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04/08/2002 - Regular - MinutesPort Orchard, Washington April 8, 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, Rider, and Cramer. Councilwoman Powers excused. Staff present: Police Chief Townsend, City Engineer Curies, City Planner Wenman, City Attorney Combs, Deputy Clerk Merlino, and City Clerk Parks. Councilman Wyatt led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. Kitsap County Commissioner, Jan Angel and Kitsap County Coroner, Greg Sandstrom, addressed Council concerning the need for a larger and newer morgue facility. Commissioner Angel advised the morgue facility has an opportunity to relocate to the Bremerton National Guard Armory Readiness Center, which would allow for a more centrally located facility; provide for classrooms; and provide a facility for other counties to utilize. Kitsap County Sandstrom discussed the joint use and cost of the new facility. Sharon Zerr, Vice President Port Orchard Chamber of Commerce, submitted a letter of support on behalf of Port Orchard Chamber of Commerce, Board of Directors, urging the City and the PUD to add a fiber optic spur line to Port Orchard and strongly recommend the City Council secure the necessary requirements to add this fiber extension during the initial installation phase. Mary McClure, Kitsap Regional Coordinating Council, presented the Telecommunications Ad Hoc Committee recommendation to commit $25,000, to hire a consultant, to review the fiber optics connections in Kitsap County to answer the question: What role, if any, should the Kitsap public agencies play in providing the "last mile" connection between the KPUD's fiber optics backbone and the end business or residential customer? The goal of Phase 1 is to develop a more complete understanding of the questions that need to be answered, the resources to answer them, and the cost of doing so. Ms. McClure is recommending that each of the member jurisdictions participate in the funding of this effort. Councilman Clauson moved to authorize an expenditure of not more than $5,000 to fund the city's pro-rata share of hiring a consultant to review the fiber optics connections in Kitsap County, seconded by Councilman Wyatt. Motion passed with 3 ayes and 3 nays. Mayor Weatherill broke the tie vote by voting aye. Councilmembers Morrison, Geiger, and Cramer voting nay. Councilmembers Clauson, Wyatt, and Rider voting aye. Steve Rice representing Rice Fergus Architects, presented cost estimates for the three conceptual designs for the Bay Street Marquee. Scheme A -referred to as Light Touch keeps the marquee with minor improvements - Approximate cost $265,000. Scheme B -referred to as Medium Touch adds new vertical elements and new sign program-Approximate cost $310,000. Scheme C -referred to as Heavy Touch removes the marquee and dresses up the buildings -Approximate cost $435,000 plus the cost to individual property owners to improve their building facades. Pat Drew, 944 Bay Street, presented a new rendition of the marquee, illustrating a pergola effect, which would allow for enhanced lighting under the marquee. Brad Lambert, 2987 Sprague Street, supported the concept to remove the marquee and also recommended removing the overhead wiring on Bay Street. Jeff Eggleston, Manager of JJ's on the Bay, also supported the concept of removing the marquee and urged Council not to be anxious about developing a theme for downtown, just update the fagade of the buildings. AprilS, 2002 Page 4 of 5 Councilman Clauson clarified the Finance Committee has spent several months developing the proposed Police Rotational Tow List rules and regulations. He summarized the Finance Committee's review process, which included meeting with Mr. Chrey and owners of other tow companies, and assured Mr. Chrey and fellow Councilmembers that Mr. Chrey's concerns and issues were discussed in detail by the Finance Committee. On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted Ordinance No. 1828 establishing the Port Orchard Police Rotational Tow List and adopting rules and regulations for eligibility and participation with the effective date of June 22, 2002. Motion passed with 4 ayes and 2 nays. Councilmembers Cramer and Wyatt voting nay. Councilmembers Clauson, Morrison, Geiger, and Rider voting aye. On motion by Councilman Clauson, seconded by Councilman, Council approved the consent agenda items as follows: a. Minutes of the March 25, 2002 regular City Council meeting, as distributed and corrected. b. Approval of Claim Warrants Numbers 36821-36936 in the amount of $319,471.84 and March 2002 Payroll Warrants Numbers 136181-136289 and direct deposits in the amount of $391 ,217.81. c. Proposed Ordinance No. 1850 amending Ordinance f'Jo. 1738 et a! by deleting Condition ~Jo. 33 ... requirement for pedestrian access within Rockport Subdivision. d. Proposed Ordinance No. 1851 amending Ordinance No. 1739 et al by deleting Condition No.4 - requirement for pedestrian access within Aidan Place Subdivision. e. Proposed Ordinance No. 1853 vacating the westerly half of Farragut Avenue right of way, adjacent to tax parcel 4027-025-011-0005 (Platted as Prospect Court, petitioned by Donald and Francis Heng). f. Request by Police Chief Townsend to surplus the following items: 1988 Toyota Cressida VIN # JT2MX73E3J0141748; three Smith and Wesson model 45.06 .45 caliber weapons Serial #'s TZK5288; VAC0702; VAD5060 and one Smith and Wesson model 4516 .45 caliber weapon Serial #TEH2776. Councilman Morrison moved to direct city staff or City Attorney to prepare a revision to Resolution No. 1979 which establishes the policy for the display of banners from the marquee over Bay Street/SR166 by amending the selection criteria in Section 3 to clarify eligibility of organizations/events and also establishing a sunset date stating that effective January 1, 2003, the use of banners over Bay Street/SR166 will discontinue, seconded by Councilman Geiger. Motion failed with 3 ayes and 3 nays. Mayor Weatherill broke tie vote by voting nay. Councilmembers Clauson, Cramer, and Rider voting nay. Councilmembers Morrison, Wyatt, and Geiger voting aye. On motion by Councilman Morrison, seconded by Councilman Clauson, Council directed city staff or City Attorney to prepare a revision to Resolution No. 1979 establishing a policy for the display of banners from the marquee over Bay Street!SR166 by amending the selection criteria in Section 3 to clarify eligibility of organizations/events. Motion passed unanimously with 6 ayes. On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized issuance of a carnival license to Bob Morehouse, representing Fathoms 0' Fun, to allow a carnival located at the South Kitsap Mall, April 25-28, 2002, with the following conditions: See attachment "A" AprilS, 2002 Page 5 of 5 On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 1973 repealing Resolution No. 1908 relating to parking within the city limits to implement the following revisions: • No parking allowed on the right-hand side, as the traffic flows on the one-way portion of Lowren Street; No parking allowed on the right-hand side, as the traffic flows on the one-way portion of Sprague Street; • 30-minute parking from eight AM to eight PM on any day except Saturday, Sunday, and federal holidays along the green curb, in front of City Hall at 216 Prospect Street; Revisions to Section 7-Parking Time Limited on Certain City Parking Lots • Parking rates shall be as follows: o Public parking Pass daily: $2.00 per 12-hours o Public Parking Monthly Pass; $44.00 o Downtown merchant pass: $22.00 o Contractor's pass: $ 5.00 per day Effective January 1, 2003 parking rates are as follows: o Public parking pass daily: $2.50 per 12-hours, o Public parking Monthly Pass $55.00 o Downtown Merchant Passes $27.50 o Contractor's pass $ 5.00 • Effective January 1, 2004 parking rates are as follows: o Public parking pass daily $3.00 per 12-hours, o Public parking Monthly Pass $66.00 o Downtown Merchant Pass $33.00 o Contractor's Pass $ 5.00 • Effective January 1, 2005 parking rates are as follows: o Public parking pass daily $3.50 per 12-hours, o Public parking Monthly Pass $77.00 o Downtown Merchant Pass $38.50 o Contractor's Pass $ 5.00 • Effective January 1, 2006 parking rates are as follows: o Public parking pass daily $4.00 per 12-hours, o Public parking Monthly Pass $88.00 o Downtown Merchant $44.00 o Contractor's Pass $ 5.00 Motion passed with 6 ayes. At 11 :05 PM Mayor Weatherill adjourned Council into Executive Session for 30 minutes to discuss pending litigation. At 11 :35 PM Mayor Weatherill reconvened Council into regular session and adjourned the City Council meeting. < .~ r, .. "" n _jr \c{ e-rlcltc {\A_c.'L.~'--v-'-0 Michelle Merlino, Deputy City Clerk r:L~ LESLIE J. WEATHERILL, MAYOR City of Port Orcliard April 11, 2002 Bob Morehouse 3205 Parakeet Lane Port Orchard, WA 98367 Dear Mr. Morehouse: PORT ORCHARD, WASHINGTON 98366 Attachment "A" April 8, 2002 Thank you for meeting with Chief Townsend and me on Wednesday, April 10, 2002. This letter is to document and confirm our discussion regarding conditions of approval for the Carnival License to Fathoms 0' Fun allowing a Carnival at the South Kitsap Mall April 25 through Aprii 28, 2002. The City Council has confirmed their conditional approval of your Carnival License. Approval of the Carnival License Application is conditioned upon compliance with the following: 1. Fire Department conditions: See attached Kitsap County Fire District 7 Plan Review notes listing comments and stipulations. 2. Required insurance certificates must be received a m1n1mum of ten (1 0) days) prior to opening of the Carnival. Insurance coverage with minimum $2,000,000 coverage must be maintained during scheduled events. 3. Carnival License fee of $400.00 (or $100.00 per day) must be paid prior to the opening of the carnival. 4. Fathoms 0' Fun shall confirm that the carnival company with whom they have contracted have a valid City of Port Orchard Business License. 5. Fathoms 0' Fun shall be responsible for compliance with Admissions Tax regulations including payment of applicable Admissions Tax. 6. Police Security: The Chief of Police reserves the right to determine appropriate number of officers required to maintain public safety and to adjust that as necessary depending upon time of day, day of week. Fathoms 0' Fun shall be responsible for all cost of law enforcement provided by the City as set forth in POMC 5.32.070. Fathoms 0' Fun may utilize private security personnel with the approval of a documented security plan by the Police Chief. 7. All financial obligations, including payment for city police security, resulting from this Carnival must be satisfied before approval of the june 27-July 4 Fathoms' of Fun Event If you have any questions, please feel free to contact my office (360) 876-4407. Sincere! , #A d ~:f A. . /IIVP icia~ erk cc: Mayor City Council Police Department, Chief Townsend Kitsap Fire District #7 Public Works (City Engineer) Finance Department (City Treasurer CITY HALL 216 Prospect Street Administration (360) 876-4407 FAX (360) 895-9029 MUNICIPAL COURT 216 Prospect Street (360) 876-1701 FAX (360) 895-3071 POLICE DEPARTMENT 546 Bay Street (360) 876-1700 FAX (360) 876-5546 PUBLIC WORKS DEPARTMENT 216 Prospect Street (360) 876-4991 FAX (360) 876-4980 --IViemo To: Pat Parks, City Clerk From: Greg Rogers, Fire Prevention Technician CC: Date: March 27, 2002 Re: C.athom's 0' Fun South Kitsap Mall Carnival Attachment "A" April 8, 2002 tv]'A 0 "' "'~, 700'1''1 t' I I\ ~ ~ -c. ... CITY OF POi·H ORCHARD CITY CLcR!<S OFFlCE The Kitsap County Fire District 7's Prevention/Education Office has completed a review of the application for public event that was dated received March 25,2002 for the Fathom's 0' Fun South Kitsap Mall Carnival, located at the South Kitsap Mall parking lot, and approves the plans with the following comments and stipulations: = The minimum acceptable fire extinguisher for the entire midway is a 5- pound, dry chemical, 2-A:10B:C extinguisher. Extinguishers shall be mounted in accessible locations and within a maximum of 75 feet of travel distance. • Concession stands shall have a 10 foot clearance from amusement rides or other ~Yc~~ Concession stands that use deep-fat fryers shall have a minimufu 40-B:C fire extinguisher or a Class K type extinguisher. • Fire department access around the area must consist of the following: Page 1 of 2 The unobstructed width of a fire apparatus access road shall be not less than 20 feet. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions or the turning around of fire apparatus. Attachment "A" April 8, 2002 On-site fueling of any rides or equipment shall be conducted after normal operating hours and only when the ride is not in use. • Flammable and combustible liquids shall not be discharged or released on sidewalks, streets, highways, drainage canals, ditches, storm drains, sewers, flood-control channels, lakes, rivers, tidal waterways, or the grouncL ., A final inspection of the carnival will be required before opening, by a member of the Fire District 7 Prevention/Education office. All requests for inspections must be made to the Fire District 7 Prevention/Education Office at least two business days in advance. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 876-3801. Sincerely, Greg D. Rogers Fire Prevention Tech. Page 2 of 2