04/22/2002 - Regular - MinutesPort Orchard, Washington
April 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: 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 Citv 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. No audience comments
were received at this time.
Councilwoman Powers moved to approve Ordinance No. 1855 amending Port Orchard Municipal Code
Section 17.040.030, 17.04.040. 17.04.050, 17.04.060, and 17.04.070 and adding a new section
17.04.1 05, regarding regulations for mobile home parks within the city limits, seconded by Councilman
Morrison.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council unanimously approved an
amending motion to strike the word "free" from Subsection 3(1) and Subsection 3(2) as follows:
17.04.050 Inspection of Mobile Home Parks.
(1) The health officer and his or her agent are authorized and directed to
make inspections of mobile home parks and mobile homes as are necessary to
determine satisfactory compliance with health regulations and shall have fFee
access to such premises at reasonable times for the purpose of inspection.
(2) The City Building Official and his or her agent are authorized and
directed to make inspections of mobile home parks and mobile homes as are
necessary to determine satisfactory compliance with City regulations and shall
have fFee access to such premises at reasonable times for the purpose of
inspection.
Council unanimously approved the original motion, as amended, approving Ordinance No. 1855
amending Port Orchard Municipal Code Section 17.040.030, 17.04.040. 17.04.050, 17.04.060, and
17.04.070 and adding a new section 17.04.1 05, regarding regulations for mobile home parks within the
city limits and striking the word "free" from Subsection 3(1) and Subsection 3(2).
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for exemption for property
located at 1219 Dogwood Hill Road from the View Protection Regulations, which were adopted by
Ordinance No. 1785 (Dave and Seanda Williams, property owners).
City Planner Wenman presented staff report regarding the request for an exemption from the View
Protection Regulation for property located at 1219 Dogwood Hill Road. Mr. Wenman stated the
applicants are proposing to add a second floor onto their existing residence on Dogwood Hill Road. City
Planner Wenman presented photos depicting views from the neighboring properties illustrating the
addition of a partial story onto the current structure would essentially have no significant view impacts to
the uphill neighbors.
Mark Wierenga, architect for the applicants, presented architectural drawing of the proposed structural
changes to the current residence and concurred with City Planner Wenman the proposed second floor
would not obstruct any of the uphill neighbors' views.
.1\pri! 22, 2002
Page 2 of4
Seanda Williams, applicant, advised they are trying to be respectful of all the neighboring properties by
not blocking any views. They are adding a bedroom and bathroom to enhance their current residence.
John Souza, 1307 Dogwood Hill Road, stated he does not object to the proposed second floor addition,
however did voice a concern with Dogwood Hill Road, which is privately owned and maintained. Mr.
Souza asked what traffic precautions or vehicle size limitations the city would impose on Dogwood Hill
Road. City Attorney Combs advised the city has no jurisdiction on private roads. Any road restrictions
would be between the property owners.
Dan Krehbiel, 1423 Dogwood Hill Road, has no objection to the second floor expansion, however asked if
the applicant could apply this exemption to their entire parcel. City Attorney Combs advised this is a
project specific exemption.
Mayor Weatherill called for further audience comments regarding an exemption from the View Protection
Regulations, for property located at 1219 Dogwood Hill Road. As no further comments were received,
Mayor Weatherill closed the public input portion of this Public Hearing and referred this matter to Council
for their consideration.
On motion by Councilman Rider, seconded by Councilman Wyatt, Council approved an exemption for
property located at 1219 Dogwood Hill Road from the View Protection Regulations, which were adopted
by Ordinance No. 1785, with the condition the project be "Site Project Plan Specific".
Mayor Weatherill presented proposed Ordinance granting Kitsap Public Utility District a non-exclusive
franchise to construct, maintain, operate, replace and repair a telecommunications system in the public
right-of-way.
Councilman Clauson advised this proposed ordinance is still being reviewed by the Telecommunication
Committee. The preliminary draft was structured to be a combined Franchise Ordinance and a Franchise
Agreement in one document. The Committee is restructuring the draft to provide for a Franchise
Ordinance, which will establish regulations and conditions with a Master Permit System. Each
organization desiring to place telecommunications equipment in city rights-of-way would submit a Master
Permit Application and be regulated by the same ordinance.
Mayor Weatherill asked for Council's concurrence on his appointment of Chris Mygatt to the Port Orchard
Library Board of Trustees. Chris Mygatt will fill the position, which was vacated recently by Kay Morrison
at the end of her second term. Ms. Mygatt's term will be from January 1, 2002-December 31, 2007.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council concurred with Mayor
Weatherill's appointment of Chris Mygatt to the Port Orchard Library Board of Trustees. Ms. Mygatt's
term will be from January 1, 2002-December 31, 2007
Councilman Clauson moved to reconsider motion (presented at the April 8, 2002 City Council meeting),
authorizing the City Engineer to proceed with the sale of the City's RV park property located at 2676
Harold Drive with the condition that funds received from the sale of the City's RV Park property be used
for city park property acquisition, seconded by Councilman Geiger. Motion to reconsider passed with 4
ayes and 3 nays. Council members Powers, Geiger, Morrison, and Clauson voting aye. Council
members Cramer, Rider and Wyatt voting nay.
After considerable discussion, Council denied motion (as presented at the April 8, 2002 City Council
meeting) authorizing the City Engineer to proceed with the sale of the City's RV park property located at
2676 Harold Drive with the condition that funds received from the sale of the City's RV Park property be
used for city park property acquisition. Council members Powers, Geiger, Morrison, and Clauson voting
aye. Council members Cramer, Rider, and Wyatt voting nay.
April 22, 2002
Page 3 of 4
Councilman Morrison moved to immediately discontinue the use of the City's RV Park located at 2676
Harold Drive as an overnight recreational facility and instructed the City Engineer to secure the road
access into the park by dusk each evening with the intention the park will be a day-use park only,
seconded by Councilman Clauson.
Councilman Clauson amended motion to refer the matter of future uses of the City Park located at 2676
Harold Drive to the Public Property Committee. The Committee is to make recommendations for
alternate uses for the City's Park located at 2676 Harold Drive, seconded by Councilwoman Powers.
Amendment to the motion passed with 4 ayes and 3 nays. Council members Clauson, Morrison, Powers,
and Geiger voting aye. Council members Cramer, Rider, and Wyatt voting nay.
Council approved the original motion, as amended to (1) immediately discontinue the recreational vehicle
use of the City's Park located at 2676 Harold Drive as an overnight facility and (2) instructed the City
Engineer to secure the road access into the park by dusk each evening with the intention the park will be
a day-use park only, and (3) refer the matter of future uses of the City's Park located at 2676 Harold
Drive to the Public Property Committee. The Committee is to make recommendations for alternate uses
for the City's Park located at 2676 Harold Drive. Original motion as amended passed with 4 ayes and 3
nays. Council members Clauson, Morrison, Powers, and Geiger voting aye. Council members Cramer,
Rider, and Wyatt voting nay.
On motion by Councilman Clauson, seconded by Councilman VVyatt, Council approved consent agenda
items as follows:
a. Minutes from the following City Council meetings:
(1) April 8, 2002 regular City Council meeting
(2) April 1, 2002 Study Session regarding telecommunications and fiber optics
b. Claim warrants numbered 36937-37002 in the amount of $100,908.41.
c. Authorize the Mayor to sign the "Federal Equitable Sharing Agreement" between Port Orchard
Police and the Department of Justice and the Department of the Treasury. The agreement
authorizes the Port Orchard Police to receive and share cash, property, or proceeds related to
seizures.
d. Approval for firework Stand permits as follows:
(1) Calvin Baines-1011 Bethel Ave. (Hi-joy Bowl)
(2) Rochelle Savage-South Kitsap Mall
(3) John Snell/Goldwing Road Riders-1434 Olney Ave. (Albertson's parking lot)
( 4) Mike White/Muster Team -1415 Olney Ave (Saar's Market Place parking lot)
At 8:40 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM.
Councilman Clauson recommended inviting a representative from Kitsap Regional Coordinating Council
to discuss the Transportation Tax-Referendum 51, which will include a list of Kitsap Projects that will be
funded by the Referendum.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Public Event
Application for the Annual Collector Car Auction, to be located at the Kitsap Bank Parking lot adjacent to
Bank Street from 7:00AM to 5:00PM, Sunday, August 11, 2002. This event is a subsidiary event of the
2002 Cruz Car Show event.
April 22, 2002
Page 4 of 4
On motion by Councilman Clauson, seconded by Councilman Cramer, Council conditionally approved the
Classic Car Cruz-In Public Event Application. Approval authorizes reserved parking on the north and
sides of the 600 -700 blocks of Bay Street with reserve parking fees waived. Approval is conditioned
upon applicant modifying the start time to 6:00PM (from the requested 5:00PM start time). Motion passed
with 5 ayes and 2 nays. Council members Morrison and Geiger voting nay.
Mayor Weatherill requested Council's concurrence on an approximate $200.00 expenditure for
reproducing color brochures illustrating the three conceptual designs (Schemes A, B & C) of the Bay
Street Marquee. The color brochures will be inserts in the Bay Street Marquee Survey, which will be sent
to Bay Street property owners and merchants.
On motion by Councilman Cramer, seconded by Councilman Geiger, Council approved the $200.00
expenditure for reproducing color brochures illustrating Scheme A-referred to as Light Touch which keeps
the marquee with minor improvements and Scheme C-referred to as Heavy Touch which removes the
marquee and dresses up the buildings and also to include the estimated cost for Scheme A and C, as
provided by the architects Rice Fergus. Motion passed with 4 ayes and 3 nays. Council members,
Cramer, Rider, Wyatt, and Clauson voting aye. Council members Powers, Geiger, and Morrison voting
nay.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council directed staff to prepare a
draft ordinance to amend Port Orchard Municipal Code 5.32.070 "Providing for Policing" relating to
carnivals and circuses by striking the vvords "all vvithout cost to the city."
On motion by Councilman Geiger, seconded by Councilman Cramer, Council denied Kitsap Regional
Coordinating Council's request for an additional expenditure of $300.00 to fund an additional KRCC
administrative support staff member.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council declared as surplus
AutoCAD 10 (Fixed Asset No. 200016) from the Engineering/Building/Planning Department as surplus
and authorized the City Engineer to dispose of this item in the best interest of the city.
At 10:00 PM Mayor Weatherill adjourned the meeting.
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Michelle Merlino, Deputy City Clerk ~' . WEATHERILL, MAYOR