07/28/2003 - Regular - MinutesPort Orchard, Washington
July 28, 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: Sergeant Duncan, City Planner Wenman, Assistant City Engineer Cole,
South Kitsap District No. 7 Representative Greg Rogers, Assistant City Attorney Jacoby, Deputy Clerk
Merlino, and City Clerk Parks.
Councilman Wyatt led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Bill Stein, 925 Division, informed Council that after he met with City Engineer Curies regarding the quality of
his drinking water, he was not satisfied with City Engineer Curies' response. Mr. Stein questioned why after
so many years is the City chlorinating the water system? Mr. Stein expressed a concern that the water
system has been violated. Mayor Weatherill advised, Mr. Stein, the City Engineer is currently out of town,
however upon his return these questions will be brought to his attention.
Mayor Weatherill opened the 7:35 PM continued Public Hearing regarding an Application for Preliminary Plat
as submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins Drive. (Public
Hearing continued from March 25, 2002; May 28, 2002; August 26, 2002, November 25, 2002 and April 14,
2003).
City Planner Wen man presented staff report Exhibit "1 ", dated July 21, 2003, outlining staff's specific
concerns, such as
• Lot size/buffer Requirements
• Property Configurations
• Roadway Standards
• Emergency Access
• Pedestrian Walkway
• Storm water Plan
City Planner Wenman stated the applicant is requesting a deviation from the City's Subdivision Ordinance,
Storm Water Ordinance, and Critical Area Ordinance. City Planner Wenman advised Caseco Lane is a
private road and does not meet city road standards.
At this time, Mayor Weatherill asked for audience comments either for or against the Application for
Preliminary Plat as submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins
Drive.
Reid Muller of Ward C. Muller and Associates and a Licensed Land Surveyor represented Richard and Karen
Berg. Mr. Muller presented Exhibit "2" -Current Plat Layout, dated July 28, 2003, which illustrated approved
roads and plats within Kitsap and Pierce Counties with similar street grades and street dimensions. Exhibit "2
also discussed the Tree Retention Plan Goals.
Mr. Muller concurred with the proposed condition that all homes are to be constructed with approved fire
sprinkler systems. Mr. Muller advised the applicant does not have a problem with that condition.
Mr. Muller agreed pedestrian access along Caseco Lane to Wilkins Drive would be an enhancement to the
road, however they would like to keep the amount of impervious surface to a minimum.
Mr. Muller advised the storm water pond has been redesigned according to the City's Storm Water
Ordinance. He also indicated that once homes are built, stormwater would mostly be handled by infiltration.
July 28, 2003
Page 2 of 6
Mayor Weatherill called for further audience comments concerning the Application for Preliminary Plat as
submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins Drive. As no further
comments were received, Mayor Weatherill closed the public input portion of the Public Hearing and referred
this matter to Council for their consideration.
Council members engaged in a lengthy discussion that included, but was not limited to the following issues:
• Lot Size/Buffer Requirements: -Several Council members agreed the lot size may be configured
with Open Space buffers.
• Property Configuration: -Council concurred with the property configuration.
• Roadway Design: -Several council members agreed this subdivision is unique and a deviation to the
roadway design would not be detrimental to the development or City.
• Tot Lot:-Council agreed an alternative to the dedication of a tot lot would be appropriate.
• Storm water -Several council members indicated that as long as a licensed engineer reviewed and
signed the necessary plans, no further review was necessary.
After much discussion, the Council authorized staff to prepare a draft Ordinance approving the Application for
the Preliminary Plat, as submitted by Richard and Karen Berg for property located in the vicinity of 215
Wilkins Drive, with Findings of Fact and Conditions of Approval based on Council discussion.
At 9:20 PM Mayor Weatherill called for a 1 0-minute recess with meeting reconvening at 9:30 PM.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an Application for Site Plan Review as
submitted by Buchananlingenbrink, LLC to allow for the construction of a medical office building
(approximately 8300 sf) at 1989 Bethel Avenue.
City Planner Wenman presented staff report outlining the proposed site plan changes. City Planner Wen man
advised the proposed project is consistent with the zoning code and guidelines for commercial projects, and
appears to satisfy the rezone criteria, as well as the site plan specific requirements, which were originally
approval in 1996.
David Grellier, architect representing Buchananlingenbrink, LLC, discussed the proposed site plan changes
in detail and advised all proposed conditions of approval are acceptable to the applicants. Mr. Grellier
requested council authorization to place a commercial monument sign within the Bethel Avenue right-of-way.
Sandy O'Donnell, owner of Springhouse Dolls and Tea House, 1140 Bethel Avenue, spoke in favor of the
proposed site plan revision. She did express concern with the proposed location of the ingress and egress
onto Bethel Avenue, and requested the City study this issue further.
Ruth Ann Devlin, owner of Bell, Book, and Candle Bookstore, 1130 Bethel Avenue, supported commercial
development of this property and was generally in favor of the proposed site plan revision. She also voiced
concern with the location of the planned ingress/egress onto Bethel Avenue. Ms. Devlin suggested moving
the entrance to the complex further south within the property boundary. She stated moving the access
further from the Post Office entrance would help alleviate congestion.
Joe Hedstrom who lives behind subject property expressed a concern with reported wetlands in the area.
Application for Site Plan Review as submitted by Buchananlingenbrink, LLC, which would allow the
construction of an approximately 8300 sf. medical office building. The project is located at 1989 Bethel
July 28, 2003
Page 3 of 6
Avenue. As no further comments were received, Mayor Weatherill closed the public input portion of the
Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council conditionally approved the
Application for Site Plan Review as submitted by Buchananlingenbrink, LLC to allow for the construction of an
approximately 8300 sf. medical office building located at 1989 Bethel Avenue, with conditions of approval and
review of the ingress/egress onto Bethel Avenue by the City Engineer.
City Clerk Parks reported on bid opening held July 23, 2003 at 4:00 PM regarding the Van Zee Water
main and Pump house. Four bids were received with the required bid bond and acknowledgement to
addendums 1 and 2 as follows:
Construct Co.
Lydel Construction, Inc.
Northern Con-Agg
WM Granquist Construction Co.
ENGINEER'S ESTIMATE
Bid Total
$61,209.79
$94,435.00
$96,828.00
$83,600.00
$73,090.00
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council accepted the bidding
and awarded the Van Zee Water main and Pump house to the lowest bidder, Construct Co. in the amount
of $61,209.79.
Councilman Morrison moved to adopted Resolution No. 2033 setting August 25, 2003 at 7:40 PM as the
date and time of a public hearing on a Petition to Vacate a portion of Wendell Avenue and a portion of
Palmer Avenue, as submitted by Ralph P. and Gladys J. Brady, seconded by Councilman Wyatt.
Councilman Geiger amended motion to include that, if the Street Vacation is approved, any compensation
received will be redistributed with a 50/50 split between the Street Fund and the Designated Unreserved
Fund Balance for Parks, seconded by Councilman Wyatt and carried.
Original motion as amended approving Resolution No. 2033 setting August 25, 2003 at 7:40 PM as the
date and time of a public hearing on a petition to vacate a portion of Wendell Avenue and a portion of
Palmer Avenue, as submitted by Ralph P. and Gladys J. Brady with the condition, if the Street Vacation is
approved, any compensation received will be redistributed with a 50/50 split between the Street Fund and
the Designated Unreserved Fund Balance for Parks. Motion passed with 7 ayes.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to
sign the necessary document authorizing the Kitsap County Auditor's Office to conduct the September
16, 2003 Primary Election entirely by mail.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council concurred with Mayor
Weatherill's appointment of Carol Etgen to the position of Interim City Clerk/Assistant to the Mayor. Ms.
Etgen will start employment with the City on August 4, 2003 and will assume the position of City
Clerk/Assistant to the Mayor on October 1, 2003 following the retirement of Patricia Parks the current City
Clerk on September 30, 2003.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council removed from consent agenda
"Item 5c. proposed Resolution No. 2032 amending rates for parking in the city parking lots." and approved the
following consent agenda items:
a. Minutes of the July 14, 2003 regular City Council meeting as corrected and distributed.
b. Claim warrants numbered 39521-39590 in the amount of $49,492.97.
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d. Resolution No. 2034 approving Application for Conditional Use Permit No. 010-03, as
submitted by the Luther Center for Learning to utilize the existing First Christian Church
facility for private school use from grades K through 61h on an interim basis.
e. Resolution No. 2035 consenting to the assignment of the Cable Television Franchise
from Charter Cable to Wave Division Holdings, LLC.
f. Resolution No. 2036 revoking Temporary Use Permit No. 012-03 for the Howling Wolf
Amphitheatre located at 375 Sedgwick Road based on violations of the City's Noise
Ordinance as provided in POMC 9.24.
Councilman Clauson presented motion to adopt Resolution No. 2032 reducing the rates for city parking
lot passes with effective dates as listed below, motion seconded by Councilman Wyatt and passed with 5
ayes and 2 nays. Council members Morrison and Cramer voting nay.
Merchants Parking Pass August 1, 2003
Public Parking Pass September 1, 2003
Downtown Merchant Parking Pass September 1, 2003
CommuterNanpool Parking Pass September 1, 2003
Contractor Parking Pass September 1, 2003
On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council excused Councilman
Cramer from the August 11, 2003 City Council meeting.
Councilman Geiger, Finance Committee Chair, presented the proposed Loaned Officer Program. This
program is a unique opportunity for the City and our experienced Police Officers. Port Orchard Police
Officers could participate as members of special state task force teams or as training instructors at the
Criminal Justice Training Center. Loan Officer assignments generally are for 2-3 years. The sponsoring
agency, (state or CJTC) will reimburse the City for the cost of the officer's salary and benefits, plus pay
the officers transportation costs during their time with that agency. During their time on a special task
force or as a training officer, the officer will gain valuable skills and experience that they will bring back to
the community. The Finance Committee and Public Safety Committees have reviewed the proposed
Loaned Officer Program and concur that this is an excellent opportunity for the officers and the City.
While the experienced officer is away the City will hire a temporary contract officer from the Civil Service
Lateral Entry Eligibility Roster. Under the plan the loaned officer would be required to sign an agreement
with the City to return to active duty after the assignment for a minimum of one year. In addition, during
their assignment the officer would be required to come back to the Police Department on a quarterly basis
and "download" the information they are learning. If the officer left the Port Orchard Police Department
prior to completion of the one year term, the officer will be required to pay the City $5,000 to compensate
for the costs associated with training the temporary contract officer that filled in for him/her.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved the concept of the
Loaned Officer Program and hiring of a temporary contract police officer with the loaned officer being
required to sign a contract committing to a one year return or repayment of $5000 for the cost of training
the temporary contract officer plus returning quarterly to share new skills and training experience. Motion
passed with 6 ayes and 1 nay. Councilman Cramer voting nay.
Councilman Geiger, Finance Committee Chair, presented proposed revisions to the Family and Medical
Leave Policy. Revisions include but are not necessarily limited to; expand definition language and
include new Washington State law language allowing employees to use accrued sick leave for specific
family members (prior law only allow use of sick leave for the employee or a child). These changes were
presented in two formats: ·
July 28, 2003
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• A long version that (1) expands current language to include all definitions and (2} updates Section
3 of the Family and Medical Leave Policy to be consistent with new State Law regarding use of
sick leave.
• A short version that is meant to be an overview, which is then interpreted by the employer by
referencing the state and federal regulations.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized the City Clerk
to commence the process to revise the City's Family and Medical Leave Policy (200-005} using the longer
more comprehensive version.
Councilman Morrison, Street Committee Chair, reported on the request by Bay Ford to lease spaces in
City Parking Lot No. #8 at Westbay for their employee parking. This is the site of South Kitsap Rotary's
Blackjack Creek Landscape Beautification Project, which was approved by the Council May 12, 2003.
South Kitsap Rotary anticipates starting construction of the beautification project in the spring of 2004.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor
to sign a lease with Bay Ford to lease 28 parking spaces for employee parking at the rate of $22.00 per
month per space. Term of lease shall be month to month for a period of up to one year or such time as
South Kitsap Rotary is ready to commence construction of the Blackjack Creek Landscape Beautification
Project.
Councilman Morrison, Street Committee Chair, advised the City has received a petition to form a Local
Improvement District to construct a road in the Lovell Street right-of-way. Councilman Morrison
commented the City Attorneys' office is very experienced in forming LID's and recommends that the
petition be forwarded to the City Attorney for processing.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council accepted the petition to
form a Local Improvement District to construct a road in the Lovell Street right-of way and authorized City
Attorney Special Project Status with the cost of legal fees incurred on this LID project be paid from LID
fund.
Councilman Morrison, Street Committee Chair, reported the Methodist Church located at 725 Kitsap
Street, is requesting the City close a section of Kitsap Street in-front of their church, due to the many
events that are scheduled on August 1 0, 2003, {The Cruz 2003, Great Ball Race, Festival By The Bay,
and Car Collectors Auction) in the downtown area and waterfront parking lots. This closure will help
accommodate loading and unloading of parishioners, on August 10, 2003 from 8:00 AM to 2:00 PM.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized closure of a
section of Kitsap Street in front of the Methodist Church located at 725 Kitsap Street to accommodate
loading and unloading of parishioners, on August 10, 2003 from 8:00AM to 2:00 PM.
Councilman Clauson Water/Sewer Committee, reported on the Wastewater Treatment Facility proposed
installation of a rotary mixing system for the digesters, which will significantly improve the operation of the
digesters. Councilman Clauson reported the cost of the mixing system was originally $69,000;
unfortunately the actual cost of the equipment/materials has come in at approximately $200,000.
Councilman Clauson acknowledged this is a significant cost increase at this time; however delaying
installation of the rotary mixing system would require re -draining and re-scrubbing of the tank and result
in a much higher cost in the future.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the engineer for
Karcher Creek Sewer District to proceed with the bidding process for the labor to install the rotary mixing
system during the Wastewater Treatment Facility Expansion Project.
July 28, 2003
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Councilman Clauson, Water/Sewer Committee Chair, advised the Wastewater Treatment Facility needs a
temperature-controlled space to store the Zenon assemblies, until the contractor is ready for them. The
Karcher Sewer District has heated garages available for the required 18 months, at a cost of $.50 per
square foot.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the City
Engineer to proceed with leasing space at the Karcher Creek Sewer District facility on Lund Street to
store the Zenon assemblies for 18 months, at a cost of $.50 per square foot or approximately $8,600.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved extension of the
contract Janitorial Contract with E & J Janitorial Service for an additional 12 months.
Mayor Weatherill announced this is the last City Council meeting for City Clerk Pat Parks, who is retiring
from city service on September 30, 2003. Mayor Weatherill and City Council members presented Mrs.
Parks with a bouquet of flowers and thanked her for her 27 years of dedicated service to the citizens of
Port Orchard.
At 1 0:35PM Mayor Weatherill adjourned the regular City Council meeting.
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR