11/12/1996 - Regular - MinutesPort Orchard, Washington
November 12, 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. Counciimembers
present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee and Grable. Staff present:
Police Chief Mathews, City Engineer Curles, City Planner Gross, Fire Marshall Wernet,
Deputy Clerk Hager, City Treasurer Tompkins, City Clerk Parks and City Attorneys' Ann
Hanson and Jim Ryan.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Andrew Kmetz, 8303 58th Ave NW, Gig Harbor, WA, addressed Council regarding the City's
process to notify adjacent property owners of pending land use actions. City Clerk
Parks and City Planner Gross reviewed notification process. The City uses the County
Assessor records to determine property owners within 300' for mailing notices of
proposed land use actions. If the address of a mortgage company is listed on County
records, staff attempts to locate a local address for the property owner, or directs
a copy of the notice to the adjacent property address.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a Zone
Reclassification from Residential Low to Commercial General for property located at 2497
Bethel Avenue. This would allow development of a two (2) story professional office
building upon demolition of the existing single family residence. Application submitted
by Doug and Dee Eide. LEGAL DESCRIPTION: Attachment "A"
City Planner Gross informed those present that the applicant has requested an extension
of the Public Hearing on this proposed Zone Reclassification due to (1) a modification
to the site plan as recommended by the Planning Commission and (2) clarification of the
Planning Commission minutes.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council continued the
Public Hearing regarding a Zone Reclassification Application as submitted by Doug and
Dee Eide for property located at 2497 Bethel until December 9, 1996 at 7:35 PM.
Mayor Weatherill addressed Council regarding the action he took to invoke veto powers
over Ordinance No. 1665 - general business license program. (Copy November 1, 1996
letter from Mayor to each Councilmember Attachment "B"). Mayor Weatherill stated he
supports the adoption of a Business License Ordinance in the City, however he is
objecting to the lack of an adequate review period for the public and business owners.
City Attorney Ryan advised Council of the proper procedure to follow for the veto and
reconsideration of Ordinance No. 1665 relating to a general business licensing program.
Councilman Morrison moved to open floor to determine whether the City Council should
reconsider Ordinance No. 1665, which was passed by the City Council on October 28, 1996
and subsequently vetoed by Mayor Weatherill by letter dated November 1, 1996 (Attachment
"B"), seconded by Van Zee. Motion passed with 6 ayes and 1 nay. Councilman Geiger
voted nay.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council moved to
reconsider Ordinance No. 1665 adopting a general business license in the City of Port
Orchard.
At this time, Mayor Weatherill opened the floor for discussion on the motion to adopt
a Business License Ordinance and asked for audience comments.
November 12, 1996
Page 2 of 5
Jacqueline Brown, owner of Drift Inn Mart, questioned what information will be requested
on the application. Will it ask for gross income? City Treasurer Tompkins stated this
is a business license only, not a B & 0 Tax, the purpose of this program is to establish
a record of all businesses operating within the city limits for public safety
information and to verify proper sales tax reporting.
John Bruckart, Olde Central Antique Mall, objected to individual dealers who rent a
space within antique/second hand malls being subject to an annual business license.
Mr. Bruckart suggested this type of mall be required to obtain a business license and
each individual dealer renting space within that mall be covered under the mall's
license.
Connie Wright, owner of Great Prospect Mall, concurred with John Bruckart's suggestion
to umbrella individual dealers within an individual antique/second hand mall be covered
by the one business license.
Michael O'Brien was not concerned with the $25. fee, however feels this could be
creating a greater workload for City staff.
Brenda McKee, Sidney Village, expressed a concern with the yearly business license and
the potential of a license fee increase each year.
Judy Jones, who is a dealer within a downtown mall, stated she pulled her business out
of Bremerton, due to their city business license. She feels this will hurt the small
businesses in the City of Port Orchard. Ms. Jones suggested a business license be
placed on each store front and not individual dealers.
Chuck Hammond, business owner, thanked Mayor Weatherill for the opportunity to speak
regarding the business license. Mr. Hammond stated many businesses can not afford the
business license fee and the city should be more concerned with parking. Mr. Hammond
also voiced a concern with his business being outside the City limits, and questioned
if the purpose is to have information for emergency situations, does that mean that the
city fire department will respond to his emergency calls outside of the city limits.
Councilman Morrison reviewed multiple purposes of this proposed program and reminded
those present that we can not focus only on one aspect of the program.
Glenda Waldridge, downtown merchant, explained she has just started her business and
was hoping the city would be less restrictive than other cities. Ms. Waldridge
questioned the authority of the City to monitor sales tax.
Rudy Swenson, 710 Bay Street, also expressed a concern with the potential of an annual
business license fee increasing each year.
Robert Gallegos, 340 Tremont St. W. , questioned the notification process on agenda items
and stated there needs to be a better way to notify the public.
Paul Davis, Paul's Carpet Cleaning, objected to another business tax.
Teddy Brenier, dealer within Sidedoor Mall, stated she does not object to the business
license, concerned about small vendors paying the same fee as larger businesses.
Rita Madison, small business owner, voiced concern about economic climate for the small
business within the City.
Sharie McCarthy, who has a home based business, cannot afford the $25.00 business
November 12, 1996
Page 3 of 5
license, the fee will`put them out of business.
Chuck Hammond, business owner, questioned Section 14 concerning who can decide the
suspension procedures.
Howard Minor, 1400 Bay Street, agreed with need to establish a business registration
and the importance of reporting sales tax properly.
Donna Barnes, questioned the Severability Clause.
Ed McCarthy, home based business owner, was concerned with the prospect of a yearly
increase in Business License.
Sarah Lambert, downtown merchant, concurred with the necessity for the Police and Fire
Department receiving accurate information. Ms. Lambert supported the Ordinance,
however, requested either a one time fee for each business owner or no fee.
Robert Gallegos, 340 Tremont St. W. , asked if business licenses will save the city
money, since it has been stated that this procedure will streamline staff workloads.
Chuck Hammond, business owner, expressed a concern with conditions and manner police
may enter a place of business. Police Chief Mathews assured Mr. Hammond the Police or
other authorized inspector for this program would not seek unreasonable entry of a
business.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:35 PM.
Upon reconvening meeting into regular session, Mayor Weatherill informed audience that
since this subject has been discussed for approximately 2 hours he will allow discussion
to continue for an additional 15 minutes.
Sarah Lambert, downtown merchant, asked if a business will have to be licensed for
multiple business locations or could one license cover more than one location.
Linda Wyatt, business owner, supported the business license ordinance however suggested
each store front pay the business license and not each individual vendor and/or dealer.
Teddy Brenier, downtown merchant, expressed confusion and requested clarification on
the wording in several sections of the ordinance.
Judy Jones, downtown merchant, advised the Chamber of Commerce has a free listing of
all the downtown merchants, why does the City have to charge to develop this listing.
In response to Ms. Jones question it was noted the Chamber's list is not a complete
listing of all businesses within the city.
Sarah Lambert, downtown merchant, asked if the fire department inspects each business
annually. Fire Marshall Wernet advised the Fire Department tries to inspect each
business annually. Ms. Lambert stated she is not opposed to the business license,
however expressed a concern with some of the language in the ordinance.
Mayor Weatherill closed public discussion and referred the motion to approve Ordinance
No. 1665 to Council for discussion and consideration.
After Council discussion which presented a variety of questions, Councilman Clauson
moved to table motion to approve Ordinance No. 1665 (Business License Program). Motion
November 12, 1996
Page 4 of 5
was seconded by Councilman Geiger and approved with six ayes and one no. Councilman
Van Zee voting no.
Mayor Weatherill announced the appointment of an Adhoc Committee which will be tasked
with developing a business licensing program/system. This committee will consist of
three councilmembers, (Councilmen Morrison, Wyatt and Van Zee) and four persons chosen
by the citizens and business owners. Mayor Weatherill requested the Chamber of Commerce
be used as a point of contact between city and business owners/interested citizens.
Mayor Weatherill further requested the Adhoc Committee bring a draft Business license
Program back for Council consideration in January, 1997.
City Engineer discussed the proposed changes to Ordinance No. 1666 establishing rules,
regulations and procedures for the abatement of nuisances. City Engineer Curles stated
the proposed changes simply clarify the procedural process of the abatement
notification.
Howard Minor, 1400 Bay Street, spoke in favor of the modification to the proposed code
enforcement ordinance.
Robert Gallegos, 340 Tremont St. W., expressed a concern with the proposed ordinance
regarding restriction on keeping of unregistered vehicles on property. Mr. Gallegos
requested the ordinance be reconsidered to allow for unregistered vehicles on private
property.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council adopted
Ordinance No. 1666 repealing Ordinance No. 1630 adopting definitions and nuisances and
establishing rules, regulations and procedures for the abatement of such nuisances.
City Engineer Curles presented proposed Ordinance No. 1667 relating to open storage
yards and reviewed clarification of the definition for open storage yards.
On motion by Councilman Van Zee, seconded by Councilman Morrison, Council approved
Ordinance No. 1667 amending Ordinance No. 1469 and repealing Ordinance No. 1492 relating
to open storage yards.
On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the
consent agenda as follows:
a. Minutes of the following Council meetings:
(1) September 23, 1996
(2) November 4, 1996 Council Study Session regarding final review of new
City Hall facility
b. Approval of Claim Warrant Nos. 25614-25702 in the amount of $116,899.89
and October 1996 Payroll Warrant Nos. 125630-125822 in the amount of
$201,473.84.
C. Resolution No. 1757 amending Resolution No. 1715 establishing increase
and/or decrease of speed limit on city streets or intersections. (To add
newly annexed area to speed limit resolution - Si dney/Sedgwi ck
intersection 35 MPH).
City Planner Gross presented request submitted by Matthew Randish, M&M Market and Texaco
Station, 451 South Kitsap Blvd., seeking an extension of the time limit on the temporary
sign which was allowed to be placed on a city sign post in the public right of way on
November 12, 1996
Page 5 of 5
Tremont Street. Temporary placement of the sign was approved by Resolution No. 1726,
dated March 11, 1996. Council concurred and authorized the Planning Department to
approve Mr. Randish's request to extend the temporary sign on the public right of way
on Tremont Street an additional 6 months.
On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized
Mayor Weatherill's signature on Fntranco's Extra Work Supplemental Agreement No. 1 for
the Prospect Alley Repair in the amount not to exceed $9,800.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized the
City Engineer to proceed with the redevelopment of Well No. 8 located on Sidney Avenue.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized
waiving the In Lieu of Assessment Fees for Dan Case's property located on Caseco Lane.
This waiver granted in exchange for the improvements to the water and sewer system
installed by Mr. Case and dedicated to the City. See attachment "C" for area. (Tax
Account Nos. 2624-013-027-2000; 2624-013-033-2002; 2624-013-037-2008; 2624-013-038-2007;
2624-013-039-2006; 2624-013-040-2003; 2624-013-031-2004; 2624-013-032-2003)
On motion by Councilman Clauson, seconded by Councilman Grable, Council -authorized the
property located at the 4900 block of Sidney Road (owned by Carol Mall) be allowed to
connect to the City water system, contingent upon signing the standard Utility Extension
Agreement.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized
the City Engineer to designate one handicap parking space on Sidney Avenue at the
northeast corner of the Sidnev Avenue and Division Street intersection.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council declared as
surplus miscellaneous bunker pants, coats and boots as described in attachment "D" to
the needs of the City and authorized the Fire Department to dispose of these articles
in the best interest of the City.
Meeting adjourned at 11:06 PM.
Patricia Parks, City Clerk
LESLIE J. WEATHERILL, MAYOR
November 12, 1996
Attachment "A"
FIDE REZONE
LEGAL DESCRIPTION
SECTION 36 TOWNSHIP 24 RANGE 1 EAST
THE WEST 135 FEET OF FOLLOWING; BEGINNING 50 RODS NORTH OF
SOUTHWEST CORNER OF NORTHWEST OF THE 1/4 SOUTHWEST 1/4
THENCE EASTERLY ON A LINE LYING PARALLEL WITH AND 50 RODS
DISTANT NORTH OF SOUTH LINE OF NORTHWEST 114 OF THE
SOUTHWEST 1/4 TO POINT ON THE WESTERLY MARGIN OF THE COUNTY
ROAD THEN N89 20'E ALONG ROAD 141.65 FEET THEN S89 20'W TO A
POINT ON WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
TO BEGINNING EXCEPTING ROAD.
TAX ACCOUNT NUMBER 362401-3-010-2007
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1665
Dear Councilman Morrison:
As Mayor of the City of Port Orchard, one of my responsibilities is to sign
ordinances adopted by the City Council. Unfortunately, I can not in good
conscience give total support to the Business License Ordinance approved on
October 28, 1996.
I am not in opposition to a Business Licensing Program being established.
However, I do not agree with the process by which Ordinance No. 1665 creating a
City Business License was adopted.
My objection to this ordinance is that a reasonable and adequate opportunity for
discussion and consideration of critical questions and issues was not provided.
Based upon lack of adequate review and discussion, as Mayor of the City of Port
Orchard I am electing to invoke veto authority as provided by RCW 35.23.211.
A copy of this statute is included for your convenience.
Sincerely,
CITY PQFT ORCHARD
Leslie J. Weatherill
Mayor
enc
cc: City Treasurer
City Attorney
City Clerk
CITY HALL MUNICIPAL COURT POLICE DEPARTMENT
216 Prospect 736 Prospect 546 Bay Street
Administration (360) 876-4407 (360) 876-1701 (360) 87&1700
FAX (360) 895-9029 FAX (360) 895-3071 FAX (360) 876-5546
Public Works (360) 876-4991
FAX (360) 876-4980
FIRE DEPARTMEN1
200 "Tremont Street
(360) 876-3801
FAX (360) 895-9152
November ,
CASE WATER AND SEWER Attachinent2 ' C" 1996
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November 12, 1996
Attachment "D"
200 Tremont St.
Port Orchard, WA 98366
Business: (360) 876-3801
FAX: (360) 895-9152
DATE: 1 November 1996
TO: Deputy Chief Wernet
FROM: Chief Snow
RE: Items Needed to be Surplused
Bunker Pants
36-36
89-032 (42x34)
87-954 (34x28)
86-824 (38x26)
Bunker Coat
87-019 (42x35)
87-932(42x35)
91-503(36x35)
Boots
(2)
Size
11
(2)
Size
10
(2)
Size
9
(2)
Size
8
(2)
Size
7
(1)
Size
5
; . n ----- -
roe
Em
Fire Chief: Joe Snow
Fire Marshal: G. L. Wernet
Full of holes
Full of holes
Torn liner, snaps won't snap, holes
Full of holes and torn seams
Full of holes
Torn seams
Full of holes and torn liner