07/08/1996 - Regular - MinutesPort Orchard, Washington
July 8, 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, Van Zee and Grable. Councilwoman Powers
excused. Staff present: Police Sergeant Duncan, City Planner Gross, City Treasurer
Tompkins, City Engineer Curles, Fire Marshall Wernet, City Clerk Parks, Deputy Clerk
Hager and City Attorney Ann Hanson.
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No
response.
On motion by Councilman Grable, seconded by Councilman Geiger, Council approved items
on the consent agenda as follows:
a. (1) Minutes of the June 24, 1996 Council meeting
(2) Minutes of the July 1, 1996 Study Session regarding Service
Partnership between the City and Fire District No. 7.
b. Approval of Claim Warrants No. 24928-25015 in the amount of $87,595.59
and June 1996 Payroll Warrants No. 124834-125031 in the amount of
$213,826.37.
C. Claim for Damages submitted by Jason Glantz in the amount of $132.84 -
damage to vehicle.
Mayor Weatherill presented the 1996 Spring Good Neighbor Award. The Commercial Category
recipient is the law firm of Crawford, McGilliard, Peterson, Yelish & Dixon, for
business located at 623 Dwight Street. The Residential Category recipient is the family
of Alfred and Lila Aflatooni located at 803 Dwight Street. These awards are to
recognize the contribution of individuals and businesses who enhance the aesthetic
quality of their neighborhood.
Martha Wescott, Executive Director Kitsap Sexual Assault Center, requested permission
for Chief Mathews to sign a grant application on behalf of law enforcement and the City
of Port Orchard. Kitsap Sexual Assault Center has taken the lead in writing the
Violence Against Women S.T.O.P. Grant to the Office of Crime Victims Advocacy. The
purpose of the grant is to increase services and cooperation between law enforcement,
prosecution and victims services.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
Chief Mathews to sign the Violence Against Women S.T.O.P grant application to increase
services and cooperation between law enforcement, prosecution and victims services.
City Engineer reported on bid opening held June 25, 1996 at 4:30 PM regarding Port
Orchard Boulevard paving project, the following bids were received with the required
bid bonds:
SCHEDULE
SCHEDULE
SCHEDULE
SCHEDULE
AAND B
AB &C
AB C&D
AB ME
Tucci & Sons, Inc.
260,773.00
286,188.00
357,943.50
335,586.50
Ace Paving Co.
230,816.50
258,866.50
328,839.50
310,526.50
Woodworth & Co.
344,955.00
374,705.00
489,730.00
460,230.00
Engineer's Estimate
268,335.00
300,635.00
379,325.00
358,885.00
Dave Reich, P.E., Gray & Osborne, Inc., consulting firm for the Port Orchard Boulevard
paving project, gave a full report and outlined the bid results and proposed schedule
packages for the paving project.
July 8, 1996
Page 2 of 4
Robert Gallegos, 340 Tremont Street, suggested the City build the best at this time,
rather than pay more at a later date.
Upon recommendation of Dave Reich, Gray & Osborne, Councilman Morrison moved to accept
the bidding process and award the contract to the lowest bidder, Ace Paving, for
Schedule A and B of the Port Orchard Boulevard paving project in the amount of
$230,816.50. Motion seconded by Councilman Clauson and carried.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a proposal to vacate a
portion of Farragut Avenue, right of way, (Platted as Prospect Court). Patricia Barnes
and Janice N. Leach, applicants. LEGAL DESCRIPTION: Attachment "A".
City Engineer brought Council up to date on the proposed street vacation and discussed
the area in question.
Patricia Barnes, co -applicant, stated her reasons for the street vacation request and
urged for Council's approval. Mrs. Barnes further expressed a concern with Janice N.
Leach's withdrawal from the Street Vacation Petition that was originally signed on May
15, 1996.
Mayor Weatherill asked for public comment from those opposed to the proposed street
vacation.
Joanna Blanco, 525 Farragut Avenue, expressed a concern with an impact on an already
congested area.
Janet Osborne, 530 Farragut Avenue, voiced a concern with the native burial grounds and
also increase traffic in area.
Frederick Osborne, 530 Farragut Avenue, reiterated Janet Osborne's concern with the
increase in traffic on a dead end street and would like area to remain unchanged.
Opal Same, 547 Farragut, stated she does not want the street and area disturbed and
expressed a concern with public safety and increase in traffic.
Janice Leach co -applicant, submitted a letter to the City Clerk's Office withdrawing
her support to vacate a portion of Farragut Avenue right of way. Ms. Leach stated she
was sorry for what Mrs. Barnes has gone through and further expressed her sorrow for
signing the street vacation petition, as she was not fully aware of the impact to the
neighborhood. Ms. Leach wants to have the area recognized and remain a historical site.
Lea Slaney, Kitsap County Indian Center, addressed the native burial ground and the
potential desecration of the graves in the cemetery.
Patricia Barnes, co -applicant presented a rebuttal stating, she also would like area
to remain as a native burial ground, however her concern is access to her property.
Mrs. Barnes stated vacating the portion of right of way would not harm, disturb or in
any way involve the indian burial ground.
Larry Parkhurst, 556 Farragut, questioned the stability of the ground in the area.
Mayor Weatherill called for further public input either for or against the proposed
street vacation of a portion of Farragut Avenue, right of way, (Platted as Prospect
Court). As no 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 Geiger, seconded by Councilmen Morrison and Clauson, Council
denied the proposed petition submitted by Patricia Barnes and Janice N. Leach to Vacate
a portion of Farragut Avenue, right of way (Platted as Prospect Court).
July 8, 1996
Page 3 of 4
Mayor Weatherill opened the 7:40 PM Public Hearing regarding a Six -Year Transportation
Improvement Program for the years 1997-2002.
City Engineer outlined the proposed Six -Year Transportation Plan schedule.
Howard Minor, 1400 Bay Street, suggested a sign be erected asking for drivers to use
their turn signals when approaching the Bethel Wye intersection.
Mayor Weatheri l l called for further public input either for or against the proposed Six -
Year Transportation Plan. As no additional response was received from the audience,
Mayor Weatherill closed the public input portion of the Public Hearing and referred
matter to Council for consideration.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council adopted
Resolution No. 1743 adopting the Six -Year Transportation Improvement Program for the
year 1997-2002.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding a proposed Application for
a Special Use Permit to allow the conversion of an existing single family residence into
a full service hair styling salon located at 1730 Pottery Avenue. The owners are Roger
and Shirley Johnson. LEGAL DESCRIPTION: Attachment "B".
City Planner Gross updated Council on the proposed Application for a Special Use Permit
and reviewed the Planning Commission's recommendation for approval with 6 conditions.
Roger Johnson, applicant, outlined proposed project which requires a Special Use Permit
and responded to questions on his reasons for converting an existing single family
residence into a full service hair styling salon.
Mayor Weatherill called for input from those opposed to the Special Use Permit
Application.
David Bilodeau, 1710 Pottery Avenue, spoke in opposition to the proposed Special Use
Permit. Mr. Bilodeau expressed a concern in the decrease of property values and stated
commercial properties should remain in commercial zoned areas.
Sally Bilodeau, 1710 Pottery Avenue, urged Council to deny the proposed Special Use
Permit, expressing concerns regarding increase in vehicle traffic and safety of the
children in the neighborhood.
Roger Johnson, applicant, presented pictures depicting the neighborhood, placement of
adjacent homes and businesses in the area. Mr. Johnson also assured council and
audience the yard would be maintained in a professional manner.
Mayor Weatherill called for further public input regarding the Application for a Special
Use Permit as submitted by Roger and Shirley Johnson. As no further input was received,
Mayor Weatherill closed the public input portion of this hearing and referred this
matter to Council for consideration.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council denied the
Application for a Special Use Permit to allow the conversion of an existing single
family residence into a full service hair styling salon located at 1730 Pottery Avenue.
City Engineer Curles discussed RECD loan application for the construction of the new
city hall, which needs to be submitted to the Department of Agriculture and further
requested permission for the Mayor and City Attorney to sign the necessary papers.
At this time, the City Engineer referred to City Treasurer Tompkins for information on
July 8, 1995
Page 4 of 4
interim financing.
City Treasurer Tompkins presented a matrix from three banks who had submitted proposals
on interim financing for construction of the new city hall. After review and
discussion, it was recommended by City Treasurer Tompkins to accept the proposal from
Seafirst Sank.
On motion by Councilman Van Zee, seconded by Councilman Geiger, Council authorized the
Mayor to sign the RECD formal application and to sign the acceptance with Seafirst Bank
to provide the City with interim financing for the new city hall and have Seafirst Bank
prepare the Interim Lender Letter of Commitment for the RECD. Council further adopted
Resolution No. 1744 authorizing the Mayor to sign the agreement with the City Attorney
as it relates to a community facility loan.
City Engineer gave staff report on the closure of Prospect Alley due to the failure of
the retaining wall. City Engineer requested permission to retain a qualified engineer
to design the appropriate repairs and instruct the City Attorney to appeal the City's
insurance denial.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized City
Engineer to proceed with the design of the Prospect Alley repair which was caused by
the failure of the retaining wall and to further authorize the City Attorney to appeal
the City's insurance denial and to take the appropriate action for the responsible party
to pay for the repairs.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the
City Clerk to prepare a Resolution supporting the CENCOM 911 ballot issue.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the
Mayor to sign Change Order No. 1 for the Cline Avenue Repairs. The contract price is
increased from $7,898.80 to $10,523.44.
Mayor Weatherill adjourned Council into Executive Session for 10 minutes to discuss a
pending legal matter.
Mayor Weatherill reconvened Council into regular session and immediately adjourned
meeting at 9:55 PM.
Meeting adjourned at 9:55 PM.
PATRICIA PARKS, CITY CLERK
LESLIE J. WEATHERILL, MAYOR
July 8, 1996
Attach -rent "A"
LEGAL DESCRIPTION
THAT PORTION OF PROSPECT COURT, BLOCK 25, PLAT OF ANNAPOLIS
VOL. 1 PAGE 64 & 65 IN KITSAP CO. RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 11, SAID
BLOCK 25, SHOWN ON SURVEY IN VOLUME 41 PAGE 241 OF KITSAP COUNTY
RECORDS, THENCE ALONG NORTHERLY LINE OF SAID LOT 11, S61012'20"E,
55.17 FT. TO WESTERLY RIGHT OF WAY PROSPECT COURT AND THE TRUE
POINT OF BEGINNING, THENCE ON A CURVE TO THE RIGHT, THE CENTER
OF WHICH BEARS N85002'30"E, HAVING A RADIUS OF 90.00 FT. AND
A CENTRAL ANGLE OF 57028'30" FOR AN ARC DIST. OF 90.28 FT.,
THENCE N24°38'23" W, 23.14 FT. TO NORTHERLY LINE, OF ABOVE SAID
SURVEY, THENCE ALONG PROJECTED NORTHERLY LINE, S61°12'20"E,
67.14 FT., THENCE S24038'23"E, 11.13 FT., THENCE ON A CURVE
TO THE LEFT, THE CENTER OF WHICH BEARS S01°03'58"E, HAVING A
RADIUS OF 50.00 FT. AND A CENTRAL ANGLE OF 150008'38", FOR AN
ARC DISTANCE OF 131.03 FT., THENCE N61012'36"W, 62.45 FT. TO
THE NORTHERLY LINE OF LOT 11 SHOWN ON ABOVE SAID SURVEY THENCE
ALONG SAID NORTH LINE N61012'20"W, 12.38 FT. TO THE TRUE POINT
OF BEGINNING.
AREA= 4679.19 SQ. FT., 0.11 AC.
DESCRIPTION: Resolution No. 1745
AttachMe-nt "A"
PARCEL I:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 30 FEET WEST AND NORTH 0023' EAST 993.0 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 8900' WEST 260.0 FEET; THENCE NORTH
0023' EAST 165.5 FEET; THENCE SOUTH 8900' EAST 290.0 FEET; THENCE SOUTH 0023' WEST 165.5
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF THE HERETOFORE DESCRIBED MAIN TRACT; THENCE NORTH
0023' EAST ALONG THE EAST LINE THEREOF 100.50 FEET TO THE TRUE POINT OF BEGINNING, BEING
POINT "A" OF THE LINE HEREIN DESCRIBED; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A
POINT "B", NORTH 0023' EAST 65 FEET FROM THE SOUTHWEST CORNER AND THE TERMINUS OF SAID
LINE OF THE HERETOFORE DESCRIBED MAIN TRACT;
(ALSO KNOWN AS PARCEL B OF SHORT PLAT NO. 1011 RECORDED UNDER AUDITOR'S FILE
NO.6006190061.)
PARCEL 11:
AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS DESCRIBED AND DELINEATED UNDER AUDITOR'S
FILE NO. 8006190061, BEING AT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
A_ F. #: 95101 -7 144
REEL 0880 1FR 0186
D�SCRIFTION:
July S, 1996
PARCEL 1:. Attachment "gil
THAT PORTION OF THE SOUTHEAST QUARTER OF 733 SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24
NORTH, RANGE 1 EAST, I.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT VHICH IS 30 FEET WEST AND NORTH 0023' EAST 993.0 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 8910' WEST 260.0 FEET; THENCE NORTR
0023' EAST 165.5 FEN; THENCE SOUTH S900' EAST 290.0 FEET; THENCE SOUTH 0023' WEST 165.
FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOU H AST CORNER OF THE HERETOFORE DESCRIBES] MAIN TRACT; THENCE NORTH
0023' EAST ALONG THE EAST LINE THEREOF 100.50 FEET TO THE TRUE POINT OF BEGINNING, REIN
POINT "A" OF THE LINE HEREIN DESCRIBED; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A
POINT 0", NORTH 0023' FAST 65 FEET FROM THE SOUTHWEST CORNER AND THE TERMINUS OF SAID
LIKE OF THE HERETOFORE DESCRIBED MAIN TRACT!
(ALSO KNOWN AS PARCEL S OF SHORT PLAT NO. 1011 RECORDED UNDER AUDITOR'S FILE
NO.6006190061.)
PARCEL 11:
A*i EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS DESCRIBED AND DELINEATED UNDER AUD3TOF
FILE NO. 8006190061, BEING AT PORTION OF THE SOUTXEAST QUARTER OF THE SOUTHEAST QUARTER
SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, Yi.M., KITSAP COUNTY, WASHINGTON.
REEL 0880 FR S