06/24/2002 - Regular - MinutesPort Orchard, Washington
June 24, 2002
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M.
at City Hal!, 216 Prospect Street. Council members present: Clauson, Morrison, Geiger, Powers, Rider, and
Cramer. Councilman Wyatt excused. Staff present: Police Chief Townsend, City Planner Wenman, City
Engineer Curies, City Treasurer Tompkins, City Attorney Amann, Deputy Clerk Merlino, and City Clerk
Parks.
Councilman Clauson led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Richard Eidman, member Port Orchard Farmers Market, asked for clarification concerning who will be
required to pay for a business license fee. City Clerk Parks clarified pursuant to RCW 36.71.090 farmers,
gardeners, etc:, who sell berries, vegetables, fruits, eggs or other edible farm produce are exempt from
license requirements.
On motion by Councilman Cramer, seconded by Councilman Morrison, Council excused Councilman
Wyatt from this Council meeting.
Mayor Weatherill opened the continued Council deliberation regarding reconsideration of SUP-1 021 for
property located at 207 Rockwell Avenue, property owner James H. Sullivan, PhD. (Continued from
February 25, 2002 City Council meeting.)
City Planner Wenman gave staff report and discussed the three main issues concerning the
reconsideration of SUP-1 021: (1) Off street parking, (2) additional counselor and staff personnel, and (3)
domestic violence perpetrator programs.
City Planner Wenman presented letter from Dr. Sullivan demonstrating his desire to comply with the
Special Use Permit:
• Six parking spaces are contained upon his property and as needed any overflow parking will be
accommodated at the St. Vincent De Paul Thrift Store parking lot.
• An additional counselor has been added to the clinic, however the total number of client appoint
hours is less than what was authorized in the original permit approval.
• Clients are being seen in accordance with the original permit. The domestic violence perpetrator
program has not resulted in any incidents of violence or harm to neighbors since approval of SUP
1021.
After much deliberation amongst the council members, Councilman Geiger moved to determine that
based upon the analysis submitted by Dr. Sullivan, the applicant is not in compliance with SUP-1 021, and
further moved that Dr. Sullivan be granted 60 days to come into compliance. Motion was seconded by
Councilman Morrison and approved with a vote of four ayes and two nays. (Ayes: Council members
Geiger, Morrison, Rider, and Cramer. Nays: Council members Clauson and Powers)
At 8:40 PM Mayor Weatherill called for a 10 minutes recess with meeting reconvening at 8:50 PM.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a Conditional Use
Permit as submitted by the First Lutheran Church located at 2483 Mitchell Avenue. The applicants are
seeking authorization to construct a shared transit/church activity use parking lot. LEGAL
DESCRIPTION: The subject property is located adjacent and east of Mitchell Road, approximately 300
feet south of the southeast corner of the intersection with SE Beck Street; in that portion of the NW % of
the SW% of Section 36, Township 24, Range 01 E, City of Port Orchard, County of Kitsap
June 24, 2002
Page 3 of 6
6. Pedestrian Safety Plan: Provide for internal dedicated pedestrian walking routes between
the parking lot and future constructed transit stop along Mitchell Road.
7. Final Storm Drainage Control Plan:
a. The storm water system shall be designed and constructed in accordance with the
current city standards that are in effect at the time of issuance of the
excavation/storm water permit.
b. The storm water system shall be designed by a Professional Engineer.
c. Prior to issuance of the excavation/storm water permit, the City shall review the storm
water system design for compliance to City requirements.
d. Prior to issuance of the excavation/storm water permit, the City shall be given
documentation of Kitsap County approval.
e. Prior to issuance of the excavation/storm water permit, the City shall be given
recorded copies of the Covenants for Maintenance and Operation of Storm Drainage
Facilities, and Performance of Erosion and Sedimentation Control Facilities.
f. All storm water improvements will be completed as indicated on the plans and to the
satisfaction of Public Works.
g. Certification by the Project Engineer that the as-built live and dead storage pond
volumes meet the design criteria.
h. Certification by the Project Engineer that the as-built pond side slopes meets the
design criteria.
i. Certification by the Project Engineer that the as-built of the bio-swale meet the design
criteria.
j. Submit as-built construction plans with three sets of blueprint copies to the Public
Works Department. As-built drawings will accurately represent construction changes
accepted by the City or County due to unforeseen field conditions or plan design
improvements. Include all sheets containing road and drainage plans, profiles, and
associated details. As-built drawings will be stamped RECORD DRAWING and be
certified by a professional engineer or land surveyor.
k. Provide a copy of the recorded covenants, conditions and restrictions, maintenance
easements, agreements with adjacent property owners, conservation easements,
and similar documents as required in the approved plans, SEPA Conditions, or
Conditions of Preliminary Approval.
I. Demonstrate permanent stabilization and restoration of the project site.
m. Submit the Operation and Maintenance Manual for review and acceptance by the
city's Public Works Department. The Manual shall be prepared by a Professional
Engineer and meet the requirements of the City.
n. The city requirement for the control of erosion and sedimentation shall be
implemented on the site continuously during and after construction.
o. The storm water system shall be owned and maintained by the property owner.
p. All revisions to the plans shall be routed through the City prior for approval prior to
construction.
8. Prior to final occupancy, the applicant shall sign and record a covenant of agreement to
participate in a proportionate share of future street/sidewalk improvements when programmed by
City of Port Orchard, or Kitsap County, or formation of future street/sidewalk improvement
districts.
9. All required improvements shall be in place prior to occupancy. At the discretion of the City
Engineer, the applicant may bond certain improvements, subject to the requirements of the
City.
June 24, 2002
Page 4 of6
Mayor Weatherill opened the 7:40PM Public Hearing regarding the Six-Year Transportation Improvement
Program for the years 2003-2008.
City Engineer Curies outlined the 14 projects, which are included in the proposed Six-Year Transportation
Plan schedule for the years 2003 -2008.
rv1ayor V'v'eathe;-111 caHed for audience cornrnenls regarding the proposed Six-"r"ear 1 ransportatJon
Improvement Program. As no response was 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 Cramer, Council approved Resolution No.
1982 adopting the Six-Year Transportation Improvement Program for the years 2003-2008.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to
sign the contract for the new financial software with Springbrook Software, contingent upon City Attorney
review.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council approved Ordinance No.
1861 amending Port Orchard Municipal Code Section 10.12.170 regarding inoperable vehicles.
Mayor Weatherill introduced proposed Ordinance No. 1862 regarding the parking of commercial vehicles
in residential and mixed-use zones.
After considerable discussion, Mayor Weatherill referred proposed Ordinance No. 1862 regarding the
parking of commercial vehicles in residential and mixed use zones back to the Street Committee for
further review.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council removed from table, tabled
motion to approve proposed Ordinance No. 1860 amending Zoning Ordinance No. 17 48 to clarify
Planned Residential Development Criteria. (Motion to approve presented at the May 28, 2002 Council
meeting, by Councilman Wyatt, seconded by Councilman Cramer.)
Council unanimously approved motion (as presented at the May 28, 2002 City Council meeting by
Councilman Wyatt, seconded by Councilman Cramer) approving Ordinance No. 1860 amending Zoning
Ordinance No. 1748 to clarify Planned Residential Development Criteria.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved consent
agenda items as follows:
a. Minutes from the June 10, 2002 regular City Council meeting.
b. Claim warrants numbered 37279-37339 in the amount of $327,238.06.
c. Approval of the 2002 Fathoms 0' Fun Firework Display.
d. Ordinance No. 1863 amending Chapters 5.12.080{1) and 5.12.090 of the Port Orchard Municipal
Code to establish a Business License Fee and an annual Business License Renewal Fee.
e. Resolution No. 1983 establishing a Business License Fee and a Business License Renewal Fee.
Councilwoman Powers, Public Property Committee Chair, presented the Committee report regarding the
Indoor Police Shooting Range Project. The proposed 12,000 square foot range has an estimated cost of
approximately $1.1 million. Financing was discussed and Councilwoman Powers advised that
June 24, 2002
Page 5 of6
Congressman Norm Dicks and State Representative Brock Jackley are very supportive of this project and
reported state funding could be available to help construct the indoor range.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City to
contact both Representative Brock Jackley and Congressman Norm Dicks to seek funding for the indoor
police shooting range.
Councilwoman Powers, Public Property Committee Chair, presented a request by the Municipal Court
asking for a jury room vending machine.
On motion by Councilwoman Powers, seconded by Councilman Cramer, Council authorized the
Municipal Court place a vending machine in the jury room, subject to statutory requirements.
Councilwoman Powers, Public Property Committee Chair, discussed the Police Departments' request for
additional outlets for the storage room and evidence processing room. A recent fire inspection noted
excessive use of extensions cords.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized an
expenditure of approximately $1,200 to provide additional electrical outlets in the Police Department
storage room and evidence processing room.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized increasing the
City's share of funding for the Robinson & Noble, Inc., Groundwater Computer Model, not to exceed cost
of $18,000. (The total cost of the Groundwater Computer Model is $35,955.)
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
sign Change Order No. 1 with Harlow Construction in the amount of $7,760 for the Sidewalk
Replacement Project.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor
to sign contract with Eco Compliance Corporation to perform environmental testing for city property
located at 900 Mitchell Avenue to determine the scope of the clean-up.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized an extension of
the Real Estate Purchasing Agreement for property located at 900 Mitchell Avenue with the Kitsap County
Housing Authority to July 15, 2002.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City
Engineer to reconfigure the ingress and egress of the west end of Wilkins Drive to develop one-way traffic
control. Vehicles exiting Wilkins Drive would need to go to the east access point.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to
sign Change Order No. 1 with Admiral Ross Construction, which will increase the contractor's cost from
$6,424. to $9,062.77.
On motion. by -Councilman Clauson, seconded by Councilman-Cramer, Council authorized the City
Engineer to accept proposed Flower Meadows Subdivision's water main and sewer system, for Division
1, which includes the pump station and force main.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized RH2 Engineer
to apply for the Public Works Trust Fund Loan, for the expansion of the Sewer Treatment Plant at a cost
of $3,100.
June 24, 2002
Page 6 of6
City Engineer reported that Washington State has adopted the 2000 Washington State Energy Code, the
Washington State Ventilation and Indoor Air Quality Code, and the 2000 Edition of the Uniform Plumbing
Code. Draft ordinances sponsored by Councilman Morrison will be on the July 8 agenda for council
consideration to amend the Port Orchard Municipal Code Chapters 15.08 and 15.44 adopting these
codes by reference.
At 1 0:20 PM Mayor Weatherill adjourned the meeting.
\_ --f''rL{ (}_lvJLQ_(J ~~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR