08/13/2001 - Regular - MinutesPort Orchard, Washington
August13,2001
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, Geiger, VanZee, and Stansbery.
Council members Powers and Wyatt excused. Staff present: Police Chief Townsend, City Engineer Curies,
City Planner Wen man, Deputy Clerk Merlino, and City Clerk Parks.
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.
Phil McCormick, President Port Orchard Bay Street Association, and Frank Graziani, representing The Cruz
2001, thanked Public Works, Police Department, and City Council for their continued support and help in
making Festival By The Bay and the Cruz 2001 a success. Mr. Graziani reported approximately 600 cars
were displayed on the waterfront and estimated appmximately 35,000 people attended their events.
-----Charlotte Brown; representing Kitsap Alliance,-provided several-articles-for the-Gouncil-to-stuc:ly coRcem ing.the -
------tPDleLliiaLQf_oyer::_fLsblng_aru:Ubru:e.c_enU;_cillap_se of our coastal environme_nt_Ms_._B_r_o_wo_requested the Council
study these articles closely before they make any decision on the Endangered Species Act 4(d) process.
Jim Bennett, 906 Eaglecrest, requested permission from the Council to allow his shed, patio and fence
encroach approximately 1 0' in the vegetation buffer. Mr. Bennett recognized his error in judgement and asked
Council to mitigate this encroachment and require him to plant attractive vegetation in the remaining buffer
area. City Engineer Curies advised Council the Eaglecrest Covenants and the Eaglecrest Final Plat approval
both stipulate a 25 foot buffer for natural vegetation and precluded structures in the buffer. The City Council
cannot grant a variance of this requirement.
Barbara Sessions-Kitchens, representing K.C Association of Realtors, presented a packet of information
regarding the liability of state agencies and local governments under the Endangered Species Act. Ms.
Sessions-Kitchens advised the Association of Realtors is trying to help educate concerned citizens and local
government and also become a resource to these individuals and agencies regarding paragraph 4(d) of the
Endangered Species Act. Mayor Weatherill and Council thanked Ms. Sessions-Kitchens and the Association
of Realtors for their willingness to help in this issue.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council excused Councilman Wyatt
from this Council meeting.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council excused Councilwoman
Powers from this Council meeting.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate a portion of an unnamed
alley within Block 5 of Tom Cline's Addition to Sidney between South Street and Central Street as submitted by
Jerry R. Connell, Bert T. Connell and Kathleen A. Masterson. Mayor Weatherill announced the applicants
have requested to continue this Public Hearing to August 27, 2001 at 7:35 PM. Council concurred with the
applicant's request.
Mayor Weatherill announced proposed Ordinance No. 1824 relating to noise regulation and repealing of
Ordinance No. 1802, has been rescheduled for discussion at the August 27, 2001 Council meeting.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approve Ordinance No. 1825
adding a new section 5.25.025 to the Port Orchard Municipal Code prohibiting house-banked social card-
games within the city limits.
August13,2001
Page 2 of 3
Gary Chrey, 600 Kitsap Street, attorney representing Tom and Pat Myers, owners of Hi-Joy Bowl, spoke in
support of Ordinance No. 1825 stating Hi-Joy Bowl is not a house banked gambling facility, therefore they have
no opposition to this ordinance.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved the consent agenda
items as follows:
a. Minutes of the July 23, 2001 regular Council meeting.
b. Approval of Claim Warrants Numbers 35447-35580 in the amount of $263,056.42 and July
2001 Payroll Warrants Numbers 135457-135549 and direct deposits in the amount of
$269,738.42.
c. Authorization for Mayor Weatherill to sign Addendum to the Agreement Regarding Jury Panel
for Municipal Court.
Richard A. Brown, local realtor, expressed a concern with Kitsap County's continual disrespect and treating
the City of Port Orchard and South Kitsap as second class citizens.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized Kitsap County
Parks Department the use of the picnic shelter located near the Active Club Building (corner of Kendall
Street and Tacoma Avenue) for dog obedience classes every Monday evening, September 9, 2001 to
October 29, 2001 from 6:30 PM to 7:30 PM.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized Mayor Weatherill
to sign Change Order No. 1 with RH2 for the Dewatering/Odor Control Improvement Project, in the amount
of $4,703.
Mayor Weatherill appointed Council members Clauson, Van Zee, and Stansbery to an Ad Hoc Committee to
discuss telecommunications and fiber optics in Port Orchard.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council authorized GeoScience
Management to further investigate the environmental clean-up at 514 Bay Street by drilling a series of
geoprobes for an estimated cost of $7,300.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City
Engineer to proceed with the grant program through Puget Sound Energy and secure funding to retrofit the
lighting fixtures at the Port Orchard Library building located at 87 Sidney Avenue.
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council accepted the offer to sell the
old Municipal Court Building located at 736 Prospect Street.
City Engineer Curies referred to Mayor Weatherill's letter to Janice Leach responding to her proposal to
donate a parcel at the end of Farragut Avenue to the city, with a provision that the parcel cannot be
developed into anything other than a park, honoring the pioneer families.
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council authorized the City Engineer
and City Attorney to proceed with the acquisition of property at the end of Farragut Avenue, with the
provision that the parcel cannot be developed into anything other than a park, honoring the pioneer families.
August 13, 2001
Page 3 of 3
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council authorized the City
Engineer to not pursue the realignment of Mile Hill Drive at this time.
At 8:50PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:00PM.
At 9:00 PM Mayor Weatherill adjourned Council into Executive session for one hour to discuss labor
negotiations and pending litigation, and then extended it an additional 30 minutes.
~~:O~~dCouncil intoregula;l;;;:::g
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR