04/27/1998 - Regular - MinutesPort Orchard, Washington
April 27, 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. Council members present: Clauson, Morrison, Wyatt, Geiger,
Powers, Van Zee and Stansbery. Staff present: Police Sergeant Loflin, City Planner Gross, City Engineer
Curies, City Clerk Parks, Assistant City Attorney Hanson and Fire District No. 7 Contract Representative,
Assistant Chief Snow.
Councilwoman Powers led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Richard A. Brown addressed Council regarding proposed development of the South Sidney Business
Park located in the Sidney Road-Sedgwick Road intersection area. This property is currently zoned
Commercial. Mr. Brown reported that the County's proposed draft comprehensive plan would take away
the Commercial zoning. He requested Council take a strong stand and fight to have this property
designated as a City Urban Growth Area and keep the Commercial Zoning. Mayor Weatherill assured
Mr. Brown that the City has requested meetings with the County Commissioners to discuss the City's
UGA designations.
Scott Shanks, representing First Western Development Corporation, approached Council relative to the
commercial development planned for the southwest quadrant of the Sidney Sedgwick intersection. A
portion of this development is situated within City limits (Albertson's & mini -mart) and the remainder is
under Kitsap County jurisdiction and is not designated as an Urban Growth Area for the City. Growth
Management Act does not allow the City to provide water to areas outside an UGA unless there is a
public health issue. The Kitsap County Health Department has requested the development be hooked
into the City water main. Mr. Shanks requested the City allow this project to hook into City water main.
Mayor Weatherill referred this issue to the Growth Management Committee for review and
recommendation.
Ray MacPherson, representing the City Employees Health Promotion Committee, requested Council
approval for the Mayor to sign a Health Promotion Grant Application. This grant is available from the
Association of Washington Cities to assist in fostering wellness and health promotion. if the grant were
awarded the City would receive $20.00 per covered employee.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized Mayor
Weatherill to sign the Association of Washington Cities Health Promotion Grant Application.
Nick Repanich, 940 Grant Avenue, voiced concern that his neighbor was cutting trees on a public right of
way that lies between their properties and removal of the trees would jeopardize the slope stability. Mary
Felts, the neighbor, stated she thought city staff had given the "OK" for her to cut the trees to improve her
view. City Engineer Curies confirmed the trees had been cut without permission. Mrs. Felts requested
Council authorization to allow her tree cutter to take down the trees/brush remaining within the right of
way.
After considerable discussion regarding current tree cutting procedures, Councilman Morrison moved to
adopt the following formal tree cutting policy for trees within city right of way; (1) Evergreen trees should
not be removed except when public safety is an issue; (2) Deciduous trees can be removed by the city
with the city retaining a qualified person with proper insurance; (3) If a property owner requests trees to
be removed to improve their view, the property owner will be billed for the cost of removing the trees.
Motion seconded by Councilman Stansbery. Motion approved with five ayes and two nays.
Councilmembers Powers and Wyatt voting no.
Mayor Weatherill presented the 1997 Holiday Good Neighbor Awards. The recipients of the Residential
Award were Michael and JacQue Wilson. Deborah Danielson, Manager of the Sidney Gallery located at
April 27, 1998
Page 2 of 4
202 Sidney Avenue, accepted the Commercial Award on behalf of the Sidney Museum and Art
Association who own and operate the Sidney Gallery.
At 8:45 PM Mayor Weatherill called for ten-minute recess and subsequently reconvened meeting into
session at 8:55 PM.
City Clerk reported on the following bid openings:
1. Firewood Bid —Bids opened April 22, 1998 at 4:30 PM. Two bids were received
Kevin or Julie Brown $155.50
Clyde or Margie Abelein $167.50
On motion by Councilman Geiger, seconded by Councilman Van Zee Council accepted the
bidding and awarded the firewood bid to Clyde or Margie Abelein for the sum of $167.50.
Police motorcycle— Bid opening scheduled for April 22, 1998 at 4:30 PM.
No bids were received for the Police Motorcycle. The motorcycle will be taken to Stokes
Auction.
3. Surplus Fire Department Equipment — Bid opening scheduled for April 23, 1998 at 4:30 PM.
No bids were received for the fire dept equipment. South Kitsap High School had
submitted a request that the surplus fire equipment be donated to the schools KPREP
Program. By general consensus, Council members directed Assistant Chief Snow to
review list of surplus fire department equipment and determine what items were
appropriate for donation to the school. Items that should not, for safety reasons, be
donated to the school will be disposed of in the best interest of the City.
4. Perry Avenue Street Repair -- Bid opening has been rescheduled to April 30, 1998 at 4:30 PM.
Proposed Ordinance No. 1720 relating to handicapped parking was presented for discussion.
Councilmembers requested this proposed ordinance be held over to allow review to assure that it is
consistent with State statutes regulating fines for parking in a handicap parking space.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council unanimously approved
application for Public Event for the Loyalty Day Parade (May 2, 1998) as submitted by District 4 Veterans
of Foreign Wars, conditioned upon compliance with public safety recommendations.
Councilman Morrison moved to approve the application for Public Event as submitted by the Port Orchard
Chamber of Commerce for the Great Ball Race on July 18, 1998. Approval conditioned upon compliance
with all public safety recommendations presented by staff. Motion seconded by Councilwoman Powers
and approved unanimously.
Councilman Clauson moved to remove from the table, motion to approve Resolution No. 1805 relative to
establishing an increase and/or decrease of speed limit on city streets or intersections. Motion to remove
from the table seconded by Councilman Van Zee and approved by unanimous vote.
City Engineer Curies clarified the purpose of this resolution is to include the portion of Bay Street that is
within the recently annexed Ross Point area in the City's Speed Limit Resolution. He explained speed
limits on all city streets are set at 25 MPH by State statute unless increased or decreased by Council.
Councilman Clauson requested a map be attached in the future when revisions to the speed limit
Resolution are proposed.
Councilman Van Zee called for the question on original motion as presented by Councilman Clauson
(April 13, 1998 Council meeting) to approve proposed Resolution No. 1805 amending Resolution No.
April 27, 1998
Page 3 of 4
1757 establishing an increase and/or decrease of speed limit on city streets or intersections. Original
motion was seconded by Councilman Van Zee. Motion was approved by unanimous vote.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Sidney Museum
and Art Association request for six parking spaces on Prospect Street at the southwest corner of Prospect
and Sidney Avenue on June 27, 1998 during their "Ice Cream Social Event".
The Consent Agenda was presented for Council consideration. Councilman Geiger moved to remove
Item E (proposed Resolution relative to Wolf/Vengler Special Use Permit) for separate consideration.
Motion seconded by Councilwoman Powers and approved.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved the following
Consent Agenda items:
a. Minutes of the following Council meetings:
(1) April 13, 1998 regular meeting
(2) April 8, 1998 continued zoning meeting
(3) April 9, 1998 continued zoning meeting
(4) April 16, 1998 continued zoning meeting
b. Claim Warrants number 28678 —28733 in the amount of $44,654.78.
C. Fireworks Stand Permits
Nelson Wagner for Muster Team - Stockmarket Parking Lot
Jim Strode - 1011 Bethel Rd (Hi -Joy Bowl Parking Lot)
Rochelle's Fireworks - South Kitsap Mall Parking Lot
d. Addendum to Professional Services Agreement between the City of Port Orchard and
Case Law Office, Inc. P.S.
Councilman Geiger moved to reconsider motion presented at the April 13, 1998 City Council meeting that
approved Special Use Permit as submitted by Darin Wolf and Amy Venglar. This would allow a drive
through espresso stand on property located at 775 Olney Avenue. Motion to reconsider seconded by
Councilman Stansbery and carried with five ayes. Councilman Wyatt did not participate in vote due to
conflict of interest and Councilwoman Powers did not vote because she had not participated in the public
hearing process.
After lengthy discussion on various conditions which were an integral part of the motion to authorize
issuance of the Special Use Permit, which included but were not necessarily limited to Health Department
approval for use of bottled water and the survey to be completed prior to opening of the espresso stand,
Councilman Clauson moved to adopt Resolution No. 1806 and authorize issuance of a Special Use
Permit to Darin Wolf and Amy Venglar for property located at 775 Olney Avenue to allow an espresso
stand at 775 Olney Avenue.
Councilman Stansbery, Chair of Public Safety Committee, presented recommendation to replace the fountain
proposed for the new city hall with a statue of a police officer holding a child's hand. Recommendation was
referred to the Public Property Committee for review and final recommendation. The Public Property
Committee has coordinated all design aspects of the new City Hall Project.
Councilwoman Powers voiced appreciation to Tag Larson and the local Youth With A Mission organization.
YWAM is a Christian youth organization who recently cleaned several City parks as a service to the
community. Mayor Weatherill and councilmembers concurred with Ms. Powers comments praising the youth
in this organization.
April 27, 1998
Page 4of4
Council addressed letter from Marlene Cole, Chairperson for the South Kitsap Habitat for Humanity that
requested permission to place sandwich board type signs on city property at major intersections, Bay
Street & Bethel, Bethel & Mile Hill Drive (Hi -Joy Bowl), & Ross Point area, for the whole year of 1998.
After discussion on signs advertising fund raising events for this organization in past years, Council by
general consensus, concurred that approval which was granted for SK HfH signs on city property would
be continued for the year 1998.
Councilman Geiger moved to ratify labor negotiations with the Firefighters Union on the Lieutenant back pay
issue. Back pay is proposed from June 22, 1997 to January 3, 1998 at the rate of 105% of the top step
firefighter position. Motion seconded by Councilmen Clauson and Morrison and approved by unanimous
vote.
Councilmembers by general consensus approved Lynn Erickson's request for permission to replace the
ropes on the marquee poles. Council also requested Mayor Weatherill send letter to appropriate downtown
property owners requesting the marquee painting project be completed prior to Memorial Day.
On motion by Councilman Morrison, Chair of Street Committee, seconded by Councilman Wyatt, Council
unanimously approved the Fathoms O' Fun Public Event Application authorizing use of city property for the
annual parade and carnival.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the City
Engineer to retain Kerigan Enterprises to perform a survey of the "Red Barn" property on Mitchell to
determine the property clean up cost.
Councilwoman Powers moved to accept bid proposal from Thompson Pile Driving to install the new ramp at
the DeKalb Pier for a cost of $1,900 plus tax, seconded by Councilman Morrison and carried.
Councilman Clauson moved to approve all seven (7) of the additive alternatives on the City Hall Project and
authorized staff to prepare Resolution No. 1807 for Mayor Weatherill's signature to confirm this action,
seconded by Councilman Morrison and approved by unanimous vote.
Fire District Contract Representative, Assistant Chief Snow reported on Community After Action Briefing,
which was attended by approximately 90 citizens to discuss the Cedar Heights Apartment fire. District
explained response, fire fighting, and after incident procedures. Chief Snow stated the briefing was well
received by those in attendance.
At 11:07 PM Mayor Weatherill adjourned Council into Executive Session for twenty minutes to discuss a
personnel matter. Executive Session was subsequently extended an additional thirty minutes.
Council reconvened into regular session at approximately 11:55 PM.
Council by general consensus concurred with Mayor Weatherill's appointment of Police Sergeant Loflin to the
position of Acting Police Chief during Chief Mathew's temporary disability absence.
Meeting adjourned at 11:57 P.M.
l
1
Patricia Parks, City Clerk
LESLIE J. WEATHERILL, MAYOR