129321 in the amount
of $193, 678.12.
C. Declare fire department equipment and clothing as surplus to the needs of the
city and authorize disposal in the best interest of the city. Attachment "B"
d. Resolution No. 1803 establishing a public works small works roster and
procedures to purchase for the City of Port Orchard.
e. Resolution No. 1804 reaffirming the City of Port Orchard's support for the South
Kitsap School District levy on April 28, 1998 and urging the citizens of Port
Orchard to join in.
f. Removed for further discussion. Proposed Resolution No. 1805 amending
Resolution No. 1757 establishing increase and/or decrease of speed limit on
city streets or intersection.
April 13, 1998
Page 5of6
g. Ordinance No. 1717 amending Ordinance No. 1652 authorizing a one year
extension for the Preliminary Plat of Golden Pond Subdivision.
h. Ordinance No. 1718 amending Ordinance No. 1632 authorizing a one year
extension for the Preliminary Plat of Aidan Place Subdivision.
i. Ordinance No. 1719 amending Ordinance No. 1635 authorizing a one year
extension for the Preliminary Plat of Rockport Subdivision.
Councilman Clauson approved Resolution No. 1805 amending Resolution No. 1757
establishing an increase and/or decrease of speed limit on city streets or intersections,
seconded by Councilman Van Zee.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council tabled motion
approving Resolution No. 1805 amending Resolution No. 1757 establishing increase and/or
decrease of speed limit on city streets or intersections, for further review and clarification.
Mayor Weatherill reported the window period for submittal to the Kitsap County Elections
Department for the Emergency Medical Services Levy has been missed, therefore the City
Clerk's Office will prepare Ordinances placing the Emergency Medical Services Levy for the
City of Port Orchard on the September 15, 1998 and/or November 3, 1998 ballot.
Mayor Weatherill made the following public disclosure regarding the possible sale of the
property located at 900 Mitchell Avenue (Red Barn property) between the City of Port Orchard
and the Kitsap County Housing Authority. Mayor Weatherill advised, he is a current board
member of the Kitsap County Housing Authority. City Attorney Ryan further disclosed, he is
the attorney for the Kitsap County Housing Authority, however the Housing Authority has
consented to allow Mr. Ryan represent the City, and in return the Housing Authority has hired
an outside attorney to represent them.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
Mayor Weatherill to sign the Addendum to Contract for Incarceration of City Prisoners
between the City of Port Orchard and Kitsap County setting the terms of the contract for one
year from January 1, 1998 to December 31, 1998.
Mayor Weatherill placed into the Street/Alley Committee for review a request from the Sidney
Museum and Arts Association to use (6) six parking spaces on Prospect Street at the
southwest corner of Prospect and Sidney Avenue on June 27, 1998.
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council authorized City
Staff to prepare an ordinance placing the Emergency Medical Service Levy on the September
15, 1998 and/or November 3, 1998 ballot. NOTE: This ordinance will be placed on the April
27, 1998 council agenda for consideration at the May 11, 1998 City Council meeting.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized
the City Engineer to contract with Stripe Rite to stripe the streets for a cost of $8,530.
April 13, 1998
Page 6of6
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the
Mayor to sign and amend Art Anderson and Associate's contract for the new city hall project,
in the amount of $147,130 for assistance in construction administration.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the
Mayor to sign contract with General Testing Laboratories to provide solid and concrete testing
for the new City Hall project.
At 10:01 PM Mayor Weatherill adjourned Council into Executive Session to discuss a real
estate transaction for approximately 30 minutes.
At 10:30 PM Mayor Weatherill reconvened meeting into regular session.
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council authorized the
Mayor to sign Sales Agreement with Kitsap County Consolidated Housing Authority for city
property located at 900 Mitchell Avenue (Red Barn property), final terms subject to City
Council approval.
Meeting adjourned at 10:40 PM
Michelle Merlino, Deputy City Clerk
4 !
LESLIE J. WEATHERILL MAYOR
April 13, 1998
Attachment "A"
AsSRCTR2 11:05 AM
ATS/C2330 LEGAL DESCRIPTION FOR 252401-4-036r-2 008 02/02/98
SECTION 25 TOWNSHIP 24 RANGE lE-
16
17 FROM THE TRUE POINT OF BEGINNING• THENCE SOUTH 88*38'52"
18 EAST 164 FEET, MORE OR LESS TO TkE TRUE POINT OF BEGINNING.
4 ,
PRINT TO FILE --<-
ASSRCTR2 11:05 AM
ATS/C2330 LEGAL DESCRIPTION FOR 252401-4-036-2008 02/02/98
SECTION 25 TOWNSHIP 24 RANGE lE
1
2 FILE NO. 7708040125 >> THAT PART OF THE SOUTHfHALF OF THE
3 NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF'SECTION 25,
4 TOWNSHIP 24 NORTH RANGE 1 EAST W.M. KIT9AP COUNTY,
AT THE
6 NORTHEASTN6ORNERDESCROFESAID SOUTHD ASWHALFEOF``I'HEGNORTHEAST
7 QUARTER OF THE SOUTHEAST QUARTER- THENCE ALONG THE EAST LINE
8 THEREOF SOOUTH 0*3114711 WEST 454-.00 FEET TO THE TRUE POINT
9 OF BEGINNING• THENCE CONTINUING SOUTH 0*3114711 WEST 176.59
10 FEET TO A POINT 30 FEET NORTH' -OF THE SOUTHEAST CORNER OF
11 SAID SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
12 QUARTER• THENCE NORTH 88*3410111 WEST, PARALLEL WITH THE
13 SOUTH LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER OF
14 THE SOUTHEAST QUARTER 87 FEET, MORE OR LESS TO THE
15 EASTERLY MARGIN OF`OEhEY'ROAD; THENCE NORTHWkSTERLY ALONG
PRINT TO FILE
RECEIVED
FEB 2 1998
CITY PUBLIIG WORKS Hr1D
Surplus Fire Dept. Equipment and Clothing
Qty Description
Attachment "B"
April 13, 1998
March 31, 1998
1 Television, Zenith 19" Color S#7708804 BOQ NSA (5-107)
3 Air Purifiers
1 Generator, Kohler M#2.5EM62 S#288018 (600260)
1 Fax Machine Muratec M620 Serial #13230084254998 (600253)
1 Fax Machine Omnifax Serial #G66i03408 (30012514013125)
1 Answering Machine, Code -A -Phone Serial #105073 Model #2920
16 Air Bottles, Aluminum
20 Air Bottles, Steel
21 Face Masks
27 Minitor Chargers
12 Minitor, Gray
13 Minitor, Red
3 Minitor, White
13 Minitor Cases
18 Backpacks
3 Survivair Air Regulators
32 Uniform Shirts, Dark Blue
6 Uniform Shirts, White
18 Helmets
18 Bunker Coats
4 Pair Boots, Rubber
27 Uniform Pants, Dark Blue
1 Macintosh SE Computer Model #F8078LEM5011 & Monitor (600069-A)
1 External Hard Disk Drive Model #STACK/3 (600069-B)
1 Keyboard Apple Extended Serial #235227 (600069-C)
1 ImageWriter LQ Printer Model #A9M0340 Serial #182101955 (600070)
1 Macintosh lici Computer 5MB (M5743LL/A Serial #F2220JG7744 (600071-A)
1 Monitor Color Seiko Instruments(CM-1445C) Serial #1 CM4572B (600071-B)
1 Keyboard Apple II Model #M0487LL/A Serial #2203BX03N (60071-C)
1 Modem Supra Fax Model 14.41-C, Serial #128844 (600243)
1 Mac Tablet Hardware
Fire Truck,1966 Ford (Pierce) Model C-850 Vin #C85LU780139 500 Gallon
Capacity Includes Motorola Micor Radio Model T43RTN190B Serial
#203CCW0625 (6-036)
Fire Truck, 1960 Ford Rooney Model A2005 Engine #C85-ROU9826 500 Gallon
Capacity 750 GPM (Inoperable) Includes Motorola Micor Radio Serial
#203CCW0627 (6-067)