11/13/2000 - Regular - MinutesPort Orchard, Washington
November 13, 2000
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison Geiger,
Powers, Van Zee, and Stansbery. Staff present: Deputy Clerk Merlino, Police Chief Townsend, City
Treasurer Tompkins, City Planner Wenman, City Engineer Curies, City Attorney Olsen, and City Clerk
Parks.
Councilman Geiger led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were
received at this time.
On behalf of the City of Port Orchard citizens, Mayor Weatherill presented a plaque to Jeff Swan of
Evergreen Lumber, for his continual community involvement. His most recent community contribution
involved the transportation and assisting in the placement of the torpedo at the Port of Bremerton Waterfront
Park. Mayor Weatherill and Council thanked Mr. Swan for his continual support of the city and community.
Mary McClure, Kitsap Regional Coordinating Council, presented an update to the 2001 legislative agenda
and asked for the city's endorsement of the countywide legislative agenda.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Resolution No.
1915 endorsing the Kitsap 2001 Countywide Legislative Agenda, developed by the Kitsap Regional
Coordinating Council.
Mary McClure, KRCC, also discussed the Solid Waste Transfer Facility. Ms. Mcclure advised the design,
building and operating contracts have all been signed for the transfer facility. At this time Ms. Mcclure
introduced Gretchen Olson, Solid Waste Manager, Kitsap County Public Works. Ms. Olson thanked the city
and Councilmembers who sat on the Technical Advisory Board and for the city's continued support in the
development of the Solid Waste Transfer Facility.
Mayor Weatherill introduced the Notice of Intent to Petition for Annexation, as submitted by William and
Dorothy Wiley. The proposed annexation boundaries consist of approximately 8 acres lying east of the
easterly city limits bordered by Mile Hill Drive, Whittier Avenue, Lovell Street, Wendell Avenue, Orlando
Street and Palmer Avenue.
Councilman Wyatt stepped down from the Council table, and refrained from any discussion or voting on the
Notice of Intent to Petition for Annexation, due to a confiict of interest.
At this time Mayor Weatherill briefiy addressed the annexation process and presented the three questions
set forth by state statute to which the Council must respond;
( 1) Will the city accept the proposed boundaries of this annexation as presented?
On motion by Councilman Geiger, seconded by Councilman Clauson, Council agreed to accept the
proposed annexation boundaries, which consist of approximately 8 acres lying east of the easterly city
limits bordered by Mile Hill Drive, Whittier Avenue, Lovell Street, Wendell Avenue, Orlando Street and
Palmer Avenue.
(2) Will the city require the simultaneous adoption of a comprehensive plan designation for the proposed
area?
On motion by Councilman Geiger, seconded by Councilman Clauson, Council agreed to adopt the
comprehensive plan designation(s) as it currently exists for the proposed area.
{3) Will the city require the assumption of all or any portion of existing city indebtedness by the area to
be annexed?
November 13, 2000
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On motion by Councilman Geiger, seconded by Councilman Clauson, Council agreed to require the
property owners to assume all or any portion of the city's bonded indebtedness.
Jim Tracy, attorney representing William and Dorothy Wiley, applicants for the proposed annexation, asked
for clarification concerning the city's indebtedness. Council assured Mr. Tracy the property owners would
only assume a pro-rata share of the city's indebtedness.
Norm Olson, Olson and Associates, also representing William and Dorothy Wiley, applicants for the
proposed annexation, asked if the Council had any questions concerning the boundaries of the proposed
annexation. Council had no questions at this time.
Mayor Weatherill referred to letter submitted by Randy Smith and James Bryan requesting an 18-month
extension for Rezone #1 079, for property located at 1088 Pliska Lane. This zone reclassification was
approved by Ordinance No. 1465 on July 10, 1989.
City Planner Wenman brought Council up-to-date on the requested rezone extension and identified where
the property is located.
Randy Smith, property owner, addressed Council and reiterated his request for an 18-month rezone
extension.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized an 18-month
extension for Rezone #1 079 for property located at 1 088 Plisko Lane, as requested by Randy Smith and
James W. Bryan, property owners.
Mayor Weatherill referred to letter submitted by Ron Rider, Harborside Bar & Grill, appealing Code
Enforcement Order for removal of an off-premise business sign.
Ron Rider, owner of Harborside Bar & Grill and NW Tree Service, addressed Council concerning his appeal
to the Code Enforcement order to remove the off-premise business sign(s) from his property in the 900
block of Prospect Street. Mr. Rider explained the corporate office for the two businesses are located on this
property, therefore the signs should not be considered off-premise.
After much discussion by the Council, it was determined the sign located on Mr. Rider's property is in
violation of the city's signage Ordinance No. 1762. The original sign had been grandfathered when
Ordinance No. 1767 was adopted, when Mr. Rider modified the sign to add advertising for Harborside Bar
and Grill the grandfather status was voided.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council denied request to allow the
sign advertising Harborside Bar & Grill on property lying between Bay Street and Prospect Street.
Mayor Weatherill opened the 7:35 PM continued Public Hearing regarding proposed amendments to the
Port Orchard Comprehensive Plan. This public hearing process consists of a series of public hearings
scheduled for October 9, October 23, November 13, and December 11, 2000. At the first three hearings the
City Council will receive input and discuss individual applications for amendments to the City of Port
Orchard Comprehensive Plan. No final action will be taken at these hearings. On December 11, 2000 after
conclusion of the public hearing process, the applications for amendments will be presented to the City
Council for consideration and action/decision to approve, modify, or deny.
City Planner Wen man addressed Council and gave a brief summary on the proposed changes to the text of
the Transportation Element of the city's 1995 Comprehensive Plan. City Planner Wenman stated the
proposed amendment has been reviewed by the Planning Commission and is recommended for approval.
City Planner presented proposed Comprehensive Plan Amendment Planning File No. CA-06-00
(Transportation Plan Text Amendment), City of Port Orchard, proponent. The purpose of the proposed
change is as follows: In 1998, the Washington State Legislature enacted the "Level-of Service Bill" (House
November 13, 2000
Page 3 of 5
Bill 1487) which amended the Growth Management Act (GMA). The amendments to the GMA were
intended to clarify and distinguish local, regional, and state responsibilities for monitoring transportation
system performance and addressing system needs and deficiencies. These amendments require local
jurisdictions planning under the GMA to include additional detail regarding state-owned transportation
facilities in the City's Transportation Element of the Comprehensive Plan.
Mayor Weatherill called for audience comments either for or against Planning File No. CA-06-00
(Transportation Plan Text Amendment). As no comments were received, Mayor Weatherill closed the
public input portion of the hearing relative to the application for amendment (CA-06-00) and referred this
matter to Council for their consideration. Mayor Weatherill reminded the audience that written comments on
this proposed amendment may be submitted until December 11, 2000.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized city staff to
prepare a draft ordinance on the proposed Comprehensive Plan Text Amendments as presented in
Planning File No. CA-06-00 (Transportation Plan Text Amendment).
Kathy Michael, 228 Seattle, addressed Council concerning proposed Ordinance No. 1802 relating to the
operation of City Hall chimes during scheduled events and suggested several modification to the ordinance,
to clarify volume level, time of operation, number of songs, frequency of Westminster Chimes.
After discussion by City Councilmembers, Councilman Stansbery, seconded by Councilman Van Zee
moved to approve Ordinance No. 1802 relating to noise regulation and amending Port Orchard Municipal
Code Section 9.24.050{1 ){h) to provide for operation of City Hall chimes during scheduled events.
At 8:40PM Mayor Weatherill called for a 10-minute recess with meeting reconvening at 8:50PM.
City Engineer Curies updated Council on proposed Resolution No. 1913 regarding Notice of Intent to Annex
McCormick Well Field property. City Engineer Curies advised the site of the McCormick Water Well Field,
which was recently purchased by the city, will be used for municipal water resource purposes and is an
important part of the city's municipal water supply and distribution system.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No.
1913 giving notice of intent to annex territory into the City of Port Orchard for municipal purposes. The
property is located in McCormick Woods, tax parcel # 092301-1-002-2003.
City Engineer Curies discussed proposed Resolution No. 1914 regarding Notice of Intent to Annex property
into the city for municipal purposes adjacent to the Wastewater Treatment Facility. The proposed
annexation is approximately 2.5 acres, which is located south of the Wastewater Treatment Facility in the
southwest corner of Beach Drive/Olney Avenue intersection. This resolution would also correct the legal
description for the Wastewater Treatment Facility, which was annexed in 1983 by Ordinance No. 1236.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council adopted Resolution No.
1914 giving notice of intent to annex territory in Section 25 into the City of Port Orchard for municipal
purposes and to correct the Wastewater Treatment Facility legal description which was annexed under
Ordinance No. 1236 (7/25/83).
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized the Mayor to
sign contract with Washington Association of Sheriffs and Police Chiefs (WASPC) for Electronic Home
Monitoring (EHM) Services at no cost to the city.
On motion by Councilman Stansbery, seconded by Councilman Geiger, Council authorized the Court
Administrator to sign a contract with Signal Credit (a division of Allied Credit) providing a mechanism for
defendant's to set up a payment plan with Signal Credit at no cost to the city.
November 13, 2000
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On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council set December 4, 2000,
as the date to hold a study session to discuss Revenue Sharing. The Study Session will start after the
Public Hearing regarding the 2001 Budget.
Councilman Stansbery requested City Clerk to remove from Old Business Agenda Item "a" -Review of city's
noise ordinance (POMC 9.24.0500). This item is currently being reviewed by the Public Property
Committee, Police Chief and City Attorney. This item will be returned to the agenda when the noise
ordinance is submitted for council consideration.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved the consent
agenda items as follows:
a. Minutes of the following Council meetings:
( 1) October 23, 2000 regular meeting
(2) November 6, 2000 special joint City Council-Planning Commission Study
Session
b. Approval of Claim Warrants Numbers 33838-33937 in the amount of $239,867.04 and
October 2000 Payroll Warrants Numbers 134672-134797 in the amount of $226,736.55.
c. Proposed Ordinance No. 1801 setting the amount of property taxes to be raised for the
year 2001.
On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council excused Councilman
Morrison from the November 27, 2000 City Council meeting.
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council authorized Mayor
Weatherill to sign amendment to the Agreement between Kitsap Fire District No. 7 and the City of Port
Orchard to Provide Fire Protection. This amendment modifies Section 11 Contact Persons, which would
require a Fire District representative to attend City Council meeting when requested by the city.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the City
Treasurer to bill South Kitsap Fire District No.7, twenty-five percent (25%) of the 2001 CENCOM annual
fee.
City Planner Wenman presented a letter from C. Craig Campbell, Broker/Operations Manager, Roland &
Roland, asking for a 24-month rezone extension request for their property located at the Southwest
Quadrant-Sedgwick Interchange and SR16. The original rezone was approved under Rezone-1057 on
December 27, 1988.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized an 18-month
extension for Rezone #1 057 for property located, at the Southwest Quadrant-Sedgwick Interchange and
SR16, as requested by C. Craig Campbell, Broker/Operations Manager, Roland & Roland.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council approved the 2001 budget
for the Wastewater Treatment Facility, with the ERU's at $9.50.
City Engineer Curies referred to letter from John McFadden, 5067 Geiger Road SE, asking permission to
connect a Manufactured Home to their existing water service, on a temporary basis.
On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council authorized the waiver of
water connection fees for installation of a manufactured home, located at 5067 Geiger Road SE to be used
by a special care provider. The manufactured home will be removed from the property when the special
care provider is no longer necessary.
November 13, 2000
Page 5 of 5
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized Mayor
Weatherill to sign Change Order No. 1 with Beisley, Inc., in the amount of an additional $14,200.68 for the
Public Works Facility.
At 9:35 PM Mayor Weatherill adjourned the rneeting.
~'nuJlo
Michelle Merlino, Deputy Clerk
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LESLIE J. WEATHERILL, MAYOR