10/14/2002 - Regular - MinutesPort Orchard, Washington
October 14, 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: Clauson, Wyatt, Morrison, Geiger, Powers,
Rider, and Cramer. Staff present: Police Chief Townsend, City Planner Wenman, City Engineer Curies, City
Attorney Combs, 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.
Melode' Sapp, 931 Kitsap Street, presented a petition with sixty signatures, urging Council to uphold the
current zoning ordinance and stop issuing conditional use permits allowing commercial businesses to
infiltrate into residential neighborhoods.
Pastor Fred Rabinovitz, requested Council to review the current zoning ordinance that prohibits worship
services in a commercially zoned buildings. Mayor Weatherill requested the City Attorney review this
matter.
Mayor Weatherill advised the 7:35PM Public Hearing regarding an application for a rezone amendment as
submitted by Snodgrass Freeman Association/Mile Hill L.L.C. for property located east of South Kitsap Mall
has been canceled.
Councilwoman Powers presented the 2002 Summer Good Neighbor Awards. Recipients John and
Elizabeth Sanders accepted the Residential Category Award, for their residence located at 280 Melcher
Street. The Commercial Category was accepted by Don and Karolie Larson, business owners of Novus
Windshield Repair located at 851 Bethel Avenue. These awards are to recognize the contribution of
individuals and businesses that enhance the aesthetic quality of their neighborhood.
Fire Chief Brown discussed Proposition #1 which will be presented on the November 5, 2002 ballot.
Proposition #1 would authorize Kitsap County Fire Protection District No. 7 to increase the regular property
tax levy limit by $.0606 cents per $1 ,000 of assessed valuation to fully fund fire and medical expenses.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized city staff to
announce a public forum presentation regarding Proposition #1 at the October 28th City Council meeting.
Kim Abel representing Friends for Recreation, Parks, and Open Space, introduced Mary McClure who
discussed the Public Facilities District Sales Tax proposition. Ms. McClure advised the proposed sales tax
measure could potentially raise approximately $2.5 million per year.
Tom O'Brien, South Kitsap Schools Facilities Director, discussed the three South Kitsap Projects, which
have been submitted for consideration if voters approve the proposed sales tax measure.
1. South Kitsap High School installation of artificial turf
2. Upgrade to Marcus Whitman Jr. High School track field
3. Upgrade to John Sedgwick Jr. High School track field
Mayor Weatherill thanked Kim Abel, Mary McClure and Tom O'Brien for their presentation.
Lisa Berntsen representative from AES Consultants presented the Port Orchard Shoreline Resource
Inventory and Analysis Report highlighting the following topics:
• Scope of Work
• Shoreline Assessment
• Shoreline Habitat Inventory
• Shoreline Development Inventory
Mayor Weatherill thanked Lisa Berntsen for her very informative report.
October 14, 2002
Page 2 of 4
On motion by Councilman Cramer, seconded by Councilman Wyatt, Council approved Ordinance No. 1872
amending Port Orchard Municipal Code Sections 5.56.040, 5.56.050, and 5.56.080 regarding mechanical
inspections for taxicabs.
Councilwoman Powers moved to approve Ordinance No. 1873 amending Section 2.60.040 of the Port
Orchard Municipal Code amending Travel Compensation for City Council Members, seconded by
Councilman Clauson.
Councilwoman Powers presented motion to amend proposed Ordinance No. 1873 to include the word "also"
in Section 1. 2.60.040(2) to read as follows: 'This would also apply to attendance at an approved
convention or investigative trip." Motion to amend the motion seconded by Councilman Clauson and
approved unanimously.
Council approved the original motion, as amended approving Ordinance No. 1873 to revise Port Orchard
Municipal Code 2.60.040(2) to read as follows: "This would also apply to attendance at an approved
convention or investigative trip." Original motion as amended passed with 7 ayes.
Mayor Weatherill reopened Compliance Hearing regarding correction of non-compliance issues for an
existing single family residence located at 207 Rockwell Avenue (SUP-1 021) as set forth in Resolution No.
1985. (Continued from September 23, 2002 City Council meeting.)
City Planner Rob Wenman presented staff report bring the City Council up to date on the non-compliance
issues.
Jim Tracy, land use attorney representing James H. Sullivan, distributed a letter from James H. Sullivan
and also presented a listing of client appointment hours. Mr. Tracy expressed a concern with Resolution
No. 1985 stating the Findings and Conclusions have internal conflict, ambiguity, and are vague and unclear.
Mr. Tracy addressed three areas of alleged non-compliance:
• Parking (Mr. Tracy verbally reviewed parking requirements voicing opinion that Dr. Sullivan is in
compliance).
• Type of service offered by Dr. Sullivan (Mr. Tracy reviewed information presented during public
hearing on the Special Use Permit application and voiced opinion that Dr. Sullivan is operating
within the scope of services outlined at the public hearing/in the application.
• Number of employees, employed by Dr. Sullivan (Mr. Tracy reviewed staff levels and agreed that
Dr. Sullivan is not in compliance in this area.
Mr. Tracy requested additional time to address ambiguities and vague terms within Resolution 1985 and
bring this Special Use Permit into compliance.
City Attorney Combs advised Resolution No. 1985 is the law as of today and Mr. Sullivan needs to provide
sufficient evidence of compliance with Special Use Permit SUP-1 021. At this time the City Council has four
alternatives:
1. Allow Mr. Sullivan to apply for an amendment to Special Use Permit No. 1021, or
2. Revoke Special Use Permit No. 1021 for non-compliance issues, or
3. Acknowledge Special Use Permit No. 1021 is in full compliance, or
4. Take no action
At 9:30 PM Mayor Weatherill called for a 1 0-minute recess with meeting reconvening at 9:40 PM.
On motion by Councilman Cramer, seconded by Council Wyatt, Council revoked Special Use Permit No.
1021, due to non-compliance issues set forth in Resolution No. 1985. Motion passed with 5 ayes and 2
nays. Council members Morrison and Clauson voting nay.
October 14, 2002
Page 3 of 4
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council removed from table, tabled
proposed Ordinance regarding the parking of boats and recreational vehicles in residential and mixed-use
zones. (Note: As the City Council did not address this proposed ordinance, it died for lack of action.)
Councilman Morrison presented a new preliminary draft ordinance regarding the parking of boats and
recreational vehicles in residential and mixed-use zones to the City Clerk and directed her to prepare the
ordinance in final draft form and place on the October 28, 2002 City Council Agenda for consideration by full
Council.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council approved the consent
agenda items as follows, with the exception of Item 5c. -Proposed Ordinance No. 1991 amendments to the
parking resolution:
a. Minutes of the September 23, 2002 regular City Council meeting, as corrected and distributed.
b. Approval of Claim Warrants Numbers 37866-37978 in the amount of $364,113.27 and September
2002 Payroll Warrants Numbers 136750-136825 and direct deposits in the amount of
$285,420.56.
d. Resolution No. 1992 authorizing reassignment of a real estate lease with Caseco Associates for
property located at the former landfill.
e. Authorization for Police Chief Townsend to dispose of in the best interest of the city the attached
items from the Police Evidence Room -Attachment "A"
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council adopted Resolution
No. 1991 approving amendments to the parking resolution, placing restrictions on parking within the
Pliska Avenue right-of-way.
Councilman Geiger requested the City Clerk review LEOFF I Disability retiree medical expense
reimbursement procedures to determine if the City has the ability to subrogate claims back to the retirees
home owners insurance when the claim results from a non-work related injury.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council approved Application
for Public Event, submitted by Phil McCormick -Rewind Music and Coffee Co. for the 41
h Annual Pumpkin
Patch Event on Saturday, October 26, 2002 from 12:00 pm to 4:00 pm located on Frederick Street north
of Bay Street.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the Mayor to
sign the Special Project Status Request to transition legal services billing for the Sic-Membrane Bidding
Process from city attorney routine-retainer account to the city attorney extraordinary expense (non-
retainer) account.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the City
Engineer to proceed with the removal of contaminated soil and demolition of the Red Barn located at 900
Mitchell Avenue.
City Engineer Curies presented staff report on results of appraisal received on the Mitchell Point Reserve
Property. (Note for the record: Councilman Morrison stepped down and left council chambers during this
discussion due to conflict of interest). The result of the appraisal was an amount less than the current
Kitsap County Assessor assessed value.
Councilman Geiger moved to authorize the City Engineer to obtain a second appraisal on the Mitchell
October 14, 2002
Page 4 of 4
Point Reserve property. The City Council determined a second appraisal is in the best interest of the City
to confirm the property value. Motion seconded by Councilman Rider.
Councilman Cramer moved to amend the motion to authorize the City Engineer to obtain a second
appraisal on the Mitchell Point Reserve Property, to require the land appraiser have a current business
license, seconded by Councilman Rider and carried.
Original motion as amended to authorized the City Engineer to obtain a second appraisal on the Mitchell
Point Reserve property and to further require the land appraiser have a current city business license.
Original motion as amended passed with 6 ayes.
After discussion on Mitchell Point Reserve ended, Councilman Morrison returned to the Council
Chambers and resumed his participation in the meeting.
On motion by Councilman Clauson, seconded by Councilman Cramer, Council authorized the City
Attorney to review the current zoning ordinance regarding site-specific projects as they relate to approved
Special Use Permits.
At 10:30 PM Mayor Weatherill adjourned meeting.
\___ft1 UueQR Yxv1Lz_o ~~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
Attachment "A"
Date: October 14, 2002
It is requested that the following weapons be surplussed from the Police
Department:
15608 Arms cor . 22 Rifle case# 01-215 ser# A736857
15914 Baretta-7.65 pistol case# 01-1183 ser# A61460
16417 S&W SW40V case# 01-2800 ser# PAM9563
16419 Ruger M77 30 06 rifle case# 01-2800 ser# 78399574
17387 Remington 700 case# 00-1985 ser# B6323075