03/25/2002 - Regular - MinutesPort Orchard, Washington
March 25, 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,
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Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No audience comments
were received at this time.
Mayor Weatherill introduced, Dr. Kimberley Ruona who is the newly appointed Planning Commission
member. Dr. Ruona will fill the unexpired term of Todd Cramer who stepped down when he was elected to
the City Council, her term will expire on December 31, 2005.
City Clerk Parks reported on bid opening held March 21, 2002 at 4:00 PM regarding Sidewalk Replacement
Project. Nine bids were received as follows:
Harlow Construction Co., Inc.
$43,427.50 Bid Bond included
Admiral C. Ross Contractor
No bid included Bid Bond -credit union check
Finishing Edge Concrete
$66,423.00 Bid Bond included
Kodo Construction, Inc.
$48,035.00 Bid Bond included
Mer-Con, Inc.
$51,099.10 Bid Bond included
GMT, Inc.
$58,810.00 Bid Bond included
Collins Concrete, Inc.
$17,300.00 Bid Bond-company check
(ONLY BID ONE ITEM)
Primo Construction, Inc.
$50,212.70 Bid Bond included
Pacific Environmental Services
$46,759.05 Bid Bond included
ENGINEER'S ESTIMATE
$57,370.00
Addendum #1 acknowledged
Addendum #1 not acknowledged
Addendum #1 acknowledged
Addendum #1 acknowledged
Addendum #1 acknowledged
Addendum #1 acknowledged
Addendum #1 not acknowledged
Addendum #1 not acknowledged
Addendum #1 acknowledged
March 25, 2002
Page 2 of 5
City Engineer Curies advised one bid protest has been received. The City Attorney reviewed the protest and
recommended it be rejected. City Engineer Curies recommended awarding the bid for the Sidewalk
Replacement Project to the lowest bidder.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council rejected the protest to the
Sidewalk Repair project bid and accepted the bidding for the Sidewalk Replacement Project and awarded
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Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate the westerly half of
Farragut Avenue, right of way, adjacent to tax parcel 4027-025-011-0005, (platted as Prospect Court), and
submitted by Donald and Frances Heng. ·
City Clerk Parks gave the staff report and presented an overhead illustrating where the subject right-of-way is
located.
Donald Heng, applicant, requested Council's approval for the Street Vacation and stated the purpose of his
request is to protect his privacy and front yard.
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.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council moved to approve the Petition to
Vacate the westerly half of Farragut Avenue right-of-way, adjacent to tax parcel 4027-025-011-0005, platted
as Prospect Court, and submitted by Donald and Frances Heng.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council moved to designate
$1,173.25 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 7 ayes.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding an application for Preliminary Plat as
submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins Drive. LEGAL
DESCRIPTION: That portion of Government Lot 4, Section 27, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington described as follows: Beginning at the southeast corner of said Section 27;
thence North 2 *38'10" West 642.77 feet, thence south 87 * 21' 50" West 673.52 feet; thence South 1 *
01' 28" West 642.85 feet; thence North 87 * 27' 50" East 714.80 feet to the point of beginning.
City Planner Wenman presented staff report and gave the reasons for denial as recommended by the
Planning Commission. Mr. Wenman stated the Planning Commission based their recommendations for
denial on several unresolved issues and non-compliance with several city ordinance requirements,
specifically:
• Vehicular, pedestrian and emergency access to the development,
• Protection of steep slopes,
• Lot configuration and compliance with zoning ordinance requirements for lot layout,
" Stormwater control and compliance with the Stormwater Ordinance.
Mayor Weatherill advised the applicant submitted a letter requesting the public hearing be continued for
60 days. Mayor Weatherill asked if anyone present would like to give input or testimony at this time,
before Council considers the continuance requested by the applicant.
James Reynolds, adjacent property owner, asked for the following questions:
• Was a geological survey required?
• How much land will be moved to accommodate the proposed 11 residences?
• What are the plans for surface water, drainage and where?
• Will a greenbelt be provided around the perimeter of the subdivision?
• Will a park be a consideration?
• \f\!1!! w!!d!!fe be considered?
What access will be provided from Caseco Lane to the north side lots?
March 25, 2002
Page 3 of 5
Mayor Weatherill called for further audience comments regarding the application for Preliminary Plat as
submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins Drive. No further
audience comments were received.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council continued this Pub!!c
Hearing for 60 days. The Public Hearing will be reopened May 28, 2002 at 7:35 PM.
Mayor Weatherill opened the 7:45 PM Public Hearings regarding the deletion of the requirement for
pedestrian access between Rockport and Aidan Place subdivisions. The path is located between 298i
Sprague, 2983 Sprague and 2961 Lowren Streets.
LEGAL DESCRIPTION: Rockport Subdivision: Attachment "A"
LEGAL DESCRIPTION: Aidan Place Subdivision: That portion of the south half of the Northeast quarter
of the Southeast Quarter of Section 25, Township 24 North, Range 1 East, W.M., Kitsap County,
Washington, lying westerly of Olney Avenue; except portion deeded to Richard V. Krueger and Helen
Krueger, husband and wife, by auditor's file number 486008, recorded in volume 482 on page 673,
records of Kitsap County
Councilman Wyatt asked if anyone from the audience objected to his participation and voting on the
proposed deletion of the requirement for pedestrian access between Rockport and Aidan Place subdivisions,
as he lives within 300' of Rockport Subdivision and Aidan Place Subdivision. Since no objection was
received from the audience, Councilman Wyatt remained at the Council table.
City Engineer Curies brought Council up to date on the proposed deletion of the requirement for
pedestrian access between the two developments. City Engineer Curies advised notices were mailed to
all property owners within the two developments.
City Engineer Curies discussed the two conditions being requested for deletion:
Rockport Subdivision
Condition No. 33 -A pedestrian access constructed between Rockport Subdivision and the proposed
development to the north over the sanitary sewer easement joining the two properties. A private
easement to protect pedestrian access shall be created and maintained by the Homeowners Association,
prior to Final Plat approval.
Aidan Place Subdivision
Condition No. 4 -A pedestrian access constructed between Aidan Place and the proposed development
to the south over the sanitary sewer easement joining the two easements.
Mayor Weatherill called for audience comments regarding the proposed deletion of the requirement for
pedestrian access between Rockport and Aidan Place subdivisions.
March 25, 2002
Page 4 of 5
Fran Roth, 2953 Lowren Street, objected to the deletion of the pedestrian access between the two
developments, and asked the Council to either vote down this deletion or postpone any decision until the
Aidan Place Homeowners Association could meet as a group and discuss this proposal.
Myles Goodinger, 2947 Sprague Street, Rockport Homeowner's Association President, advised the
homeowners within the Rockport Subdivision support the deletion of the requirement for pedestrian
access between Rockport and Aidan P!ace subdivisions.
Mayor Weatherill called for further audience comments regarding the proposed deletion of the
requirement for pedestrian access between Rockport and Aidan Place subdivisions. As no further
comments were received from the audience, Mayor Weatherill closed the public input portion of the Public
Hearing and referred this matter to Council for their decision.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council approved Ordinance
No. 1850 amending Ordinance Nos. 1632, 1739, and 1759 by deleting Condition No. 4 requirement for
pedestrian access located in Aidan Place Subdivision. Motion passed with 6 ayes and 1 nay.
Councilman Clauson voting nay.
On motion by Councilman Rider, seconded by Councilman Wyatt, Council approved Ordinance No. 1851
amending Ordinance Nos. 1635, 1738, and 1758 by deleting Condition No. 33 requirement for pedestrian
access located in Rockport Subdivision. Motion passed with 6 ayes and 1 nay. Councilman Clauson
voting nay.
At 8:20 PM Mayor Weatherill called for a recess with meeting reconvening at 8:40 PM.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved consent agenda
items as follows:
a. Minutes from the March 11, 2002 regular City Council meetings
b. Claim warrants numbered 36736-36820 in the amount of $79,881.06.
On motion by Councilman Wyatt, seconded by Councilman Clauson, Council approved the following
Public Event Applications:
(1) Farmers Market 2002, located on the waterfront parking lot #4 from 6:00 am -4:00 pm each
Saturday April 27, 2002 -October 26, 2002 (except those Saturdays which parking lot #4 may be
approved for Fathoms 0' Fun Carnival).
(2} Cruz 2002, submitted by the Saints Car Club -Sunday August 11, 2002 to be located on the
waterfront parking lot #4 from 7:00 am-5:00 pm
(3} Great Ball Race, submitted by the Port Orchard South Kitsap Chamber of Commerce -Sunday,
August 11, 2002 to be located on Cline Avenue between Division Street and Kitsap Street.
Councilman Wyatt asked for Council's concurrence on amending the Festival By The Bay Public Event
Application as submitted by the Port Orchard Bay Street Association and authorized the event for one day
only, Sunday, August 11, 2002. The application requests permission for two days, August 10, 2002 and
August 11, 2002.
March 25, 2002
Page 5 of 5
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council approved the Festival By
The Bay Public Event Application as submitted by the Port Orchard Bay Street Association 'for Sunday
August 11, 2002 only, located on Bay Street from 9:00AM-6:00PM. Motion passed with 6 ayes and 1
nay. Councilman Rider voting nay. The city will request permission from Washington Department of
Transportation to close Bay Street (SR166) for the one day event.
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council adopted Resolution No.
1971 repealing Resolution No. 1795 and readopting and defining road standards.
On motion by Councilman Geiger, seconded by Councilman Rider, Council approved Ordinance No.
1852 relating to the reimbursement procedure for the construction of roads and stormwater systems, and
the extension of water and sanitary sewer mains, and repealing Ordinance Nos. 1385 and 1587.
Councilwoman Powers, Chair Public Property Committee, discussed the need for an indoor shooting
range where the police can train and qualify with their firearms. Police Chief Townsend contacted several
local law enforcement agencies and determined there is a regional need for an indoor shooting range.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the Police
and Engineer Departments to form a staff committee. This committee will develop a floor plan and
prepare preliminary specifications for an indoor shooting range to be located near the existing out door
shooting range with the condition the expenditure from Cumulative Reserve for Municipal Facilities for
architectural drawings not to exceed $10,000. Motion passed with 6 ayes and 1 nay. Councilman Geiger
voting nay.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the Mayor to
sign the Washington State Grant for $15,000 for city planning activities pursuant to the Grov.:th
Management Act.
Council rescheduled the Council Study Session regarding discussion with the PUD Telecommunication
and the process to bring fiber optics to South Kitsap from April 23, 2002 at 7:30 PM to April 1, 2002 at
7:30PM.
At 9:15 PM Mayor Weatherill adjourned Council into Executive Session for 15 minutes and extended it an
additional 45 minutes to discuss pending litigation.
At 10:00 PM Mayor Weatherill reconvened Council into regular session and adjourned the meeting.
\--t)(J_~fu.tU Y~o
Michelle Merlino, Deputy City Clerk
.· ....
March 25, 2002
ATI'ACRMENT A:
Parcel 1:
Portion of the Northeast quarter of .. the Southeast . Quarter of
Section 25, Township 24 North, Range 1 East, W..M., Kitsap County,
Washington; except that portion lying South of the following
described property: the South 129 feet of the following:
The Northeast quarter of the Southeast quarter of the Southeast
quarter of Section 25, Township 24 north 1 Range 1 East. W.H. in
Kitsap county, Washington; except the following described tract:·
Beginning at a point which is north 0?31'47 11 . East 331' .2 feeti
thence Nor"t;h 88?29'30 11 East, 667.7 feet to the point of beginningi
Except fo;c Ule East 40 ;feet_ for road; ·
Except for county r9ad; ~ .
and except that po·rtion conveyed to ·the Kitsap County for Olney
Road, by deed recorded under J..uditor's File No. 8609020097i and
corrected by document recorded under Auditor's 8610220259i situate
in Kitsap county, Washington.
Parcel 2:.
The Northwest quarter of the Southeast quarter of the Southeast
quarter, Section 25 1 Township 24 North, Range 1 East, W .M. in
Kitsap county, Washingtonj Except the North 30 feet conveyed to
Kitsap County by deed recorded under Auditor's file nwnbers 890162 I
890166, 890167 and 890169; .
And except that portion .conveyed to Kitsap County for olney Road by
deed record~d under· Auditor's file no. 8609020097, and corrected by
document recorded under Auditor's file no. 8610220259; Situate in
Kitsap county, Washington.