06/09/2003 - Regular - MinutesPort Orchard, Washington
June 9, 2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Powers,
Rider, and Cramer. Staff present: City Treasurer Tompkins, Police Chief Townsend, City Engineer Curies,
City Planner Wenman, Deputy Clerk Merlino, and City Attorney Combs.
Councilman Geiger led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Pat Mackie, a live-a-board at 405 Bay Street, Port Orchard Marine Railway, spoke to Council regarding the
temporary "No Parking" signs placed in front of Tweten's Lighthouse Restaurant, (429 Bay Street) which is
located next to the Port Orchard Marine Railway Marina. The residents have been parking in the parking
strip in front of Tweten's Lighthouse Restaurant, along the Bay Street right-of-way, however due to limited
sight distance and impact on adjoining commercial businesses, the City Engineer placed the temporary "No
parking" signs. The "No Parking" signs indicated they would be in effect until June 1, 2003. Mr. Mackie
asked in the future, residents at the marina be notified in advance of any future parking changes.
Julian Keith, a live-a-board at 405 Bay Street, Port Orchard Marine Railway, thanked the City Engineer for
placing the "No Parking" signs, as he was concerned with the safety of pedestrians and vehicles parking
along the Bay Street right-of-way. Mr. Keith did acknowledge part of the parking problem was due to
contractors working at the Port Orchard Marine Railway facilities. Mr. Keith asked that the City not
permanently eliminate the "No Parking" signs, but restrict parking to a safe and reasonable use within city
regulations.
City Engineer Curies advised signs have been ordered to read "No Parking within 8 feet of fog line", which
will allow vehicle to park along the curb and keep 8 feet open along the fog line to allow for pedestrians
and/or bicyclists and accommodate emergency stops as well. The City Engineer, Mayor and Council
thanked Mr. Keith and Mr. Mackie for bringing this matter to their attention. ·
City Treasurer Tompkins presented proposed Ordinance No. 1906 relating to the issuance of $3,000,000
par value of limited tax general obligation refunding bonds, 2003 for the refinancing of City Hall. City
Treasurer Tompkins advised the bonds were marketed on June 5, 2003 at a percentage savings of
12.044469%, with the average coupon rate of 3.298%. The present value savings is $359,503.70, with the
City's cash outlay of $100,000. The total savings over the life of issue to mature in the year 2019 will be
$617,909.63; the annual savings for the year 2003 is $20,458.34. In conclusion the City Treasurer advised
the bond closing is scheduled for June 24, 2003.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved Ordinance No.
1906 relating to the contracting indebtedness; providing for the issuance of $3,000,000 par value of limited
tax general obligation refunding bonds, 2003 for the refinancing of City Hall.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Resolution No.
2025 giving notice of intent to annex territory into the City of Port Orchard for municipal purposes. (Bethel
Avenue -Ancilla Tripp property).
On motion by Councilman Morrison, seconded by Councilman Geiger, Council removed from table,
proposed Ordinance No. 1899 regarding the parking of boats and recreational vehicles, and adding a new
chapter 10.18 to the Port Orchard Municipal Code. (Motion to approve presented at the April 28, 2003
Council meeting, by Councilman Morrison, seconded by Councilman Geiger.)
Councilman Morrison, Chair Street Committee, advised this ordinance when first presented addressed
both parking of boats and recreational vehicles in public right of way and parking of boats and
recreational vehicles in residential and mixed-use zones. After much discussion the Committee
recommending at this time an ordinance be adopted addressing recreational vehicles in public right of
way and a second ordinance be adopted, after further review by the Committee, recreational vehicle in
residential and mixed-used zones.
June 9, 2003
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On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No.
1899 regarding the parking of boats and recreational vehicles in the public right of way and adding a new
chapter 10.18 to the Port Orchard Municipal Code.
On motion by Councilman Wyatt, seconded by Councilman Clauson, Council approved the consent agenda
with the following correction to item 5c. as noted:
a. Minutes of the May 27, 2003 regular City Council meeting, as corrected and distributed.
b. Approval of Claim Warrants #39218 -39302 in the amount of $380,860.52 and May 2003
Payroll Warrants #137367-137416 and direct deposits in amount of $286,944.95.
c. Lodging Tax Advisory Board recommendation to allocate $2,500 from the Motel/Motel
Revenue Special Projects Account to the Fathoms 0' Fun Fireworks Fund for the 2003
Fireworks Display.
d. Resolution No. 2024 approving with conditions the Comprehensive Design Plan for the
High Point Shopping Center located at 1039 Bethel Avenue.
Councilman Cramer reminded committee members the next Public Safety Committee meeting is
scheduled for Wednesday, June 18,2003,5:00 PM at City Hall.
Councilman Rider, Chair Growth Management Committee, recommended the Planning Commission
review the zoning for outdoor amphitheater and their recommendation presented to the City Council.
Councilman Rider, Growth Management Committee Chair, also recommended the significant tree
ordinance be amended to delete requirements for short plat developments with requirements only
pertaining to new developments. Councilman Wyatt also recommended the Committee review the type of
tree species with possibly deleting alder and maple trees from the significant tree ordinance, due to their
hazardous nature.
Councilman Rider set June 18, 2003, 4:00 PM at City Hall for the next Growth Management Committee
meeting.
Councilwoman Powers reminded the Council of the Kitsap Community Resource Open House scheduled
June 13, 2003 from 1 :30 PM to 4:30PM located at 1211 Bay Street.
Councilwoman Powers reminded Committee members the next Public Property Committee meeting is
June 12, 2003, 6:30 PM at City Hall.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council excused Councilwoman
Powers from the July 14, 2003 and November 24, 2003 City Council meetings.
Councilman Geiger presented a proposal, which has been received from Pitney Bowes to upgrade the
City's postage meter equipment. The Postal Service will soon be requiring all postage meters to have
upgraded technology for digital meters. Pitney Bowes has developed special programs to introduce the
soon to be required equipment. The City's current equipment agreement expires in May 2004 and
upgrading at this time will result in a cost savings of $51.78 per month.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to
sign the new lease with Pitney Bowes to upgrade the City's postage meter equipment, which will expire
on November 1, 2008.
Councilman Geiger advised the City Attorney's office has responded that the City does have the legal
ability to post security deposits as long as the deposit is tracked, earns interest, and the city receives a
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reimbursement of the deposit along with the earned interest. The three options for the security deposit
are as follows:
• Bond, or
• Incremental prepayment, or
• Deposit of $5,000
On motion by Councilman Geiger, seconded by Councilman Clauson, Council recommended proceeding
with posting the $5,000 security deposit with the Department of Ecology for the Port Orchard/McCormick
Project.
Councilman Geiger responded to a request to consider taking VISA cards as a method of payment.
Councilman Geiger advised this was discussed with the Committee, and at this time the City is not
prepared to pay the expenses and devote the time to set up the handling of bankcards. Council would
like this reviewed in six months.
Councilman Geiger reminded the Finance Committee of their next meetings as follows:
• June 23, 2003 7:30AM at J.A. Michael's
• June 24, 2003 7:30 PM at City Hall
Councilman Morrison reported the Kitsap County Health Department and the Department of Ecology will
be at the July 28, 2003 City Council meeting to discuss the West Nile Virus and storm water ponds.
Councilman Clauson reported the Department of Ecology requires the Sewer Treatment Plants excess
water from a storm event be treated more than it is today. This will require a ballasted clarifier, which is
already part of the Sewer Treatment Plant expansion design. However only one firm makes the ballasted
clarifier that will fit within the limited area constraints available at the Sewer Treatment Facility. The city
has three options:
• Leave the purchase of the ballasted clarifier as part of the specifications, or
• The City will negotiate the purchase price and make the item and price part of the specifications;
or
• The City would pre-purchase the item, and the City would be responsible for shipping, storage,
and installation coordination.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the City
Engineer to proceed with the second option which would have the City negotiate the purchase price and
make the item and price part of the specifications.
Councilman Clauson also reported on the modification to the Wastewater Treatment Facility membrane
assembly, which would place a water meter on each cartridge to monitor its production on a daily basis.
The meter modification to the assembly would cost approximately $50,000.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the
modification to the Wastewater Treatment Facility's membrane assembly in the approximate cost
$50,000.
At 9:25 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:35 PM.
Councilman Rider requested the Council consider an extension of the Howling Wolf Amphitheater's
Temporary Use Permit located at 375 Sedgwick Road, to allow the Planning Commission enough time to
review the zoning requirements. The current Temporary Use Permit will expire on June 27, 2003.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council extended the Temporary
Use Permit for the Howling Wolf Amphitheater, located at 375 Sedgwick Road, until October 31, 2003.
City Planner Wenman presented the final draft of the lnterlocal Memorandum of Agreement between the
City and Kitsap County for joint planning for the South Kitsap urban area. The agreement has been
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approved by the staff and will be forwarded to the full Board of County Commissioners for approval at
their next meeting. The agreement has been revised to address the concerns of the City that were
identified and discussed at the May 27, 2003 City Council meeting.
On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council authorized the Mayor to
sign the final draft of the lnterlocal Memorandum of Agreement between the City and Kitsap County for
joint planning for the South Kitsap urban area, dated June 2, 2003.
City Engineer requested the Council consider relinquishing the water line easement on Lot 21 of the
Heron Ridge development. This easement was a remnant of a former water main deign. The water
main was intended to extend to Melcher Street along this property line. The water main is currently all
within the street and the City does not need this existing easement.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City
Engineer to relinquish the water main easement on Lot 21 of the Heron Ridge Development.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Change Order
No. 1 for the Sidewalk Replacement Project with R & J Landscape & Construction increasing the contract
total to $37,909.72 to $53,127.72.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to
sign the required documents with the Department of Ecology to proceed with Phase I of the Cost
Reimbursement Program.
At 9:10PM Mayor Weatherill adjourned to Executive Session to discuss a legal matter for 15 minutes and
extended the Executive Session an additional 15 minutes.
At 9:40 PM Mayor Weatherill reconvened Council into regular session a
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR