11/13/2001 - Regular - MinutesPort Orchard, Washington
November 13, 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, Powers, and VanZee.
Council members Wyatt and Stansbery excused. Staff present: Police Sergeant Duncan, City Engineer Curies,
City Planner Wenman, City Treasurer Tompkins, City Attorney Amann, Deputy Clerk Merlino, 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.
Ken Attebery, representing the Port of Bremerton, informed Council and Mayor that the Port Commissioners
have signed the Letter of Intent between the City of Port Orchard and the Port of Bremerton regarding the
Wastewater System Improvement Plan. Mayor Weatherill thanked Mr. Attebery for advising the City of this
matter and stated this item will be discussed further by the City Council.
Richard A. Brown, local realtor, expressed a concern with the Kitsap County Joint Planning Process and
cautioned the City to move carefully through this process.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council excused Councilmen
Stansbery and Wyatt from this Council meeting.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding the proposed amendments to the Port Orchard
Comprehensive Plan, regarding Planning File No. CA-08-01 Comprehensive Plan Amendments, Richard J.
Fitzpatrick, proponent.
City Planner Wen man gave a brief description of the proposed Comprehensive Plan Amendment Planning File
No. CA-08-01, Richard J. Fitzpatrick, proponent. City Planner Wenman advised the property is located near
the northwest corner of Olney Avenue and Mile Hill Drive. The purpose of this amendment is to re-designate
4.89 acres of land currently designated as Commercial & High Density Residential to High Density Residential.
City Planner Wenman stated this proposed amendment has been reviewed by the Planning Commission and
received a recommendation for approval.
Mayor Weatherill called for audience comments either for or against Planning File No. CA-08-01 Richard J.
Fitzpatrick, proponent.
Richard J. Fitzpatrick, proponent, addressed Council and asked for Council's concurrence on this proposed
amendment.
Mayor Weatherill called for further audience comments for Planning File No. CA-08-01, Richard J. Fitzpatrick,
proponent. As no further comments were received, Mayor Weatherill closed the public input portion of the
public hearing and referred this matter to Council for their consideration.
On motion by Councilman Van Zee, seconded by Councilman Clauson, Council adopted the Findings and
Conclusions reflected in Planning Commission Resolution No. 322-01 and approved the requested
Comprehensive Plan Amendment, amending the City of Port Orchard Comprehensive Plan Ordinance No.
1634; and the Comprehensive Plan Map for properties from Commercial & High Density Residential to High
Density Residential located near the northwest corner of Olney Avenue and Mile Hill Drive. Planning File No.
CA-08-01, Richard J. Fitzpatrick, proponent. Legal Description: Attachment "A"
Mayor Weatherill opened the 7:35PM Public Hearing regarding the proposed amendments to the Port Orchard
Comprehensive Plan Map Amendment, regarding Planning File No. CA-09-01, City of Port Orchard, proponent.
November 13, 2001
Page 2 of 3
City Planner Wenman presented proposed Comprehensive Plan Map Amendment Planning File No. CA-09-01.
Subject property is located east of Palmer Avenue, north of Mile Hill Drive and south of Horstman Road. It is
commonly known as the "Wiley Annexation" and is comprised of approximately 11.80 acres. The purpose of
the proposed amendment is to re-designate land recently annexed into Port Orchard from Urban Low (Kitsap
County designation) to Medium Density Residential. City Planner Wenman confirmed the Planning
Commission has reviewed this proposed amendment and recommends approval.
Mayor Weatherill called for audience comments either for or against Planning File No. CA-09-01, City of Port
Orchard, proponent.
Richard A. Brown, local realtor, gave a brief update on the subject area and discussed the development
potential for this area.
Mayor Weatherill called for further audience comments for Planning File No. CA-09-01, City of Port Orchard,
proponent. As no further comments were received, Mayor Weatherill closed the public input portion of the
public hearing and referred this matter to Council for their consideration.
On motion by Councilman Van Zee, seconded by Councilman Clauson, Council adopted Findings and
Conclusions reflected in Planning Commission Resolution No. 323-01 and approved the requested
Comprehensive Plan Amendment, amending the City of Port Orchard Comprehensive Plan Ordinance No.
1634; and the Comprehensive Plan Map from Urban Low (Kitsap County designation) to Medium Density
Residential for properties located east of Palmer Avenue, north of Mile Hill Drive and south of Horstman Road.
Planning File No. CA-09-01, City of Port Orchard, proponent. Legal Description: Attachment "B"
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized the Police Chief to
purchase, out of the 2001 budget, 12 Mobile Computer Terminals, which are in compliance with the Cops
Technology Grant.
Mayor Weatherill received concurrence from the Council to remove from Old Business, proposed Ordinance
No. 1827 regarding signs in public right of ways, and political signs, Port Orchard Municipal Code Sections
15.16.020(3), 15.16.150(2) and 15.16.160(1 ). The Street/Alley Committee is continuing their review of this
ordinance.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved the consent agenda
items as follows:
a. . Minutes of the October 22, 2001 regular Council meeting.
b. Approval of Claim Warrants Numbers 35971-36076 in the amount of $285,034.01 and
October 2001 Payroll Warrants Numbers 135770-135854 and direct deposits in the amount
of $275,818.11.
c. Ordinance No. 1836 setting the amount of property taxes to be raised for the year 2002.
d. Request by the Police Department to declare as surplus to the needs of the City, four
bicycles and authorize disposal of them in the best interest of the City.
e. Authorization for the Mayor to sign amendment to the RMS Records Management Contract.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council rescheduled the last
meeting in December 2001 from December 26, 2001 to December 20, 2001. Motion passed with 4 ayes and
1 nay. Councilman VanZee voting nay.
November 13, 2001
Page 3 of3
On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No.
1954 recognizing the satellite office of the Bremerton-Kitsap Health District in the Givens Community Center
as a health district service that is beyond basic health services and ( 1) allowing the City to budget
supplemental funding for the Bremerton-Kitsap County Health District to compensate for services rendered
and (2) authorizing payment to the Bremerton-Kitsap County Health District for the year 2001 and 2002.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City Engineer
to contract with Carollo Engineers for the design of the Port Orchard Boulevard Sewer Main.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized the City Engineer
to contract with Hugh Goldsmith and Associates to develop a computer model of the City's water system for
a cost not to exceed $10,000.
Mayor Weatherill announced he has reappointed Judge Tarrell Decker as Port Orchard Municipal Court
Judge for a four year term. He asked for Council's approval of the employment contract with Judge Decker.
This employment contract basically has the same terms and conditions as prior contract except (1) medical
co-pay revised to reflect same capay requirement as Department Head positions and (2) salary of $56,000
with the cost of living adjusted annually.
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council approved the employment
contract between Judge Tarrell Decker and the City as negotiated by Mayor Weatherill for a four-year term to
commence January 1, 2002 ending December 31, 2005. The 2002 salary is $56,000 with cost of living
adjusted each subsequent year of the contract.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the Mayor to
sign a Letter of Intent between the Port of Bremerton and City of Port Orchard regarding the Wastewater
System Improvements.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the Mayor to sign
the contract with Rice Fergus Architects for the preparation of the Bay Street marquee conceptual design.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the Mayor to
sign the Sidney Avenue overlay project, Change Order No. 1, in the amount of $16,793.61.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the Mayor to sign
contract with Shea Group for the Bay Street Intersection Improvements. The contract will provide the plans
and specifications for the embedded lights and bulb-outs at this intersection. The cost of the design will be
$23,634.41.
At 9:00 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:10 PM.
At 9:10PM Mayor Weatherill adjourned Council into Executive session for 10 minutes to discuss potential
litigation, and contract negotiation, then extended it an additional 38 minutes.
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
~ '·
: 0.
LEGAL DESCRIPTION: ·
November 13, 2001
Attachment. "A"
. . . .
THAT .PORTION· OF THE NORTHEAST QUARTER OF THE SOUTHEAST .QUARTER OF THE SOUTHEAST · ·.
· QUARTER; SECTION ·zs, T9WNSHIP 2·4 NORTH, RANGE 1 EAST, W.'M., DESCRIBED. AS FOLLOWS: ·. · ·.
BEGINNING AT A POINT WHICH IS NORTH 0°31'47" EAST662.4 FEET FROM THE SOUTHEAST
CORNER OF S~JD SECTION 25, SAID POINT BEING THE NORTHEAST CORNER OF THE SdUTHEAST
Q~ARTE~ OF THE SOUTHEAST QU.ARTER OF THE SOUTHEAST Ql:JA~TER OF SAID SECTION ; . .
THENCE.CONTINUING NORTH 0"31'47" EAST 331.2 FEET;
THENCE NO_RTH 88"31' WEST 666.7. FEET;
THENCE soUTH 0"41' WEST 331 FEET TO THE NORTH i.J·r-iE ~i=-TH~·soUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE SOUTH.88°2.0'30" EAST 666.7 FEET TO THE POINT OF:BE'GINNING; . . . . . . .· .
EXCEPT OLNEY ROAD ON THE EAST SID~;
EXCEPT THE SC?,UTH 125 FEET THEREOF; ..
. •'
,•
. .. . : ,_.. · ··ALSO THE,$0UTH 129· FEET OF. THE FOLLOWINGDES.CRI~~o-~Rib'; .··· ··. ·: . .... . . . . . . ...
~;-~-. _;,·:-.:·:.·;>. >:_:;-.-i~~~--:~;-~~6N~-~~-i-~k -~~6~~~.-~~~r:·~(;~:~j~·R_-·8-~--f~~-;;i:~~~~~~~~ 'Q~~-~~~:R,.b:~:-~~-(/~~-u~~-~~~:T ~.:/ .-;: ~:. >:·.· .. ~
.. :· .
: .. .. ;·.
QUARTER OF SECTION .. 25, TOWNSHIP 24 .NORTH, RANG!;_ l.EAST; ~.M., LYING WEST OF OLNEY
·ROAD; · · · .' ... ·· ·
.. : ..
EXCEPT THE FOLLOWING DESCRIBED TRACT: · . . ....
. .
'BEGINNING AT A POINT WHICH IS NORTH 0°31'47" EAST-662.4 FEET FROM THE SOUTHEAST
C::ORNER OF SAID SECTION 25, SAID TOWNSHIP AND AANGEf ..
THENCE NORTH 0!31'47" EAST 331.2 FEET;
. THENCE NORTI-! 88°31' WEST 666.7 ~EET;
. ~~ENCE SOUTH 0"41 WES_T 331.0 FEET; ..
. .·
·THENce sourH.'8s~i9.'30-'l ·EAsr:·667; 7.· FEET TO .THE. PLAce. oF "BEG.INNING; :. :.-. ..... : .. ·.: · .. ·· ... ·. _ · · ... · .· .. · ... · .·,
00 •I '
0
0 ' ,', I ••'
00
:• , , ''' ·,, •:,'', " , •:, ' 0 '
0
, ,,,,,'; .',' "• :,',I 1
' ,' ,,.•'•• :,:
0
.' ,,' 01 °
0
, •
EXCEPT THEREFROM OLNEY ROAD ON THE EAST SIDE;
SITUATE IN THE COUN1Y OF KITSAP, STATE OF WASHINGTON.
R E C E~ ~ ~.~ ~
JUL 0 3 2001
CllY OF POR't' i \;.
PUBLIC \'':i ·'·
Planning file No. CA-09-01 November 13, 2001
Attachment "B''
LEGAL DESCRIPTION: That portion of SE Mile Hill Drive county road and of the Plat of Navy Yard
Addition to Sidney, as recorded in Volume 1 of Plats, Page 87, records of Kitsap County,
Washington situate in the Southwest quarter of Section 30, Township 24 North, Range 2 East
W.M., and more particularly described as follows:
Beginning at the Northwest corner of Block 5 of said Plat, at the intersection of the East
Right of Way margin of Palmer Avenue SE with the South Right-of-Way margin of SE
Horstman Road; thence East along said South Right-of-Way margin 260 feet to the East
Right-of-Way margin of Wendell Avenue SE; thence South along said Right-of-Way
margin 1020 feet to the Southwest corner of Block 7 of said Plat, on the North Right-of-
Way margin of SE Lovell Street; thence East along said North Right-of-Way margin 520
feet to the Southwest corner of Block 9 of said Plat, on the East Right-of-Way margin
of Whittier Avenue SE; thence South along said East Right-of-Way margin 264.38 feet to
the Southwest corner of Block 12 of said Plat, being also a point on the South line of
said Section 30, thence West along the South line of said Section 30, 780 feet to the
Southwest corner of Block 15 of said Plat, on the East Right-of-Way margin of Palmer .
·Avenue SE; thence North along said East Right-of-Way margin, 1294.74 feet to the point
of beginning.
Together with that portion of SE Mile Hill ·Drive county road, situate in the Northwest
quarter of Section 31, Township 24 North, Range 2 East W.M., lying South of, and
abutting the above described tract.
1\~EMORANDUM
3 November 2001
To: Chief Townsend
Re: Surplus of bicycles
It is requested that the below listed bicycles be declared surplus:
Property# Case·#
15928 01-1258
15953 01-1398
16000 01-1603
16004 01-1596
ry respectfully,
Jan R. Myers
Sergeant
Cc: file
Description
Murray, BMX
10 speed
Huffy
Raleigh
..... ,.
-:J,'·