05/13/2002 - Regular - MinutesPort Orchard, Washington
May 13,2002
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 Engineer Curies, City Planner Wenman, City
Attorney Amann, Deputy Clerk Merlino, and City Clerk Parks.
Councilman Cramer led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Gil Michael, 228 Seattle Avenue, requested the City Council invite City of Bremerton Mayor Bozeman to
meet with the City Council and City Planning Commission to update them on Bremerton's visions and future
goals. Mayor Weatherill thanked Mr. Michael for his suggestion.
City Engineer Curies brought Council up to date on the reconfiguration of Waterfront Parking Lot No. 4. City
Engineer Curies discussed the usage of the city's waterfront parking lots. The Parking Enforcement Officers
completed a survey, which demonstrated that Lot No. 1 (which lies between Orchard Street and Frederick
Street) has only been half utilized; Lot No. 2 (which lies between Frederick Street and Sidney Avenue) has
not been fully utilized and at one count 27 spaces were open; Lot No. 4 (lies east of the library property line)
has a 100% utilization rate. In conclusion it appears the hourly parking lots were not being fully utilized.
Janis Kelley, local resident and Seattle commuter, expressed a concern with taking away commuter parking
and encouraged the Council to be more creative and not so restricting in the downtown parking lots.
Kim Abel, 338 Goldenrod, suggested better signage at the waterfront parking lots advising citizens of the
time designations for each parking lot.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City Engineer
to redesignate the most westerly row of Lot No. 4 from 12 hour paid parking to two hour parking.
Jeff Eggleston, JJ's By the Bay Restaurant Manager, thanked the Mayor and Council for reallocating some
of the paid parking in waterfront parking Lot No. 4 to two hour parking to support local businesses.
City Engineer Curies presented the proposed Lease Agreement between the City of Port Orchard and
Peninsula Feed Company to lease 25' x 200' right-of-way in the northeast corner of Harrison Avenue and
Bay Street intersection. (Notice of Intent to lease this right-of-way was published in the Port Orchard
Independent on April 24, 2002; May 1, 2002; and May 8, 2002 as required by RCW 35.23.452).
City Engineer Curies made the following clarification for the record:
• The lease amount on the proposed Lease Agreement is based on the Department of Natural
Resources (DNR) lease formula; and
• The State Highway Department is opposed to a left turn onto Bay Street due to limited sight
distance.
The City Attorney also clarified for the record the city is allowed to lease a portion of city right-of-way, as
long as it is not deemed necessary to the needs of the city.
Jeff Eggleston, JJ's By The Bay Restaurant Manager, questioned whether Peninsula Feed Company could
stripe the proposed leased area and sublet the parking spaces. He also voiced opposition to Peninsula
Feed being allowed to utilize the area for merchandise displays and/or subleasing parking spaces.
May 13,2002
Page 2 of 4
Fred Chang, 319 Sidney Avenue, suggested Peninsula Feed Company move the display storage sheds to
the east side of the property.
Joe Mentor, downtown property owner, made the following suggestions to the Council regarding the
proposed lease:
• Move the display storage sheds on Peninsula Feed Company's property to the east side of their
property;
• Create angle parking on the proposed leased allowing for all patrons visiting downtown Port
Orchard additional parking spaces;
Realign traffic flow on Harrison Avenue.
Mr. Mentor spoke in opposition to the proposed lease agreement to Peninsula Feed Company and urged
Council to deny this lease agreement.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 1976
declaring a portion of Harrison Avenue right-of-way as not necessary for city purposes, and authorizing the
Mayor to sign a Lease Agreement between the City of Port Orchard and Peninsula Feed Company to lease
a 25' x 200' portion of public right-of-way in the northeast corner of Harrison Avenue and Bay Street
intersection.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved Ordinance No.
1856 amending Port Orchard Municipal Code 5.32.070 providing for policing relating to the licensing for
carnivals and circuses.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved Ordinance No.
1857 amending Port Orchard Municipal Code 5.78 Garbage Utility Business and Occupation Tax to include
the definition of "Solid Waste".
City Engineer Curies reported on the Call for Bids for the Membrane Bioreactor Pre-Purchase. Bids were
opened May 9, 2002 at 4:00 PM. Two bids were received with the required bid bonds and
acknowledgement to Addendum 1, 2, and 3 as follows:
Zenon Environmental
US Filter
ENGINEER'S ESTIMATE
$2,592,812.00
$2,221,575.00
$3,425,000.00
City Engineer Curies reported that he and RH2 engineers are currently reviewing the bids for conformance
to specifications and anticipate presenting a recommendation at the May 28, 2002 or June 24, 2002 City
Council meeting.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the consent
agenda items as follows:
a. Minutes of the April 22, 2002 regular City Council meeting, as distributed and corrected.
b. Approval of Claim Warrants Numbers 37003-37124 in the amount of $173,292.29 and April 2002
Payroll Warrants Numbers 136290-136369 and direct deposits in the amount of $278,233.46.
c. Resolution No. 197 4 establishing the City Council Committees.
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d. Resolution No. 1975 confirming an approval of an application for exemption from the height
restriction imposed by the View Protection Ordinance No. 1785 affecting the single family
residence located at 1219 Dogwood Hill Road.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Application for
Public Event for Fathoms 0' Fun Carnival scheduled June 27, 2002 through July 7, 2002 and Fathoms 0'
Fun Parade scheduled June 29, 2002 with conditions as recommended by departmental staff.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City Engineer
to re-designate the existing 14 free 4-hour parking spaces located in Lot No.4, which lies east of the library
property line to 2-hour parking.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the installation of an
infiltration trench located in the Farragut Avenue right-of-way with the condition it is designed by a qualified
engineer and the engineer confirms that it will not affect the stability of the right-of-way and any other slope.
Councilman Clauson distributed flyers announcing the Mosquito Fleet Historical Monument Dedication at
the Port Orchard VVaterfront Park, Tuesday, ~Jlay 28, 2002 at 6:30 P~v1 and encouraged everyone to attend.
Councilman Clauson discussed the proposed lnterlocal Agreement, which would authorize the City of Port
Orchard to provide sewer seNice to the Port of Bremerton and the South Kitsap Industrial Area (SKIA).
Councilman Clauson reported the Port of Bremerton concurs with the terms and conditions of the
agreement and will sign the document after concurrence by the City. Councilman Clauson commented this
proposed agreement has been reviewed by the Water/Sewer Committee and is recommending approval.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
sign the lnterlocal Agreement for the City of Port Orchard to provide sewer seNice to the Port of Bremerton
and the South Kitsap Industrial Area.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the City Engineer
to contract with Cosmopolitan Engineering for the Mixing Zone Study Update for the expansion of the Sewer
Treatment Facility with the condition the contract amount not to exceed $7,420.00.
City Planner Wenman gave staff report on Growth Management Committee meeting outlining a proposal to
amend a portion of the zoning ordinance to allow social seNices in an employment/industrial zone as a
permitted use. Currently social seNices are allowed under a conditional use. Staff is at a quandary on what
conditions would be appropriate. The Growth Management Committee will be discussing this issue further
at their next meeting.
On motion by Councilman Rider, seconded by Councilman Wyatt, Council authorized the City Engineer to
accept the low bid and proceed with the demolition of the single-family residence located at 1280 Dogwood
Hill, with the demolition not to exceed $4,000. This house was determined to be a dangerous building
pursuant to the Uniform Building Code.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City
Engineer to seek an appraisal for property located at Mitchell Point. Motion passed with 6 ayes.
Councilman Morrison refrained from voting due to a conflict of interest.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the City
Engineer to send out a suNey, which will generate public input the next Comprehensive Parks Plan, in lieu
of the July City of Port Orchard Newsletter.
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Councilwoman Powers moved to authorize use of the Tacoma Street Tennis Courts by Kitsap County Parks
and Recreation Department between 4:30 p.m. and 7:30 p.m. two days a week from June 2002 through
September 2002. The Parks and Recreation Department will be holding tennis classes for youth and adults.
Motion seconded by Councilman Clauson and carried unanimously.
On motion by Councilwoman Powers, seconded by Councilman Cramer, Council authorized a Temporary
Use Permit to Richard and Helen Sherburne at 1365 Pottery Avenue allowing them to have guests stay in
their recreational vehicle until September 15, 2002 to help care for Mrs. Sherburne after her surgery.
At 8:55 PM Mayor Weatherill adjourned Council into Executive Session for 10 minutes to discuss contract
negotiation and extended discussion for another 25 minutes.
At 9:30 PM Mayor Weatherill reconvened Council into regular session.
On motion by Councilman Geiger, seconded by Council members Clauson and Morrison, Council
unanimously approved the lnterlocal Fire Agreement between the City and Kitsap Fire District No. 7
addressing annexation transition issues and authorized ~J1ayor \AJeatheril! the sign ,8 \greement.
Councilman Rider, representing the Grovvth Management Committee, asked for input from fellow council
members on the question of whether social service offices should be a permitted use in an
employment/industrial zone. After a lengthy discussion on appropriate uses of the industrial space, while
the City's elected officials are pro-business, it was the consensus that industrial zone space in Port
Orchard is very limited and should be preserved for industrial uses.
At 9:38 PM Mayor Weatherill adjourned the meeting.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR