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06/13/1994 - Regular - MinutesPort Orchard, Washington June 13, 1994 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers and Grable. Councilman Van Zee excused. Staff present: Assoc. Planner Kavanaugh, Police Chief Mathews, City Engineer Curles, City Planner Brown, Fire Chief Snow, City Attorney McCloskey and City Clerk Parks. Councilman Childress led the audience and Council in the Pledge of Allegiance. In response to Mayor Weatherill's request for audience comments for items not listed on this agenda, Howard Minor, 1400 Bay Street, requested summary of Consent Agenda Items 3c and 3d. City Attorney and Police Chief outlined the ordinances as follows: (3c) Proposed Ordinance No. 1605 - repeals current City Ordinance (1565) relating to Model Traffic Ordinance and adopts revised Washington Model Traffic Ordinance as contained in the Washington Administrative Code, Chapter 308-330 to regulate traffic within city limits. (3d) Proposed Ordinance No. 1606 to revise traffic ordinance to conform with state sentencing guidelines. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved Consent Agenda items as follows: a. Minutes of the following Council meeting: (1) May 23, 1994 City Council meeting (2) May 25, 1994 Special City Council Meeting (draft Comp Plan) b. Approval of Claim Warrants No. 20654 - 20774 in the amount of $216,785.00 and May Payroll Warrants No. 119833 - 120007 in the amount of $166,906.68. C. Proposed Ordinance No. 1605 adopting the Washington Model Traffic Ordinance (MTO) as contained in the Washington Administrative Code, Chapter 308-330 WAC, to regulate traffic in the City of Port Orchard and repealing Ordinance No. 1565. Councilman Clauson sponsor. d. Proposed Ordinance 1606 repeals and replaces certain sections of Port Orchard Municipal Code Title 9 (public peace, safety and morals) and certain sections of POMC Title Ten (vehicles, traffic) and certain sections of POMC Title One (general provisions) to adopt new State of Washington guidelines setting fines and sentences relating to violations of the referenced statutes. Councilman Clauson sponsor. e. Application for Fireworks Display permit to allow Fathoms 0' Fun July 4 fireworks display by Western International Fireworks. June 13, 1994 Page 2 of 7 Mayor Weatherill opened public hearing to take testimony and public input on a proposal to modify an application for Zone Reclassification to a Special Use Permit to allow a bridal and tux shop at 322 Cline Avenue. Application submitted by W. Darrel and Millie Cullimore. Legal Description - Attachment "A" Associate Planner Kavanaugh reviewed prior Planning Commission and City Council Public Hearings on original rezone application and Council action to reconsider modification to a Special Use Permit. W. Darrel Cullimore, proponent, confirmed that applicants have no objection to proposed modification to a Special Use Permit. Beth Cottrell, 623 DeKalb, spoke on behalf of neighborhood, supporting issuance of a Special Use Permit to allow the tux and bridal shop. Ms. Cottrell reiterated concern and opposition to issuance of a zone reclassification. Mayor Weatherill called for additional input for or against proposed modification of rezone application to a Special Use Permit. As no further comments were presented, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized issuance of a Special Use Permit to W. Darrel and Millie Cullimore to allow conversion of a church located at 322 Cline Avenue into a tuxedo and bridal shop. At the request of Police Chief Mathews, Councilman Morrison moved to authorize expenditure of $176.74 to pay for damages incurred to Sergeant Loflin's private vehicle while pursuing a suspect vehicle, seconded by Councilman Clauson and carried. Mayor Weatherill opened Public Hearing on application submitted by N.L. Olson and Associates, representing Harrison Memorial Hospital to amend South Kitsap Health Care Campus Site Plan to allow use of 8 foot wide crosswalk delineation pavers at boulevard intersections within the Health Care Campus located west of SR16, between Tremont Street and Pottery Avenue. Rezone from Residential Low to Multiple Family 20 and Commercial General was approved by Ordinance No. 1572 on March 8, 1993 and subsequently revised by Ordinance No. 1586 (7/12/93) and Ordinance No. 1604 (5/9/94). Legal Description - Attachment "B". Councilman Childress stepped down from council table due to appearance of fairness, he lives within 300 feet of project site. City Planner Brown presented staff report and reviewed history of project. June 13, 1994 Page 3 of 7 Norm Olson, representing owners, outlined proposal to use pavers for 8 foot crosswalk delineation instead of total intersection. Mr. Olson offered opinion that: (1) using pavers on crosswalks alone would be more attractive both initially and over the long-term; (2) Pavers on crosswalks alone would be more pedestrian -friendly and improve safety for pedestrians and drivers. Councilman Morrison questioned drawing depicting four way intersections with crosswalks drawn on three sides only. Engineer Curles addressed need for crosswalks on each side of intersections where pedestrians would have to cross traffic. Vern Bjorkheim, 344 Sunset Lane W., stated he has no objection to proposal but ask if 8 foot width is standard for sidewalks. He was advised that Port Orchard does not have a "standard width for sidewalks", width is determined by location and potential use. Mayor Weatherill called for additional input for or against request to revise Harrison Hospital Health Care Campus Site Plan to allow revision of sidewalk/ intersection pavers to 8 foot paver sidewalks delineation only. As no further input was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. Councilwoman Powers moved to approve 8 foot crosswalk pavers with four way crossing at all intersections, seconded by Councilman Morrison. Councilman Clauson moved to amend motion to allow 3 way crosswalk delineation ��,,� at "T" intersection, seconded by Councilman Geiger and carried. Original Motion as amended, was unanimously approved to allow 8 foot paver b' crosswalks, with four way crosswalk delineation at four way intersections and three way crosswalk delineation at "T" intersections Mayor Weatherill opened Public Hearing regarding application for Special Use Permit as submitted by Donald & Anna Ryan to allow the conversion of a section of a house at 1003 Sidney Avenue into a property management office . Legal Description: Section 35, Township 24 Range IE, Sweany's Second Addition to -`� Sidney, Lot 1 & 2, Block 1, Sweany's Second Addition to Sidney, according to the Plat thereof, recorded in Volume 2 of Plats, Page 18, Records of Kitsap County, Washington. Associate Planner Kavanaugh reviewed staff report and Planning Commission recommendation for approval with nine conditions, highlighting parking requirements. f Mayor Weatherill called for public input for or against the application for Special Use Permit as submitted by Donald & Anna Ryan. Anna Ryan, proponent, was present to respond to questions and outlined type of June 13, 1994 Page 4 of 7 business and impact to the neighborhood. Councilwoman Powers questioned use of city lot to satisfy parking requirement under a Special Use Permit. Lee Caldwell, 922 Sidney, reported the Ryans have mowed the city lot and made improvements in right of way at south edge of lot. He also stated there has been no trouble with noise or other adverse impacts and urged approval of SUP. Hal Wennerberg, owner of 1005 Sidney, stated he did not object to issuance of the Special Use Permit. Donald Ryan, proponent, stated his business is a property maintenance business not a property management business. They do have 30 rentals, but their primary business use for offices at 1003 Sidney is property maintenance. Employees use Given Community Center lower parking lot for day parking and do not park their vehicles on the street or near by city park property. Councilman Morrison questioned signage. Mr. Ryan described the portal sign above entry door on lower level of house. Mayor Weatherill called for additional input in favor of or opposed to issuance of Special Use Permit to Donald and Anna Ryan for property located at 1003 Sidney Avenue. As no further input was received. Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. Councilman Geiger voiced concern on Council taking action until requirement to provide on site parking is fulfilled. Parking on street or city lot do not satisfy parking requirements under a Special Use Permit. Councilwoman Powers ask city attorney for opinion on proposed Condition No. 1 which states, "Specific permission be gained from the City Council if parking is to continue on the vacant lot". Would approving issuance of a Special Use Permit automatically give permission as required in Condition No. 1. City Attorney Mccluskey responded that Condition No. 1 requires separate action, it is not automatic. On motion by Councilman Clauson, seconded by Councilman Childress, with a vote of 5 ayes and 1 no (Councilman Morrison voting no), Council adopted Planning Commission Resolution 214-94 as their own (with revised Condition No. 3) and authorized issuance of Special Use Permit to Donald & Anna Ryan to allow a property management business in a portion of residence located at 1003 Sidney Avenue contingent upon compliance with the following nine conditions: 1. Specific permission be gained from the City Council if parking is to continue on the vacant lot. June 13, 1994 Page 5 of 7 2. All yard waste generated by this business must be disposed of properly outside of City Limits. 3. Before any future change in occupancy, the Planning Commission and City Council shall consider the proposed use to ensure it is still in the best interest of city residents. 4. If complaints are received, the hours of operation will be amended to not exceed 7 AM to 9 PM on any day of the week. 5. No business related noise, vibration, odors, etc. shall be permitted to effect any of the surrounding residences. a. Employee and/or company vehicles may not be left idling in front any surrounding residences. b. No repair work may be done on the commercial vehicles on site. c. A lighting plan shall be submitted and approved prior to the placement of any new outdoor illumination and shall be orientated away from neighboring residences. 6. Present and future businesses located on this property will register with the City. 7. At such time that the City sells the vacant lot, the Special Use Permit will be brought back for review by the Planning Commission and City Council. 8. the adjacent City owned vacant lot and surrounding areas to 1003 Sidney Avenue must be well maintained. 9. If complaints are received by the City regarding this use, the Special Use Permit must be brought back to the Planning Commission and City Council for review. After much discussion on proposal to allow Donald and Anna Ryan to utilize city lot on the northeast corner of Kendall and Sidney Avenue to satisfy Special Use Permit parking requirements, Council directed City Attorney to study proposal and submit recommendation in 30 days. Mayor Weatherill recessed meeting for ten minutes and reconvened at 8:50 PM. Engineer Curles gave staff report on two bid opening(s) held June 8, 1994 and June 9, 1994. All bids as listed below were accompanied by the required bid bond. Staff report included request to Block Grant officials seeking transfer of Central Playfield Restroom funds to Municipal Court Ramp roject as outlined in City Engineer memo to City Council (13 June 1994�- Attachment "C". June 13, 1994 Page 6 of 7 Municipal Court Ramp June 8, 1994_ 4:30_PM Olsen's Land Development $10,993.75 Gene Freigang 11,700.00 JRR Concrete 11,865.00 Precision Concrete 12,679.00 Engineers Estimate 8,600.00 Central Playfield Restroom June 9, 1994 4:30 PM Olsen's Land Development $23,649.85 Engineer's Estimate 11,600.00 Councilwoman Powers moved to accept the bidding on the Municipal Court Ramp Project and to authorize the City Engineer to let contract for this project and also authorize the transfer of funds from CDBG Central Playfield Restroom Project to the Municipal Court Ramp Project, if authorized by CDBG officials, or the transfer local share budgeted for the Central Playfield Restroom Project to the Municipal Court Ramp Project, seconded by Councilman Grabie and carried unanimously. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council rejected the bidding on Central Playfield Restroom Project. On recommendation by Fire Chief Snow, Councilman Clauson moved to approve issuance of a Fireworks Stand Permit to Dave Douglas in High Point Shopping Center parking lot, conditioned upon applicant complying with all requirements set by the Fire Chief, seconded by Councilwoman Powers and carried. At 9:12 PM Mayor Weatherill adjourned Council into Executive Session to discuss a legal matter for a period of 15 minutes. Executive Session was extended for four additional ten minute periods, with meeting reconvening to regular session at 10:00 PM. On motion by Councilwoman Powers, seconded by Councilman Clauson, City Council authorized City Engineer Curles to obtain survey of Sidney/Kendall lot to establish property boundaries at a cost of $2,000-$3,000. Cost of survey to be included in minimum bid price when lot is disposed of in the best interest of the City. Councilman Geiger moved to authorize Mayor Weatherill to sign contract with Associated Sand and Gravel on Port Orchard Bypass Widening Project, seconded by Councilman Grable and carried. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign agreement with Olympic View Landfill for disposal of bio-solids, subject to review of contract document and approval by City Attorney. June 13, 1994 Page 7 of 7 On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized Mayor Weatherill to sign application for ISTEA funds to design pedestrian walkway and seawall in 1800 block of Bay Street. Councilwoman Powers moved to authorize expenditure of approximately $2,500 for City Hall soil test, seconded by Councilman Morrison and carried. Councilman Clauson moved to authorize acceptance of an Annexation Agreement c with new owner of Inner Harmony Bookstore building at 2516 Bethel Road and �b� establish rates for providing city sewer service to this property, seconded by �7 Counci 1 wam�n Powers and carried. At the request of Fire Chief Snow, Councilman Clauson moved to declare the following items as surplus to the needs of the City and authorized disposal of them in the best interest of the City, seconded by Councilman Morrison and carried. 2 Twin size beds w/mattresses (600032, 600033) 1 Office Chair (600027) 1 Desk Calculator (1-047) 2 Wood Chairs (no inventory control numbers) On motion by Councilman Clauson, seconded by Councilmembers Morrison and Grable, Council excused Councilwoman Powers from July 11, 1994 Council meeting. Meeting adjourned at 10:30 PM. CM CLERK 1 MAYOR W ATHERILL ATTACHMENT A: Port Orchard City Council June 13, 1994 Attac%nent "A" Legal Description of 322 Cline Avenue. That portion of Lots 7 an 8, Block 3, Stevens Town Plat of SIDNEY, AS PER PLAT recorded in Volume 1 of Plats, Page 1, records of Kitsap County, WA as follows: Beginning at the Southeast corner of said Block 3; thence North 75 feet; thence west to the alley which runs through Block 3; thence along said alley in a Southwesterly direction to the South line of said Block 3; thence East to the point of Beginning; except the East 58 ft. of the South 75 ft. of said Lot 7;, and the East 58 ft of the South 75 ft of Lot 7, Block 3, S.M. Stevens Town Plat of Sidney, as per Plat recorded in Volume 1 of Plats, Page 1, records of Kitsap County, Washington. "MF 20" Parcel. Port Orchard City Council June 13, 1994 ATTACHMENT "B" Page 1 of 2 (Harrison Hospital. Health Care Campus) A parcel of land located in the Southeast Quarter of Section 34, Township 24 North, Range 1 East, W.M. described as follows: COMMENCING at the Southeast Corner of Section 34, Township 24 North, Range 1 East, W.M.; THENCE N 0049,12" E along the Section Line 662.00 feet to the South Line of the North Half of the Southeast Quarter of the Southeast Quarter of said Section 34; THENCE N 88033' 48" W along said South Line, 383-22 feet to the TRUE POINT OF BEGINNING; THENCE N 88*33,48" W along said South Line, 928.65 feet; THENCE N 0050'32" E, 275.49 feet; THENCE N 42001,53" E, 115.78 feet; THENCE N 18033,13" E, 312.41 feet; THENCE N 18049,47" E, 7.22 feet; THENCE S 70045'31" E, 334.71 feet to a point of curvature of a 200- foot radius curve to the right; THENCE along said curve 166.81 feet through a central angle of 47'47'18"; THENCE S 22058113" E, 44.43 feet to a point of curvature of a 200- foot radius curve to the left; THENCE along said curve 228.96 feet through a central angle of 65°35'35"; THENCE S 88033'48" E, 121.96 feet; THENCE S 1026'12" W, 300.98 feet to the TRUE POINT OF BEGINNING. Contains 10.0674 acres. g.J PRE L I mmm I Nu A 20Y -0 A:.. LAffia EXPIRES J Port Orchard City council June 13, 1994 ACrDzkC W "B" Page 2 of 2 (Harrison Health Care "GC" Parcel Campus) A parcel of land located in the Southeast Quarter of Section 34, Township 24 North, Range 1 East, W.M. described as follows: COMMENCING at the Southeast Corner of Section 34, Township 24 North, Range 1 East, W.M.; THENCE N 0049' 12" E along the Section Line 662.00 feet to the South Line of the North Half of the Southeast Quarter of the Southeast Quarter of said Section 34; THENCE N 88033,48" W along said South Line 30.00 feet to the West Margin of Pottery Avenue and the TRUE POINT OF BEGINNING; THENCE N 88033,48" W along said South Line, 353.22 feet; THENCE N 1*26,12" E, 300.98 feet; THENCE N 88033,48" W, 121.96 feet to a point of curvature of a 200-- foot radius curve to the right; THENCE along said curve 228.96 feet through a central angle of 65°35'35"; THENCE N 22058'13" W, 44.34 feet to a point of curvature of a 200- foot radius curve to the left; THENCE along said curve 166.81 feet through a central angle of 47`47'18"; THENCE N 70045,31" W, 334.71 feet; THENCE N 18049 , 47" E, 201.04 feet; THENCE N 32018'11" E, 170.64 feet; THENCE N 63023,481, E, 82.36 feet; ��h'�, THENCE S 81129,23" E, 263.49 feet; ��-'oFwasy�A•,.cP THENCE S 88016,34" E, 110.13 feet; Q:4� ✓c�`O THENCE S 0049112" W, 123.83 feet; THENCE S 88033,48" E, 330.95 feet; THENCE S 0049' 12" W, 165.50 feet; THENCE N 88033148" W, 24.30 feet; ALtAN95JQ` THENCE S 10000'00" E, 37.94 feet; THENCE S 34°22' 43" E, 73.23 feet; EXPIRES 1-.23 THENCE S 25*49102" E, 47.97 feet; THENCE S 67048,58" E, 74.16 feet; THENCE S 88"33'48" E, 284.38 feet to the West Margin of Pottery Avenue; THENCE S 0049' 12" W along said West Margin, 331.00 feet to the TRUE POINT OF BEGINNING. Contains 7.3954 acres. PRELIMINARY Port Orchard City Council PUBLIC WORKS DEPARTMENT June 13, 1994 AttachTent "C" Page 1 of 4 13 June 1994 TO: City Council FM: City Engine, RE: Bid Results Municipal Court Ramp Central Playfield Restroom The bids for the two projects were opened and read aloud at the bid times which were advertised. The bid results are attached. The Central Playfield Restroom came in well above the Engineer's Estimate. It appears that the project was too small for the sub- contractors to take an interest in it. Therefore, there was Little, if any, competitive pricing among the plumbers and electricians. The engineer's estimate was $11,600, The only bid was $23,649.85. It is recommended that the bid be rejected. The enclosed fax proposes to CDBG that the money assigned to the restroom be transferred to the Municipal Court Ramp contract. The Court Ramp was about $2,300 over the engineer's estimate. This difference was apparently due to an underestimating of the profit requirement. The greatest difference between low bid and estimate was the excavation bid item. The fax to CDBG lists the cost of the project. It was expected that the city would purchase and furnish the door openers and doors. The total construction cost would be about $15,000. If the CDBG allows fund transfers, then it is recommended the City award the contract to the lowest bidder. If the CDBG does not allow the fund transfer, then it is recommended that the City award the contract to the lowest bidder and the matching share for the restroom contract be transferred to the Court Ramp contract. Central Playfield is currently being served with a portable toilet. CITY OF PORT ORCHARD Port orchard City Council PUBLIC WORKS DEPARTMENT June 13, 1994 216 PROSPECT STREET Attachment "C" Page 2 of4 PORT ORCHARD, WA 98366 13 June 1994 TO: CDBG; Ms Pam Root FM: Larry Curles RE: Port Orchard Block Grants Pam, Number of Pages: 3 FAX y,7,?- 527,5 Enclosed are the bid results for the Municipal Court ramp and the Central Playfield Restroom. Obviously, the restroom bid will be rejected. The cost to construct the restroom is a valid cost and I do not think we can get it lower. With the requirements of ADA, we cannot ignore the needs of this project. Therefore, the project should be given serious consideration. With the bid opening, we can now determine the final project costs: Construction $10,993.75 Automatic Doors $ 1,986 (City to Furnish) Front Door $ 700 (City to Furnish) Sales tax $ 1,108 PROJECT TOTAL $14,787.75 say $15,000 It is recommended that the $5040 for the Central Playfield Restroom be transferred to the Municipal Court Project and the City award the Court Ramp contract. It is further recommended that the city redesign the restroom project to reduce the cost by using concrete block .or wood walls and using porcelain fixtures instead of stainless steel. The design would not be a CDBG expense. If the Library project has $5,040 available after bid opening, the City would be able to transfer that amount of money to resume the central playfield project. Tc9764991 City Fngioecr: Larry Curies Faz 976-49W Ciq FLnntr. Donna Brown % MUNICIPAL COURT RAMP BID RESULTS Port Orchard City Council June 13, 1994 AttacYmtent "C" Page 3 of 4 OLSEN"S GENE FREIGANG JRR CONCRETE PRECISION CONCRETE ENGR/S EST. EXCAVATION 1600 1540 1098 1690 200 CONCRETE FORMS 1762.50 3640 3296 3202 1800 CONCRETE RAMP 2781.25 2600 2196 3750 3000 FRONT DOOR 925 510 960 600 500 AUTOMATIC OPENER 400 620 369 150 300 RESTROOM DOOR 862.50 520 960 500 1000 HANDRAIL 1350 940 1098 1850 1100 ELECTRICAL 650 650 700 700 400 PAINTING 662.50 680 960 237 300 BID PRICE 10,993.75 11,700 11,865 12,679 8,600 CENTRAL PLAYFIELD RESTROOM BID RESULTS Port. Orchard City Council June 13, 1994 Attachment "C" Page 4 of 4 OLSENI'S ENGR-S EST. EXCAVATION 3,712.50 1.,000 CONCRETE BUILDING 5,794.85 5,500 ROOF 2,850.00 500 FIXTURES 5,320.00 2,000 DOORS 1,275.00 1,000 WALLBOARD 487.50 300 SIDEWALK 1,050.00 525 ELECTRICAL 2,612.50 500 PAINTING 637.50 275 BID PRICE 23,649.85 11,600