05/14/2001 - Regular - MinutesPort Orchard, Washington
May 14, 2001
Council of the City of Port Orchard, Washington, called to regular session by Protem Mayor Geiger at 7:30 P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Powers, Van
Zee, and Stansbery. Staff present: City Clerk Parks, Deputy Clerk Merlino, Police Chief Townsend, City
Planner Wen man, City Engineer Curies, and City Attorney Amann.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Protem Mayor Geiger asked for audience comments for items not listed on this agenda.
Art Mikelsen, a concerned resident, asked for Council consideration on placing a sign advising west bound
motorists to turn left at Pottery Avenue to reach the Group Health Facility. Councilman Morrison, StreeVAIIey
Chair, advised this matter has been recommended for approval by the Committee and will be discussed during
his Committee report.
Jamie D. Greening, Pastor, First Baptist Church, 2308 Sidney Avenue, advised the church will be undergoing
_ majur _capituL rep_airs_ and _remod_elingJh is_ summer and_ asked for C_ouncil~s_consideration_ on the_followiog two __ ..
requests.
1) Currently the city prohibits the parking of RV's at one location for more than 72 hours. Pastor
Greening is asking for a variance of the 72 hour parking limitation to allow the volunteer
building crew park their RV's at the church for a three to five week period, during the
construction.
2) Pastor Greening also asked on behalf of the First Baptist Church, permission to install a
temporary hook-up into the city sewer system for the RV's during the construction period.
Councilman Clauson, Water/Sewer Chair, advised the committee has recommended denial of the request to
install a temporary hookup into the city sewer system and recommended the First Baptist Church review the
option of parking the RV's at the city's RV park located at 2676 Harold Drive.
After further discussion, Councilman Wyatt moved to place this matter back into the Water/Sewer Committee to
review the variance of the 72 hour RV parking limitation, seconded by Councilman Morrison and carried.
Assistant Chief Wayne Senter, Fire District No. 7, presented a resolution, which has been adopted by the
Kitsap County Fire Chiefs Association supporting the countywide ban on the sale or use of common fireworks
beginning the month of June 2001.
Assistant Chief Senter advised City Council; due to the drought conditions in Kitsap County the Kitsap County
Fire Chiefs Association would like to development a fire danger plan and control all potentially dangerous
ignition sources. The plan is not to ban the sale or discharge of fireworks in the City of Port Orchard this year,
only to have in place a condition -if disaster proportions in Kitsap County continue to arise then the sale and
discharge of fireworks could potentially be discontinued.
Mary McClure representing Kitsap Regional Coordinating Council presented a handout, which illustrated the
overview of the Principles of Agreement for Revenue Sharing in Annexations and Major Land Use Decisions.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted the Principles of
Agreement for-Revenue Sharing in Annexations and Major Land Use Decisions.
Protem Mayor Geiger opened the 7:35 PM Public Hearing regarding Ron Rice Howling Wolf Amphitheater
seeking permanent Show/Dance Designation. (Designation exempts show/dance from license fees only).
Ron Rice, proponent, briefed Council on the past events at the Howling Wolf Amphitheater.
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Protem Mayor Geiger advised before the Howling Wolf Amphitheater can become a permanent Show/Dance
Designation the land use issues have to be addressed first.
City Clerk Parks clarified this Public Hearing process will only relieve the amphitheater from the fees associated
with the Dance/Amusement License.
Trevor Rice, 360 Sedgwick Road, spoke in favor of the Howling Wolf Amphitheater stating this gives the young
people in Port Orchard a safe place to meet.
Dawn libby, Theater Manager for Howling Wolf Amphitheater, also spoke in favor of the amphitheater.
Ron Ryder, Harborside Bar and Grill, questioned why his commercial establishment did not have to apply for a
Conditional Use Permit.
City Planner Wenman clarified due to the proximity of Blackjack Creek, parking issues anc;l the uniqueness of
this application (being an outdoor amphitheater), this application has raised many questions that still need to be
resolved.
Roland Knuutila, representing local musicians in the area, also spoke in favor of the Howling Wolf
Amphitheater.
City Clerk Parks read into record two letters regarding the Howling Wolf Amphitheater.
1) Letter from Lynn· M. Rasmussen, asking council to only consider granting a
permanent license if the activities occur within the confines of a building. If the
activities occur outdoors, Ms. Rasmussen would like the application postponed so
all concerned citizens of Port Orchard will be given proper notice.
2) Letter from David O'Brien, wrote in favor of the Howling Wolf Amphitheater
permanent amusement dance license.
Protem Mayor Geiger asked for further audience comments either for or against Ron Rice, Howling Wolf
Amphitheater seeking Permanent Show/Dance Designation. (Designation exempts show/dance from license
fees only). As no further comments were received, Protem Mayor Geiger closed the public input portion of the
Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council tabled this matter until after the
Land Use hearing which will consider the Howling Wolf Amphitheater as a permanent use.
Protem Mayor Geiger opened the 7:40 PM Public Hearing regarding a proposed modification to Condition #1 of
the revised Preliminary Planned Unit Development of Olney Business Center, Phase II, applicant, City of Port
Orchard. The project is located along Mile Hill Drive between Olney Avenue and Palmer Avenue (an
unimproved right-of-way).
City Planner Wen man gave staff report on the proposed modification to Condition #1, stating the approval was
originally approved by Kitsap County in 1989 by Resolution No. 192-1989. The project currently is now under
the jurisdiction of the City of Port Orchard. The request by the city is to delete condition #1 of the resolution,
and introduce a new condition to read as follows -the access from Mile Hill Drive shall be right in and right out
until otherwise directed by the City Engineer. Mr. Wenman also stated it would be appropriate to amend this
condition now allowing the City Engineer to consider design options associated with the Washington State
Department of Transportation pavement improvements.
May 14,2001
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Protem Mayor Geiger asked for audience comments regarding the modification to Condition #1 of the
Conditions of Approval for the Revised Preliminary Planned Unit Development of Olney Business Center,
Phase II.
Ron Ryder, 919 Prospect Street, spoke in favor of the modification and suggested a left turn lane onto Mile Hill
Drive would be appropriate.
Protem Mayor Geiger asked for audience comments regarding the modification to Condition #1 of the
Conditions of Approval for the Revised Preliminary Planned Unit Development of Olney Business Center,
Phase II. As no further comments were received, Protem Mayor Geiger closed the public input portion of the
Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council moved to allow the
modification to Condition #1 of the Conditions of Approval for the Revised Preliminary Pl?tnned Unit
Development of Olney Business Center, Phase II, granting discretion by the City Engineer to consider design
options associated with the Washington State Department of Transportation pavement improvements.
At 9:00 PM Protem Mayor Geiger called for a 10 minute recess with meeting reconvening at 9:10 PM.
Winton H. Read, Executive Director for the Kitsap Humane Society and Lead Officer Rance McEntyre, asked
for Council's concurrence on the proposed 2001 contract, which represents a 4% increase. Mr. Read
acknowledged the increase is associated with wages/benefits, however includes no utility surcharge, as did
Kitsap County. Mr. Read also acknowledged the two changes in the Service Agreement as follows:
o Animal Control Personnel will provide focus patrols in areas experiencing multiple complaints.
o With the permission of the property owner and at the request of an elderly or disabled or infirm city
resident, Kitsap Animal Control will set and retrieve trap(s) necessary to impound stray or injured
domestic animals.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the 2001 Animal
Control Services Agreement with the Kitsap County Humane Society.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to sign
the lnterlocal Cooperation Agreement between Kitsap County and the Cities of Bainbridge Island, Port
Orchard, Poulsbo to form consortium under the National Affordable Housing Act for three calendar years 2002-
2004 to allow Kitsap County to continue receiving HOME Investment Partnership and Community Development
Block Grant funds.
Phil McCormick, President, Bay Street Downtown Association, requested City Engineer inspect the Bay Street
Marquee for rotten timber before the painting of the marquee commences.
Council requested the City Engineer inspect the timber on the marquee then report to the Street/Alley
Committee the findings.
Councilwoman Powers, Public Property Chair reported on the committee's recommendation concerning Deb
Howard, Project Leadership Kitsap request for the city's support in placing a 20" x 20" bronze tile plaque in the
waterfront area, in recognition of the Mosquito Fleet.
On motion by Councilwoman Powers, Public Property Chair, seconded by Councilman Clauson, Council
··· approved-placing-the--2Q'!.x-20'l-bronze--tile-plaque-in recognition of the Mosquito Fleet, on the Port Orchard
May 14,2001
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waterfront, east of the guest moorage gate, north of the totem pole and west of the Horluck dock, exact location
between the two posts just east of the guest moorage gate.
Ron Jake, Bethel Towing Operations Manager, asked permission to attend the committee meeting regarding
the towing ordinance. Mr. Jake also stated since the towing ordinance is being reviewed by city staff he would
make the recommendation the towing ordinance not have any changes made to it or adopt the same zones
and classification of tow trucks as Kitsap County. Protem Geiger thanked Mr. Jake for his comments and
advised Mr. Jake, he will be contacted to attend the next committee meeting.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council approved the consent
agenda items as follows:
a. Minutes of the April 23, 2001 regular City Council meeting.
b. Approval of Claim Warrants Numbers 34921-35037 in the amount of $175,444.70 and April
2001 Payroll Warrants Numbers 135214-135290 and direct deposits in the amount of
$245,876.97.
c. Request following items be declared as surplus to the needs of the city and authorize
disposal in the best interest of the city: 1991 Chevrolet Caprice VIN# 1G1BL5374MR121470
(police vehicle), a ASTRA 9mm gun, Serial Number M1130, and a Konica 4291 copy
machine (Municipal Court).
d. Approval of Public Event Application, submitted by Stokes Auction regarding the181
h
Annual Antique Auto Action, August 12, 2001 located in Kitsap Bank employees parking
lot.
Councilman Morrison, Street/Alley Chair, reported on request by South Kitsap High School to modify parking
hours on Mitchell Avenue and remove the limited two hour parking on the west side of Mitchell Avenue to
allow all day parking for the students.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council denied request by South
Kitsap High School to modify parking hours on Mitchell Avenue and remove the limited two hour parking on
the west side of Mitchell Avenue to allow all day parking for the students. The City Council would
encourage the students at South Kitsap to seriously consider Commute Trip Reduction and an aggressive
use of Transit resources.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City Engineer
to amend Resolution No. 1854 regarding the policy for the use of speed humps. This approval increases the
daily average traffic count from 500 to 750 cars per day before a speed hump could be installed.
On motion by Councilman Morrison, Street/Alley Chair, seconded by Councilwoman Powers, Council
authorized the placement of a 4 x 4 post with the Group Health logo, on the sign, advising west bound
motorists to turn left at Pottery Avenue to reach the Group Health Facility.
On motion by Councilman Morrison, Street/Alley Chair, seconded by Councilman Wyatt, Council approved the
installation of a monument sign on public right of way -located at 2497 Bethel Avenue (Piper/Waldron
Building) contingent upon the following conditions:
o The sign shall be constructed as a monument sign, not to exceed 12 feet in height, and 90 sq. feet in sign
face area.
o The sign shall not adversely affect motorist's sight distance.
o The sign shall be removed at the owner's expense when future road improvements or other city
improvements require it.
May 14,2001
Page 5 of 5
o The owner shall list the city as an additional insured for any accidents or claims involving the sign. The
insurance coverage shall be at least coverage for $500,000 Bodily Injury and $500,000 Property Damage
or $1,000,000 Combined Bodily Injury and Property Damage.
On motion by Councilman Morrison, Street/Alley Chair, seconded by Councilman Wyatt, Council approved
request by Ron Rice to allow his monument sign to encroach 13 inches into the Sedgwick Road right-of-way -
located at 360 Sedgwick Road (Howling Wolf Amphitheater) contingent upon the following conditions:
o The sign shall not adversely affect motorist's sight distance.
o The sign shall be removed at the owner's expense when future road improvements or other city
improvements require it.
o The owner shall list the city as an additional insured for any accidents or claims involving the sign. The
insurance coverage shall be at least coverage for $500,000 Bodily Injury and $500,000 Property Damage
or $1,000,000 Combined Bodily Injury and Property Damage.
______ O=,_._n'-'m'-'-=o.:.ctio,_,n--'-,='b.Y Councilwoman Powers, seconded by Councilman Morrison, Council denied reguest by Rae,=le,_,__n,_,e __
Smyth to place a hot dog vending cart at the City/Kiwanis Waterfront Park.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council authorized the City Engineer
to sign the $40,000 Block Grant Contract for the Givens Restroom.
At 10:58 PM Protem Mayor Geiger adjourned meeting.
Michelle Merlino, Deputy City Clerk