10/28/1996 - Regular - MinutesPort Orchard, Washington
October 28, 1996
The Port Orchard City Council was called to order in regular session by Mayor Leslie
J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers present:
Clauson, Wyatt, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police
Chief Mathews, Deputy Clerk Hager, City Treasurer Tompkins, City Engineer Curles, City
Clerk Parks and City Attorney's Ann Hanson and Jim Ryan.
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.
Howard Minor, 1400 Bay Street, expressed a concern with the Consent Agenda process.
Dr. Minor feels this process does not allow the audience a chance to discuss or review
each subject before it is considered by the City Council. Robert Gallegos, 340 Tremont
St. seconded Dr. Minor's opinion on the process of the Consent Agenda.
Mayor Weatherill advised the items on the Consent Agenda have generally been discussed
at a prior meeting or are of a routine nature. Mayor Weatherill further stated if
anyone from the audience or Council wishes to discuss an item, a motion can be made to
consider it as a separate item.
Steve Madsen, 8850 SE Yeshua Ln, suggested a date be placed by each Consent Agenda Item
to document when discussion on the subject took place.
On motion by Councilman Grable, seconded by Councilman Clauson, Council approved the
Consent Agenda as follows:
a. Minutes of the October 14, 1996 City Council meeting
b. Claim Warrants No. 25545-25613 in the amount of $265,520.23.
C. Ordinance No. 1661 fixing the amount of Ad Valorem taxes to be raised for
the year 1997.
d. Ordinance No. 1662 amending Ordinance No. 1469 by amending the area and
use maps thereof, reclassifying 1.76 acres into 4 lots to allow a short
plat subdivision located at 209 Tracy Avenue, Brad Reid applicant.
e. Ordinance No. 1663 repealing Ordinance No. 1610 (POMC 13.04 and 13.08) 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.
f. Ordinance No. 1664 repealing Ordinance Nos. 1535, 1135 and 1015 and
adopting an allowance for mileage equal to the IRS mileage rate for the
employees and authorized representatives of the City.
Kevin Morton, Manager Port Orchard Wal-Mart Store, presented Mayor Weatherill with a
National Hometown Leadership Award and a check for the City in the amount of $1,000.
Mayor Weatheri11's nomination for this award was submitted by Sarah Groves, age 12, for
his contribution to the community. The American Hometown Leadership Award is in
recognition of elected officials who exhibit the highest standards of dedication,
ability, creativity and leadership in local governments serving America's small
communities. The award is sponsored by the National Association of Towns and Townships
and Wal-Mart Stores, Inc.
Mr. Morton presented a $50.00 gift certificate to Sarah Groves in appreciation of her
interest in the community. Mayor Weatherill also presented Miss Groves with a plaque
which reads as follows: "In appreciation and recognition of Sarah Groves for her
initiative in nominating the Mayor of the City of Port Orchard for the prestigious
October 28, 1996
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American Hometown Leaders Award Program. The City Council is privileged to honor and
commend her vision and support of our community and its leaders".
Mayor Weatherill advised the $1,000 award will be allocated to the Public Festivals,
specifically to the free summer concerts at the Port of Bremerton Park on the waterfront
for 1997.
Steve Madsen, attorney, addressed Mayor Weatherill and Council members concerning two
parking issues in the downtown waterfront area. Mr. Madsen clarified that he was only
speaking on behalf of Howard Minor. He is not representing any other waterfront
property owner for this specific subject.
(1) Mr. Madsen outlined an area starting at the center of the Bay Street/Sidney
Avenue intersection then west along the center of Bay Street to the center of Frederick
Street, then north to a point north of the buildings on the north side of Bay Street
then east parallel to these structures to the center of Sidney Avenue then south to the
point of beginning in the Sidney/Bay Street intersection. Mr. Madsen stated that many
years ago property owners in this area dedicated property adjacent to their buildings
to the City for parking purposes, however because this dedication for parking was not
recorded, ownership is retained by the property owner.
(2) Mr. Madsen alleged that when the City removed parking spaces in the
waterfront parking lot between Sidney and Frederick Street (DNR lease area) to construct
the greenbelt area they violated both the Washin ton State Constitution, (citing
language relative to the inner harbor line areas and the Department of Natural
Resources (DNR) Lease agreement.
Mr. Madsen stated Dr. Minor would like to see the greenbelt in the parking lot removed
or have the City acquire the subject "parking area" adjacent to the businesses on the
north side of Bay Street by condemnation process to provide additional parking to serve
the downtown core. Mr. Madsen advised Council Dr. Minor is willing to work with the
City for an amicable agreement.
Councilman Morrison presented motion which was seconded by Councilman Van Zee, to
approve proposed Ordinance No. 1665 repealing Ordinance Nos. 960, 949 and 784 and
adopting general business licensing, describing the process for business license
application, review, approval and appeals, providing for fees for initial applications
and renewal, defining violations and providing penalties.
Howard Minor, 1400 Bay Street, expressed a concern with not having time to review and
understand the ramification of the proposed Ordinance adopting a business license.
Councilwoman Powers moved to table motion, to approve Ordinance No. 1665, for further
review and study. Motion died for lack of second.
Sarah Lambert, 802 Bay Street, requested a copy of the proposed draft ordinance and
expressed a concern that identifying all home businesses will be a burdensome or
impossible task.
Jackie Brown, 715 Bay Street, stated a business license is not needed, as the Fire
Department inspects their building each year.
Carol Gertz, 728 Bay Street, questioned the fees and the potential of an increase each
year.
Robert Gallegos, 340 Tremont St., spoke on the issues concerning public safety and
questioned accessibility of current resources.
Judd Turner, 5230 Long Lake Rd., voiced concern with the impact of placing this license
fee on new businesses.
October 28, 1996
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Councilman Geiger moved to table pending motion approving Ordinance No. 1665 repealing
Ordinance Nos. 960, 949 and 784 and adopting general business licensing; describing the
process for business license application, review, approval and appeals; providing for
fees for initial applications and renewal; defining violations and providing penalties.
Motion to table seconded by Councilwoman Powers. Motion failed with 2 ayes and 5 nays.
Councilmembers Grable, Van Zee, Morrison, Wyatt and Clauson voting nay.
Council approved original motion, adopting Ordinance No. 1665 repealing Ordinance Nos.
960, 949 and 784 and establishing general business licensing; describing the process
for business license application, review, approval and appeals; providing for fees for
initial applications and renewal; defining violations and providing penalties. Motion
passed with 6 ayes and 1 nay. Councilman Geiger voting nay.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council adopted
Resolution No. 1756 establishing fees for city business licenses.
Councilman Geiger moved to amend motion, approving Resolution No. 1756 to reflect no
fees for city business licenses. Motion died for lack of second.
Council unanimously adopted original motion adopting Resolution No. 1756 establishing
fees for city business licenses.
Mayor Weatherill called for a 5 minute recess. Mayor Protem Powers called meeting back
to order at 9:30 PM.
City Engineer Curles presented Change Order No. 1 in the amount of $1,100 for
miscellaneous items for the Port Orchard Boulevard Paving Project for Council
consideration.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved
Change Order No. 1 for the Port Orchard Boulevard Paving Project in the amount of $1,100
for miscellaneous items and authorized the Mayor to sign this Change Order.
City Engineer Curles briefed Council on Sidney/Sedgwick Development - Wetlands
Mitigation Plan which was required as a condition of land use approval by Kitsap County
prior to this area annexing into the city. Mr. Curles recommended retaining Applied
Environmental Services, Inc., for consultant services in conjunction with the City's
review of the Wetlands Mitigation Plan.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the Mayor to sign the Consulting and Advising Contract Agreement with Applied
Environmental Services, Inc., in the amount of $1,200 to perform certain consulting,
advisory or other professional services for the City in regard to the Uddenberg
Hoskins/Pierson Wetland Delineation & Mitigation Plan Review, with the provision that
the costs will be back -billed to the developer.
City Engineer reminded Council and audience of the November 4, 1996 Study Session
regarding the new City Hall construction.
Meeting rned at 9. 5 PM.
PATRICIA PARKS, CITY CLERK
LESLIE J. WEATHERILL, MAYOR
CAROLYN POWERS, MAYOR PROTEM