12/22/1997 - Regular - MinutesPort Orchard, Washington
December 22, 1997
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, Geiger, Powers, Van Zee and Grable. Councilman Wyatt excused. Staff present:
Police Chief Mathews, City Treasurer Tompkins, City Planner Gross, Fire Chief Snow, City
Clerk Parks, Deputy Clerk Merlino, and City Attorney Hanson.
Councilman Clauson led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Fred Hill, owner of Hall-n-Son Automotive 512 Bay Street, expressed a concern with parking in
the commercial area of the 500 block of Bay Street. This matter is being reviewed by the Street
Committee.
Robert Palmquest, AGI Technologies, discussed the Port Orchard Wellhead Protection study.
Mr. Palmquest distributed a handout depicting the requirements necessary for protecting the
drinking water from contamination and recommended the City establish an Ordinance adopting
a Wellhead Protection Plan.
Kathy Dickerson, Kitsap County PUD #1, demonstrated through a slide presentation the Water
Guardian Program, which specifically addressed the need to protect the area around the well
from contamination.
Mayor Weatherill called for a 10 minutes recess with meeting reconvening at 8:30 PM.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted
Resolution No. 1793 approving the reclassification of the Assistant City Treasurer position and
establishing step systems for the positions of City Planner; Building Inspector; Associate
Planner; Assistant City Treasurer and Parking Enforcement Officer.
City Attorney Hanson responded to the Council's request for clarification on "What constitutes a
school zone". Ms. Hanson stated her legal opinion is that for a school zone speed limit to be
enforceable it needs to have a marked crosswalk and a speed limit sign posted.
After much discussion, Councilman Clauson moved to authorize the City Attorney, City
Engineer and Police Chief to identify the areas within the City which need to be designated as a
20 MPH zone, seconded by Councilman Morrison and carried.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council approved the
following Consent Agenda items with items 5d, 5j, 5k, 5u, 5x 5aa removed for further review
and:
a. Minutes of the following Council meetings:
(1) December 8, 1997 regular meeting
(2) December 10, 1997 Zoning Code Public Hearing
b. Approval of Claim Warrants Number 27947-28034 in the amount of $137,230.37.
December 22, 1997
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C. Proposed Ordinance No. 1693 allowing a modification to the site plan
specifically due to a technical error regarding the building square footage for
property located at 1761 Pottery Avenue to allow the development of a 60 unit
assisted living facility, commonly known as Stafford Suites.
e. Proposed Ordinance No. 1695 closing the By -Pass Debt Reserve Fund and
authorizing transfer of cash balance of said fund to Street Fund.
Proposed Ordinance No. 1696 amending the budget for the year 1997;
ordering appropriation of funds and authorizing a budgetary transfer.
g. Proposed Resolution No. 1794 repealing Resolution No. 1783 and establishing
regulations and fees relating to parking. (Addition to Section Vll — providing for
Lot 6)
h Application for Public Event — Mustangs on the Waterfront, August 2, 1998
Application for Public Event — The Cruz '98, August 9, 1998
Proposed Ordinance No. 1697 establishing the Fire Authority for the City;
providing for the appointment thereof; and designating the duties and
responsibilities thereof.
M. Proposed Ordinance No. 1698 repealing Ordinance Nos. 1678, 1638,1278, and
1111 and also establishing the 1994 Uniform Fire Codes.
n. Proposed Ordinance No. 1699 repealing Ordinance Nos. 1141 and 1275 and
providing for the installation of fire hydrants and mains supplying water for fire
protection and requiring submission of plans prior to commencement of
construction.
o. Proposed Ordinance No. 1700 repealing Ordinance No. 1615 and adopting
definitions and regulations for mobile homes and recreational vehicles within
the city limits.
P. Proposed Ordinance No. 1701 repealing Ordinance No. 1665 and adopting
general business licensing, describing the process for business license
application, review, approval and appeals, defining violations and providing
penalties.
q. Proposed Ordinance No. 1702 repealing Ordinance No. 1619 and providing for
the short plat and subdivision ordinance to decriminalize violations of
established rules, regulations and procedures.
Proposed Ordinance No. 1703 repealing Ordinance No. 1636 and adopting the
1994 Uniform Building Code and fees and modifications.
S. Proposed Ordinance No. 1704 repealing Ordinance No. 1570 establishing a
Civil Service Commission to serve police personnel.
December 22, 1997
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t. Proposed Ordinance No. 1705 repealing Ordinance No. 1325 and establishing
fire lanes, providing for enforcement, and establishing penalties.
U. Proposed Ordinance No. 1706 repealing Ordinance No. 692, 878 and 1233 and
providing for the regulation of the sale of safe and sane fireworks and providing
for licenses and penalties.
V. Proposed Ordinance No. 1707 repealing Ordinance No. 1683 and establishing
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 systems.
W. Proposed Ordinance No. 1708 repealing Ordinance No. 1457 and prohibiting
smoking in certain city buildings with penalties.
y. Proposed Ordinance No. 1710 repealing Ordinance Nos. 372, 614, 822, 974,
and 921 relating to powers, duties, and appointment of the Fire Chief; Registry
of Firemen's attendance; enrollment of firemen under Chapter 41.23 RCW
provisions for payment of necessary fees.
Z. Proposed Resolution No. 1795 repealing Resolution No. 1767A and adopting
road standards.
Councilman Clauson referred to Consent Agenda Item 5d (Proposed Resolution No. 1694
amending the salary schedule for employees of the City for the year 1997) and asked City
Treasurer for clarification. Ms. Tompkins informed Council members that traditionally the annual
salary ordinance is presented at the last meeting of the year. This allows all wage adjustments
within the year to be included in the required annual salary ordinance. Because labor negotiation
with public work and uniformed police unions have not been ratified proposed Resolution No. 1694
only include 10/1/97 COLA adjustments for Uniformed Fire personnel.
After clarification by City Treasurer, Councilman Clauson, seconded by Councilman Morrison,
moved to adopted Resolution No. 1694 amending the salary schedule for employees of the City for
the year 1997. Motion unanimously passed with 6 ayes.
Councilman Van Zee requested more information on Items 5j and 5k. (Authorization for Mayor
Weatherill to sign the 1997-1998 Strata Communication Maintenance Agreement for police two-
way radio equipment and the Agreement with Taxtools (Microflex, Inc.) for Business License
Software and software support.)
Staff advised Councilman Van Zee that the Council had by general consent approved use of
Microflex Taxtools software for implementation of the Business license Program (April 14,1997).
Unfortunately, Microflex inadvertently did not submit the License Agreement at that time. The
Taxtools License Agreement before Council is for the period April 1997 — April 1998 and the annual
renewal will only be applicable if the City continues use of this software program after the first year
of service.
Police Chief Mathews explained the Strata Communications Maintenance Service Agreement is for
Police radio communication equipment. This will replace the Motorola Maintenance Service
Agreement that is no longer available. Generally the prices remain commensurate with last year's
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service agreement, however additional equipment has been added to the Agreement so there may
be some price differential on the total monthly charge.
On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council authorized
Mayor Weatherill to sign the following agreements:
1. 1998-1999 Strata Communications Maintenance Service Agreement for service on police
two-way radio equipment.
2. Agreement with Taxtools (Microflex, Inc.) for Business License Software and the software
support for service commencing April 1997.
Consent Agenda Items u, x and as are proposed ordinances or resolutions which need additional
review and will be resubmitted at the January 13, 1998 Council meeting.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused
Councilman Van Zee from the January 26, 1998 Council meeting.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved the
expenditure of $8,214.00 to Art Anderson and Associates for the rebid phase of the new city hall
project.
Mayor Weatherill displayed the 1997 Commute Trip Reduction Goal Achievement Award that was
presented to the City of Port Orchard and City Clerk Parks from Kitsap Transit Board of
Commissioners. This award is to recognize outstanding efforts to reduce air pollution and traffic
congestion by reducing the number of single -occupant vehicle employee commute trips.
Mayor Weatherill presented a plaque to Councilman Grable in recognition for his leadership and
attendance on the City Council for the past 16 years.
City Clerk Parks advised Council the Public Defender Contract between the City and Case Law
Office Inc., P.S. will expire on December 31, 1997.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council extended the
contract between the City and Case Law Office Inc., P.S. an additional 60 days.
Council designated January 15, 1998 as a joint study session with the Port of Bremerton regarding
Sidney Landing, downtown development and possible sanitary sewer service to the airport.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council declared as
surplus two Fire Department vehicles (1966 Ford Fire Engine (License 00765D Engine E32) and
1960 Ford Rooney (License 00761 D-Hazmat 31) and miscellaneous Fire Department equipment
(Attachment "A") and authorized the City Engineer to dispose of the items in the best interest of the
City. Items will be transferred to Fire Station #3 on Mitchell Avenue, interested fire service
agencies will be invited to inspect the equipment and then sold in lots to the highest bidders. What
is not sold in this manner can be auctioned at Stokes Auction.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the
Police Chief to submit a grant application to the Washington State Parks and Recreation
Commission to fund the purchase of a water police boat in the approximate amount of $37,851.00
December 22, 1997
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with the City's local share being $11,700. Motion passed with 5 ayes and 1 nay. Councilman Van
Zee voting nay.
On behalf of the City Engineer, the City Planner introduced a staff recommendation that the City
request the Washington State Department of Transportation (WSDOT) reduce the speed limit on
SR166 from Kitsap Marine (new western city limit boundary) easterly to the existing 35 MPH zone.
After much discussion, Council requested this matter be held over until WSDOT data requested by
the City Engineer is received.
Mayor Weatherill adjourned Council into Executive Session to discuss a personnel issue for 10
minutes.
Mayor Weatherill reconvened Council into regular session at 10:15 PM
On motion by Councilman Morrison, seconded by Councilman Clauson, Council concurred with
Mayor Weatherill's reappointment of Martin Mittet as the Municipal Court Judge for an additional
four-year term expiring on December 31, 2001.
Councilman Geiger moved to allow Fire Chief Snow and Deputy Fire Marshall Wernet to carry-over
all excess accrued vacation leave over the allowable 240 vacation hours, seconded by
Councilwoman Powers. Vote resulted in a tie with 3 ayes and 3 nays. Motion was approved when
Mayor Weatherill broke the tie vote by voting aye. Councilmembers Grable, Powers and Geiger
voted in the affirmative. This waiver was granted due to the transition of the Fire Department.
Meeting adjourned at 10:30 P.M.
Michelle Merlino, Deputy Clerk LESLIE J.
,THERILL, MAYOR
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December 22, 1997
Attachment "A"
Surplus Equipment Listing for the Port Orchard Fire Department
Item
Bunker Coats
Bunker Boots (2 pr. - Size 8)
(2 pr. — Size 11)
Uniform Shirts
Uniform Pants
White Uniform Shirts
City Inventory Number(s)
76-2, 85-406, 86-249, 86-250, 86-253, 86,
256, 87-920, 87-929, 87-930, 88-127, 89-
031 89-401, 89-402, 89-404, 90-401, 90-
403, 91-501, 91-507.