08/25/2003 - Regular - MinutesPort Orchard, Washington
August 25, 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, Powers, Rider, and Cramer. Staff present: Police Chief Townsend, City Planner Wenman,
City Engineer Curies, South Kitsap District No. 7 Representative Greg Rogers, City Attorney
Combs, Assistant City Attorney Jacoby, Deputy Clerk Merlino, and Interim City Clerk Etgen.
Police Chief Townsend 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.
Assistant Fire Chief Gary Faucett, representing Kitsap County Fire District #7, discussed the
Emergency Medical Services (EMS) Levy, which will be on the September 16, 2003 ballot.
Assistant Chief Faucett presented a fact sheet on the benefits for supporting the EMS Levy. The
Fact Sheet illustrates that this is not a new tax, just a continuation of the current levy. Assistant
Chief Faucett advised the District will receive $.50 per one thousand dollars of assessed valuation.
The funds provide Emergency Medical Programs for the paramedics, staff and equipment
maintenance. In conclusion, Assistant Fire Chief Faucett thanked the City for their continual
support. Mayor Weatherill and Council thanked Assistant Fire Chief Faucett for his presentation.
Paul Chasco, representing AWC Risk Management Service Agency, gave a brief background on the
creation of the AWC Risk Management Pool. In 1989, thirty-seven Washington cities joined
together to form their own insurance agency under the umbrella of AWC. As a result of this risk
management pool and the excellent record by all the cities, Mr. Chasco presented the City with a
check in the amount of $33,159.00 for excess premiums paid to the pool, for the closed out years
1989 through 1993. Mr. Chasco thanked the City for the continual support of the AWC Risk
Management Pool.
Assistant City Attorney Greg Jacoby requested Agenda Item 3c. be moved to the end of New
Business on the agenda, to allow Mr. and Mrs. Brady an opportunity to retrieve some additional
materials for tonight's presentation.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate an alley
located in Block 005 of S.M. Stevens, as submitted by Kitsap County.
Karen Ross, Project Manager for Kitsap County, asked for Council's support on vacating the
alleyway between Dwight Street and Division Street. Ms. Ross reported this is the first step in
securing the zone reclassification for the proposed Kitsap County Administration Building. Ms.
Ross stated the only issue, regarding the proposed Street Vacation that the County will need to
address is the relocation of the emergency containers. The City Engineer and Kitsap County will
work together to secure a new site for this container.
At this time, Mayor Weatherill asked for audience comments either for or against the Petition to
Vacate an alleyway as submitted by Kitsap County. As no comments were received, Mayor
Weatherill closed the public input portion of the Public Hearing and referred this matter to Council
for their consideration.
August 25, 2003
Page 2 of 9
Councilman Morrison moved to approve the Street Vacation, which is located between Dwight
Street and Division Street in Block 005 of S.M. Stevens, as submitted by Kitsap County,
seconded by Councilman Clauson.
Councilwoman Powers moved to amend the motion to include compensation of $36,000
received from the Street Vacation will be distributed with a 50/50 split between the Street Fund
and the Designated Unreserved Fund Balance for Parks, seconded by Councilman Geiger and
carried.
Council unanimously approved the original motion as amended to approve the Street Vacation,
between Dwight Street and Division Street in the Block 005 of S.M. Stevens, as submitted by
Kitsap County with the condition compensation received from the Street Vacation will be
redistributed with a 50/50 split between the Street Fund and the Designated Unreserved Fund
Balance for Parks.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a zone reclassification from
Residential to Community Facilities to allow for the construction of the proposed Kitsap County
Administration Building at 604 Dwight Street, as submitted by Kitsap County Department of
Administration Services.
City Attorney advised this is a Quasi-Judicial Hearing and asked if the City Council had any ex parte
contact with any individuals regarding this issue prior to this Public Hearing and if the City Council
had any reason why they could not render an impartial decision on this matter. The City Council
received no comments. City Attorney asked the audience if they see any reason why the City
Council cannot render an impartial decision. No comments were received from the audience.
Rob Wenman, City Planner presented the staff report and illustrated on the map the location of the
proposed rezone. The subject property is currently zoned RS Residential with a request from the
applicant for a Community Facilities designation which would allow for the redevelopment of the
subject property to construct a 75,000 s.f. County Administration building. The applicant, Kitsap
County, has also asked for the following considerations:
• Approval of a Site Specific Plan,
• Exemption from the provisions of the City's View Protection Ordinance, and
• Authorization to locate the storm filter system in the public right of way on Cline
Avenue, near Dwight Street.
City Planner Wenman advised the Planning Commission presented recommendations for approval
with the following amended conditions:
• The Site Plan shall ensure that there is no potential conflict between parked
vehicles extending over the width of the sidewalk, to provide for a full 5 feet of
useable pedestrian space.
• The Site Plan shall ensure that parked vehicles do not extend onto the required five
feet of useable pedestrian sidewalk space.
August 25, 2003
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• The specific requests for exemptions from the View Protection Ordinance No. 1785
be listed for City Council consideration.
Karen Ross, Project Manager for Kitsap County, commented Kitsap County has dedicated 1% of
their budget for art displays throughout the new complex to help ensure a public friendly facility.
At this time, Ms. Ross introduced the many engineers who have worked on this project.
Craig Curtis, representing Miller-Hull Partnership, LLC, discussed the general design concept of the
new facility. Mr. Curtis emphasized the difficult nature of the project, specifically due to the steep
slope of the site. Mr. Curtis outlined their three goals:
• Provide better workspace for the County employees;
• Create friendly public spaces within the building with easy access for visitors;
• Give something back to the community by developing public areas surrounding the
building.
Mr. Curtis presented a model of the proposed facility, which illustrates a two story building on
Division Street that matches the same dimensions as the current County building. The structure
then drops down two levels for more office space and parking.
Jack Johnson, landscape architect, presented and discussed the overview of the landscaping
design. Mr. Johnson advised the intent of the project is to link the downtown area with the County
campus. In lieu of sidewalks the project proposes the development of staircases from the
downtown area to the Courthouse facility. Other considerations for this project are:
• Achieving the best views of Sinclair Inlet;
• Designing the green roof concept, to allow for the harvesting of rainwater for
irrigation purposes;
• Utilizing draught resistant plants for a low maintenance design.
Tom Von Schrader, SVR Design Co., discussed the stormwater system, which uses five cisterns to
collect the stormwater, which in turn will be used for irrigation. Mr. Von Schrader advised the
County is asking that the collection of the stormwater be placed on city right-of-way.
Mr. Von Schrader also discussed the exemption to the City's View Protection Ordinance. Mr. Von
Schrader commented two privately owned lots, which are adjacent to the proposed County facility
have been studied and it has been determined that due to the terracing of the site, no views will
be adversely affected.
Mr. Von Schrader also commented the County has met all the requirements for an exemption to
the View Protection Ordinance, however the Planning Commission asked that the applicant be
more specific on the two requirements for the exemptions, which are:
• Building height requirements; and
• Exception to the 100' length rule.
August 25, 2003
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Karen Ross, Project Manager for Kitsap County, discussed parking issues. Ms. Ross advised there
will be approximately 20 spaces under this proposed building and an additional 32 spaces
surrounding the proposed facility. The County is also currently looking at purchasing adjacent sites
to provide for more parking. Ms. Ross informed the Council, the Master Plan, which will outline
the parking issues, is now being processed through the Planning Commission and then will be
presented to the Council for their consideration. Mr. Ross thanked the Council and audience for
allowing this presentation.
Mayor Weatherill asked for audience comments either for or against proposed zone reclassification
from Residential to Community Facilities to allow for the construction of the proposed Kitsap
County Administration Building at 604 Dwight Street.
Reid Muller, Ward Muller and Associates, questioned the displacement of 91 parking spaces and
asked for clarification.
Laura Van Dyke, Heffron Transportation, clarified the parking issue. Currently there are 91 parking
spaces located on the proposed administration building site. Approximately 111 parking spaces
are proposed to replace those parking stalls, which are as follows:
• 26 parking spaces on site with access through Dwight Street;
• 31 new on-street parking spaces adjacent to the new Administration Building;
• 5 parking spaces in a new parking lot north of the Public Works Building; and
• approximately 49 spaces in a new parking lot located south of Taylor Street and
east of Austin Avenue.
At this time, Mayor Weatherill asked for further audience comments either for or against the
proposed zone reclassification from Residential to Community Facilities to allow for the
construction of the proposed Kitsap County Administration Building at 604 Dwight Street. As no
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 Morrison, seconded by Councilman Wyatt, Council approved the zone
reclassification from Residential to Community Facility to allow for the construction of the proposed
Kitsap County Administration Building at 604 Dwight Street and adopted Planning Commission
Resolution No. 335-03 as their own with Findings and Conditions of Approval.
City Attorney Jacoby asked to continue 7:35 PM Public Hearing regarding a Petition to Vacate (1) a
portion of Wendell Avenue; and (2) a portion of Palmer Avenue, as submitted by Ralph and Gladys
Brady to the next City Council meeting, to allow for further review. Mayor Weatherill and Council
concurred with continuing the Public Hearing to September 8, 2003 at 7:35 PM.
At 8:45PM Mayor Weatherill called for a 10-minute recess with meeting reconvening at 8:55PM.
August 25, 2003
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Mayor Weatherill opened the 7:45 PM Public Hearing regarding an appeal of Staff Determination as
submitted by Robert I. Heller of Riddell Williams, P.S. on behalf of Cloise & Mike Construction, 914
Bay Street. The City has determined that the Cloise & Mike construction roofing business located
at 914 Bay Street is in violation of the city's zoning ordinance which disallows "construction and
trade" uses, such as a roofing business from the City's Commercial Zone.
City Attorney advised this is a Quasi-Judicial Hearing and asked if the City Council had any ex parte
contact with any individuals regarding this issue prior to this hearing and if the City Council has any
reason why they cannot render an impartial decision on this matter. The City Council received no
comments. City Attorney asked the audience if they see any reason why the City Council cannot
render an impartial decision. No comments were received from the audience.
Rob Wen man, City Planner, presented the staff report relative to an Appeal of Staff Determination.
City Planner Wenman gave a brief history of the site stating the site has a history of automotive
service, repair and/or sales going back to the 70's. The site was recently purchased by Cloise and
Mike Construction and is being utilized as a contractors' yard for a commercial roofing business.
The site is currently zoned Commercial-Retail office, with these activities permitted only within the
Employment-Industrial/Office zone. Planner Wenman outlined other violations within a
Commercial-Retail zone, such as:
• The business was found to not have manned hours of operation, no show room
floor display, or exhibits for retail, or any means for on-site sales, such as a cash
register, or office.
• The site is currently being utilized for parking of heavy commercial vehicles/trucks,
truck repair, and outdoor storage of construction materials.
• The heavy commercial vehicles/trucks are used to transport the roofing supplies
that are taken and used off site for roofing/construction.
• Employee vehicles are parked on-site during off-site working hours. Overflow of
both employee and company vehicles have been using the sidewalk for parking
during congested times.
• The business license states that the nature of the business is Construction -
General, which is not a permitted use within a Commercial-Retail zone.
• An occupancy permit has not been granted at this time.
Robert I. Heller of Riddell Williams, P.S., spoke on behalf of Claise & Mike Construction, offering
the following corrections for the records:
• The site located at 914 Bay Street is not storing heavy equipment; all heavy
equipment has been relocated to a different location outside the City limits.
• There is currently no outdoor storage on-site, or in the future, all building materials
are located inside the building.
Mr. Heller presented photographs that illustrate no building materials are located on-site and
indicated outdoor storage is located at a different site outside the City limits.
August 25, 2003
Page 6 of 9
Mr. Heller stressed Mike and Claise Construction should not be considered a construction yard. Mr.
Heller expressed a concern with the City using the wrong interpretation relative to the type of
business Mike and Claise Construction is operating. Mr. Heller presented excerpts from the OSHA
SIC categories that indicate land use codes, which are permitted uses at the appellant's zone
designation.
Mr. Heller advised currently there is a person located on the site full time. Claise and Mike
Construction meet customers and sell roofing materials on-site. The appellant has not made any
major investments to their site as they have been waiting for the zoning issues to be resolved.
The site will be improved to include office spaces and show room floor capabilities.
In conclusion, Mr. Heller asked what the City will require the appellant to accomplish to bring their
business within a permitted zone. Mr. Heller asked if the business cannot make the necessary
changes to be allowed to continue to operate at this location, then the appellant is asking that the
zoning ordinance be amended to allow this business within a permitted zone.
Carol Larson, former business owner at this location, requested Council to allow this business
remain on this site, as this is the only appropriate use for this building.
Fred Chang supported an amendment to the zoning code to allow this type of business.
Ron Rice, advised he does not know the employees or owners of the business, and offered a
suggestion that before the City places a Notice and Order for the Abatement of an Unsafe or
Unlawful Conditions on a business, the City should have cited the vehicles that were intruding on
city right-of-way. The City should be encouraging businesses, not putting restrictions on them.
David Hamrick commented that he hired Claise and Mike Construction to place a roof on the
dugouts at the City's leased ball fields and complimented them on a job well done.
Pauline Cornelius of Cornelius Construction, spoke in favor of allowing this business to remain on
the site, due to the convenient location. Ms. Cornelius also suggested the City consider amending
the zoning ordinance to allow this type of business.
Loren Combs, City Attorney, who identified himself as testifying as an office worker located in
Tacoma, Washington, concurred with the audience comments and suggested the Council consider
amending the zoning ordinance allowing the business to remain on this site. Mr. Combs also
requested the Council continue this Public Hearing to the next meeting allowing staff sufficient
time to draft a zoning ordinance amendment.
At this time, Mayor Weatherill asked for audience comments regarding an Appeal of Staff
Determination as submitted by Robert I. Heller Williams P .S. on behalf of Claise & Mike
Construction, 914 Bay Street. As no comments were received, Mayor Weatherill closed the public
input portion of the Public Hearing and referred this matter to Council for their consideration.
August 25, 2003
Page 7 of 9
On motion by Councilman Clauson, seconded by Councilman Morrison, Council continued Council
deliberation of the Public Hearing to September 8, 2003 at 7:40 PM for further review of the
zoning ordinance.
City Engineer Curies reported on bid opening held August 19, 2003 at 4:00 PM regarding the
Bay Street/Frederick Avenue Intersection Improvement Project. Four bids were received with
the required bid bond and acknowledgement to addendums 1 and 2 as follows:
Transtech Electric
NCA
Dennis Craig Construction
Looker and Associates
ENGINEER'S ESTIMATE
Bid Total
$128,586.15
$187,401.75
$197,637.85
$163,581.20
$112,519.05
On motion by Councilman Morrison, seconded by Councilman Clauson, Council accepted the
bidding and awarded the Bay Street/Frederick Avenue Intersection Improvement Project to the
lowest bidder, Transtech Electric in the amount of $128,586.15, subject to concurrence with the
Washington State Department of Transportation.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council adopted Resolution
No. 2040 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, with a correction to "Exhibit A -Conditions of Preliminary
Approval" #7 should refer to Lot 11 and strike any reference to Lot 7. Motion passed with 7 ayes.
Councilwoman Powers, Chair Public Property Committee, moved to allow the Port Orchard Friends
of the Library to purchase two small air conditioning units for the library building, with the
condition that installation and electrical modifications to the building will be the responsibility of the
Friends of the Library. The motion was seconded by Councilman Clauson and carried.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved the following
consent agenda items:
a. Minutes of the August 11, 2003 regular City Council meeting as corrected and
distributed.
b. Claim warrants numbered 39683-39720 in the amount of $37,545.66.
c. Authorization for Mayor Weatherill to sign renew lease for Municipal Court copier
and fax machine with Kelly Imaging Systems.
d. Mayor Weatherill's request for Council confirmation of appointments of Dr.
Dennis Christman, Councilman Wyatt and Councilman Rider to the Animal
Control Appeal Board.
e. Request for confirmation of Mayor Weatherill's recommendation for appointment
of representatives from the following organizations to serve on the Year 2004
Lodging Tax Advisory Committee:
* Kitsap Peninsula Visitor and Convention Bureau
*Port Orchard Chamber of Commerce
*Fathoms 0' Fun
August 25, 2003
Page 8 of 9
f. Resolution No. 2038 affirming an appeal of staff determination regarding
minimum lot size for the R4.5 zone and minimum lot dimensions for all zones.
g. Authorization for Mayor Weatherill to sign the South Kitsap School Resource
Officer Program.
City Engineer Curies updated Council on the Growth Management Committee meeting held
August 18, 2003 with Carol Arends, Will Maupin and Mike Short, representing the City of
Bremerton's Council. The purpose of the meeting was to discuss planning boundaries. City
Engineer Curies outlined the proposed boundaries. The area directly north of McCormick
Woods (ULID 6) would be included within Port Orchard's planning area. Bremerton has a major
production well at the base of Anderson Hill Road that would be retained under Bremerton's
ownership. The remaining Northwest Corporate Campus area would be best served and would
be most logical if it stays within the Port Orchard's planning area. The Gorst area is an area
that Bremerton sees as an area that can be best served by Bremerton. The area between Gorst
and ULID 6 would not be within either city's planning area and possibly serve as urban
separators.
City Engineer Curies requested Council's input on theses planning boundaries.
After some discussion, the City Council concurred and supported the City Engineer Curies on his
presentation of the Planning Boundaries.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council excused
Councilman Rider from the September 22, City Council meeting.
Councilwoman Powers, Chair Public Property Committee, reported on the Tripp property located
at 4940 Bethel Road. The City is currently annexing the property into the City for municipal
purposes. A doublewide mobile home is located on the property that is now empty and is need
of repairs. It is recommended by the Committee to make the mobile home habitable by
spending approximately $3,000 to $5,000 in repairs and then renting the mobile home. The
renter would be responsible for rent, utilities, and maintenance of the property.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the
City Engineer to make the mobile home habitable by spending approximately $3,000 to $5,000
in repairs with the condition when the mobile home is rented, with the renter responsible for
rent, utilities and maintenance of the property, the money received for the rent be reimbursed
to the fund which provided the repair money and excess money be tracked for the future
development of the property. Motion passed with 6 ayes and 1 nay. Councilman Wyatt voting
nay.
Councilman Geiger, Finance Committee Chair, set September 8, 2003, 7:30 AM at JA Michael's
as the date and time for the next Finance Committee meeting.
August 25, 2003
Page 9 of 9
Councilman Morrison, Street Committee Chair, set September 11, 2003, 7:30 AM at Myhre's as
the date and time for the next Street Committee meeting.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council excused
Councilman Wyatt from the September 22, 2003 City Council meeting.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the City
to contract with Kitsap County, Department of Community Development for a Building Inspector
in the amount of $35.00 per hour.
At 10:25 PM Mayor Weatherill adjourned Council into Executive Session to discuss personnel
issues and contract issues for 20 minutes and extended it an additional 2 minutes. \;::::;:;:•ned the meeting an;zi;::e meeting.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR