04/14/2003 - Regular - MinutesPort Orchard, Washington
April 14, 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: City Planner Wenman, Police Chief Townsend, City Attorney Amann,
Deputy Clerk Merlino, and City Clerk Parks.
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.
Mark Kuhlman, land developer, expressed concern with adoption of Ordinance No. 1895 regarding retention
of significant trees. Mr. Kuhlman asked the Council to consider the following questions:
• Does the City consider an alder tree a significant tree?
• Should a cap be placed on the maximum number of significant trees per acre site?
Mayor Weatherill and Council thanked Mr. Kuhlman for his comments.
Julie Graves, Housing Development Director for Kitsap County Consolidated Housing Authority, presented
an update on the Mitchell Avenue Senior Apartments located at 900 Mitchell Avenue. Ms. Graves stated
the construction on Phase 1, of the project, is slated to commence mid May 2003 with completion
anticipated May 2004 and tenants moving in June 1, 2004. Ms. Graves further advised the Housing
Authority would like to construct a second building {Phase 2) on the property south of 900 Mitchell Avenue,
at some point in the future. In anticipation of this, the civil engineer for the project has designed a storm
water quantity and quality control system that is large enough to accommodate both buildings. However, as
designed, the system will be located on the Phase 2 site. Also, as designed, the sanitary sewer line will
cross the Phase 2 site; it will be located underneath the required fire lane. Before construction commences,
the Housing Authority would like to obtain an easement from the City for this underground storm water
control system and sanitary sewer line. In addition, the Housing Authority would like to obtain permission
from the City to allow the contractor to mobilize on the Phase 2 site. This would include placing a job trailer
on the site, parking for sub-contractors and construction staff, and storing construction materials.
Mayor Weatherill and Council thanked Ms. Graves for her update and placed these two requests into the
Water/Sewer Committee for review and recommendation at the next Council meeting.
Dr. Scott Lindquist, Director Kitsap Health District and Scott Daniels, Deputy Director, discussed the
relocation of the Health District offices to Bremerton's Governance Center. In addition to the updated
information Dr. Lindquist and Mr. Daniels asked for additional funding for the Health District. Currently the
City contributes $7,013 annually to the Health District budget. The Health District is asking for an additional
amount of approximately $961 in 2004 and an additional amount of $1 ,922 annually over the remaining 30-
year debt seNice period. Because these are estimated figures, the Health District is requesting the funding
be approved for a figure not to exceed the costs estimated above. These debt service contributions would
need to be included in the City's budget beginning in 2004.
Mayor Weatherill and Council thanked Dr. Lindquist and Mr. Daniels for their update.
Mayor Weatherill reopened the continued 7:35 PM 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. {Continued from March 25, 2002; May 28, 2002; August 26, 2002 and November 25, 2002 City
Council Meetings)
City Planner Wenman presented an update on the proposed Application for Preliminary Plat. Planner
Wenman advised a cursory review of the resubmitted package illustrates there are several issues that are
not fully addressed or resolved, which include, but are not limited to:
• CAO standards for steep slope setback buffers;
• Roadway designs;
• Pedestrian access;
• Storm pond design/location;
• Lot design/access.
April 14, 2003
Page 2 of 4
City Planner Wenman asked for additional time to review the application and to allow applicant additional
time to address the pending issues.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council continued the Public Hearing
to July 28, 2003 at 7:35 PM regarding the proposed Application for a Preliminary Plat as submitted by
Richard and Karen Berg for property located at 215 Wilkins Drive, with the following condition the developer
must have the necessary information to the planning staff by June 30, 2003 and if a completed application is
not presented to the City Council on July 28, 2003 the Preliminary Plat Application will be denied.
City Clerk Parks reported on the Call for Bids held April 10, 2003 at 4:00 PM regarding the demolition of
1163 Beach Drive. Twelve bids were received with the required bid bonds and addendum acknowledged as
follows:
Rivers Edge Services
3 Kings Environmental
R & J Landscape & Construction
A & J Development
Caseco Associates
R. L. Clearing & Excavating
Sound Construction
Global Diving & Salvage
Anderson Environmental
Sound Excavation
J. Harper contractor
Vision Builders, Inc.
Engineer's Estimate
$10,433.89
$11,305.00
$12,500.00
$13,593.00
$13,985.00
$14,414.20
$16,120.00
$16,500.00
$17,556.00
$17,726.10
$25,427.00
$27,213.54
$24,000.00
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council accepted the bidding for
the demolition of 1163 Beach Drive and awarded the contract to the lowest bidder Rivers Edge Services in
the amount of $10,433.89.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 2012
approving the Final Plat of Flowers Meadows, Division 2.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the new City
Clerk/Assistant to the Mayor job description as presented, with the correction to first page, second
paragraph under Major Function and Purpose to read as follows:
The City Clerk/Asst. to the Mayor shall serve as chief of staff, implement the
Mayor's directives by coordinating the other city departments and working towards
the objective, and represent the City with other agencies.
Motion passed with 7 ayes.
At 8:35 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:45 PM.
Councilman Morrison moved to approve Ordinance No. 1898 amending Chapter 1 0.13 of the Port Orchard
Municipal Code regarding parking of commercial vehicles in residential and mixed use zones, seconded by
Councilman Wyatt.
April 14, 2003
Page 3 of4
Councilman Rider recommended changing the one-hour limit for parking of commercial vehicles in
residential or mixed-use zone to 24 hours.
Councilwoman Powers also recommended an exemption for school, church, and/or tour buses.
After considerable discussion concerning proposed Ordinance No. 1898, Councilman Morrison and
Councilman Wyatt withdrew motion to approve.
Mayor Weatherill placed proposed Ordinance No. 1898 back into the Street Committee for further review.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council approved the consent
agenda items as follows:
a. Minutes of the March 24, 2003 regular City Council meeting.
b. Approval of Claim Warrants #38855-38979 in amount of $306,689.76 and March 2003 Payroll
Warrants # 137204 -137277 and direct deposits in amount of $289,966.95.
c. Request by Police Chief to dispose of the following items and dispose of them in the best interest
of the City. Attachment "A"
d. Ordinance No. 1897 amending POMC 13.04 to amend regulations providing for the control,
management, maintenance and use of public and private water and sewer systems and providing
rates for connection and use of such systems.
e. Resolution No. 2013 designating Code Enforcement responsibilities.
Mayor Weatherill asked the Council to review the Countywide Planning Policies concerning the three Urban
Separator options and be prepared to make a recommendation at the next Council meeting. Mayor
Weatherill will present the City Council's recommendation at the KRCC Public Hearing on May 6, 2003.
The three Urban Separator Options are as follows:
• Delete Urban Separator concept
• Maintain current language with Urban Separators as mandatory
• Urban Separator designation optional
See Attachment "8" for complete option language.
Mayor Weatherill also asked the Council to review SBH 2060, which would create a new source of funding
for low income housing. The local share can be available to the county and cities that want to participate,
participation by cities is optional. An inter-local agreement can be considered by interested jurisdictions.
Mayor Weatherill asked Council members to review SBH 2060 and requested a recommendation be
presented at the next council meeting, indicating if the city should participate in an inter-local agreement.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Public Event
Application for the Annual Collector Car Auction, to be located at the Kitsap Bank Parking lot adjacent to
Bank Street from 7:00AM to 5:00PM, Sunday, August 10, 2003 with conditions as recommended by
departmental staff. This event is a subsidiary event of the 2003 Cruz Car Show event.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Public Event
Application for the Farmers Market 2003, located on the waterfront parking lot #4 from 6:00am-4:00 pm
each Saturday April 26, 2003 -October 25, 2003 (except those Saturdays which parking lot #4 may be
approved for Fathoms 0' Fun Carnival) with conditions as recommended by departmental staff.
April14, 2003
Page 4 of 4
Councilman Morrison directed staff to place on the April 28, 2003 City Council Agenda two draft ordinances
(1) regarding parking of boats and recreational vehicles on private property in residential and mixed use
zones and (2) time restrictions for the parking of boats and recreational vehicles in the public right-of-way.
Mayor Weatherill reported on the Ad Hoc Committee meeting with Commissioner Jan Angel. Mayor
Weatherill commented the proposed WSDOT reduction of the Southworth ferry service could seriously hurt
Southworth Commuters and will continue to widen the level of service gap between Southworth and Vashon
Island. Commissioner Angel has urged all elected official to attend a Washington State Ferry System Forum
on May 13, 2003, 6:30 PM located at Sedgwick Junior High School.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the residence at
2246 Sidney Avenue to connect to Orchard on the Green Apartments sewer system, contingent upon
approval by the apartment owner.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the City
Engineer to contact Oliver Hanley's attorney and present an offer to purchase property located at 1169
Beach Drive for the purpose of establishing a future pump station for the wastewater treatment facility.
The City Council Committees set the following Committee meetings:
• Growth Management Committee April 24, 2003 7:30 AM
Public Property Committee May 1, 2003 5:30 PM
• Street Committee April17, 2003 7:30AM
• Water/Sewer Committee April25, 2003 7:30AM
P.O. Library Tentative date and time
Myhre's
JA Michael's
On motion by Councilwoman Powers, seconded by Councilman Cramer, Council declared nine bicycles
from the Police Department as surplus and authorized Police Chief Townsend to dispose of these bicycles
in the best interest of the City. Attachment "C"
Mayor Weatherill and the City Council congratulated Police Chief Townsend and the community for
providing the City with the first Police Boat with minimum expense to the city budget. Police Chief
Townsend thanked the community for providing approximately $5,000 to $8,000 in community support for
this proj~ct.
c:::=:;:Councilmreting~-----· -------
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
April 14, 2003 City Council
Attachment "A'
It is requested that the items listed be declared as surplus:
PROPERTY#
17119
17120
17121
17122
17123
17124
17125
18206
17138
18326
Alan L. Townsend
Chief of Police
DESCRIPTION
22 rifle/464717
12 gauge/178877
rifle/151253
22 rifle/25280362
rifle/3009
rifle/904934
crossbow/no ser #
Taurus/L52278 Case No. 02-3089
Pardner/NH252293 Case No. 02-522
Brevetto/314375 Case No. 02-3362
City of Port Orchard
546 Bay Street
Port Orchard, WA 98366
(360) 876-1700
April 14, 2003 City Council
Attachment "B"
e. The Kitsap Regional Coordinating Council shall develop criteria for establishing and
expanding Urban Growth Areas consistent with the Growth Management Act.
Option A
f. The County and the Cities shall evaluate tr.ends, through the Buildable Lands analysis, for
residential, commercial, and industrial development patterns to evaluate the regional supply.
g. The Buildable Lands analysis shall be coordinated with the County's watershed planning
efforts.
2. The following countywide policies are related to the process and criteria for establishing,
expanding, and amending Urban Gro\vth Areas in Kitsap County:
6
a. Urban growth shall be encouraged within Urban Growth Areas and no! permitted outside o(an
adopted Urban Growth Area except under specific circumstances, as (ullv contained
communities and master planned resorts as authorized bv the Grovvth lv!anagement Act.
i. uture
ii.
iii.
c. All Cities shall be within a designated Urban Growth Area. Urban Grovvth Areas may include
areas not contained within an incorporated city
d. All Urban Growth Areas shall be reflected in County and respective City comprehensive plans.
e. AnneJcations and incorporation shall not occur outside established Urban Grov.th i\reas, but
may be anticipated vfithir:. them, according to the provisions of adopted armexation
Agreements.
f. Sufficient area must be included in the Urban Growth Areas to accommodate a minimum 20-
year population forecast.
g. Shoreline development shall meet the requirements of the applicable shoreline master program.
h. Sub area Planning associated with all or part of designated Joint Planning Areas shall be
completed by the County and the respective City prior to amending the Urban Growth Area
designation.
c. Areas desigr.ated for urban gro'>vth should be determined by the existing development patterns.
residential densities, ar:d the ability of the appropriate service provider to provide a full range
of urban services.
A do pled by Kilsap Coun~v Ordinance #2 58-0 I: 8/10/200 I
Proposed revisions March 2 7. 2003
April 14, 2003 City Council
Attachment "B"
e. The Kitsap Regional Coordinating Council shall develop criteria for establishing and
expanding Urban Growth Areas consistent with the Growth Management Act.
Option B
f. The County and the Cities shall evaluate trends, through the Buildable Lands analysis, for
residential, commercial, and industrial development patterns to evaluate the regional supply.
g. The Buildable Lands analysis shall be coordinated with the County's watershed planning
efforts.
2. The following countywide policies are related to the process and criteria for establishing,
expanding, and amending Urban Growth Areas in Kitsap County:
a. Urban growth shall be encouraged within Urban Growth Areas and not permitted outside of
an adopted Urban Growth Area except under specific circumstances, as fully contained
communities and master planned resorts as authorized bv the Growth Management Act.
b. In order to retain distinct urban identities over a 50 vear perspective, urban separators shall be
. desivnated for Metropolitan Centers (see Element B) and mav be designated for other Centers
or Rural Communities (see Element Q:
i. Expansion of Urban Growth Areas are anticipated to extend to the separator at some
future time but not to encroach into it.
ii. A permanent network ofopen space (see Element D-Jc>. critical areas such as wetlands,
drainage basins, or steep terrain, and other natural features such as shorelines, are
effective separators.
iii. The specific location and extent of a separator shall be collaborative tv deflned bv the
County and the affected Cities.
iv. Separators shall be designated by Kitsap County in the County Comprehensive Plan, and
referenced in Urban Growth Area Management Agreements.
b. All Cities shall be within a designated Urban Growth Area. Urban Growth Areas may
include areas not contained within an incorporated city
c. All Urban Growth Areas shall be reflected in County and respective City comprehensive
plans.
d. p..,...~,neJCations and incorporation shall not occur outside established Urban Gro'.vth Areas, but
may be anticipated ',Nithin them, according to the provisions of adopted anneKation
Agreements.
e. Sufficient area must be included in the Urban Growth Areas to accommodate a minimum
20-year population forecast.
f Shoreline development shall meet the requirements of the applicable shoreline master
program.
April 14, 2003
Attachment "B"
e. The Kitsap Regional Coordinating Council shall develop criteria for establishing and I · .
expanding Urban Growth Areas consistent with the Growth Management Act. . OptiOn C
f. The County and the Cities shall evaluate trends, through the Buildable Lands analysis, for
residential, commercial, and industrial development patterns to evaluate the regional supply.
g. The Buildable Lands analysis shall be coordinated with the County's watershed planning
efforts.
2. The following countywide policies are related to the process and criteria for establishing,
expanding, and amending Urban Growth Areas in Kitsap County:
a. Urban growth shall be encouraged within Urban Growth Areas and not permitted outside of
an adopted Urban Growth Area except under specific circumstances, as fully contained
communities and master planned resorts as authorized bv the Growth Management Act.
b. In order to retain distinct urban identities over a 50 vear perspective, urban separators shall be
designated:
i. Expansion of Urban Growth Areas are anticipated to extend to the separator at some future time
but not to encroach into it.
ii. A permanent network ofopen space (see Element D-Jc). critical areas such as wetlands,
drainage basins, or steep terrain, and other natural features such as shorelines, are effective
separators.
iii. The specific location and extent of a separator shall be collaboratively defined by the County and
the affected Cities.
iv. Separators shall be designated by Kitsap County in the County Comprehensive Plan, and
referenced in Urban Growth Area Management Agreements.
c. All Cities shall be within a designated Urban Growth Area. Urban Growth Areas may
include areas not contained within an incorporated city
d. All Urban Growth Areas shall be reflected in County and respective City comprehensive
plans.
e. Annexations and incorporation shall not occur oHtside established Urban Gro'>vth Areas, but
may be anticipated within them, according to the provisions of adopted annexation
Agreements.
f. Sufficient area must be included in the Urban Growth Areas to accommodate a minimum
20-year population forecast.
g. Shoreline development shall meet the requirements of the applicable shoreline master
program.
h. Sub area Planning associated with all or part of designated Joint Planning Areas shall be
completed by the County and the respective City prior to amending the Urban Growth Area
designation.
From: Alan Townsend
Sent: Monday, April 07, 2003 9:08AM
To: Michelle Merlino
Subject: FW: Bikes declared surplused at the April 14, 2003 City Council Meeting
ATTACHMENT "C"
18038 02-02794 10 SPD FOUND 10/22/2002 JAMES
SER#
BB01J114
991
18202 02-03068 ROADMA FOUND 11/21/2002 JAMES
STER 18"
SADJH07
119
18339 02-03378 FREE FOUND 12/20/2002 PATTERS
SPIRIT ON
#809MA2
1788
18360 03-EQUATO FOUND 1/2/2003 MARTIN
000012 R20"
#01TD133
0934
18361 03-VOLTAGE FOUND 1/2/2003 MARTIN
000012 20"
#01T0368
311
18362 03-MAGNA FOUND 1/2/2003 MARTIN
000012 20"
#02TD902
8290
18366 03-031 RHINO FOUND 1/5/2003 MYERS
MOUNT AI
N BIKE
18394 03-0112 20"YELIB FOUND 1/14/2003 PATTERS
LK ON
SER#OO
TD911571
18404 03-0209 FREE FOUND 1/25/2003 JAMES
SPIRIT
MTN
14548905
0822