04/09/2001 - Regular - MinutesPort Orchard, Washington
April 9, 2001
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, Morrison, Wyatt, Geiger, VanZee,
and Stansbery. Councilwoman Powers excused. Staff present: City Clerk Parks, Deputy Clerk Merlino,
Police Chief Townsend, City Planner Wenman, City Engineer Curies, and City Attorney Amann.
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.
Ron Rice, Briarkirk Enterprises, Inc., presented and read letter requesting a permanent amusement
show/dance designation in accordance with Port Orchard Municipal Code Chapter 5.20. Mayor Weatherill
advised this request requires scheduling a Public Hearing, and advised Mr. Rice, he will be notified of the
date and time of this Public Hearing.
City Engineer Curies introduced, Glynis Casey the new Assistant City Planner and Deanna Cole the new
Assistant City Engineer.
Mary McClure representing Kitsap Regional Coordinating Council, presented a schematic of the KRCC
Policy Board and reviewed the structures of each committee. In conclusion Ms. McClure asked for
Council's concurrence and Mayor Weatherill's signature on the Kitsap Regional Coordinating Council's
lnterlocal Agreement.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized Mayor Weatherill to
sign Kitsap Regional Coordinating Council's lnterlocal Agreement.
Mayor Weatherill opened the 7:30 PM Public Hearing regarding an application of a Shoreline Substantial
Development Permit and a Conditional Use Permit to redevelop an existing commercial center to include a
mini-mart/fuel station within 200 feet of the shoreline of Blackjack Creek. Application submitted by Kaz
Soung, LLC, owner and contract purchaser. LEGAL DESCRIPTION: Located west of and adjacent to
Bethel Road SE and south of and adjacent to Maple Street in portions of Block 2, "Manowski's First Addition~
to Sidney", recorded in Volume 2 of Plats, page 41 and situated in Section 25, Township 24 North, Range 1
East, Willamette Meridian in Kitsap County, Washington.
City Planner Wenman gave staff report on the proposal and illustrated on a map the proposed site plan,
proposed improvements to Bethel Avenue, stormwater and landscape. In summary, City Planner Wenman
stated the proposed project meets the requirements of the Shoreline Master Plan, the Critical Area
Ordinance, and all land use goals and policies.
Mayor Weatherill asked for audience comments either for or against the proposed application of a Shoreline
SLI_~st~m~iC!I_Pevelopme_nt P~_!!lit_ ~_n_9/or Conditional Use Permit to redevelop an existing _cornm!3.rGl<:~l cent!"lr
to include a mini-mart/fuaL~tatiQn_within 2QQ feet of the shoreline of Blackjack Creek.
Norm Olson, N.L. Olson and Associates representing applicant, discussed in detail the proposed storm
water drainage system; improvements to the appearance of the current complex; ingress and egress along
Bethel Avenue and Maple Street and sidewalk improvements along Bethel Avenue and Maple Street. Mr.
Olson confirmed the applicant has agreed to meet all conditions of approval as recommended by city staff.
Fred Chang, 319 Sidney Avenue, encouraged the applicant to reconsider his application since there is
already a fuel station located adjacent to his proposed redevelopment project.
Gil Michael, 228 Seattle Avenue, expressed a concern with the decrease in parking at the proposed
complex and also recommended applicant provide for future widening of Bethel Avenue. '
April 9, 2001
Page 2 of?
Ron Rider, owner of Harborside Bar and Grill, stated parking is a problem throughout the city and this
should not be the reason for denying this application.
Mayor Weatherill called for additional audience comments either for or against the proposed application for
a Shoreline Substantial Development Permit and/or Conditional Use Permit to redevelop an existing
commercial center to include a mini-mart/fuel station within 200 feet of the shoreline of Blackjack Creek. As
no further response was 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 Morrison, seconded by Councilman VanZee, Council approved the Shoreline
Substantial Development Permit and Conditional Use Permit to redevelop an existing commercial center to
include a mini-mart/fuel station within 200 feet of the shoreline of Blackjack Creek with the following 28
conditions:
A. PLANNING:
1. All project proposals are subject to the conditions of approval for all required permits, unless modified
herein.
2. The applicant shall demonstrate how large tanker trucks will access the site and provide product on a
regular basis.
3. Building plans shall be submitted to the city for architectural review to ensure that it is designed to be
attractive and unobtrusive (i.e. cutouts, cantilevers, etc.).
4. A final Landscape Plan comprised of native/indigenous species and including street trees along
Maple Street shall be submitted and approved.
5. The portion of the site along Maple Street shall be revegetated utilizing the guidelines of a Habitat
Management Plan as set forth in Chapter 3 Section 3(2}(a) of the Critical Areas Ordinance. This
plan shall provide a filtered screen of the existing and proposed buildings and lights.
6. Enhancement of existing landscaping throughout the site shall include a mix of evergreen shrubs
and conifers, with a mix of deciduous native street trees.
7. The applicant should propose a water quality-monitoring program.
8. The applicant should propose an Oil Spill Containment and Recovery Emergency Management Plan
that demonstrates the methods for on-site mitigation of water or soil contamination caused by
emergencies or incidental spills to be approved by engineering and the fire department.
------------9~ny proposed lighting -shaiTbe --shielded-a-nd dTreieted--aw-ay -from-adjacent property and water
bodies.
B. ENGINEERING:
10. The stormwater system shall be designed and constructed to meet the standards that are in
effect at the time of the issuance of the building permits.
11. The stormwater system shall be designed by a professional engineer.
C. FIRE DISTRICT #7:
April 9, 2001
Page 3 of?
12. Buildings shall be constructed in accordance with the provisions of the Uniform Fire Code, and
the Uniform Building Code, as adopted and enforced by City of Port Orchard. All construction
shall be in accordance with Article 87, Fire Safety During Construction, Alteration or Demolition of
a Building.
13. Fire department access around the area and buildings must consist of the following:
14. The unobstructed width of a fire apparatus access road shall be not less than 20 feet.
15. 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.
16. The canopy over the gas dispensers and the building eaves allow for vertical clearance of not
less than 13 feet 6 inches in height.
17. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter
and 48 feet outside diameter.
18. Access roads less than 26 feet wide shall be marked as fire lanes on both sides of the street.
Access roads at least 26 feet wide but less than 32 feet wide shall have at least one side of the
road marked as a fire lane. Access roads at least 32 feet wide need not have fire lane markings.
19. Location of portable fire extinguisher with a minimum rating 2A-20BC being located and mounted
within 75 feet of the pumps. The minimum acceptable fire extinguisher for other areas of the
building is a 5 pound, dry chemical, ABC extinguisher. Extinguishers shall be mounted in
accessible locations, 3 to 5 feet above the floor and located so that an extinguisher is within 75
feet of travel distance from any point in the building.
20. A Rapid Access key box will be required because immediate access is necessary for life-saving
and firefighting purposes. Immediate access to the fire alarm panel is also required. The owner
will be required to provide keys to gain access to all portions of the building. The Rapid Access
box should be located adjacent to the main entrance unless the Fire District approves an
alternate location. An application for a Rapid Access box can be picked up at 200 Tremont Street
and should be returned directly to the Fire District.
21. Depth and covering of underground storage tanks shall be in accordance with section 7902.6.4 of
the Uniform Fire Code 1997. Also, covered in this section is the anchoring of the underground
tanks.
22. The tanks venting systems shall be provided with sufficient capacity to prevent blowback of vapor
or liquid at the fill opening when the tanks are being filled. Vent outlets shall be protected to
minimize the possibility of blockage from weather, snow, dirt, or nests.
23. Activation of the emergency shutdown devices shall stop the transfer of fuel to the dispensers.
Such devices shall be distinctly labeled EMERGENCY FUEL SHUTDOWN DEVICE; signs shall
be provided in approved locations.
April 9, 2001
Page 4 of 7
24. Smoking and open flames shall be prohibited in areas where fuel is dispensed. The engines of
vehicles being fueled shall be stopped. Signs prohibiting smoking, prohibiting dispensing into
unapproved containers, and requiring vehicle engines to be stopped during fueling shall be
conspicuously posted within sight of each dispenser.
25. 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 ground.
26. In the event of a spill, leak, or discharge from a tank system, a site assessment shall be
completed by the owner or operator of such tank system if the Fire District determines that a
potential fire or explosion hazard exists. Such site assessments shall be conducted to ascertain
potential fire hazards and shall be completed and submitted to the Fire District within a time
period established by the Fire District not to exceed 60 days.
27. Dumpsters shall not be located within 5 feet of combustible walls, openings or combustible roof
eave lines. The dumpster enclosure should be of non-combustible construction.
28. A final inspection of the occupancy will be required, by a member of the Fire District 7
Prevention/Education office, before a Certificate of Occupancy is issued from the City of Port
Orchard. All requests for inspections must be made to the Fire District 7 Prevention/Education
Office at least two business days in advance.
At 9:00 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:20 PM.
Mayor Weatherill opened the continued 7:35 PM Public Hearing relative to a Developers Extension
Agreement application, as submitted by Charles Childress, for Road B of Flower Meadows Subdivision.
City Engineer gave the staff report on the proposed Developers Extension Agreement for Road B of Flower
Meadows Subdivision. The cost for the DEA will be pro-rated based on the zone and termini method, as
provided for in WAC 35.44.040. City Engineer Curies gave the proposed breakdown of the cost allocations
as follows:
PROPERTY ACCOUNT NUMBER & WATER SEWER ROAD&STORM
OWNER ASSESSABLE UNIT OF $10.85/FT $15.44/FT $79.18/FT
FRONTAGE
Childress $5,077.80 $7,225.92 $37,056.24
520 feet 468 feet
Price 022301-2-015-20 $3,146.50 $4,477.60 $22,962.20
260 feet 290 feet
Sanford 022301-2-016-20 $3,146.50 $4,477.60 $22,962.20
260 feet 290 feet
Totals $11,370.80 $16,181.12 $82,980.64
Mayor Weatherill called for audience comments regarding the Developers Extension Agreement application,
as submitted by Charles Childress, for Road B of Flower Meadows Subdivision.
April9, 2001
Page 5 of 7
Mark Kuhlman, Team 4 Engineering, representing Mr. Childress advised he has reviewed the City
Engineer's proposed calculations using the zone and termini method and concurred with the figures as
presented in the staff report for Road B of the Flower Meadows Subdivision.
Ron Rice, 369 Sedgwick Road, spoke in favor the Developers Extension Agreement and indicated this is a
fair and equitable way to handle this situation.
Mayor Weatherill called for additional audience comments either for or against the proposed Developers
Extension Agreement application, as submitted by Charles Childress, for Road B of Flower Meadows
Subdivision. 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 Clauson, seconded by Councilman Wyatt, Council approved the Developers
Extension Agreement application, as submitted by Charles Childress for Road B of Flower Meadows
Subdivision.
Mayor Weatherill opened the continued 7:40 PM Public Hearing relative to a Developers Extension
Agreement application, as submitted by Charles Childress, for Road D of Flower Meadows Subdivision.
City Engineer gave the staff report on the proposed Developers Extension Agreement for Road D of Flower
Meadows Subdivision. The cost for the DEA will be pro-rated based on the zone and termini method, as
provided for in WAC 35.44.040. City Engineer Curies gave the proposed breakdown of the cost allocations
as follows:
PROPERTY ACCOUNT NUMBER & WATER SEWER ROAD&STORM
OWNER ASSESSBALE UNITS OF $13.82/FT $20.68/FT $87.35/FT
FRONTAGE
Childress $6,592.14 $9,864.36 $41,665.95
485 feet 477 feet
Wolcott 022301-2-023-20 $5,652.38 $8,458.12 $35,726.15
485 feet 409 feet
Totals $12,244.52 $18,322.48 $77,392.10
Mayor Weatherill called for audience comments regarding the Developers Extension Agreement application,
as submitted by Charles Childress, for Road D of Flower Meadows Subdivision.
Mark Kuhlman, Team 4 Engineering, representing Mr. Childress advised he has reviewed the City
. -·----· · -·---~ngineer~s-pmpose<;l-calculations.-usir:~g-the-zor:~e-and-termini-method-and.concurred.with .the figures as -
presented in the staff report for Road D of the Flower Meadows Subdivision. Mr. Kuhlman also clarified the
figures presented for Road B and D of Flower Meadows Subdivision are only estimates and if the final
numbers differ by 1 0% the City Council has the discretion to reopen these Public Hearings for further
consideration.
Mike Blacknall, speaking on behalf of Mr. and Mrs. Wolcott, 2255 S. Flower Avenue, requested the Council
review the proposed cost allocations for water, sewer, and road and storm designations and base their
decision on the number of houses served instead of the zone and termini method.
April 9, 2001
Page 6 of?
Mark Kuhlman, speaking for proponent, stated the zone and termini method, as provided for in WAC
35.44.040 is fair and equitable for all parties. He referenced costs incurred by the developer that are not
subject to any cost sharing with adjoining property owners.
Mike Blacknall, speaking on behalf of Mr. and Mrs. Wolcott, 2255 S. Flower Avenue, stated the Wolcott's
are not the developer of the proposed project and feel they have already paid their fair share for the sewer
system.
Mayor Weatherill called for additional audience comments either for or against the proposed Developers
Extension Agreement application, as submitted by Charles Childress, for Road D of Flower Meadows
Subdivision. 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 Clauson, seconded by Councilman Stansbery, Council approved the Developers
Extension Agreement application, as submitted by Charles Childress for Road D of Flower Meadows
Subdivision.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 1932
authorizing the obligation of funding for the intersection improvements at SR166 (Bay Street) and Frederick
Avenue.
On motion by Councilman Geiger, seconded by Councilman VanZee, Council authorized the Mayor to sign
lnterlocal Agreement with Office of the Administrator for the Municipal Courts for 2001 Equipment
Replacement Project, resulting in reimbursement to the city of up to $6,500.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign
an extension to Gary Hulbert's Personnel Services Contract from March 31, 2001 to May 15, 2001 to
provide additional time for completion of Salary Survey, at no additional cost.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the consent
agenda items as follows:
a. Minutes of the March 26, 2001 City Council meeting.
b. Approval of Claim Warrants Numbers 34735-34851 in the amount of $425,971.25 and
March 2001 Payroll Warrants Numbers 135112-135213 and direct deposits in the amount
of $344,357.36.
c. Revised Application for Public Event -Kitsap Chiropractic's Run in the Sun -May 19,
2001.
on mofion-oyCouncllrrfc:in-I'VIornsori, seconcrecro-srcauncilman--clausorf,· Col.lncn-appro\tEfd~tfferA-ppl icatil:rn-~---~--
for Public Event, submitted by the Port Orchard South Kitsap Chamber of Commerce for the Great Ball
Race -Sunday, August 12, 2001 to be located on Cline Avenue between Division Street and Kitsap
Street.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the funding of an
additional $10,000.00 to RH2 Engineering for increased research in the selection of centrifuges for the
Wastewater Treatment Facility.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized an expenditure
of up to $2,000 to purchase paint for the marquee painting project, with the understanding each business
April 9, 2001
Page 7 of?
will remove their business sign, so the entire marquee can be painted. Bay Street merchants will provide
labor to paint the marquee at no additional cost to the city.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to
sign Change Order No. 1 for the Tremont/Port Orchard Boulevard Traffic Signal in the amount of $191.91.
Motion passed with 5 ayes and 1 no. Councilman Van Zee voting no.
On motion by Councilman Van Zee, seconded by Councilman Clauson, Council extended for an
additional year, the City Hall Janitorial Service Contract with Golden Globe Janitorial Services, contract
will expire on May 31, 2001.
At 10:21 PM Mayor Weatherill adjourned meeting.
"---nuelte_QQQ~Mo
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR