04/28/2003 - Regular - MinutesPort Orchard, Washington
April 28, 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, Morrison, Geiger, Powers, Rider, and
Cramer. Councilman Wyatt excused, page one, paragraph 3. Staff present: Police Chief Townsend, City
Treasurer Tompkins, City Planner Wenman, Code Enforcement Officer Woodside, City Engineer Curies,
City Attorney Amann, Deputy Clerk Merlino, and City Clerk Parks.
Councilman Clauson led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council excused Councilman
Wyatt from this Council meeting.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Laura Early, 126 Rockwell Avenue, requested to speak regarding the proposed ordinance, which would limit
parking of recreational vehicles on residential property. She understood this matter is on the agenda but she
cannot stay due to family illness. Mrs. Early stated they own one parcel that is intersected by Coles Lane;
they park their recreational vehicle on the portion of their parcel across Coles Lane from their residence. Mrs.
Early expressed concern that they will be in violation of the proposed ordinance. Mayor Weatherill accepted
Mrs. Early's input and stated her situation would be addressed later during discussion on the proposed
ordinance.
Lloyd Wick, 2431 Anderson Avenue, questioned impact of proposed limitations on how many recreational
vehicles may be parked in a residential or mixed-use zone.
Melode' Sapp, 931 Kitsap Street, addressed Council concerning a recent article in the Port Orchard
Independent regarding a community action plan for tourism development. Mrs. Sapp clarified statements she
felt were misrepresented in the article and did not accurately portray the dynamics of the community action
plan meeting. ·
Councilman Geiger presented Finance Committee report regarding refinancing the City Hall USDA Loan.
Due to the current low interest rates the Committee heard two underwriter proposals from Dave Trageser,
Bane of America Securities and Jim Nelson, Martin Nelson & Co. After reviewing the proposals the Finance
Committee is recommending acceptance of Bane of America Securities proposal and invited Dave Tregeser
to address the full council regarding the refinance of City Hall Loan.
Dave Trageser representing Bane of America Securities, LLC reported on their proposal to refinance the City
Hall loan, outlining the scope of services and tentative financing schedule. He asked Council to set their
savings goal. Mayor Weatherill requested the Finance Committee to bring back to the next council meeting a
recommendation for a savings goal and the amount to be refinanced.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council agreed to expedite the City
Hall Refinance by authorizing the Bane of America Securities LLC to proceed with refinancing bonds for the
City Hall loan; and to endorse the schedule and process that has been outlined by Dave Trageser, Bane of
America Securities LLC.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a proposed Shoreline Substantial
Development Permit Application, JARPA 139-02 to allow for portions of the proposed expansion of the Port
Orchard Joint Wastewater Treatment Facility within the shoreline environment. City of Port Orchard,
applicant. Location of project is 1165 Beach Drive East.
City Attorney Amann advised this is a quasi-judicial hearing and asked the following questions to the council
members and audience:
• Has any council member had any direct or indirect monetary interest in the outcome of the
proceedings? All council members responded no.
• Does any council member have any prejudgment of the issue prior to hearing the facts on the
record? All council members responded no.
April 28, 2003
Page 2 of 8
• Has any council member had any ex parte contact with any individual, excluding administrative staff,
with regards to an issue prior to the hearing? All council members responded no.
• Does anyone from the audience have any reason to believe a council member has any conflict of
interest in this matter? No response was received from the audience.
City Planner Wenman presented the staff report stating the expansion of the Port Orchard Joint Wastewater
Facility will provide structural improvements throughout the site and will provide for the ability to process and
treat wastewater flows to meet the demands of growth in the South Kitsap area. Planner Wenman presented
the conditions of approval as outlined in the staff report dated April 16, 2003.
City Engineer Curies described the design and expansion process in detail and availed himself to answer
questions from the council and audience.
Rick Pezzner asked if the expansion has overflow protection and how much will the project cost? City
Engineer Curies advised the expansion does have overflow protection and the approximate cost is $16
million dollars.
Dennis Perkins asked what the water flow capacity is today compared to the proposed expansion.
City Engineer responded that at this time the treatment plant processes approximate 2.8 million gallons of
water per day and the proposed expansion will allow a daily flow of approximately 4.2 million gallons of water.
Mayor Weatherill called for further audience comments concerning the proposed Shoreline Substantial
Development Permit Application, JARPA 139-02 to allow for portions of the proposed expansion of the Port
Orchard Joint Wastewater Treatment Facility within the shoreline environment, as submitted by the City of
Port Orchard. 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 Councilwoman Powers, Council approved the Shoreline
Substantial Development Permit to allow for portions of the proposed expansion of the Port Orchard Joint
Wastewater Facility to be within the shoreline environment with the following 3 conditions:
1. All project proposals are subject to the conditions of approval for all required permits,
unless modified herein.
2. The requirements of Fire District 7 shall be met, as listed in the memorandum dated
April 2, 2003.
3. Prior to construction, the City shall address the following:
a) Landscape Plan, consistent with the landscaping standards of the City's Zoning
Ord. 17 41, to address appropriate landscape mitigation between the Treatment
Plant site and the neighboring Veteran's Home.
b) Stormwater Drainage Plan, consistent with the City's Stormwater Ord. 1736, to
address increased runoff from the site expansion.
c) Right-of-way permit from Kitsap County for necessary improvements located
within the county right-of-way.
d) Building elevation plans.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding the approval of a Shoreline Substantial
Development Permit Application, JARPA 137-02 to relocate Dock "A" from the SW corner of the Sinclair
Inlet Marina to the NE corner of the Sinclair Inlet Marina and to add approximately 900 sf of widened dock
area for wave abatement. Pete and Kathleen Tiernan, applicants. The project is located at 501 Bay
Street. The development site is located at the NE corner of the existing Sinclair Inlet Marina.
City Attorney Amann advised this is a quasi-judicial hearing and asked the following questions to the council
members and audience:
• Has any council member had any direct or indirect monetary interest in the outcome of the
proceedings? All council members responded no.
April 28, 2003
Page 3 of 8
• Does any council member have any prejudgment of the issue prior to hearing the facts on the
record? All council members responded no.
• Has any council member had any ex parte contact with any individual, excluding administrative staff,
with regards to an issue prior to the hearing? Councilman Morrison indicated he knows the
applicants, but has not had any contact with them on this application or proposed project.
• Does anyone from the audience have any reason to believe a council member has any conflict of
interest in this matter? No response was received from the audience.
Rob Wenman outlined staff report dated April 18, 2003 and discussed the five staff recommendations for
conditions of approval.
Phyllis Tiernan spoke in favor of the proposed Shoreline Substantial Development Permit Application and
stressed the need for the relocation of Dock "A", due to location at low tide.
Mayor Weatherill called for further audience comments concerning the proposed Shoreline Substantial
Development Permit Application, JARPA 137-02 to relocate Dock "N' from the SW corner of the Sinclair Inlet
Marina to the NE corner of the Sinclair Inlet Marina and to add approximately 900 sf of widened dock area for
wave abatement, Pete and Kathleen Tiernan, applicants. 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 adopted Resolution No.
2016 approving the relocation of Dock "A" from the SW corner of the Sinclair Inlet Marina to the NE corner
of the Sinclair Inlet Marina and to add approximately 900 sf of widened dock area for wave abatement,
with 5 conditions of approval as follows:
1. Work shall be accomplished per plans and specifications entitled, Relocate Dock "A"
from SW Corner of Marina toNE Corner of the Marina, figures 1-4 dated January 17,
2002. All proposals as approved, are considered conditions of approval, unless
otherwise stated or as modified with required approvals.
2. Prior to commencement of work, a building permit for this project shall have been
issued from the City of Port Orchard.
3. All work shall comply with the Department of Fish and Wildlife within the Hydraulic
Project approval dated May 13, 2002.
4. All work shall comply with the Army Corps of Engineers requirements as stated in the
approval letter dated February 25, 2003.
5. Approval from Department of Ecology shall be required prior to any work ..
Mayor Weatherill opened the 7:35 PM Public Hearing regarding the proposed Shoreline Substantial
Development Permit Application, JARPA 145-03 regarding expansion of the Port Orchard Marina Guest
Float, as submitted by the Port of Bremerton. The project site is located at the north end of the "guest
floats" at the Port of Bremerton's Port Orchard Marina in downtown Port Orchard.
City Attorney Amann advised this is a quasi-judicial hearing and asked the following questions to the council
members and audience:
• Has any council member had any direct or indirect monetary interest in the outcome of the
proceedings? All council members responded no.
• Does any council member have any prejudgment of the issue prior to hearing the facts on the
record? All council members responded no.
• Has any council member had any ex parte contact with any individual, excluding administrative staff,
with regards to an issue prior to the hearing? Councilman Morrison indicated in knows the Port of
Bremerton staff, however has not had any contact with them on this application or proposed project
April 28, 2003
Page 4 of 8
• Does anyone from the audience have any reason to believe a council member has any conflict of
interest in this matter? No response was received from the audience.
City Planner Wenman gave the staff report on the proposal to expand the Port of Bremerton Guest Float
and presented the four staff recommendations for conditions of approval.
Steve Toms, Port of Bremerton Harbormaster, presented in detail the proposed plans for the expansion of
the Guest Float.
Mayor Weatherill called for audience comments for or against the proposed Shoreline Substantial
Development Permit Application, JARPA 145-03 to expand the Port Orchard Marina Guest Float, as
submitted by the Port of Bremerton. 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 Clauson, Council approving the Shoreline
Substantial Development Permit JARPA 145-03 by adopting Resolution No. 2017 to expand the Port
Orchard Marina Guest Float, as submitted by the Port of Bremerton with four conditions of approval as
follows:
1. Prior to commencement of work, a building permit for this project shall have been
issued from the City of Port Orchard;
2. All work shall comply with the Department of Fish and Wildlife within the
Hydraulic Project approval dated January 16, 2003;
3. The recommended set of "minimizing measures" as outlined in the Biological
Evaluation shall be met as follows:
a) The project will be done when juvenile salmon will not be present;
b) The project will take place away from nearshore habitat in water depths of
at least -23 MLLW;
c) Skirting will not be constructed around the float to minimize potential
shading effects;
d) A vibratory hammer will be used to drive the steel piling; and
e) Best Management Practices (BMPs) will be employed to reduce the
potential for construction related activities to affect aquatic species and their
habitat.
4. Approval from Department of Ecology shall be required prior to any work.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding Woody Hooser Appeal to Code
Enforcement Notice of Abatement of sign located in the 800 block of Bay Street. Tax Parcel No. 4053-
012-006-0007.
City Attorney Amann advised this is a quasi-judicial hearing and asked the following questions to the council
members and audience present:
• Has any council member had any direct or indirect monetary interest in the outcome of the
proceedings? All council members responded no.
• Does any council member have any prejudgment of the issue prior to hearing the facts on the
record? All council members responded no.
• Has any council member had any ex parte contact with any individual, excluding administrative staff,
with regards to an issue prior to the hearing? All council members responded no.
• Does anyone from the audience have any reason to believe a council member has any conflict of
interest in this matter? No response was received from the audience.
April 28, 2003
Page 5 of 8
City Planner Wenman presented the staff findings regarding the abatement of sign located in the 800
block of Bay Street as follows:
• The billboard sign has lost any rights it may have had as a "nonconforming sign" status due to the
reconstruction of over 80% of the sign being structurally altered.
• A permit has never been obtained for the reconstruction/construction of the sign/billboard
• The sign does not meet the location restrictions for billboards.
• The sign/billboard does not have or has ever had a billboard license
• The owner does not have nor has ever had a business license.
Based upon these findings the staff has determined the sign/billboard does not have nonconforming
status and must be removed.
Woody Hooser addressed Council giving a brief history of the sign/billboard, acknowledging he has tried
to maintain the structure throughout the years. Mr. Hooser also stated he believes the sign helps beautify
the downtown area, as well as directing prospective customers to downtown merchants.
Rick Pezzner, property manager for Woody Hooser, advised the sign has been well maintained, and
further advised he has been helping Mr. Hooser solicited merchants to place their advertisements on the
sign/billboard. Mr. Pezzner asked that the sign be allowed to remain in the same location and be
recognized as a continuing legal nonconforming sign, since the structure has been located at the same
location for many years.
Roberta Hrycej also reinforced Mr. Pezzner and Mr. Hooser's comments by stating the sign has been
maintained properly.
At this time, Mayor Weatherill called for further audience comments concerning appeal to Code
Enforcement Notice of Abatement of sign located in the 800 block of Bay Street. 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 discussed input presented by the appellant and his representatives and city staff.
Discussion included, but was not limited to:
• Sign/billboard does not conform to current sign code requirements.
• Whether appellant had sufficiently demonstrated that the sign/billboard was in full
compliance with all codes and regulations of the City at the time the sign code was adopted.
• No permits have ever been obtained from the City or the Department of Transportation.
• Sign/billboard was structurally altered and over 80% replaced.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council upheld the decision of
the Code Enforcement's Notice and Order for the Abatement of sign located in the 800 block of Bay
Street and ordered the sign to be removed. Tax Parcel No. 4053-012-006-0007 Motion passed with 5
ayes and 1 nay. Councilman Cramer voting nay.
At 9:25 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:35 PM.
Councilman Morrison moved to approve Ordinance No. 1898 amending Port Orchard Municipal Code
10.13.020 to prohibit parking of commercial vehicles in residential or mixed use zones, seconded by
Councilman Geiger. Councilman Rider stepped down from council table and left the room, due to a
conflict of interest.
After much discussion, Councilman Geiger, seconded by Councilman Clauson tabled for further review
proposed Ordinance No. 1898 amending Port Orchard Municipal Code 10.13.020 to prohibit parking of
commercial vehicles in residential or mixed-use zones.
April 28, 2003
Page 6 of 8
Councilman Morrison moved to approve Ordinance No. 1899 regarding the pa~king of boats and
recreational vehicles and adding a new chapter 10.18 to the Port Orchard Municipal Code, seconded by
Councilman Geiger.
Martin Diienno, 1003 Hull Avenue, expressed a concern with proposed Ordinance No. 1899 and
suggested this ordinance should also apply to other non-recreational personal vehicles; otherwise he
feels it is being very discriminatory.
Richard Ness asked for a variance from proposed Ordinance No. 1899, allowing him to place his
recreational vehicle on his side street, which is wide enough to accommodate his RV. City Engineer
Curies advised if this ordinance is approved as presented variance application forms and procedures will
be developed to consider variances.
Rita Diienno, 1003 Hull Avenue, spoke in opposition to proposed Ordinance No. 1899 specifically in
regards to the city enforcing rules on private property.
Cathy Michael, 228 Seattle Avenue, expressed a concern with the proposed ordinance being vague and
also reiterated the same concerns as Mrs. Diienno concerning the city's ability to enforce rules on private
property.
Bret Ness spoke in opposition to proposed Ordinance No. 1899 stating the City should not be concerned
with how many recreational vehicles residents have on their own property, this should be a concern of the
property owners and not the City.
Marvin Rowan also expressed a concern with the proposed ordinance, stating if this proposed ordinance
goes into effect he will be in non-conformance with the ordinance and will be forced to sell his recreational
vehicle.
City Engineer Curies addressed concerns presented by Laura Early and Lloyd Wick at the beginning of
tonight's meeting. The proposed ordinance does not clarify what happens if a residential lot is bisected
by a street or alleyway. The process to request an exemption from the limitations would need to be
developed if the ordinance is adopted.
On motion by Councilman Geiger, seconded by Councilman Rider, Council tabled for further review
proposed Ordinance No. 1899 regarding the parking of boats and recreational vehicles and adding a new
chapter 10.18 to the Port Orchard Municipal Code.
Mayor Weatherill referred to the Kitsap County Consolidated Housing Authority's request to mobilize on
phase 2 site (920 Mitchell Avenue) during construction and place storm water and sanitary sewer lines on
city property south of the phase 1 construction site during construction of the Mitchell Avenue Senior
Apartments, located at 900 Mitchell Avenue. Council concurred the Kitsap County Consolidated Housing
Authority could mobilize on the phase 2 site (920 Mitchell Avenue) during construction of phase 1.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City
Engineer to recommend the Kitsap County Consolidated Housing Authority place an Earnest Money
Agreement on the phase 2 site (920 Mitchell Avenue) of the Mitchell Avenue Senior Apartments located
at 900 Mitchell Avenue, to secure their intent on purchasing the phase 2 project site (920 Mitchell
Avenue).
Mayor Weatherill asked for Council's direction regarding the Countywide Planning Policies concerning the
proposed three Urban Separator options. The three Urban Separator Options are as follows:
• Delete Urban Separator concept
• Maintain current language with Urban Separators as mandatory
• Urban Separator designation optional
April 28, 2003
Page 7 of 8
The City Council unanimously concurred with the option to delete the Urban Separator Concepts and
directed the Mayor to make the recommendation at the KRCC Public Hearing on May 6, 2003.
Mayor Weatherill also asked the Council to review SBH 2060, which would create a new source of funding
for low income housing and allow for an inter-local agreement to be considered by interested jurisdictions.
On motion by Councilman Clauson, seconded by Councilman Rider, Council recommended the City
participate in the inter-local agreement, with the condition the City will have the ability to withdraw from
participation if this matter becomes to costly for the City. Motion passed with 6 ayes and 1 nay.
Councilman Cramer voting nay.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved consent
agenda as follows:
a. Minutes of the April 14, 2003 regular City Council meeting
b. Claim warrants numbered 38980-39056 in the amount of $86,181.83.
c. Approval of the 2003 Firework Stand permits located at:
• Saar's Market -1415 Olney Avenue
• Albertson's -1434 Olney Avenue
• Albertson's-370 Sedgwick Road
• Hi-Joy Bowl -1011 Bethel Avenue
• Rochelle's Fine Fabric and Quilting -1700 Mile Hill Drive
d. Resolution No. 2014 establishing the job description for the City Clerk/Assistant to the
Mayor
e. Resolution No. 2015 amendment to the Parking Resolution prohibiting parking along Old
Clifton Road.
On motion by Councilman Clauson, seconded by Councilman Rider, Council reconfirmed its participation
in the Cost Reimbursement Program with McCormick Land Company with the City's participation being
1/3 and McCormick Land Company's participation being 2/3.
Councilman Clauson discussed the recent news from Regence BlueShield announcing their provider
contract renewal negotiations with Harrison Hospital have ceased and the service contract will expire
April 30, 2003. Councilman Clauson suggested the City endorse a letter written by Kitsap Transit asking
Regence BlueShield to continue coverage for an additional 60 days to allow the City time to research and
review potential alternative insurance providers.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the City to
co-sign a letter with Kitsap Transit to Regence BlueShield asking them to continue coverage for an
additional 60 days to allow the City time to research and review potential insurance providers.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor
to sign the consultant's contract for the Bay Street Pedestrian Path Project, and to allow the consulting
engineering firm Abam/Berger to begin the project's design phase at a cost of approximately $57,000.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
sign agreement with Technical Systems, Inc for the SCADA telemetry system design in the amount of
$28,500.
Councilman Morrison, Chair of the Street Committee, reminded committee members their next committee
meeting will be May 1, 2003, 7:30 AM at Myhre's.
April 28, 2003
Page 8 of 8
Councilman Geiger, Chair of the Finance Committee, stated the next committee meeting will be May 7,
2003, 7:30AM at JA Michael's.
Councilwoman Powers, Chair of the Public Property Committee, stated the next committee meeting will
be May 1 , 2003, 5:30 PM at the Port Orchard Library.
Councilman Rider, Chair of the Growth Management Committee, reminded committee members their
next committee meeting will be April 29, 2003, 4:30 PM at City Hall.
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Michelle Merlino, Deputy City Clerk ESLIE J. WEATHERILL, MAYOR