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06/24/1996 - Regular - MinutesPort Orchard, Washington June 24, 1996 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee and Grable. Staff present: Police Chief Mathews, City Treasurer Tompkins (formerly Miller), Deputy Clerk Hager, City Planner Gross, City Engineer Curles, Fire Chief Snow, City Clerk Parks and City Attorney McCluskey. 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. Mervin Hall, 902 Bay Street, addressed Council concerning the closure of Prospect Alley due to the failure of the retaining wall. City Clerk advised Mr. Hall, the City through the insurance carrier, obtained an engineers report to determine cause of damage. Mayor Weatherill placed this matter into Finance Committee for review of funding sources. On motion by Councilman Clauson, seconded by Councilman Wyatt, Council directed the City Attorney to proceed with filing a Claim for Damage against Propsect Alley retaining wall property owner(s) and further directed the City Clerk to write a letter to Mr. Hall advising him of action being taken by the City. Barbara Seitz, 724 Bay Street, presented a petition to the Council requesting the City adopt an ordinance prohibiting panhandling inside the City limits. On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved the consent agenda as follows: a. Minutes of the June 10, 1996 Council meeting, with the following correction page 2, paragraph 6: Councilmembers Clauson, Geiger, Powers, Van Zee, and Grable voting aye. b. Approval of Claim Warrants No. 24855-24927 in the amount of $176,811.23. C. Resolution No. 1742 designating Kitsap County as the lead agency for development of a Comprehensive Solid Taste Management Plan. d. Ordinance No. 1655 amending Ordinance No. 1615, Section 9.1 relating to parking of mobile homes and recreational vehicles, P.O.M.C., Section 17.36.010 restrictions. e. Fireworks Stand Permit - Port Orchard Lions Club - West Bay Shopping Center f. Claim for Damages: (1) submitted by Barbara Dirks in the amount of $171.37 - rocks sprayed from weedeater damaging vehicle window. (2) submitted by US Postal Service in the amount of $36.19 - to replace two mirrors damaged by city vehicle. City Engineer reported on bid opening held June 20, 1996 at 4:30 PM. The following 5 bids were received with the required bid bonds: June 24, 1996 Page 2 of 3 Hurlen Construction Co. $131,093.00 Fletcher General Construction 138,342.00 Stan Palmer Construction 158,389.00 C.A. Carey Corp. 159,800.00 Holcon, Inc. 199,973.00 ENGINEER'S ESTIMATE $ 80,355.00 Diane Lenius, Parametrix Project Manager for the Bay Street Pedestrian Path Project, advised Council and audience they had underestimated the labor costs and the Department of Fisheries requirements for beach restoration. City Engineer Curles recommended denial of the Bay Street Pedestrian Path Project and advised he will discuss alternatives with the Department of Transportation and Department of Fisheries. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council rejected the bidding for the Bay Street Pedestrian Path Project, due to the underestimated labor costs and requirements for beach restoration. Don Miles and Mike McNickle, Bremerton/Kitsap Health Department, distributed handouts illustrating the failing sanitary sewer systems in the Gorst area. Mr. McNickle discussed various options and alternatives available to the homeowners and businesses in the Gorst area. After much discussion, Mayor Weatherill and/or the City Engineer will attend the July meeting with Gorst property owners and keep the Council up to date on the status of the Kitsap County Health Department actions regarding the Gorst area septic problems. Norm Olson, N.L. Olson & Associates, Inc., requested Council consideration revising zoning ordinance to reduce parking requirements for proposed assisted living facilities. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council directed staff to review parking requirements in the current zoning ordinance and submit recommendations at the next meeting, on need for establishing assisted living facilities parking requirements to Council . Motion failed with 3 ayes and 4 nays. Counci 1 members Grable, Van Zee, Geiger and Wyatt voting nay. On motion by Councilman Van Zee, seconded by Councilman Grable, Council authorized requirement of one parking space for every two units for the Assisted Living Concepts, Inc., proposed assisted living facility, located at the corner of Pottery Avenue and Lippert Street. Motion passed with 4 ayes and 3 nays. Councilmembers Grable, Van Zee, Geiger and Wyatt voting aye. Robert Dunn, Firstmark, Inc., Assisted Living Concepts, Inc., suggested if the ordinance is changed, the requirements should be based on number of beds instead of number of rooms. Mayor Weatherill called for a 10 minute recess at 9:05 PM and reconvened Council into session at 9:15 PM. On motion by Councilman Van Zee, seconded by Councilman Grable, Council excused Councilwoman powers from the July 8, 1996 Council meeting. June 24, 1996 Page 3 of 3 City Treasurer Tompkins, requested Council authorization to sign letter dated June 18, 1996 from Foster Pepper & Shefelman (Attachment "A") regarding bond counsel services for the new city hall project. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized City Treasurer Tompkins to sign letter dated June 18, 1996 from Foster Pepper & Shefelman (Attachment "A") which outlines bond counsel services for the new city hall project. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council moved to allow 622 W Bay Street to hook-up to the city's sanitary sewer system, contingent upon signing the standard Utility Extension Agreement. Council designated the dates for Study Sessions as follows: O July 1, 1996 Council update on discussions between City of Port Orchard Fire Department and Kitsap County Fire District No. 1 © August 5, 1996 update on development of the new city zoning ordinance. This Study Session is to be a combined meeting of the City Council, the Planning Commission and the Zoning Code Task Force. On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted the Town of Tuttlingen, Germany as a Sister City. As directed by the Council, Mayor Weatherill will contact the Mayor from the Town of Tuttlingen, Germany to discuss the "Sister City" concept and each citys' level of involvement. Mayor Weatherill adjourned Council into Executive Session to discuss lease negotiations for 15 minutes. Mayor Weatherill reconvened Council into regular session and immediately adjourned meeting at 10:15 PM. Meeting adjourned at 10:15 PM. PATRICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR