02/11/2002 - Regular - MinutesPort Orchard, Washington
February 11 , 2002
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Geiger, Powers, Rider, and
Cramer. Councilman Morrison excused. Staff present: Police Chief Townsend, City Treasurer Tompkins,
Municipal Court Judge Decker, Court Administrator Hunt, City En{:Jineer Curies, City Attorney Amann,
Deputy Clerk Merlino, and City Clerk Parks.
Councilman Wyatt led the audience and Council in the Pledqe of Alleqiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No audience comments
were received at this time.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate a portion of Farragut
Avenue right of way, adjacent to the westerly portion of lot 4027-025-008-02, platted as Prospect Court and
submitted by Patricia Barnes. LEGAL DESCRIPTION: Exhibit "A"
City Engineer Curies gave the staff report and presented an overhead illustrating where the subject right of
way is located.
Tracy DiGiovanni, attorney representing Patricia Barnes, applicant, also outlined on the map the proposed
Street Vacation and property boundaries. She further commented this vacation would allow expansion of
the lot size to accommodate a future building site.
Don Heng, adjacent property owner, asked to purchase an additional 1 0' of city right of way and be given
the same consideration as Patricia Barnes and her request. Mayor Weatherill advised Mr. Heng to submit
a Petition to Vacate to the City Clerk for Council consideration.
John Hothchild, property owner within 300' of the proposed Street Vacation, stated in 1996 this proposed
Street Vacation was brought to the Council for consideration and the application was denied. Mr. Hothchild
voiced his opinion that this is the same application vvith no changes and urged the Council to deny this
request.
Diana Brown spoke in opposition to this Street Vacation stating her mother; Janice N. Leach is in the
process of dedicating an adjacent parcel to the city for a park. Ms. Brown advised if the city allows this
Street Vacation Ms. Leach will withdraw her proposed dedication of property to the city.
Mayor Weatherill called for any further audience comments regarding the proposed Petition to Vacate a
portion of Farragut Avenue right of way. As no further comments were received, Mayor Weatherill closed
the public input portion of the Public Hearing and referred this matter to the Council for their consideration.
Councilman Geiger moved to approve the Petition to Vacate a portion of Farragut Avenue right of way,
adjacent to the westerly portion of lot 4027-025-008-0208, platted as Prospect Court, and submitted by
Patricia Barnes, seconded by Councilman Wyatt.
Councilwoman Powers moved to amended motion, to designate the compensation received from the
Street Vacation be redistributed from the Street Fund to the Designated Unreserved Fund Balance for
Parks, seconded by Councilman Geiger. Motion passed with 6 ayes.
Council approved the original motion, as amended, to vacate a portion of Farragut Avenue right of way,
adjacent to the westerly portion of lot 4027-025-008-0208, platted as Prospect Court, as submitted by
Patricia Barnes and further authorized the compensation received from the Street Vacation be
redistributed from the Street Fund to the Designated Unreserved Fund Balance for Parks. Original
motion as amended passed with 6 ayes.
February 11, 2002
Page 2 of4
Kim Abel, city representative for the Solid Waste Advisory Committee, brought Council up to date on the
meetings held this past year concerning illegal dumping and solid waste issues. Ms. Abel also discussed
the new transfer station under construction at the landfill. Solid waste will be transported to a site in
Oregon, which will accommodate solid waste for the next 100 years. Ms. Abel advised of the new
proposed recycling plans, which will include cardboard and plastics 1-5. In conclusion Ms. Abel invited
the Mayor, Council and interested citizens to contact her with any further comments or questions.
Steve Rice representing Rice Fergus, presented three conceptual designs for the Bay Street Marquee.
Scheme A -referred to as Light Touch keeps the marquee with minor improvements; Scheme B -
referred to as Medium Touch adds new vertical elements and new sign program; Scheme C-referred to
as Heavy Touch removes the marquee and dresses up the buildings. Mr. Fergus informed the Council
Scheme A would be a more cost effective method, rather than removing and updating the faces of the
buildings, which would require a major cost to owner's adjacent to the marquee. Mr. Fergus indicated the
recommendation on the conceptual design would be presented in March 2002.
City Engineer Curies notified the audience and Council the first step is the selection of the marquee
design then the funding package. This meeting is the first step and it will take many steps to complete
this project.
Mayor Weatherill asked for audience comments regarding the conceptual design of the Bay Street
Marquee.
Mallory Jackson, Custom Picture Framing, asked where should the property owners send their
comments. Mayor Weatherill advised the City Engineer will collect the comments and recommendations.
Jeffery Eagleson, JJ's By The Bay restaurant, urged the city to consider Scheme C, which would remove
the marquee and present a new facelift to the city.
Alan Mahaney, representing VFW building located on Bay Street, asked if Scheme C would include
replacing sidewalks and if trees would be in planters or in the ground. City Engineer Curies advised at
this point only the design concept is being reviewed.
Mayor Weatheri\1 thanked Steve Rice from Rice Fergus for the presentation and indicated the city is
looking forward to their next presentation in March.
Municipal Court Judge Decker and Police Chief Townsend presented a proposed agreement between
Yakima County, Washington and the City for the housing of inmates in the Yakima County Jail. Judge
Decker informed the Council, currently the Kitsap County Jail is at capacity levels and jail sentences are
not being served. The other benefit to this proposed contract is the city's jail cost could be reduced from
$62.00 per day to $50.00 per day for those who serve their sentence in Yakima.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the Mayor
to sign the Agreement between Yakima County, Washington and the City of Port Orchard for the housing
of inmates in the Yakima County Jail.
At 8:50 PM Mayor Weatherill called for a 15 minute recess with meeting reconvening at 9:05 PM.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign
the renewal of the Public Defender Professional Services Agreement between the City of Port Orchard and
David Rovang for a term of 24 months commencing March 1, 2002 and ending February 29, 2004 at a cost
of $2,800 a month.
City Engineer Curies reported on bid opening held February 7, 2002 at 4:00 PM regarding construction of
Well 9, cable-tool drilling. Three bids were received with the required bid bonds as follows:
Holt Drilling
Hokkaido Drilling
Charon Drilling
ENGINEER'S ESTIMATE
$65,140.00
$82,850.00
$68,920.00
$81,610.00
February 11, 2002
Page 3 of 4
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council accepted the bidding for
the construction of Well 9, cable-tool drilling and awarded the contract to the lowest bidder, Holt Drilling in
the amount of $65,140.00.
On motion by Councilman Wyatt, seconded by Councilman Geiger, Council tabled for further review,
proposed Ordinance No. 1845 readopting development standards relating to stormwater management, land
clearing, grading and repealing of Ordinance No. 1836.
On motion by Councilman Wyatt, seconded by Councilman Clauson, Council tabled for further review,
proposed Ordinance No. 1844 repealing Ordinance No. 17 49 and reestablishing the duties of the Code
Enforcement Officer (POMC 2.64).
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council adopted Resolution No.
1966 relating to the reimbursement rates for city personnel expenses on community events and activities or
projects on private property or public property owned by other governmental entities.
Mayor Weatherill presented Planning Commission Resolution No 324-02 recommending denial of
Application for Preliminary Plat as submitted by Richard and Karen Berg for property located in the vicinity
of 215 Wilkins Drive.
City Attorney Amann clarified for the Council, POMC 16.04.090 states the City Council must set a date for a
public meeting to consider the Planning Commissions' recommendation to deny the preliminary plat
application.
On motion by Councilman Geiger, seconded by Councilman Rider, Council set February 25, 2002 as the
date for a public meeting to consider the Planning Commissions' recommendation to deny Application for
Preliminary Plat as submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins
Drive. Motion passed with 5 ayes and 1 no. Councilman Wyatt voting no.
Dana Soyat, representing Fathoms 0' Fun Festival, addressed Council concerning the 2001 carnival
security outstanding invoice in the amount of $6,589.78. Mr. Soyat asked for relief of the 100% fringed
benefit associated with this invoice.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council applied the $35.00 hourly rate
as reflected in Resolution No. 1966 retroactively to the 2001 carnival security invoice. Motion passed with 5
ayes and 1 nay. Councilwoman Powers voting no.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the consent
agenda items as follows:
a. Approval of the January 28, 2002 regular City Council Minutes
b. Approval of Claim Warrants Numbers 36474-36557 in the amount of $128,723.30 and
January 2002 Payroll Warrants Numbers 136020-136100 and direct deposits in the
amount of $270,002.08.
c. Resolution No. 1965 authorizing the City Engineer to sign the Discharge Monitoring
Report.
February 11, 2002
Page 4 of 4
d. Resolution No. 1967 affirming on Appeal A Notice and Order for the Abatement of an
Unsafe or Unlawful Condition issued to Joe Mentor and Eldorado Hills Water, Inc.
At 9:45 PM, upon the request of Councilman Clauson, Mayor Weatherill adjourned Council into Executive
Session for 1 0 minutes and extended it an additional 15 minutes to discuss a legal matter.
At 10:10 PM Mayor Weatherill reconvened Council into regular session.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council excused Councilwoman
Powers from the following City Council meetings, April 8, 2002, July 8, 2002 and November 25, 2002.
Council set the week of June 3, 2002 as Spring Clean-up within the City limits.
At 10:30 PM Mayor Weatherill adjourned the City Council meeti
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
-CONSTRUCTION SEP -__,,:;;s
-TO PO G RAP J-JIC MAP, ., , J
P.O.Box 1611
Port Orchard, WA 98366
LEGAL DESCRIPTION
--ENGJNEERINr; Tl/1 TA COLLECTION
---LAND S'URV"E1 ND SUBDIVISIONS
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Tel (360)874-9031
Fax(360)B74-9032
EXHIBIT "A"
February ll, 2002
THAT PORTION OF PROSPECT COURT9 BLOCK 25, PLAT OF ANNAPOLIS
VOLUI\fl: 1, PAGES 64 & 65, RECORDS OF KITSA.P COUNTY WASHINGTON,
DESCRIBED AS FOLLOWS:
CO:Ml\1ENC:C~G AT THE NORTHVlEST COR~ER OF LOT 11 9 SAID BLOCK
25, SHOWN ON SURVEY IN VOLUME 41, PAGE 241 OF SURVEYS, RECORDS OF
KITSAP COUNTY9 WASHINGTON; THENCE ALONG THE NORTHERLY LINE OF
SAID LOT 11, SOUTH 61 °12'20" EAST 55.17 FEET TO THE WESTERLY RIGHT OF
WAY OF PROSPECT COURT AND THE POINT OF BEGINNJNG; THENCE ON A
CURVE TO THE R1GHT9 THE CENTER OF WIDCH BEARS NORTH 85°02 9 30" EAST
WITH A RADIUS OF 90.00 FEET, AN ARCLENGTH OF 90.28 FEET; THENCE
NORTH 24°38'28 WEST 23.14 FEET TO THE NORTHERLY LINE OF SAID SURVEY;
THENCE ALONG THE PROJECTION EASTERLY OF SAID NORTHERLY LINE
SOUTH 61 °12'20" EAST 51.99 FEET; THENCE ON A CURVE TO THE RIGHT9 THE
CENTER OF \VHICH BEARS SOUTH 15°37'14" EAST VVITH A RADIUS OF 70.00
FEET, AN ARCLENGTH OF 102.95 FEET; THENCE SOUTH 80°07'02 1
' WEST 10.00
FEET TO THE NORTIIERLYLINE OF SAID LOT 11; THENCE NORTH 61°12 9 20"
WEST 12.38 FEET TO THE POINT OF BEGINNING.