08/11/2003 - Regular - MinutesPort Orchard, Washington
August 11, 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: Police Chief Townsend, City Engineer Curies, City Planner Wenman,
Interim City Clerk Etgen, Deputy Clerk Merlino, and Assistant Attorney Amann.
Councilman Rider led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were
received at this time.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council concurred with Mayor
Weatherill's appointment of Carol L. Etgen as the Interim City Clerk/Assistant to the Mayor.
Retired City Clerk Patricia Parks administered the Oath of Office to Interim City Clerk/Assistant to the Mayor
Carol Etgen. Mayor Weatherill and Council welcomed her to the City of Port Orchard.
Dean Abbot of Kitsap County Health District presented a brief overview of the West Nile Virus. Mr. Abbot
discussed what the virus was, what are the symptoms and risks; and presented case counts from around
the states.
Warren Van Zee and Ann Blair updated Council on the Public Facilities District. Mr. Van Zee and Ms. Blair
outlined the history of the PFD and advised what the PFD is hoping to achieve in the future. They also
discussed the Fairgrounds and Special Event Center, and the Kitsap Conference Center in downtown
Bremerton, which is expected to open up in the summer of 2004. Ms. Blair also presented the 15 projects
that are identified for the South Kitsap area.
Mayor Weatherill referred the request by Linda Thompson, Port Orchard Branch Librarian, to place two air
conditioning units in the library building, to the Property Committee.
Mayor Weatherill opened the 7:35 PM Public Hearing concerning an appeal of a staff determination
regarding zoning code interpretations of minimum lot size for the R4.5 zone and minimum lot dimension
requirements, as submitted by Mark A. Kuhlman, P.E., Team 4 Engineering.
City Planner Wenman stated it is staffs determination that it is an oversight within the zoning ordinance to
not list the minimum lot size for R4.5 zones, where less restrictive zones, such as RB and R20 zones do
state the standards in the table. City Planner Wenman also commented that the zoning ordinance neglects
to indicate minimum lot width and depth standards for residential zones. It is the staffs determination that
this is an oversight as well.
In conclusion City Planner Wenman commented that it is important to provide for additional clarity where
deemed necessary, which would allow for consistency in review and interpretation. City Planner Wenman
further commented that if a standard is not listed in one section of the ordinance, but is referenced
elsewhere as a standard, then the standard applies. He believes this is the case with the minimum lot size
standard for the R4.5 zoning designation, and minimum lot width and depth standards for single family
detached lot development.
Mark Kuhlman, P.E., representing Team 4 Engineering, in his appeal to the City Council, advised that the
City's Growth Management Committee provided an interpretation that the existing Zoning Ordinance states
the minimum lot area for a lot in the R4.5 zone is 9,680. Mr. Kuhlman advised this is a conflict with the
densities and dimensions table of the zoning ordinance.
August11,2003
Page 2 of4
Mr. Kuhlman additionally appealed staffs determination regarding an interpretation that the existing zoning
ordinance sets the minimum lot dimension for any lot in any zone at 60 feet by 75 feet. Mr. Kuhlman stated
this is in conflict with Part C1: 1, the Density, Dimensions, and Design Requirements section of the zoning
ordinance and the Densities and Dimensions Table of the zoning ordinance.
Mayor Weatherill asked for audience comments either for or against the appeal of the City's staff decision
regarding code interpretations of minimum lot size and minimum lot dimensions for R4.5 zone.
Reid Muller of Ward C. Muller and Associates, agreed with Mark Kuhlman's appeal, stating the section
regarding minimum lot size was discussed in great detail during the development of the new zoning
ordinance. Mr. Muller commented that the consensus by Council was, after much discussion, that by using
the Density Bonuses, where buffers and wetlands were present, the minimum lot size in the R4.5 zone
could be achieved.
At this time Mayor Weatherill called for further audience comments regarding the appeal of the City's staff
decision regarding code interpretations of minimum lot size and minimum lot dimensions for R4.5 zone, as
submitted by Mark Kuhlman, P.E., Team 4 Engineering. 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 Councilman Morrison, Council moved to uphold staffs
determination with the condition that the minimum lot size for the R4.5 zone and minimum lot dimension
requirements be reviewed by the Planning Commission with specific recommendations presented to the
City Council for their consideration. Motion passed with 6 ayes and 1 nay. Councilman Geiger voted nay.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Ordinance No. 1910
amending Chapter 16.04 of the Port Orchard Municipal Code regarding subdivisions.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Resolution No. 2037
designating August 31, 2003 as Givens Family Appreciation Day.
At 9:20 PM Mayor Weatherill called for a 1 0-minute recess with the meeting reconvening at 9:30 PM.
Mayor Weatherill as requested by Councilman Morrison, Chair Street Committee, removed from the
agenda and referred back to the Street Committee for further review, Item 4a. Proposed Ordinance No.
1898 amending POMC 10.13.020 to prohibit parking of commercial vehicles in residential or mixed-use
zones.
Mayor Weatherill as requested by Councilman Morrison, Chair Street Committee, removed from the
agenda and referred back to the Street Committee for further review, Item 4.b. Review of parking of boats
and recreational vehicles in the public right of way.
City Planner Wenman advised Council that the 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, would be placed on the August 25th Council agenda.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council removed from consent
agenda the following items: "5a. Minutes of the July 28, 2003 regular City Council meeting" and "5e.
Request for confirmation of appointment of Timothy A. Drury and Robert Putaansuu to the Planning
Commission by Mayor Weatherill, both terms will expires December 31, 2006." and approved the following
consent agenda items:
August 11, 2003
Page 3 of4
b. Approval of Claim Warrants# 39591-39682 in the amount of $205,249.98 and July 2003
Payroll Warrants #137491-137568 and direct deposits in amount of $167,604.49.
c. Ordinance No. 1911 amending Ordinance No. 1653 by approving a revised site-specific
plan for property located at 1989 Bethel Avenue.
d. Authorization for Mayor Weatherill to sign PublicSafetyTesting.com subscriber agreement
for Entry-Level Police Officer testing.
f. Request for confirmation of appointment of Fred Olin to the Civil Service Commission,
term will expire December 31, 2006.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council made the following
corrections to the July 28, 2003 regular City Council minutes:
• Page 6, paragraph 10, to read as follows: "Council authorized the GHy-Engineer for
Karcher Creek Sewer District to proceed ... "
• Page 3, paragraph 7 and 8 to read as follows: "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 was approved with 7 ayes.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council concurred with the
immediate appointment of Timothy A. Drury to fill a vacant Planning Commission position, and the
appointment of Robert Putaansuu to the Planning Commission whose term will begin on January 1, 2004
to replace Rita Dilen no, both terms to expire on December 31, 2006.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council excused Councilman
Cramer from the September 8, 2003 City Council meeting.
Councilwoman Powers reminded committee members the next Public Property Committee meeting is
scheduled for Monday, August 18, 2003 at 6:00 PM.
Councilwoman Powers asked for Council's concurrence on hosting a Tourism Group meeting in
conjunction with the Chamber of Commerce on September 15, 2003, at 7:00AM. She asked that the
fees be waived on the use of the council chambers and conference room. The Mayor and Council
concurred with Councilwoman Powers and waived the fees for the use of the Council Chambers and
Conference Room.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council ratified the Police Clerks
Union Contract as negotiated from August 5, 2002 through September 30, 2003 to include all items of the
Port Orchard Police Clerks' Contract, including the pay scale, except for the language in paragraph 14.11
which relates to monies to be paid to an employee while they are unable to work and are entitled to
Workman's Compensation Benefits. This item has been left open for more review.
On motion by Councilman Morrison, seconded by Councilman Rider, Council authorized the Rotary Club of
South Kitsap to install a sign on City right of way along Blackjack Creek; the sign will advertise the sale of
bricks, which will help fund the development of a new park along Blackjack Creek.
Councilman Clauson reminded the Sewer Advisory Committee members of their meeting scheduled for
August 14, 2003, 7:30AM at City Hall.
August 11 , 2003
Page 4 of4
Councilman Clauson requested to place on the September 8, 2003 City Council meeting a public debate
relative to the pros and cons of the Passenger Only Ferry Service, which will be a ballot measure on the
November 2003 ballot.
Police Chief Townsend requested August 25, 2003, 6:30 PM at City Hall, as the next Public Safety
Committee meeting. Public Safety Committee members concurred with Police Chief Townsend on the date
and time.
City Engineer Curies requested a joint meeting with the Growth Management Committee and three
Bremerton City Council Members to discuss planning boundaries on August 18' 2003, at 4:30p.m. in Port
Orchard.
City Engineer Curies tentatively scheduled September 5, 2003 as the Ad Hoc Committee meeting with
Commissioner Jan Angel.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the City
Engineer to have a possible well site on Melcher Street appraised.
Councilman Clauson set August 18, 2003, 7:30 AM at J.A. Michaels as the next Water/Sewer Committee
Meeting.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the Mayor to sign
the contract with Parametrix (The Shea Group) for the construction administration of the Bay
StreeUFrederick Avenue Intersection Improvement Project.
At 10:00 PM Mayor Weatherill adjourned to Executive Session to discuss a personnel matter for 5 minutes
and extended the Executive Session for an additional 15 minutes.
At 10:20 PM Mayor Weatherill reconvened Council into regular session and adjourned meeting.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR