05/28/2002 - Regular - MinutesPort Orchard, Washington
May 28,2002
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30 P.M.
at City Hail, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Rider, and
Cramer. Councilwoman Powers absent. Staff present: Police Chief Townsend, City Planner Wenman, City
Engineer l-1 JriP.s, City AttornP.y Angela Olsen, Deputy Clerk Merlino. and City Clerk Parks.
Councilman Rider led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council excused Councilwoman
Powers from this Council meeting.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Warren Adams, 2205 South Flower Avenue, expressed his appreciation with the City's adoption of the new
rules and regulations regarding Mobile Home Parks, however voiced a concern regarding safety specifically
with fire department access in and around the mobile homes.
Howard Allnutt, Real Estate Agent, representing West Sound Treatment Center, addressed Council
concerning the purchasing of Lot #6 in the Port Orchard Industrial Park. Mr. Allnutt asked for a
modification to the zoning ordinance, which would allow Social Service Clinics as a permitted use in the
Employment-Industrial/Office Zone designation of the Zoning Ordinance.
John Wise, General Director, West Sound Treatment Center, discussed the relocation of the facility,
stating the Industrial Park is better suited for their facility, since it is not located within a residential area.
Mr. Wise commented West Sound Treatment Center was awarded a Community Development Block
Grant, which will help in the development of this facility.
Fred DePee, Vice President, West Sound Treatment Center, also spoke in favor of the location of the
facility in the Industrial Park, specifically due to the location of the Juvenile Detention Facility, Work
Release Facility and access to Kitsap Transit. Mr. DePee further commented this facility will be utilized
for counseling services only and no physical or medical treatment will be conducted at this site.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No.
1859 amending the Port Orchard Zoning Ordinance No. 17 48; to allow Social Services Clinics as a
permitted use in Employment-Industrial/Office Zone.
Frank Haberlach, West Sound Treatment Center, Board Member, thanked the Mayor and Council for their
consideration on this matter.
Mayor Weatherill reopened the continued 7:35 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.
(Continued from March 25, 2002 City Council meeting).
Ward Muller, representing applicants, presented letter requesting an extension of the Public Hearing for
an additional 180 days to allow for further engineering and geotech studies.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council continued this Public
Hearing to August 26, 2002 at 7:35 PM, with the condition if the applicant needs additional review time,
the Public Hearing will be extended for an additional 90 days.
May 28,2002
Page 2 of 4
City Planner Wenman presented staff report illustrating a mapping error, which occurred during the
adoption of Ordinance No. 17 48 approving the 1998 Port Orchard Zoning Map. City Planner Wen man
stated a portion of the property addressed as 209-233 Farragut Avenue North was designated incorrectly
as R8 and should have reflected a R20 Residential Designation. The subject property has been
historically used for Multi-Family residential purpose and was authorized by Ordinance No. 1100 as part
of the existing multi-family apartment complex.
On motion by Councilman Clauson, seconded by Councilman Rider, Council approved Ordinance No.
1858 amending Port Orchard Zoning Ordinance No. 17 48 by amending the area and use maps thereof,
for the purpose of correcting a scrivener's mapping error for property located in the vicinity of 209-233
Farragut Avenue North.
Police Chief Townsend presented proposed lnterlocal Agreement between Kitsap Fire District #7 and the
City regarding Chaplain services to the City Police Department. Police Chief Townsend supported this
lnterlocal Agreement and urged the Council to approve this excellent service.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to
sign the lnterlocal Agreement between Kitsap Fire District #7 and City of Port Orchard regarding Chaplain
Services to City Police Department.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the Mayor to
sign the Kitsap County/City of Port Orchard Addendum to contract for Incarceration of City prisoners.
This addendum updates insurance language that is acceptable to AWC-RMSA, and updates term from
January 1, 2002 to December 31, 2002. The $62.00 per person rate is the same as prior year.
Mayor Weatherill and City Council removed item 4a. from Old Business (Alternative uses for City Park
located at 2676 Harold Drive.) This matter will continue to be researched by the Public Property
Committee.
Mayor Weatherill referred to the continued Council deliberation regarding reconsideration of SUP-1021
for property located at 207 Rockwell Avenue, property owner James H. Sullivan, PhD. (Continued from
February 25, 2002 City Council meeting.)
City Attorney Olsen advised the continued Council deliberation, regarding reconsideration of SUP-1 021
for property located at 207 Rockwell Avenue, needs to be continued to a date certain to allow for proper
public notification.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council continued further
deliberation regarding reconsideration of SUP-1 021 for property located at 207 Rockwell Avenue to June
24, 2002 at 7:35 PM.
Councilman Rider, Growth Management Committee Chair, presented the Committee's recommendations
regarding Special Use Permits. Committee recommendations are as follows:
• Chapter 4, Section 10 of the Zoning Ordinance delete the requirement that a legal non-
conforming use may expand only by a maximum of 24% of the Assessor's assessed value.
e Chapter 4, Section 10 (2) -include a new provision that states "Expansion of legal non-
conforming uses be limited to the parcel that the permit was granted".
The Committee requested the City Planner prepare an ordinance implementing these recommendations.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved consent agenda
items as follows:
a. Minutes from the May 13, 2002 regular City Council meeting.
b. Claim warrants numbered 37125-37188 in the amount of $63,908.09.
May 28, 2002
Page 3 of4
c. Resolution No. 1977 approving Conditional Use Permit No. 004-01 regarding the Blackjack Creek
Casino.
d. Resolution No. 1978 authorizing the signing of the Agreement between the City of Port Orr.h8rd
and Fire District No. 7.
City Clerk Parks reported on the Settlement Offer received from Association of Washington Cities, in regards
to the April 30, 2002 fire damage to the Red Barn located at 900 Mitchell Avenue. The offer is as follows:
• $17,000.00 Building Structure
$20,743.61 Demolition Cost
• $18,783.68 Business Property Loss
$56,527.29 TOTAL SETTLEMENT OFFER
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the City Clerk to
accept the Settlement Offer from the Association of Washington Cities in the amount of $56,527.29 for the
April 30, 2002 fire damage to the Red Barn located at 900 Mitchell Avenue.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No.
1979 repealing Resolution No. 1973 relating to parking within the city limits to implement the following
revisions:
• Changing parking spaces near the former municipal court building (736 Prospect Street) from 4-
hour to 2-hour parking to allow more space availability for the businesses in that area;
Placing a 4-hour time limitation on the parking in front of the new apartments at 219 Tracy
Avenue to keep students and other people from parking all day;
• Changing the 4-hour parking in Lot #4 to 2-hour and changing one row of paid parking to 2-hour
between the Port Orchard Library (87 Sidney Avenue) and JJ's By the Bay (1 00 Harrision
Avenue).
Instead of gradually increasing the parking fees to $4.00 per 12-hour shift by 2006, the $4.00
charge will be effective January 1, 2003.
Councilman Clauson presented request by McCormick Wood Homeowners Association asking for the
water surcharge to be reduced from 50% to 25%. Councilman Clauson advised City Staff reviewed this
request and it has been determined the surcharge is needed.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council denied the request from the
McCormick Woods Homeowners Association requesting the water surcharge be reduced from 50% to
25%.
Councilman Clauson discussed the Cost Reimbursement Program for McCormick Woods. McCormick
Land Company and the City are investigating this program to have two McCormick Woods ground water
applications processed.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City to pay
one half of the computer model efforts, up to $15,000, as long as this model can be used for future City
endeavors in this basin. Council further authorized the City to pay 1/3 of the next phase of cost
reimbursement efforts, limited to $5,700, since the City's application is for 150 GPM and the McCormick
Woods application is for 400 GPM.
May 28,2002
Page 4 of 4
Mary McClure, Executive Director, Kitsap Regional Coordinating Council, presented Council with a Jist of
projects to be funded through Referendum 51 over the next 10 years. Ms. McClure discussed in detail
each of the projects. Ms. McClure stated the taxes that Referendum 51 introduces are all user taxes,
• $.9 cent gasoline increase tax;
• 1% sales tax on vehicle sales;
• 30% gross weight fee for vehicles over 10,000 pounds.
Ms. McClure commented user taxes are more acceptable to the citizens the general taxes. In conclusion,
Ms. McClure thanked the Mayor and Council for allowing her to discuss Referendum 51.
City Engineer Curies advised the Bethel Avenue Paving Project may have about 500 tons of asphalt
remaining that can be used on other streets, and recommended paving the south portion of Hull Avenue
and Sherman Avenue.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City
Engineer to pave the south portion of Hull Avenue and Sherman Avenue to the intersection of Melcher
and Sherman Avenue.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the City
Engineer to award the Alley Improvement Projects to Case Excavating.
Councilman Geiger moved to keep the review and planning stages of the Marquee Survey at the City
Council level and further study this matter during the 2003 budget proposals, seconded by Councilman
Clauson. Motion failed with 2 ayes and 4 nays. Councilmembers Clauson, Wyatt, Rider and Cramer
voting nay. Councilmembers Morrison and Geiger voting aye.
City Engineer Curies discussed a contradiction within the zoning ordinance regarding Subdivisions and
Planned Residential Developments. City Engineer Curies recommended an ordinance be approved to
delete two footnotes within the current zoning ordinance, which will help restore the relationship of a
Planned Residential Development and Subdivision.
Councilman Wyatt moved to approve Ordinance No. 1860 amending Zoning Ordinance No. 17 48 to
clarify Planned Residential Development Criteria, seconded by Councilman Cramer.
On motion by Councilman Wyatt, seconded by Councilman Cramer, Council tabled motion, to approve,
Ordinance No. 1860 amending Zoning Ordinance No. 17 48 to clarify Planned Residential Development
Criteria, for further review.
City Engineer Curies advised Council of the June 24, 2002 Public Hearing regarding the Six-Year
Transportation Improvement Program for the years 2003-2008.
At 9:20PM Mayor Weatherill adjourned the meeting.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR