02/23/1998 - Regular - MinutesPort Orchard, Washington
February 23, 1998
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, Geiger, Powers, Van Zee and Stansbery. Councilman Morrison excused. Staff present:
Police Chief Mathews, City Treasurer Tompkins, City Engineer Curles, City Clerk Parks, Deputy
Clerk Merlino, and Assistant City Attorney Hanson and Fire District No. 7 Contract
representative, Assistance Chief Snow.
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. No
response was received.
Mike Cabe, representing Western Steel, presented a drawing of the new "Guest House Inn"
located on Bravo Terrace which is scheduled to open March 4, 1998 and the grand opening to
be announced in April, 1998. Mr. Cabe availed himself to answer questions from the Council.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Special Use Permit
Application submitted by Orton Krueger to allow conversion of a single family residence into
professional offices for Tom Herstad Building Design, Inc. at 296 Tremont Street. This
conversion is considered Phase I. Phase II of the proposal includes demolition of the existing
building and construction of a 8,370 square foot professional office building in approximately
three to five years. The Planning Commission has recommended denial of this application.
LEGAL DESCRIPTION: Section 35, Township 24, Range 1 E, that portion of the NE quarter of
the SW quarter of Section 35, Township 24 North, Range 1 East W.M., in Kitsap County,
Washington, described as follows: Beginning at a point on the south margin of Tremont Street
457.4 feet east of the NW corner of the SW quarter of the NE quarter of the SW quarter of said
Section 35; thence south 0*13' E 165 feet; thence S 89*10' E 132 feet; thence north 0*13' W
165 feet; thence north 89*10' W 132 feet to the beginning except the portion conveyed to the
City of Port Orchard per Auditor's File No. 9306140399.
Councilman Wyatt stepped down from Council table and refrained from voting due to a conflict
of interest.
City Planner Gross brought Council up-to-date on the Planning Commission's recommendation
for denial specifically due to (1) traffic impact in the area, (2) ingress and egress- onto Tremont
Street and (3) inconsistency with the Tremont Specific Plan.
Tom Herstad, applicant for the project, requested a modification of his proposal by deleting
Phase II of the project, which included the demolition of the existing building and construction of
a 8,370 square foot professional office in approximately three to five years. Mr. Herstad
advised Phase I of the project will provide him with adequate space for his business. Mr.
Herstad also requested condition #9 of the staff report be deleted to allow for modification of the
existing structure for his own use without City Council review.
Mayor Weatherill called for audience comments regarding an application for a Special Use
Permit as submitted by Orton Krueger.
February 23, 1998
Page 2 of 3
Mike Hoskins, 1324 West Street, spoke in favor of the project, however suggested a center turn
lane on Tremont instead of additional traffic signals.
Gil Michael, 228 Seattle Avenue, spoke in opposition to the project, expressing a concern with
the noncompliance or deviation from the Tremont Specific Plan.
Bob Heubert, 261 Tremont Place, questioned the Council's vision for future development along
Tremont Street, either Residential or Commercial.
Mayor Weatherill called for additional audience comments regarding an application for a Special
Use Permit as submitted by Orton Krueger. 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 Geiger, seconded by Councilman Clauson, Council remanded back
to the Planning Commission for further review Phase I of Special Use Permit No. 1079 as
submitted by Orton Kreuger. Motion passed with 6 ayes. This matter will be placed on the
March 16, 1998 Planning Commission agenda.
J. Harold Smith, 2954 Hoover Avenue, addressed Council regarding an appeal to the City
Council's decision to deny a credit adjustment to his sewer bill for property located at 1315 West
Avenue. Council advised Mr. Smith after hearing additional testimony from him, the Council's
original motion presented at the January 26, 1998 Council meeting will remain as stated to deny
a credit adjustment to his sewer bill for property located at 1315 West Avenue, due to not
following proper city procedures.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved
Ordinance No. 1714 (amending Ordinance No. 1693) granting a modification to the site plan
and elevations for property located at 1761 Pottery Avenue to allow the development of a 60
unit assisted living facility, commonly known as Stafford Suites. The owner is Doug Ostrom and
his representative is W.M. Palmer Consultants.
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved the
following Consent Agenda items:
a. Minutes of the following Council meetings:
(1) February 9, 1998 regular meeting
(2) February 3, 1998 continued Zoning Ordinance Public Hearing
(3) February 11, 1998 continued Zoning Ordinance Public Hearing
b. Approval of Claim Warrants Number 28337-28387 in the amount of $44,913.82.
C. Application for Carnival License for carnival located at South Kitsap Mall on
April 22-26, 1998.
Councilman Geiger requested city staff review conditions of approval for Special Use Permit
No. 1021 issued to James Sullivan for property located at 207 Rockwell Avenue.
February 23, 1998
Page 3 of 3
By general consensus, the City Council authorized Fire District No. 7 use of the Minolta EP
4050 copy machine located at 200 Tremont Street for the duration of the city's lease. Fire
District No. 7 has agreed to reimburse all costs associated with the leased machine.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council
authorized Mayor Weatherill to sign the supplemental agreement with the Department of
Transportation regarding the Bethel Roundabout with the following two conditions: (1) the City
will maintain the center island of the roundabout and (2) no landscape planting will grow over
six inches (6") in height.
Fire District No. 7 contract representative, Assistant Chief Snow, advised Council the Fire
District will have a practice burn inside the city limits on March 15, 1998.
At 8:30 PM Mayor Weatherill called for a 15 minute recess with meeting reconvening at 8:45
PM.
At 8:45 PM Mayor Weatherill adjourned Council into Executive Session for 15 minutes to
discuss a personnel issue and the Public Defender Contract. Executive Session was
extended an additional 15 minutes.
Council reconvened into regular session at 9:15 PM.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council authorized the
Mayor to sign the Public Defender Contract with Joan H. Case, Attorney At Law with the
following terms:
(1) The contract will commence on March 1, 1998 through February 28, 1999;
(2) A flat fee $2550.per month for a 12 month period with a $30,000 cap. The
amount is based upon an assumed number of 150 full appointments at $155.
each, for representation of new matters as signed during the contract year; and
90 half appointments for post conviction matters at $75 each.
On motion by Councilman Van Zee, seconded by Councilman Clauson, Council excused
Councilwoman Powers from the April 13, 1998 Council meeting.
Meeting adjourned at 9:45 P.M.
Michelle Merlino, Deputy Clerk LESLIE J. WEATHERILL, MAYOR