06/11/2001 - Regular - MinutesPort Orchard, Washington
June 11, 2001
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M. at
City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee,
and Stansbery. Staff present: City Treasurer Tompkins, Police Chief Townsend, City Planner Wenman, City
Engineer Curies, City Attorney Combs and City Clerk Parks.
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was received.
Mary McClure, representing Kitsap Regional Coordinating Council, outlined elements of the Kitsap County
Planning Policies and urged Council to approve proposed Resolution No. 1938 in support of the Kitsap County
Planning Policies.
The Council, by consensus, agreed to hold a Study Session to discuss and review the provisions of the Kitsap
County Planning Policies on June 20, 2001 at 7:00P.M. in City Council Chambers.
Lynn Webb, Freeholder Board Chair and Ron Rada Freeholder Board member, briefly reviewed process the
Board used to develop components of the draft Home Rule Charter. Freehold Board consideration included,
but was not limited to: how should the county government be structured, personnel rules, budget, election, and
other administrative processes. The Board anticipates having the draft charter available for public review in
August. Public meetings will be held in September to obtain citizen comments, the Board will then make
revision to reflect changes submitted by the community, and then submit the final draft Charter to the County
Commissioners, who will choose which election the Charter will be placed on the ballot.
Mayor Weatherill opened continued discussion of Kitsap County Fire District No. 7's proposal for the city to
annex into the Fire District. Councilman Clauson clarified this discussion was continued to provide opportunity
for public input.
Marna Snow, Port Orchard resident questioned what annexation into the Fire District would mean to the
citizens.
Kitsap County Fire District No.7, Assistant Chief Senter summarized primary benefits of annexation are, better
utilization of personnel and equipment and potential reduction in Fire Survey and Rating classification for the
city and District property owners, which directly impacts fire insurance premiums.
On motion by Councilman Van Zee, seconded by Councilman Wyatt, Council unanimously agreed to go
forward with proposal for annexation of the city· into Kitsap County Fire District No. 7 and directed staff to
prepare ordinance required to place the annexation on the ballot.
Councilman Van Zee presented motion to direct the City Treasurer and City Attorney to draft appropriate
document to clarify Council intent to authorize collection of maximum amount of allowable taxes upon
annexation in to the Fire District. Motion seconded by Councilman Wyatt and carried.
Mayor Weatherill recognized Ken Morrison representing Yoder-Morrison Partnership, who submitted a request
asking Council to accept a 195-foot sidewalk section, which was constructed along Pottery Avenue six inches
narrower than required by city sidewalk standards. Sidewalk standards require a five and one-half foot
sidewalk and curb. The subject sidewalk and curb was constructed at a 5' total width. The Street Committee
reviewed this matter and a letter had been sent to Mr. Morrison offering four alternatives to correct the sidewalk
width, one alternative required removal and replacement of the 195-foot sidewalk to meet standards. The
others alternatives provide methods of mitigation. Mr. Morrison stated the four alternatives are not acceptable
and reiterated their request for city acceptance of the reduced width sidewalk. He also suggested they could
add an additional 6" to the existing sidewalk. Councilman Morrison explained the Street Committee discussed
June 11, 2001
Page 2 of 4
the potential to add an extension and were concerned that adding an extension could be subject to uneven
settling and other maintenance problems.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council authorized a fifth option for
Pottery Professional Plaza sidewalk modification to provide for construction of a six-inch addition to the existing
sidewalk. This option will be subject to City Engineer approval and the property owner being responsible for
future maintenance to assure against uneven settling.
Mayor Weatherill called for a 10-minute recess with the meeting reconvening at 8:46P.M.
Robert Ruffner asked that the city grant requests made formally in a petition submitted in September 2000
regarding the city hall chimes. He questioned whether it is the city's intent to disregard this petition.
Mayor Weatherill informed Mr. Ruffner the city has addressed the chimes issue on several occasions
considering all the requesUcomments submitted by all parties and have taken action on several of the
modifications requested in his petition and other petitions. (Examples of modification are the hours of operation
shortened, number of songs reduced, and the volume has been turned down.)
On motion by Councilman Stansbery, seconded by Councilman VanZee, Council adopted Ordinance No. 1821
to amend Port Orchard Zoning Ordinance No. 1748 by amending the area and use maps thereof, reclassifying
the property owned by John and Andrea Hershey, owners of record {Tax Parcel No. 4044-002-004-0002) from
Commercial to Residential, for the purpose of correcting a scriveners mapping error.
James Tracy, land use attorney, and William M. Palmer requested City support two Kitsap County
Comprehensive Plan Amendment Applications. The applications have been submitted to the County seeking
reclassification of the zoning designation for the South Sidney Business Park Property from Rural Protection to
Business Park and property owned by Stetson, L.L.P. from Urban Reserve to Urban Low. (as shown on
attached maps). The applications also request that both properties be included in the City of Port Orchard 's
Urban Growth Area.
Councilman Clauson disclosed his brother is a real estate agent working on the sale of 1 07 acres of the subject
property. He stated he has not discussed the property or Comprehensive Plan Amendment applications with
his brother and he has nothing to gain. Councilman Clauson stated he believes he can consider the matter
before the council without bias or prejudice. He asked if anyone present has any object or concern with his
participation on this issue. No response was received and Councilman Clauson maintained his position at the
council table.
City Engineer Curies spoke in support of the city supporting the two Kitsap County Comprehensive Plan
Amendment Applications as presented in letters from William Palmer stating they are good proposals.
On motion by Councilwoman Powers, seconded by Council members Clauson and Morrison, Council
authorized Mayor Weatherill to sign letter of support in matter of Application for Kitsap County Comprehensive
Plan Amendment for property owned by Stetson, L.L.P. as depicted on attached map, seeking to be included in
the City of Port Orchard's UGA and reclassify zoning designation from Urban Reserve to Urban Low.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council authorized Mayor
Weatherill to sign letter of support in matter of Application for Kitsap County Comprehensive Plan Amendment
for property commonly known as South Sidney Business Park, as depicted on attached map, seeking to be
included in the City of Port Orchard's UGA and reclassify zoning designation from Rural Protection to Business
Park.
June 11, 2001
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On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved Resolution No. 1939
implementing the Hulbert Salary Survey for the non-represented employee positions effective June 17, 2001.
Motion was carried with a vote of six ayes and one no. Councilman Van Zee voting no. The approximate
implementation cost to the city for the balance of 2001 will be $35,000 and this was provided for in the 2001
budget.
Mayor Weatherill called for 1 0-minute recess with meeting reconvening at 9:55 P.M.
Councilman Morrison, Street Committee Chair reported that Old Business item "a" (Ron Rider request to
maintain NW Tree Service sign adjacent to Bay Street) has been directed back to staff with Committee
recommendations and requested the matter be removed from future agendas. Removal from Agenda received
concurrence from Mayor and Council.
Kim Abel reported on progress of coordinating a Community Forum to discuss the subject of gambling within
the Port Orchard community. Date of June 26,2001,7-10 P.M. was set for date and time of the forum and Ms.
Abel will advise the city on location. She outlined SKAT (Bremerton/Kitsap Access Television) cost estimate is
$662. The City Council has authorized an expenditure of up to $500.00 for BKAT expense. Ms. Abel stated
she would contact community organizations for funding donations to cover additional recording expense along
with room rental charges and other costs that may be incurred.
Councilman Clauson moved to approve Ordinance No. 1822 adopting an immediate moratorium on the
establishment, location, or permitting of card rooms, gambling establishments, and the game parlors with any
social card games, requiring a public hearing to be held, and declaring this ordinance a public emergency
ordinance and effective immediately. Motion was seconded by council members Powers and Wyatt and
passed with six ayes and one no. Councilman Stansbery voting no. Public Hearing will be held on July 23,
2001, 7:35 P.M.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved the consent agenda
items as follows:
a. Minutes of the May 29, 2001 regular City Council meeting.
b. Approval of Claim Warrants Numbers 35106-35201 in the amount of $340,501.81 and May
2001 Payroll Warrants Numbers 135291-135369 and direct deposits in the amount of
$246,548.15.
c. Approval for firework Stand Permits Jill Mueller, applicant -211 Bravo Terrace
Cindy Muyskens, applicant -A&W parking lot
d. Approval of Eagle Fireworks, Inc. Display Permit for July 4, 2001
Councilman Clauson presented motion to excuse Councilman Van Zee from the June 25, 2001 and July 9,
2001 City Council meetings, seconded by Councilman Wyatt and carried.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved application for public
event for the expanded two week Fathoms 0' Fun Carnival with conditions as recommended by departmental
staff and 2 additional conditions (1) Fathoms 0' Fun shall contact Farmers Market and Port of Bremerton to
advise them that the carnival is two weeks instead of one, and obtain their concurrence; and (2) The carnival
and Fathoms 0' Fun shall meet with city staff before setting up to discuss what is required of each carnival to
resolve issues of transiting from one carnival to the next carnival.
June 11, 2001
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Councilman Morrison reported that when the city received the new street sweeper from Ben-Ko-Matic the
delayed delivery time violated bid requirements resulting in damages due to the city. The company has
made two settlement offers and the Street Committee recommends acceptance of offer to issue the city a
credit in the amount of $5,850, which will handle additional equipment and servicing.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized acceptance of
liquidated damages in amount of $5,850 from Ben-Ko-Matic for violation of street sweeper bid delivery
requirements.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council approved the Application
for Public Event as submitted by Fathoms 0' Fun for the Parade, June 30, 2001 and further authorized staff
to submit request to Washington State Department of Transportation seeking permission to close Bay Street
during the parade.
Councilman Geiger moved to agree that the Bay Street Marquee Painting Project should proceed this year,
as proposed and that the City retain an architect to evaluate the structure and provide ideas on what should
be done to the superstructure. Motion seconded by Council members Morrison and Clauson and carried.
~r ;e; adjourned meeting, with concu:l,;:: :;;:>
Patncia Parks, City Clerk Leslie J. Weatherill, Mayor