04/26/1993 - Regular - MinutesPort Orchard, Washington
April 26, 1993
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Leslie J. Weatherili at 7:30 PM. Councilmembers present: Clauson, Childress,
Morrison, Geiger, Powers and Grable. Staff present: City Attorney McCluskey, City
Engineer Curles, Police Chief Mathews, Fire Chief Snow and City Clerk Hower.
Councilman Smith on approved leave of absence.
Councilman Powers led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
unanimously approved consent agenda items as "A", "C", & "G" as follows:
(Item B was removed for further discussion, and items "D", "E" & "F" were referred
to the Finance/Labor Negotiations Committee for review).
a. Approved minutes of April 12, 1993 Council meeting as circulated.
C. Approved Fireworks Applications for the following locations:
Rochelle's Fine Fabrics - South Kitsap Mall Parking Lot
Muster Team #5601 - Stockmarket Parking Lot
Muster Team #5602 - Albertson's Parking Lot
Port Orchard Lions Club - 1211 Bay Street parking lot
Jim Strode - South Kitsap Mall - adjacent to A&W
g. Approved application for Public Event - Kitsap Mustang Club, Saturday, July
31, 1993.
Bill Hurley, General Director 1993 Fathoms of Fun Festival, plead case for carnival
placement on waterfront lot and also presented a petition with 224 signatures
requesting Council reverse their action (at the April 12 Council meeting) denying
use of waterfront parking lot #4 for the carnival. Mr. Hurley informed the Mayor
and councilmembers the carnival representative(s) who are to bring site plan of
proposed carnival layout, have not arrive but are expected.
Kathleen Kimble, Co -Secretary Bay Street Merchants Assn., voiced the Association, as
a group and individuals, support the carnival downtown.
Warren Van Zee, 601 Dwight, supported locating the carnival in the traditional
waterfront site.
Teddie Bernier, Past -President Bay street Merchants Assn., spoke in support of
keeping the carnival and Fathoms Festival in the downtown area.
Mike Brown, S.K. resident and Kitsap Fire District No. 7 Chief, implored the City to
reconsider prior action in an effort to support the festival. This festival gives
Port Orchard and South Kitsap residents a safe alternative to celebrate the Fourth
of July.
Bob Taylor, representing "boaters" advocated retaining the carnival on waterfront
stating relocating it would be a terrible wrong for our City.
Dee Eide, co-owner Spot Realty ask Council to reconsider and allow the carnival
downtown. Mrs. Eide offered $1,000 donation to Fathoms and challenged other South
Kitsap businesses to support the festival.
April 26, 1993
Page 2 of 4
Cheri Gerber, Flower Avenue, voiced belief that Fathoms carnival is a wonderful
event for children and appealed to the Council for reconsideration.
Neal Perrine, 1020 Morton, supported the development of more fun activities in the
downtown area and urged continuation of the waterfront carnival location.
Martha Wescott, 2058 Beach Court, stated Fathoms festivities give a sense of
community and asked the Council to please reconsider.
Jan Angel, President Port Orchard Chamber of Commerce, stated she and her family
have been involved with Fathoms for years and the carnival is a means to keep the
festival alive.
Wayne Tripp spoke in support of the carnival and the Fathoms of Fun Festival.
Ray Lamoureux, Fathoms Royalty Court contestant, ask for reconsideration urging City
support the festival and the carnival.
Lisa Hein, Fathoms Royalty Court contestant ask councilmembers to be responsive to
the wishes of the people, stating Fathoms is the only link to a sense of community
for some people.
Councilman Don Morrison clarified events leading up to council action and outlined
various councilmembers individual support and the City's support of the Fathoms of
Fun Festival in the past, taking exception to statements which have been made by
individuals and the press concerning "the City's efforts to kill the Fathoms
Festival". Councilman Morrison assured those present that the city has and does
support the festival but must be concerned with public safety and suitably of
requested location for carnival event. To be a successful community event, Fathoms
must have the support of the community as a whole. Commitments of time and funding
must also come from citizens and business.
Bill Hurley reassured Council that the design and layout of the carnival will not
jeopardize public safety concerns or parking lot landscaping.
Sharron King, Fathoms Board member and Pageant Director questioned application
process and timing. Ms. King stated the festival must be a cohesive unit in order
to make the festival a success, the carnival needs to be included.
Bill Hurley informed Council that carnival representative(s) have arrived.
Leonard Olson, 2416 South 92nd, Tacoma, presented a drawing depicting carnival
layout which includes 12 rides and 8-10 game booths. In response to question of
need to poke holes in pavement, Mr.Olson stated two holes are required by Labor &
Industries for electrical ground. (one grounding stake is existing).
Bill Hurley projected carnival activity will provide approximately $4,000-$5,000 for
the Fireworks Fund. The carnival is needed to help fund the fireworks.
Paul Williams expressed that the carnival in another location would take away the
unique atmosphere and reduce it to "just another carnival". It is an integral part
of the festival and it would not be the same without the carnival downtown.
April 26, 1993
Page 3 of 4
Mayor Weatherill reviewed DNR lease fee rental fee increase and other factors city
must consider when addressing usage of waterfront areas.
Ralph Meeker, retired carnival owner, urged all concerned to work together to solve
problems. Mr. Meeker assured city officials that Leonard Olson runs a good, clean,
safe carnival.
Mayor Weatherill discussed Kitsap Regional Council's move to consider banning
fireworks sales to the public by 1995. At that time, all fireworks would be by
display only, ignited by professional pyro-technicians.
Mayor called 10 minutes recess to allow staff and councilmembers an opportunity to
review proposed carnival layout.
Meeting reconvened at 8:37 P.M.
On motion by Councilman Morrison, seconded by Councilmembers Powers and Grable,
Council approved the use of waterfront parking lots 3 & 4 for the Fathoms of Fun
carnival subject to the following conditions:
(1) Review and approval of carnival layout by Police Chief, Fire Chief and the
City Engineer to provide for public safety and security.
(2) All insurance coverage are provided as required by the city.
(3) Carnival comply with Labor & Industries spacing and setup requirements.
(4) Coordinate with City Engineer to provide security protection for landscaping;
and
(5) A bond, in an agreed upon amount, be provided to protect against any damage to
the parking lot or landscaping.
Mayor called a 5 minutes recess.
As a point of order, Councilman Morrison moved to reconsider motion made at April
12, 1993 Council meeting to deny Fathoms of Fun request to use waterfront parking
lot for carnival, seconded by Councilman Grable and carried.
City Clerk Hower reported on bid opening held April 22, 1993 at 4:30 PM for Sewer
Force Main Realignment Project. Bids accompanied by required bid bond were received
as follows:
Sound Excavating $9,498.00
Olsen's Land Development $8,048.54
Case Excavating $4,105.00
Pape & Sons Construction $9,121.00
Engineer's Estimate $5,620.00
City Engineer Curles reviewed project and recommended awarding bid to low bidder
Case Excavating.
On motion by Councilman Clauson, seconded by Councilman Childress, Council awarded
bid for the Sewer Force Main Realignment Project to Case Excavating in the amount of
$4,105.00.
City Engineer Curles introduced Donna Brown. Ms. Brown joined the City today as the
City Planner. Mayor Weatherill and Councilmembers welcomed her aboard.
April 26, 1993
Page 4 of 4
On motion by Councilman Geiger, seconded by Councilman Clauson, Council unanimously
approved payment of vouchers as follows: Claims Warrant No. 18660-18735 in the
amount of $79,754.71. with the condition that disbursal of hotel/motel tax revenues
are subject to ruling from State Auditor's Office on definition of "promoting
tourism".
At the request of the Clerk, Councilwoman Powers moved to authorize the City Clerk
to draft a ordinance, for council consideration, to correct a clerical error in the
legal description of Ordinance No. 44JE->:,sIa': seconded by
..s.k r..-::::.:ur..�s�.:i`v:Div:-.4�..�.i:-SFnvFntiJ.?::.,v,.?FF:: rl:1++.V +i}y...:
Councilman Grable and carried.
At the request of the Clerk, Councilman Geiger moved to authorize the City Clerk and
the City attorney to draft an ordinance, for council consideration, which will
revise Ordinance 1533 relevant to Council pay for non attendance for reasons other
than illness or job conflict, seconded by Councilman Clauson and carried.
On motion by Councilman Clauson, seconded by Councilmen Childress and Grable,
Council authorized Police Chief Mathews to sign an application of support for state
and federal funds for County Wide Narcotics Task Force.
Councilman Clauson moved to authorize the City Engineer to contract with Ward Muller
to survey Tripp property near Sedgwick interchange (east of Geiger Road) which the
city is considering for a future water reservoir, seconded by Councilman Grable and
carried.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the City Engineer to purchase a used gas heater from Hanks to replace the Public
Works Shop heater at a cost of approximately $800.00
Councilman Morrison moved to amend the Residential Parking Program to include the
west side of the 200 block of Sidney Avenue, seconded by Councilman Clauson and
carried.
City Engineer Curles reported Mr. Ury, owner of property on Tremont which is bounded
on two sides by the city's 440 Tremont property, has suggested a trade of the
portion of his property needed for the right of way widening for an equal square
footage of the city's 440 Tremont property.
On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized
the City Engineer to negotiate a land trade with Mr. Ury to obtain additional right
of way on Tremont.
Meeting adjourned at 9:26 PM.
CITY CLERK
r
MAYOR