11/23/1998 - Regular - MinutesPort Orchard, Washington
November 23, 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,
and Stansbery. Councilmembers Powers and Van Zee excused. Staff present: Police Chief Mathews,
City Planner Gross, City Engineer Curies, Deputy Clerk Merlino, City Clerk Parks, City Attorney Hanson,
and Fire District No. 7 Contract Representative Assistant Chief Snow.
Councilman Stansbery led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Carolyn Celis, Community Director and Rachel Wilson, Assistant Community Director representing Arbor
Terrace Apartments located at 1790 and 1800 Sidney Avenue requested permission to place a 4'x4' sign
at the intersection of Tremont Street and Sidney Avenue for advertising Arbor Terrace Apartments.
Mayor Weatherill placed this matter into the Street/Alley Committee for review, with recommendation at
the next Council meeting.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate a portion of Rockwell
Avenue (adjacent to the Victorian Tea Room — 1130 Bethel Avenue). LEGAL DESCRIPTION: That
portion of Rockwell Avenue in the Plat of Sweany's Second Addition to Sidney, as per plat recorded in
Volume 2 of Plats, page 18, records of Kitsap County, Washington, described as follows_ Beginning at
the southeast corner of Lot 22, Block 5, said Sweany's Second Addition to Sidney, the True Point of
Beginning; thence North 1 *09'24" east 13.56 feet along the east line of said Lot 22; thence south
88*45'14" east 30.00 feet to the east line of Section 35, Township 24 North, Range 1 East, W.M., in
Kitsap County, Washington; thence south 1 *09'24" west 14.39 feet along said section line; thence North
87*12'21" west along the south line of said plat 30.01 feet to the True Point of Beginning.
City Clerk Parks gave a brief history of this proposed street vacation stating this parcel was part of a 1991
Petition to Vacate. The prior owners of the property Albert and Helen Kleffner petitioned for a vacation of
a portion of Rockwell Avenue. During the public hearing process, the adjacent property owners to the
south (where the O'Donnell's new building is located) presented a property line dispute. Because of the
lack of clarity on the location of the actual property line, the Council deleted this section of right-of-way
and approved vacating the remaining right of way area. The Petitioners, Sandy and John O'Donnell now
own all the property surrounding this section of right-of-way are seeking to have it vacated.
Sandy O'Donnell, Petitioner for the street vacation, reaffirmed their request to vacate this portion of right -
of -way and indicated their intended use is for landscaping purposes.
Mayor Weatherill called for audience comments either for or against the proposed Petition to Vacate a
portion of Rockwell Avenue. As no further 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 Morrison, seconded by Councilman Wyatt, Council approved the vacation of a
portion of Rockwell Avenue (adjacent to the Victorian Tea Room — 1130 Bethel Avenue).
Mayor Weatherill opened the 7:40 PM Public Hearing regarding a request to amend land use conditions
affecting 296 Tremont Street. The applicant is Tom Herstad and he is requesting a revision in the
requirement to limit the property access to one driveway.
Councilman Wyatt stepped down from this hearing and refrained from discussion and voting due to a
conflict of interest.
November 23, 1998
Page 2 of 4
City Planner Gross gave a brief update on the proposed request to modify Condition No. 10 of Resolution
No. 1811 which states the property shall be limited to one driveway. City Planner Gross advised the
property owner is requesting to maintain the existing two driveways that are currently on this property.
Mr. Herstad, property owner, stated the two driveways have worked well for his clients to enter and exit
the site and allows for a safer ingresslegress.
Mayor Weatherill called for further audience comments either for or against the proposed request to
amend a land use condition affecting 296 Tremont Street. As no further response was received, Mayor
Weatherill closed the public input portion of this Public Hearing and referred this matter to Council for their
consideration.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized an
amendment to Condition No. 10 of Resolution No. 1811 allowing two accesses for property located at 296
Tremont Street for a two year period or when the City Council deems it necessary, the property owner will
limit access to Tremont Street to only one driveway. Motion passed with 2 ayes and 2 nays with Mayor
Weatherill voted in the affirmative to break tie vote. Councilmembers Morrison and Stansbery voting nay.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding the draft Planned Residential
Development Standards.
Councilman Stansbery, member of the Growth Management Committee stated the purpose of this Public
Hearing is to discuss incorporating the Planned Unit Development Section into the proposed new Zoning
Ordinance,
Mayor Weatherill called for audience, comments either for or against the Planned Residential
Development Standards. As no response was received, Mayor Weatherill closed the public input portion
of this Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Stansbery, seconded by Councilman Geiger, Council authorized the City
Planner to incorporate the Planned Unit Development Section into the proposed new zoning code.
Mayor Weatherill referred to letter from Lloyd Pugh requesting an extension of time requirement for
compliance with a Notice of Abatement and violations of the Port Orchard Municipal Code, as issued by
the City Code Enforcement Officer for property located on Spokane Avenue.
Lloyd Pugh, Petitioner, advised due to extenuating circumstances and change of plans for the disposition
of the property, he is asking for a 60-day extension of time to allow for the clean-up of the property.
Councilman Geiger moved to grant a March 1, 1999 extension of time to allow for the clean-up of
property located at 1105 Spokane Street subject to petitioner demonstrating proof of progress at the end
of each 30 day period for the March 1, 1999 extension period to continue, seconded by Wyatt and
carried. Motion passed with 3 ayes and 2 nays. Councilmembers Stansbery and Morrison voting nay.
On motion by Councilman Stansbery, seconded by Councilman Morrison, Council approved Ordinance
No. 1743 repealing Ordinance No. 1731 and reestablishing the duties of the Code Enforcement Officer
(POMC 2.64).
On motion by Councilman Morrison, seconded by Councilmen Clauson, Council adopted Resolution No.
1830 establishing the employee position of Public Works Secretary/Technician and providing a step
system schedule for this position, effective January 1, 1999. The current employee will transition to the
"after 4 year" step on the new step system schedule, upon effective date.
November 23, 1998
Page 3 of 4
On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Resolution No.
1841 rescinding the employment position of Administrative Secretary and establishing the employment
positions of Administrative Secretary -Level 1 and Administrative Secretary -Level 2 and providing step
system schedules for these positions_ Effective November 24, 1998 the current employee will transition
to Administrative Secretary -Level 2 at the "after 3 year" step and retain her present pay level. On her
next anniversary date in June of 1999, based upon satisfactory performance, she will transition to the
"after 4 year" step.
Councilman Stansbery, Chair of the Growth Management Committee, moved to authorize a 4'x4' real
estate sign for Herb Loop Associates in the public right of way located at the corner of Old Clifton Road
and Lloyd Parkway for a period of 6 months. The applicant, (Herb Loop Associates) must work with the
owner of the monument sign to achieve a more permanent location for their business sign, seconded by
Councilman Morrison and carried.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved the following
Consent Agenda items as follows:
a. Minutes of the November 9, 1998 regular Council meeting.
b. Claim Warrants number 29788-29861 in the amount of $435,455.62.
Fireworks Stand Permit for New Year's Eve
Rochelie's Fabrics — South Kitsap Mall parking Lot.
Councilman Wyatt, Chair of the Fire Protection Committee, moved to authorize the Mayor to sign a letter
of agreement to be written between the, City and Fire District No. 7 to allow Station 31 to respond and
cover Station 16 (Gorst) when Station 16 is unmanned, provided the average response time called for by
contract is maintained, subject to review and concurrence by the City Attorney, seconded by Councilman
Morrison and carried.
Councilman Wyatt, Chair of the Fire Protection Committee, moved to accept the recommended rate
schedule as approved by the Washington State Association of Fire Chiefs for those services that go
beyond any service outside District No. Ts regular contracted scope of service with the condition no rate
will exceed what Kitsap County is currently charging facilities in their jurisdiction, subject to review by the
City Attorney, seconded by Councilman Morrison and carried.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council authorized the Mayor
to sign the contract with Perteet Engineering for the surveying, design, and bid award on the Pottery
Avenue Sidewalk Project.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the City
Engineer to proceed with negotiation with N.L. Olson & Associates, Inc. for the Gorst Sewer Main Scope
of Work and Estimate of Cost. This sewer main will serve properties east of State Road16.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council authorized Mayor
Weatherill to sign Change Order No. 1 with Kennedy/Jenks for the Wastewater Treatment Facility
contract modification in the amount of $29,500 plus sales tax.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
accept the Scope of Work from N.L. Olson and Associates at a cost of $53,100 to design the Sedgwick
Reservoir.
November 23, 1998
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Mayor Weatherill asked for Council's concurrence on his appointment of Christine Stansbery to the Port
Orchard Library Board.
Councilman Stansbery refrained from voting due to a conflict of interest.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council concurred with Mayor
Weatherill's appointment of Christine Stansbery to the Port Orchard Library Board. Term will expire on
December 31, 2003.
At 9:25 PM Mayor Weatherill adjourned meeting.
J
Michelle Merlino, Deputy Clerk
LESLIE J. WEATHERILL, MAYOR