06/23/2003 - Regular - MinutesPort Orchard, Washington
June 23, 2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30 P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Rider and
Cramer. Councilwoman Powers excused, page 3, paragraph 9. Staff present: Police Chief Townsend, City
Planner Wenman, City Attorney Combs, Deputy Clerk Merlino, and City Clerk Parks.
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Gerald Carpenter, Perry Avenue resident, spoke against the recently adopted Ordinance No. 1899
regarding parking of recreational vehicles on city right-of-way. Mr. Carpenter questioned if the
recreational vehicle is not blocking traffic and has not become a safety hazard, what is the purpose of this
ordinance?
Steven Brown, Perry Avenue resident, also expressed dissatisfaction with Ordinance No. 1899 and stated
drafting and approving an ordinance restricting citizens' rights is morally wrong. Mr. Brown asked that the
City Council reverse their decision on this ordinance.
Marvin Rowan, 132 Rockwell Avenue, asked for Council's permission to park his 27' motorhome next to
his home located on Morton Street. Mr. Rowan also spoke in opposition to Ordinance No. 1899.
Kerry Stevens, Perry Avenue resident, expressed a concern with Ordinance No. 1899 stating this
ordinance does not cure a problem, it only causes more problems for the residents on Perry Avenue.
Currently the residents on Perry Avenue have no problem with RV's or boats parking on Perry Avenue.
Mayor Weatherill thanked the citizens for their comments and referred the RV parking issue back into the
Street Committee for further review.
Bill Stein, 925 Division Street, expressed a concern with the city's drinking water, specifically to the odor
and quality of the water. Mayor Weatherill advised quality of the City's drinking water is monitored and
tested on a daily basis. Mayor Weatherill requested the City Engineer contact Mr. Stein and do further
testing on his drinking water.
Diana McConaghy, downtown merchant, addressed Council concerning the increase to the Downtown
Merchant's Parking Pass from $16.50 per month to $44.00 per month. Ms. McConaghy felt this was too
large of an increase for the downtown merchants and asked that this matter be placed on the next City
Council agenda for further discussion. Mayor Weatherill advised this matter will be placed on the July 14,
2003 City Council agenda.
Mayor Weatherill opened the 7:35PM Public Hearing regarding an application for a Zone Reclassification
from R4.5 Residential to Co-Commercial for property located at 2443 Bethel Avenue to construct a two-
story professional office building. Bethel Development Group L.L.C., applicant.
City Planner Wenman presented staff report and Planning Commission's recommendation for approval
for the proposed Zone Reclassification. City Planner Wenman advised the Planning Commission did
make one recommendation to reduce the access points from three to two.
Norm Olson, representing Bethel Development Group, acknowledged the Planning Commission's
recommendation and advised they have no problems with the conditions imposed and will reduce the
access point from three to two.
Mr. Olson referred to the proposed condition requiring property owners deed 20' of property for future
right of way purposes. Mr. Olson requested the Council consider granting a credit in an amount equal to
the fair market value of the deeded 20' right of way towards any potential future impact fees associated
with future Bethel Avenue improvements.
June 23, 2003
Page 2 of 5
Council discussed Mr. Olson's request for credit towards future impact fees associated with future Bethel
Avenue improvements, and Council concurred this request would not be granted at this time.
Mayor Weatherill called for audience comments either for or against the proposed application for a Zone
Reclassification from R4.5 Residential to Co-Commercial for property located at 2443 Bethel Avenue to
construct a two-story professional office building. As no further comments were received, Mayor
Weatherill closed the public input portion of this public hearing and referred this matter to the Council for
their recommendation.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Planning Commission
Resolution No. 333-03, as their own and approved the construction of a two-story professional office building,
as submitted by Bethel Development Group L.L.C, applicant with the following 12 conditions:
Fire:
1. Buildings shall be constructed in accordance with the provisions of the Uniform Fire Code
(1997 Edition), and the Uniform Building code (1997 Edition), as adopted and enforced by the
City of Port Orchard. All construction shall be in accordance with Article 87, Fire Safety
During Construction, and Alternation of Demolition of a Building.
2. A minimum of 1,500 gallons of water per minute, measured at a residual pressure of 20 p.s.i.,
will be required to provide adequate fire flow for a building area of approximately 13,560
square feet, if the construction type consist of Type V-N. The minimum fire flow also includes
a 50 percent reduction with the building having a fire sprinkler system installed meeting
National Fire Protection Association standard 13.
3. Before construction may begin on any lot, fire department vehicle access must be provided.
Access roads shall be provided for all structures more than 150 feet from a public access
road. Access roads shall be a minimum of 20 feet in unobstructed width, be designed and
maintained to support the imposed loads of fire apparatus (45,000 pounds) and must have a
surface that provides all-weather driving capabilities.
4. Plans for the sprinkler system must be approved by the Kitsap County Fire District #7
Prevention and Education Office prior to installation. Separate permits are required for each
installation. Submittals for a review must include specifications on all devices to be installed.
5. The minimum acceptable fire extinguisher for other areas of the building is a 5-pound, dry
chemical, ABC extinguisher. Extinguishers shall be mounted in accessible locations, 3 to 5
feet above the floor and located so that an extinguisher is within 75 feet of travel distance
from any point in the buildings.
6. Dumpsters shall not be located within 5 feet of a building opening or within 5 feet of
combustible walls or combustible roof eaves.
7. A Rapid Access Key Box will be required because immediate access is necessary for life-
saving and firefighting purposes. The owner will be required to provide keys to gain access to
all portions of the building. The Rapid Access Box should be located adjacent to the main
entrance unless an alternate location is approved by Fire District 7 Prevention/Education
office. An application for Rapid Access Box should be picked up at the Prevention/Education
office.
Engineering
8. Prior to issuance of a building permit, the property owner shall deed the west twenty (20) feet
of the property to the City for right of way purposes, subject to attorney input.
9. The property may landscape and maintain that landscaping in the undeveloped right of way
until the City needs the property for road or utility purposes.
June 23, 2003
Page 3 of 5
10. The property may install the premise's sign, in accordance with the Sign Code, in the
undeveloped right of way until the City needs the property for road or utility purposes.
Planning
11. The applicant shall submit and implement the landscape plan (including a tree retention plan)
consistent with city standards, prior to final occupancy. Ordinance No. 1895 provides for
Significant Tree Retention in Chapter C4, Section 16a: Removal of any significant trees with
a DBH (diameter at breast height) of 36 inches or greater shall require City Council approval
upon the following standards:
i. The proposed use cannot reasonably accommodate the retention of the
significant tree; and
ii. The significant tree shall be replaced in accordance with Section 20.
12. The parking and circulation plan shall be designed providing fewer than three ingress/egress
points and submitted for the approval of the City Engineer.
City Planner Wenman presented a request from Craig Baldwin, representing Roger Lindell, for an exemption
from the View Protection Ordinance for property located at 1213 Morton Street. City Planner Wenman
advised Roger Lindell submitted this request for future redevelopment of the property, in which he anticipates
building two-story buildings with a maximum height of 33 feet, which would exceed the view protection limit of
15 feet.
Craig Baldwin, Westsound Engineering and representing Roger Lindell, outlined, on a map, the area in which
he is intending to develop the property into condominiums. At this time Mr. Lindell has not prepared any
specific site plans for the property. Mr. Baldwin reviewed the four criteria's, as set forth in Section 12 (3) of
the Zoning Code Ordinance No. 1785, which needs to be met before an exemption can be granted.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council denied the request as
submitted by Roger Lindell for an exemption from the View Protection Ordinance for property located at 1213
Morton Street, without prejudice, allowing the applicant an opportunity to resubmit his request with a site plan
specific project.
On motion by Councilman Cramer, seconded by Councilman Wyatt, Council continued to the July 14, 2003
City Council Agenda proposed Resolution No. 2026 supporting the County Courthouse Master Plan for
Future Growth.
At 8:50 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:07 PM.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council excused Councilwoman
Powers from the City Council meeting.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the following
consent agenda items:
a. Minutes of the June 9, 2003 regular City Council meeting
b. Claim warrants numbered 39303-39381 in the amount of $346,144.71.
c. Approval of the 2003 Fathoms 0' Fun Firework Display
d. Approval of a Firework Stand Permit located at Albertson's Parking Lot-1434 Olney
Avenue
June 23, 2003
Page 4 of 5
Councilman Cramer, Chair Public Safety Committee, advised during the committee meetings where the
noise ordinance revisions would be discussed, Councilman Ron Rider (due to a conflict of interest) would
be replaced by Councilman John Clauson.
Councilman Cramer reminded Committee Members the next Public Safety Meeting is scheduled for June
24, 2003, 5:30 PM at City Hall.
Councilman Rider reported the Growth Management Committee discussed adding definitions to the
Zoning Ordinance to address outdoor entertainment venues.
Councilman Geiger, Finance Committee Chair, requested the City Clerk prepare a draft resolution, for
Council consideration, to create a new Clerk-Receptionist (temporary position) job description. This
position would be used for short term temporary positions when a department is experiencing staff
shortages or has special projects.
Councilman Geiger, Finance Committee Chair, reported on the current copy machine lease which will
expire on June 27, 2003, for copy machines within the Administrative, Finance and Police Departments.
Four vendors were invited to bring their equipment to City Hall for an employee evaluation period. The
Administrative, Finance and Police Departments previewed five machines. All equipment was evaluated
based upon performance, whether they were user friendly, and the most economical price. Both
departments concurred with the Konica copy machine from Pacific Office Automation due to the price and
user-friendly capabilities.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the Mayor to
sign the lease agreement documents, subject to concurrence of the City Attorney, with Pacific Office
Automation and De Lage Landen Financial Services for two Konica copy machines, which will serve the
Administrative/Finance Departments and the Police Department. The lease agreement documents
include the two copy machines plus supply and maintenance costs for 36 months at a monthly fee of
$1,064.19 plus sales tax.
Mayor Weatherill advised the Kitsap County Housing Authority is looking into a no cost Community
Development Grant on behalf of the City to review the best potential use of the city's waterfront properties
and downtown Bay Street area. This grant will allow for an economical study and physical study for
landscape design ideas. In conclusion Mayor Weatherill stressed the importance of this grant to help
revitalize the South Kitsap area.
Councilman Morrison set July 3, 2003, 7:30AM at Myhre's for the next Street Committee meeting.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the Mayor to
sign Change Order No. 1 for the Pottery Avenue Paving Project with Ace Paving in an increased amount
of~ $11,473.81. Scribner's correction
Councilman Morrison requested staff prepare a draft ordinance rescinding Section 9.30.020(18) of the
Port Orchard Municipal Code regarding drainage onto sidewalks and driveways.
Councilman Clauson reported City Engineer Curies will be traveling to the east coast visiting relatives and
has agreed to extend his visit and travel to Washington DC to meet with Congressman Dicks and various
Senators to present the proposal for the Police Indoor Pistol Range and inquire about possibilities for
federal funding.
On motion by Councilman Clauson, seconded by Councilman Cramer, Council authorized the City to pay
lodging costs for the City Engineer in Washington DC when he meets with Congressman Dicks and
various Senators to present the proposal for the Police Indoor Pistol Range and inquire about possibilities
for federal funding.
June 23, 2003
Page 5 of 5
On motion by Councilman Clauson, seconded by Councilman Cramer, Council declared as surplus, and
authorized the Police Chief to dispose of, in the best interest of the City, a 1992 Chevrolet Caprice police
vehicle, VIN #1G1BL5374NR140067.
At 9:25 PM Mayor Weatherill adjourned to Executive Session to discuss a personnel matter for 5 minutes.
At 9:30PM Mayor Weatherill reconvened Council into regular session and adjourned meeting.
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR