06/13/1994 - Regular - MinutesPort Orchard, Washington
June 13, 1994
Council of the City of Port Orchard, Washington, called to regular session by
Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson,
Childress, Morrison, Geiger, Powers and Grable. Councilman Van Zee excused.
Staff present: Assoc. Planner Kavanaugh, Police Chief Mathews, City Engineer
Curles, City Planner Brown, Fire Chief Snow, City Attorney McCloskey and City
Clerk Parks.
Councilman Childress led the audience and Council in the Pledge of Allegiance.
In response to Mayor Weatherill's request for audience comments for items not
listed on this agenda, Howard Minor, 1400 Bay Street, requested summary of
Consent Agenda Items 3c and 3d. City Attorney and Police Chief outlined the
ordinances as follows:
(3c) Proposed Ordinance No. 1605 - repeals current City Ordinance
(1565) relating to Model Traffic Ordinance and adopts revised Washington
Model Traffic Ordinance as contained in the Washington Administrative
Code, Chapter 308-330 to regulate traffic within city limits.
(3d) Proposed Ordinance No. 1606 to revise traffic ordinance to conform
with state sentencing guidelines.
On motion by Councilman Grable, seconded by Councilman Geiger, Council
approved Consent Agenda items as follows:
a. Minutes of the following Council meeting:
(1) May 23, 1994 City Council meeting
(2) May 25, 1994 Special City Council Meeting (draft Comp Plan)
b. Approval of Claim Warrants No. 20654 - 20774 in the amount of
$216,785.00 and May Payroll Warrants No. 119833 - 120007 in the amount
of $166,906.68.
C. Proposed Ordinance No. 1605 adopting the Washington Model Traffic
Ordinance (MTO) as contained in the Washington Administrative Code,
Chapter 308-330 WAC, to regulate traffic in the City of Port Orchard and
repealing Ordinance No. 1565. Councilman Clauson sponsor.
d. Proposed Ordinance 1606 repeals and replaces certain sections of Port
Orchard Municipal Code Title 9 (public peace, safety and morals) and
certain sections of POMC Title Ten (vehicles, traffic) and certain
sections of POMC Title One (general provisions) to adopt new State of
Washington guidelines setting fines and sentences relating to violations
of the referenced statutes. Councilman Clauson sponsor.
e. Application for Fireworks Display permit to allow Fathoms 0' Fun July 4
fireworks display by Western International Fireworks.
June 13, 1994
Page 2 of 7
Mayor Weatherill opened public hearing to take testimony and public input on a
proposal to modify an application for Zone Reclassification to a Special Use
Permit to allow a bridal and tux shop at 322 Cline Avenue. Application
submitted by W. Darrel and Millie Cullimore.
Legal Description - Attachment "A"
Associate Planner Kavanaugh reviewed prior Planning Commission and City
Council Public Hearings on original rezone application and Council action to
reconsider modification to a Special Use Permit.
W. Darrel Cullimore, proponent, confirmed that applicants have no objection to
proposed modification to a Special Use Permit.
Beth Cottrell, 623 DeKalb, spoke on behalf of neighborhood, supporting
issuance of a Special Use Permit to allow the tux and bridal shop. Ms.
Cottrell reiterated concern and opposition to issuance of a zone
reclassification.
Mayor Weatherill called for additional input for or against proposed
modification of rezone application to a Special Use Permit. As no further
comments were presented, Mayor Weatherill closed Public Hearing and referred
matter to Council for consideration.
On motion by Councilman Clauson, seconded by Councilman Grable, Council
authorized issuance of a Special Use Permit to W. Darrel and Millie Cullimore
to allow conversion of a church located at 322 Cline Avenue into a tuxedo and
bridal shop.
At the request of Police Chief Mathews, Councilman Morrison moved to authorize
expenditure of $176.74 to pay for damages incurred to Sergeant Loflin's
private vehicle while pursuing a suspect vehicle, seconded by Councilman
Clauson and carried.
Mayor Weatherill opened Public Hearing on application submitted by N.L. Olson
and Associates, representing Harrison Memorial Hospital to amend South Kitsap
Health Care Campus Site Plan to allow use of 8 foot wide crosswalk delineation
pavers at boulevard intersections within the Health Care Campus located west
of SR16, between Tremont Street and Pottery Avenue. Rezone from Residential
Low to Multiple Family 20 and Commercial General was approved by Ordinance No.
1572 on March 8, 1993 and subsequently revised by Ordinance No. 1586 (7/12/93)
and Ordinance No. 1604 (5/9/94). Legal Description - Attachment "B".
Councilman Childress stepped down from council table due to appearance of
fairness, he lives within 300 feet of project site.
City Planner Brown presented staff report and reviewed history of project.
June 13, 1994
Page 3 of 7
Norm Olson, representing owners, outlined proposal to use pavers for 8 foot
crosswalk delineation instead of total intersection. Mr. Olson offered
opinion that: (1) using pavers on crosswalks alone would be more attractive
both initially and over the long-term; (2) Pavers on crosswalks alone would be
more pedestrian -friendly and improve safety for pedestrians and drivers.
Councilman Morrison questioned drawing depicting four way intersections with
crosswalks drawn on three sides only. Engineer Curles addressed need for
crosswalks on each side of intersections where pedestrians would have to cross
traffic.
Vern Bjorkheim, 344 Sunset Lane W., stated he has no objection to proposal but
ask if 8 foot width is standard for sidewalks. He was advised that Port
Orchard does not have a "standard width for sidewalks", width is determined by
location and potential use.
Mayor Weatherill called for additional input for or against request to revise
Harrison Hospital Health Care Campus Site Plan to allow revision of sidewalk/
intersection pavers to 8 foot paver sidewalks delineation only. As no further
input was received, Mayor Weatherill closed Public Hearing and referred matter
to Council for consideration.
Councilwoman Powers moved to approve 8 foot crosswalk pavers with four way
crossing at all intersections, seconded by Councilman Morrison.
Councilman Clauson moved to amend motion to allow 3 way crosswalk delineation
��,,� at "T" intersection, seconded by Councilman Geiger and carried.
Original Motion as amended, was unanimously approved to allow 8 foot paver
b' crosswalks, with four way crosswalk delineation at four way intersections and
three way crosswalk delineation at "T" intersections
Mayor Weatherill opened Public Hearing regarding application for Special Use
Permit as submitted by Donald & Anna Ryan to allow the conversion of a section
of a house at 1003 Sidney Avenue into a property management office . Legal
Description: Section 35, Township 24 Range IE, Sweany's Second Addition to
-`� Sidney, Lot 1 & 2, Block 1, Sweany's Second Addition to Sidney, according to
the Plat thereof, recorded in Volume 2 of Plats, Page 18, Records of Kitsap
County, Washington.
Associate Planner Kavanaugh reviewed staff report and Planning Commission
recommendation for approval with nine conditions, highlighting parking
requirements.
f
Mayor Weatherill called for public input for or against the application for
Special Use Permit as submitted by Donald & Anna Ryan.
Anna Ryan, proponent, was present to respond to questions and outlined type of
June 13, 1994
Page 4 of 7
business and impact to the neighborhood.
Councilwoman Powers questioned use of city lot to satisfy parking requirement
under a Special Use Permit.
Lee Caldwell, 922 Sidney, reported the Ryans have mowed the city lot and made
improvements in right of way at south edge of lot. He also stated there has
been no trouble with noise or other adverse impacts and urged approval of SUP.
Hal Wennerberg, owner of 1005 Sidney, stated he did not object to issuance of
the Special Use Permit.
Donald Ryan, proponent, stated his business is a property maintenance business
not a property management business. They do have 30 rentals, but their
primary business use for offices at 1003 Sidney is property maintenance.
Employees use Given Community Center lower parking lot for day parking and do
not park their vehicles on the street or near by city park property.
Councilman Morrison questioned signage. Mr. Ryan described the portal sign
above entry door on lower level of house.
Mayor Weatherill called for additional input in favor of or opposed to
issuance of Special Use Permit to Donald and Anna Ryan for property located at
1003 Sidney Avenue. As no further input was received. Mayor Weatherill
closed Public Hearing and referred matter to Council for consideration.
Councilman Geiger voiced concern on Council taking action until requirement to
provide on site parking is fulfilled. Parking on street or city lot do not
satisfy parking requirements under a Special Use Permit.
Councilwoman Powers ask city attorney for opinion on proposed Condition No. 1
which states, "Specific permission be gained from the City Council if parking
is to continue on the vacant lot". Would approving issuance of a Special Use
Permit automatically give permission as required in Condition No. 1. City
Attorney Mccluskey responded that Condition No. 1 requires separate action, it
is not automatic.
On motion by Councilman Clauson, seconded by Councilman Childress, with a vote
of 5 ayes and 1 no (Councilman Morrison voting no), Council adopted Planning
Commission Resolution 214-94 as their own (with revised Condition No. 3) and
authorized issuance of Special Use Permit to Donald & Anna Ryan to allow a
property management business in a portion of residence located at 1003 Sidney
Avenue contingent upon compliance with the following nine conditions:
1. Specific permission be gained from the City Council if parking
is to continue on the vacant lot.
June 13, 1994
Page 5 of 7
2. All yard waste generated by this business must be disposed of properly
outside of City Limits.
3. Before any future change in occupancy, the Planning Commission and City
Council shall consider the proposed use to ensure it is still in the
best interest of city residents.
4. If complaints are received, the hours of operation will be amended to
not exceed 7 AM to 9 PM on any day of the week.
5. No business related noise, vibration, odors, etc. shall be permitted to
effect any of the surrounding residences.
a. Employee and/or company vehicles may not be left idling in front any
surrounding residences.
b. No repair work may be done on the commercial vehicles on site.
c. A lighting plan shall be submitted and approved prior to the
placement of any new outdoor illumination and shall be orientated
away from neighboring residences.
6.
Present and future businesses located
on this property will
register
with the City.
7.
At such time that the City sells the vacant
lot, the Special
Use Permit
will be brought back for review by the
Planning Commission
and City
Council.
8.
the adjacent City owned vacant lot and
surrounding areas to
1003 Sidney
Avenue must be well maintained.
9.
If complaints are received by the City
regarding this use,
the Special
Use Permit must be brought back to the
Planning Commission
and City
Council for review.
After much discussion on proposal to allow Donald and Anna Ryan to utilize
city lot on the northeast corner of Kendall and Sidney Avenue to satisfy
Special Use Permit parking requirements, Council directed City Attorney to
study proposal and submit recommendation in 30 days.
Mayor Weatherill recessed meeting for ten minutes and reconvened at 8:50 PM.
Engineer Curles gave staff report on two bid opening(s) held June 8, 1994 and
June 9, 1994. All bids as listed below were accompanied by the required bid
bond. Staff report included request to Block Grant officials seeking transfer
of Central Playfield Restroom funds to Municipal Court Ramp roject as
outlined in City Engineer memo to City Council (13 June 1994�- Attachment "C".
June 13, 1994
Page 6 of 7
Municipal Court Ramp June 8, 1994_ 4:30_PM
Olsen's Land Development $10,993.75
Gene Freigang 11,700.00
JRR Concrete 11,865.00
Precision Concrete 12,679.00
Engineers Estimate 8,600.00
Central Playfield Restroom June 9, 1994 4:30 PM
Olsen's Land Development $23,649.85
Engineer's Estimate 11,600.00
Councilwoman Powers moved to accept the bidding on the Municipal Court Ramp
Project and to authorize the City Engineer to let contract for this project
and also authorize the transfer of funds from CDBG Central Playfield Restroom
Project to the Municipal Court Ramp Project, if authorized by CDBG officials,
or the transfer local share budgeted for the Central Playfield Restroom
Project to the Municipal Court Ramp Project, seconded by Councilman Grabie and
carried unanimously.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council
rejected the bidding on Central Playfield Restroom Project.
On recommendation by Fire Chief Snow, Councilman Clauson moved to approve
issuance of a Fireworks Stand Permit to Dave Douglas in High Point Shopping
Center parking lot, conditioned upon applicant complying with all requirements
set by the Fire Chief, seconded by Councilwoman Powers and carried.
At 9:12 PM Mayor Weatherill adjourned Council into Executive Session to
discuss a legal matter for a period of 15 minutes. Executive Session was
extended for four additional ten minute periods, with meeting reconvening to
regular session at 10:00 PM.
On motion by Councilwoman Powers, seconded by Councilman Clauson, City Council
authorized City Engineer Curles to obtain survey of Sidney/Kendall lot to
establish property boundaries at a cost of $2,000-$3,000. Cost of survey to
be included in minimum bid price when lot is disposed of in the best interest
of the City.
Councilman Geiger moved to authorize Mayor Weatherill to sign contract with
Associated Sand and Gravel on Port Orchard Bypass Widening Project, seconded
by Councilman Grable and carried.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council
authorized the Mayor to sign agreement with Olympic View Landfill for disposal
of bio-solids, subject to review of contract document and approval by City
Attorney.
June 13, 1994
Page 7 of 7
On motion by Councilman Morrison, seconded by Councilman Grable, Council
authorized Mayor Weatherill to sign application for ISTEA funds to design
pedestrian walkway and seawall in 1800 block of Bay Street.
Councilwoman Powers moved to authorize expenditure of approximately $2,500 for
City Hall soil test, seconded by Councilman Morrison and carried.
Councilman Clauson moved to authorize acceptance of an Annexation Agreement
c with new owner of Inner Harmony Bookstore building at 2516 Bethel Road and
�b� establish rates for providing city sewer service to this property, seconded by
�7 Counci 1 wam�n Powers and carried.
At the request of Fire Chief Snow, Councilman Clauson moved to declare the
following items as surplus to the needs of the City and authorized disposal of
them in the best interest of the City, seconded by Councilman Morrison and
carried.
2 Twin size beds w/mattresses (600032, 600033)
1 Office Chair (600027)
1 Desk Calculator (1-047)
2 Wood Chairs (no inventory control numbers)
On motion by Councilman Clauson, seconded by Councilmembers Morrison and
Grable, Council excused Councilwoman Powers from July 11, 1994 Council
meeting.
Meeting adjourned at 10:30 PM.
CM CLERK
1
MAYOR W ATHERILL
ATTACHMENT A: Port Orchard City Council
June 13, 1994 Attac%nent "A"
Legal Description of 322 Cline Avenue.
That portion of Lots 7 an 8, Block 3, Stevens Town Plat of SIDNEY,
AS PER PLAT recorded in Volume 1 of Plats, Page 1, records of
Kitsap County, WA as follows: Beginning at the Southeast corner of
said Block 3; thence North 75 feet; thence west to the alley which
runs through Block 3; thence along said alley in a Southwesterly
direction to the South line of said Block 3; thence East to the
point of Beginning; except the East 58 ft. of the South 75 ft. of
said Lot 7;, and the East 58 ft of the South 75 ft of Lot 7, Block
3, S.M. Stevens Town Plat of Sidney, as per Plat recorded in Volume
1 of Plats, Page 1, records of Kitsap County, Washington.
"MF 20" Parcel.
Port Orchard City Council
June 13, 1994
ATTACHMENT "B"
Page 1 of 2
(Harrison Hospital. Health
Care Campus)
A parcel of land located in the Southeast Quarter of Section 34,
Township 24 North, Range 1 East, W.M. described as follows:
COMMENCING at the Southeast Corner of Section 34, Township 24
North, Range 1 East, W.M.;
THENCE N 0049,12" E along the Section Line 662.00 feet to the South
Line of the North Half of the Southeast Quarter of the Southeast
Quarter of said Section 34;
THENCE N 88033' 48" W along said South Line, 383-22 feet to the TRUE
POINT OF BEGINNING;
THENCE N 88*33,48" W along said South Line, 928.65 feet;
THENCE N 0050'32" E, 275.49 feet;
THENCE N 42001,53" E, 115.78 feet;
THENCE N 18033,13" E, 312.41 feet;
THENCE N 18049,47" E, 7.22 feet;
THENCE S 70045'31" E, 334.71 feet to a point of curvature of a 200-
foot radius curve to the right;
THENCE along said curve 166.81 feet through a central angle of
47'47'18";
THENCE S 22058113" E, 44.43 feet to a point of curvature of a 200-
foot radius curve to the left;
THENCE along said curve 228.96 feet through a central angle of
65°35'35";
THENCE S 88033'48" E, 121.96 feet;
THENCE S 1026'12" W, 300.98 feet to the TRUE POINT OF BEGINNING.
Contains 10.0674 acres.
g.J
PRE L I mmm I Nu A 20Y -0
A:..
LAffia
EXPIRES J
Port Orchard City council
June 13, 1994
ACrDzkC W "B"
Page 2 of 2
(Harrison Health Care
"GC" Parcel Campus)
A parcel of land located in the Southeast Quarter of Section 34,
Township 24 North, Range 1 East, W.M. described as follows:
COMMENCING at the Southeast Corner of Section 34, Township 24
North, Range 1 East, W.M.;
THENCE N
0049' 12"
E along the Section Line 662.00 feet to the South
Line of
the North
Half of the Southeast Quarter of the Southeast
Quarter
of said Section 34;
THENCE N
88033,48" W
along said South
Line 30.00 feet to the West
Margin of
Pottery
Avenue and the TRUE
POINT OF BEGINNING;
THENCE N
88033,48" W
along said South
Line, 353.22 feet;
THENCE N
1*26,12"
E,
300.98 feet;
THENCE N
88033,48"
W,
121.96 feet to a
point of curvature of a 200--
foot radius curve
to
the right;
THENCE along
said
curve 228.96 feet
through a central angle of
65°35'35";
THENCE N
22058'13"
W,
44.34 feet to a
point of curvature of a 200-
foot radius curve
to
the left;
THENCE along
said
curve
166.81 feet
through a central angle of
47`47'18";
THENCE N
70045,31"
W,
334.71 feet;
THENCE N
18049 , 47"
E,
201.04 feet;
THENCE N
32018'11"
E,
170.64 feet;
THENCE N
63023,481,
E,
82.36 feet;
��h'�,
THENCE S
81129,23"
E,
263.49 feet;
��-'oFwasy�A•,.cP
THENCE S
88016,34"
E,
110.13 feet;
Q:4� ✓c�`O
THENCE S
0049112"
W,
123.83 feet;
THENCE S
88033,48"
E,
330.95 feet;
THENCE S
0049' 12"
W,
165.50 feet;
THENCE N
88033148"
W,
24.30 feet;
ALtAN95JQ`
THENCE S
10000'00"
E,
37.94 feet;
THENCE S
34°22' 43"
E,
73.23 feet;
EXPIRES 1-.23
THENCE S
25*49102"
E,
47.97 feet;
THENCE S
67048,58"
E,
74.16 feet;
THENCE S
88"33'48"
E,
284.38 feet to
the West Margin of Pottery
Avenue;
THENCE S
0049' 12" W along
said West Margin,
331.00 feet to the TRUE
POINT OF
BEGINNING.
Contains
7.3954 acres.
PRELIMINARY
Port Orchard City Council
PUBLIC WORKS DEPARTMENT June 13, 1994
AttachTent "C" Page 1 of 4
13 June 1994
TO: City Council
FM: City Engine,
RE: Bid Results Municipal Court Ramp
Central Playfield Restroom
The bids for the two projects were opened and read aloud at the
bid times which were advertised. The bid results are attached.
The Central Playfield Restroom came in well above the Engineer's
Estimate. It appears that the project was too small for the sub-
contractors to take an interest in it. Therefore, there was Little,
if any, competitive pricing among the plumbers and electricians.
The engineer's estimate was $11,600, The only bid was $23,649.85.
It is recommended that the bid be rejected.
The enclosed fax proposes to CDBG that the money assigned to the
restroom be transferred to the Municipal Court Ramp contract.
The Court Ramp was about $2,300 over the engineer's estimate.
This difference was apparently due to an underestimating of the
profit requirement. The greatest difference between low bid and
estimate was the excavation bid item.
The fax to CDBG lists the cost of the project. It was expected
that the city would purchase and furnish the door openers and
doors. The total construction cost would be about $15,000.
If the CDBG allows fund transfers, then it is recommended the
City award the contract to the lowest bidder.
If the CDBG does not allow the fund transfer, then it is
recommended that the City award the contract to the lowest bidder
and the matching share for the restroom contract be transferred to
the Court Ramp contract.
Central Playfield is currently being served with a portable
toilet.
CITY OF PORT ORCHARD Port orchard City Council
PUBLIC WORKS DEPARTMENT June 13, 1994
216 PROSPECT STREET Attachment "C" Page 2 of4
PORT ORCHARD, WA 98366
13 June 1994
TO: CDBG; Ms Pam Root
FM: Larry Curles
RE: Port Orchard Block Grants
Pam,
Number of Pages: 3
FAX y,7,?- 527,5
Enclosed are the bid results for the Municipal Court ramp and
the Central Playfield Restroom. Obviously, the restroom bid will be
rejected.
The cost to construct the restroom is a valid cost and I do not
think we can get it lower. With the requirements of ADA, we cannot
ignore the needs of this project. Therefore, the project should be
given serious consideration. With the bid opening, we can now
determine the final project costs:
Construction $10,993.75
Automatic Doors $ 1,986 (City to Furnish)
Front Door $ 700 (City to Furnish)
Sales tax $ 1,108
PROJECT TOTAL $14,787.75 say $15,000
It is recommended that the $5040 for the Central Playfield
Restroom be transferred to the Municipal Court Project and the City
award the Court Ramp contract.
It is further recommended that the city redesign the restroom
project to reduce the cost by using concrete block .or wood walls
and using porcelain fixtures instead of stainless steel. The design
would not be a CDBG expense.
If the Library project has $5,040 available after bid opening,
the City would be able to transfer that amount of money to resume
the central playfield project.
Tc9764991 City Fngioecr: Larry Curies
Faz 976-49W Ciq FLnntr. Donna Brown %
MUNICIPAL COURT RAMP
BID RESULTS
Port Orchard City Council
June 13, 1994
AttacYmtent "C"
Page 3 of 4
OLSEN"S
GENE
FREIGANG
JRR
CONCRETE
PRECISION
CONCRETE
ENGR/S
EST.
EXCAVATION
1600
1540
1098
1690
200
CONCRETE
FORMS
1762.50
3640
3296
3202
1800
CONCRETE
RAMP
2781.25
2600
2196
3750
3000
FRONT DOOR
925
510
960
600
500
AUTOMATIC
OPENER
400
620
369
150
300
RESTROOM
DOOR
862.50
520
960
500
1000
HANDRAIL
1350
940
1098
1850
1100
ELECTRICAL
650
650
700
700
400
PAINTING
662.50
680
960
237
300
BID PRICE
10,993.75
11,700
11,865
12,679
8,600
CENTRAL PLAYFIELD RESTROOM
BID RESULTS Port. Orchard City Council
June 13, 1994
Attachment "C"
Page 4 of 4
OLSENI'S
ENGR-S
EST.
EXCAVATION
3,712.50
1.,000
CONCRETE
BUILDING
5,794.85
5,500
ROOF
2,850.00
500
FIXTURES
5,320.00
2,000
DOORS
1,275.00
1,000
WALLBOARD
487.50
300
SIDEWALK
1,050.00
525
ELECTRICAL
2,612.50
500
PAINTING
637.50
275
BID PRICE
23,649.85
11,600