07/22/2002 - Regular - MinutesPort Orchard, Washington
July 22, 2002
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: Morrison, Wyatt, Geiger, Powers, Rider, and
Cramer. Councilman Clauson excused. Staff present: Police Chief Townsend, City Engineer Curies, City
Attorney Combs, Deputy Clerk Merlino, and City Clerk Parks.
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.
Robert Gallegos, 340 Tremont St. W., requested Council review property lines in the area of Alder Lane
where it meets with Tremont Street. Mr. Gallegos contends a portion of Alder Lane may be on his
property. Approximately 50 years ago Kitsap County intersected a portion of his grandparents property
when Tremont Street was developed. This has caused confusion for Mr. Gallegos. Mr. Gallegos would
like to have this situation reviewed.
Ron Rice, 369 Sedgwick Road, addressed Council concerning development growth moving to the north
Gig Harbor area, when in fact this same development could have been located in South Kitsap. Mr. Rice
voiced an opinion that Kitsap County is stifling growth in the South Kitsap area.
Fred Chang, 319 Sidney Avenue, expressed a concern with noise being generated from local businesses
in downtown Port Orchard, specifically loud music continuing past the 11 :00 PM time limit. Mr. Chang
stated these businesses are not adhering to noise ordinance (POMC 9.24.050). Mr. Chang requested a
special task force study the noise problems within the downtown area.
Kitsap County Fire Chief Mike Brown, representing the Fire Chief's Association and Puget Sound Clean
Air Agency presented a plaque to the City in recognition of the City's outstanding contribution to the highly
successful and award-winning 2000-2001 Kitsap County Outdoor Burn Ban Program.
Gil Michael, 228 Seattle Street, thanked the City Engineer and the Mayor for allowing the City Attorney
the opportunity to meet with the Port Orchard Planning Commission.
Bruce Freeland, Director of Kitsap County Community Development, spoke to Council concerning a
misunderstanding between the City and Kitsap County regarding the Memorandum of Understanding and
South Kitsap Planning. Mr. Freeland assured the Mayor and Council, Kitsap County has made no
changes to the existing Memorandum of Understanding. Mr. Freeland also noted the Kitsap County
Commissioners have agreed to set August 5, 2002 as a Study Session to meet with the City and discuss
South Kitsap Planning.
Mayor Weatherill presented proposed Ordinance No. 1862 regarding parking of commercial vehicles in
residential and mixed used zones.
Mel ode Sapp, 931 Kitsap Street, asked if commercial vans that are under 10,000 lb. gross vehicle weight
are also subject to parking restrictions within the residential and mixed used zones.
Robert Gallegos, 340 Tremont St W., expressed a concern with proposed Ordinance No. 1862 and
questioned if this ordinance is necessary and how many people have complained about commercial
vehicles parking on city streets. Mr. Gallegos stated the proposed ordinance could pose an undue
hardship for some Port Orchard residents.
July 22, 2002
Page 2 of4
Elisa Whittleton, 313 Tracy Ave. North, questioned why the trailers on the waterfront are not considered a
fire hazard or a public safety issue and also commented the license tabs on some of these trailers have
expired.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No.
1862 regarding the parking of commercial vehicles in residential and mixed use zones. Motion passed
with 3 ayes and 2 nays. Councilmembers Morrison, Wyatt and Geiger voting aye. Councilmembers
Powers and Cramer voting nay. Councilman Rider abstained from voting, due to a conflict of interest.
Councilman Morrison moved to approve an ordinance amending Port Orchard Municipal Code Sections
1 0.14.020, 10.14.070 and 10.14.080 and adding a new section 10.14.055 temporary construction parking
permits regarding residential parking permit system for residential neighborhoods, seconded by
Councilman Wyatt.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council tabled the motion to
approve, an ordinance for further review, which would amend Port Orchard Municipal Code Sections
10.14.020, 10.14.070 and 10.14.080 and add a new section 10.14.055 temporary construction parking
permits regarding residential parking permit system for residential neighborhoods.j
Councilman Morrison moved to approve an ordinance regarding restricting boats and recreational
vehicles from parking in the public right-of-way, seconded by Councilman Wyatt.
Melode Sapp, 931 Kitsap Street, spoke against the proposed ordinance, which severely restricts
recreational vehicles and boats from parking on public streets.
Marvin Rowan, 132 Rockwell Avenue, also spoke against the proposed ordinance, stating he has owned
a recreational vehicle for the past 30 years and has never had a problem with parking his RV. The
proposed ordinance will prevent him from parking it at his residence.
Beth Cottrell, 530 Taylor Street, stated the proposed ordinance is too restrictive, some consideration
should be given to the residents who live here, and be more restrictive to those who do not.
Nick Whittleton, 313 Tracy Avenue, asked if this ordinance can be supported and enforced. He voiced an
opinion that currently there are too many other ordinances that are not being enforced.
Elisa Whittleton, 313 Tracy Avenue, spoke against the proposed ordinance stating the ordinance will limit
the use of people's private property. This ordinance is too restrictive.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council tabled, for futher review,
the proposed ordinance regarding restricting boats and recreational vehicles from parking in the public
right-of-way.
On motion by Councilman Geiger, seconded by Councilman Cramer, Council tabled, for further review,
proposed Ordinance regarding the parking of boats and recreational vehicles in residential and mixed use
zones.
Robert Gallegos, 340 Tremont Street W., requested a special Task Force be appointed to study and
develop the proposed vehicle ordinances.
Melode Sapp, 931 Kitsap Street, suggested placing an article in the Citizens Update so all the residents
of Port Orchard will have an opportunity to become familiar with these ordinances.
July 22, 2002
Page 3 of 4
Beth Cottrell, 530 Taylor Street, commented the City needs to be more aware of junk on private property
and not force an ordinance on the citizens of Port Orchard that will take away the rights to their private
property.
Kathy Michaels, 228 Seattle Avenue, encouraged the City to look at the major problem, isolate those
problems and not become discouraged. Mrs. Michaels also thanked the Council for allowing the citizens
an opportunity to voice their concerns.
David Baumgartener, 3379 Rhapsody Lane, expressed a concern with the City restricting what people
can and can not have on their private property.
At 9:05 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:15 PM.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council excused Councilman
Clauson from this Council meeting.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Resolution No.
1985 regarding review of Special Use Permit SUP-1 021 for property located at 207 Rockwell Avenue,
property owner James H. Sullivan, PhD.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved consent agenda
items as follows:
a. Minutes from the July 8, 2002 regular City Council meeting.
b. Claim warrants numbered 37 445-37515 in the amount of $408,472.94.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved Claim for
Damages as submitted by Michelle Merlino in the amount of $636.68 for damages to her vehicle, while
performing city business.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council denied request
submitted by Security Financial Services to place a handicap parking space at 100 Fredrick Street, since
there are two existing handicap parking spaces in the near vicinity.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council approved the Application for
Public Event, Gypsy Caravan Days as submitted by The Crystal Garden, scheduled August 17, 2002
located at the 1 00 block of Fredrick Avenue with conditions: ( 1) all state and local laws and ordinances are
followed; and (2) required Certificate of Insurance is provided prior to event.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council rejected all proposals
submitted for City Hall Janitorial Services and authorized the City Engineer to allow the three bidding
contractors to resubmit cost proposals.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized the property
located between the South Kitsap Mall (1700 Mile Hill Drive) and the Port Orchard Armory Park & Ride,
known as the Metamorphosis Center for the Arts, permission to hook-up to Annapolis Water District.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the Mayor to
sign an Addendum to the Real Estate Purchase and Sales Agreement, with the Kitsap County Housing
Authority. The addendum extends the closing date for the sale of 900 Mitchell Avenue (Red Barn) to
September 15, 2002.
July 22, 2002
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On motion by Councilwoman Powers, seconded by Councilman Geiger, Council authorized the Mayor to
sign contract with Eco Compliance Corporation to perform environmental testing for city property located
at 900 Mitchell Avenue with an estimated cost of approximately $41,180.
Councilman Geiger moved to authorize the Mayor to sign the agreement with Environmental
Management Services, Inc., in the approximate amount of $26,000. This agreement provides for project
management, installing groundwater monitoring wells, and excavation of additional soil for property
located at 514 Bay Street, seconded by Councilman Morrison.
Councilman Cramer amended motion to include the condition the City will pay mileage based upon the
IRS approved mileage rate, seconded by Councilwoman Powers, and carried.
Council unanimously approved the original motion as amended, authorizing the Mayor to sign the
agreement with Environmental Management Services, Inc., in the approximate amount of $26,000. This
agreement provides for project management, installing groundwater monitoring wells, and excavation of
additional soil for property located at 514 Bay Street with a condition the City will pay mileage based upon
the IRS approved mileage rate.
At 10:45 PM Mayor Weatherill adjourned the meeting.
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR