05/26/1998 - Regular - MinutesPort Orchard, Washington
May 26, 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, Morrison, Wyatt, Geiger,
Powers, Van Zee and Stansbery. Staff present: Acting Police Chief Loftin, City Planner Gross, City
Engineer Curles, Deputy Clerk Merlino, City Clerk Parks, City Attorney Ryan and Fire District No. 7
Contract Representative, Assistant Chief Snow.
Councilman Stansbery 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.
Debbie Baker, 1026 Sidney Avenue, Suite 100, thanked the City for its continued support of the "Concert
on the Bay" series. Ms. Baker presented a handout illustrating the upcoming events scheduled for the
Marina Park.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Special Use Permit application to allow
a telecommunication facility and construction of a 60-foot tall monopole, cellular tower, 9-panel type
antennas, and an electronics cabinet at 851 Mitchell Avenue, as submitted by Western Wireless. LEGAL
DESCRIPTION: Attachment "A"
Monica Olson, representing Western Wireless illustrated on an overhead where the facility is located and
what the facility will accommodate. Ms. Olson addressed the conditions of approval recommended by the
Planning Commission and advised Council, Western Wireless has agreed to all of the conditions of
approval.
Sharad Langhnoja, representing Western Wireless, also presented a color map depicting areas the
cellular tower will service.
Mayor Weatheri[[ asked for audience comments regarding an application for the Special Use Permit as
submitted by Western Wireless. 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 Stansbery, seconded by Councilman Wyatt, Council approved a Special Use
Permit to Western Wireless (with ten conditions as recommended by the Planning Commission, (listed
below) to construct a Telecommunication facility and a 60-foot tall monopole cellular tower, 9-panel type
antennas, and an electronics cabinet at 851 Mitchell Avenue.
1. A building permit shall be obtained from the Building Department prior to installation.
2. No exterior lighting shall reflect on adjoining residential properties.
3. A landscaping and lighting plan shall be submitted and approved prior to building permit issuance.
The landscaping plan must include a minimum of 5-gallon size evergreen shrubs to screen the
facility from Mitchell Avenue. The existing trees and shrubs on the south side of the facility must be
maintained and replaced if they become diseased or die. Landscaping consistent with what is
planted on time west and north will be planted on the south and east sides of the facility. Western
Wireless will maintain all the landscaping that they plant.
4. A copy of the recorded, modified and expanded easement agreement shall be submitted to the City
Engineer's office prior to issuance of a building permit.
5. An address shall be issued for this facility prior to building permit issuance.
May 26, 1998
Page 2 of 5
6. The final monopole design must incorporate a strobe light at the top of the pole for helicopter safety
shielded from adjacent residences.
7. The terms of the Special Use Permit shall commence within 180 days from the effective date of
approval. If the time limit for development expires and development has not commenced, or the use
permitted by the permit does not exist, the permit shall be considered void. No notice need be given
nor hearing held.
8. The applicant shall replace any dead or diseased landscaping found on the site within one (1) year of
planting.
9. The monopole shall be painted a non -glare green or similar color to blend with the surrounding
landscape.
10. The pole shall be designed to allow future co -location of personal communication services.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding a Special Use Permit application as
submitted by project applicant and representative Tom Herstad to allow conversion of an existing 1,079
square foot single family residence into professional offices located at 296 Tremont Street for Tom
Herstad Building Design, Inc. LEGAL DESCRIPTION: Attachment "B"
Councilman Wyatt stepped down from Council table, due to a conflict of interest.
City Planner Gross updated Council on the deletion of Phase 11 of the proposed project. The applicant did
submit a revised site plan deleting Phase 11 of the proposed project and a SEPA checklist on March 27,
1998. The Planning Commission recommended approval of this project.
Tom Herstad, 3949 SE Mile Hill Dr. Suite B., applicant for project, discussed the proposed project that
would relocate his current business from Mile Hill Drive to the proposed location on Tremont Street. Mr.
Herstad requested the deletion of Condition No. 9 which requires any substantial change in building
elevation or site plan approved by the City Council shall be reviewed by the City Council prior to building
permit issuance.
Mike Hoskins, 1324 West Avenue, suggested alternative parking on the site and expressed a concern
with the proposed landscaping blocking site distance at the ingress and egress of the property.
Mayor Weatherill called for additional audience comments regarding an application for a Special Use
Permit as submitted by project applicant and representative Tom Herstad. 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.
Councilman Van Zee moved to approve the Special Use Permit application as submitted by project
applicant and representative Tom Herstad to allow conversion of an existing 1,079 square foot single
family residence into professional offices located at 296 Tremont Street with 10 conditions as
recommended by the Planning Commission Resolution No. 288-98 with an additional condition - The
landscaping plan must be submitted and approved by the City Engineer's office prior to building permit
issuance, seconded by Councilman Geiger.
Councilman Clauson amended motion to limit ingress and egress to one driveway, (property owner's
choice), seconded by Councilwoman Powers. Motion passed with 4 ayes and 2 nays. Councilmembers
Stansbery and Morrison voting nay.
May 26, 1998
Page 3 of 5
Council approved original motion as amended to approve the Special Use Permit as submitted by project
applicant and representative Tom Herstad to allow conversion of an existing 1,079 square foot single
family residence into professional offices located at 296 Tremont Street with 10 conditions of approval (as
follows). Original motion passed with 6 ayes and 1 nay. Councilman Morrison voting nay.
A tenant improvement permit is required prior to any business occupancy of the building.
The property owner shall allow the City's representative(s) to inspect the facility to determine
compliance with building, fire, and security requirements.
2. The property cannot be used for commercial purposes until it complies with applicable
building, fire, and security code requirements.
3. The staff, customers, or other visitors to 296 Tremont Street shall not park at the public
parking lot that serves Van Zee Park.
4. The Fire Department shall review and approve building plans prior to building permit
issuance.
5. A sign permit is required prior to installation. Total on -site signage is limited to 132 square
feet. All signage shall comply with the Tremont Corridor Plan, Section "E".
6. A City of Port Orchard business license must be applied for prior to issuance of the tenant
improvement permit.
Any substantial change in the building elevation or site plan approved by the City Council
shall be reviewed by the City Council prior to building permit issuance.
8. The terms of the Special Use Permit shall commence within 180 days from the effective date
of approval. If the time limit for development expires and development has not commenced,
or the use permitted by this permit does not exist, the permit shall be considered void. No
notice need be given nor hearing held.
9. A new landscaping plan must be submitted and approved by the City Engineer's Office
prior to building permit issuance.
10. Access to the property shall be limited to one driveway only.
At 8:55 PM Mayor Weatherill called for a 10-minute recess with meeting reconvening at 9:05 PM.
City Clerk Parks reported on bid opening held May 13, 1998 at 4:30 PM regarding surplus of miscellaneous
computer equipment. One bid for each piece of equipment was received from Joseph Snow. Results —
Attachment "C"
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council accepted the bidding for
the surplus computer equipment and awarded all of the surplus computer equipment to Joseph Snow in the
amount of $480.00. Attachment "C"
On motion by Councilman Stansbery, seconded by Councilman Morrison, Council declared miscellaneous
bicycles in the police evidence room as surplus, to the needs of the City, and authorized the Police
Department to dispose of them in the best interest of the City. Attachment "D"
May 26, 1998
Page 4 of 5
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council adopted Resolution No.
1810 establishing a policy for the repair and maintenance of the sidewalks.
On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council approved Ordinance No.
1724 repealing Ordinance Nos. 1606, 1649, 1650, 1656, 1666 and 1675 by replacing certain sections of Title
Nine relating to public peace, safety and morals for the City of Port Orchard, repealing and replacing certain
sections of Title Ten relating to vehicles and repealing and replacing certain sections of Title One relating to
general provisions of the City of Port Orchard.
Council designated June 10`h at 7:30 PM in the City Council Chambers as a Study Session to discuss the
future Gorst UL1D impact on residents along and near the Dogwood Hill Road.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council removed from table, tabled
motion authorizing an expansion of the Kitsap Transit lease for property located at the former landfill from '/2
acre to 1 '/2 acres for a total of $225.00 per month and rent to be adjusted annually by the Seattle CPI-U
index.
Councilwoman Powers withdrew original motion, as presented on May 11, 1998, with concurrence by
Councilman Morrison, who had seconded the original motion.
Councilwoman Powers moved to authorize an expansion of the Kitsap Transit lease for property located at
the former landfill from % acre to 1 %z acres with an initial lease rental fee of $185.00 per acre per month for
10 years with a renewal option for an additional 10 years and rent to be adjusted annually by the Seattle CPI-
U index, and further Kitsap Transit will make the necessary improvements to the road at their own expense,
contingent upon review by the City Attorney regarding the length of lease terms, seconded by Councilman
Van Zee.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council tabled motion on the proposed
Kitsap Transit lease for further review of property values.
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized the Port
Orchard Friends of the Library permission to install an awning at the front door of the library with the following
three conditions:
1. The City will not incur any cost in the project.
2. The awning cannot block the existing Port Orchard library sign and the sign has to remain
near the front entrance.
3 The entrance has to remain illuminated with an entry light.
Motion passed with 6 ayes and 1 nay. Councilman Geiger voting nay.
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council approved the following
Consent Agenda items:
a. Minutes of the following Council meetings:
(1) May 11, 1998 regular meeting, as amended
(2) May 6, 1998 continued Study Session — Sign Ordinance
(3) May 18, 1998 continued Study Session — Sign Ordinance
b. Claim Warrants number 28828-28894 in the amount of $132,319.48.
C. Application for Public Event, May 30, 1998 — Girl Scout Fun Day, located at Van Zee Park.
May 26, 1998
Page 5 of 5
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized Mayor Weatherill
to sign contract with Interstate Protective Services at $16.00 per hour to provide security service at the new
city hall project site to maintain the integrity of the archeological findings.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council authorized the sale of
the Parkwood property, which was acquired through the ULID foreclosure process at the current real estate
value. (Property Tax Account No. 4720-000-023-0004).
On motion by Councilwoman Clauson, seconded by Councilman Morrison, Council excused Councilwoman
Powers from the following City Council meetings, June 8, 1998 and November 23, 1998.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized Mayor
Weatherill to sign the Good Faith Estimate in the amount of $6,958.00 with Carrenden Enterprises, Inc. for
the Phase I Environmental Site Assessment and Hazardous Materials Survey for the Red Barn property
located at 900 Mitchell Avenue.
Council designated June 1, 1998 as a Study Session to discuss the recent discovered Indian midden at the
new city hall construction site. Seattle archaeologist Lynn Larson will answer questions and describe work
that must be done at the site.
Meeting adjourned at 10:25 P.M.
3
Michelle Meriino, Deputy Clerk
LESLIE J. WEATHERILL, MAYOR
May 26, 1998
Attachment "A"
LEGAL DESCRIPTION
WESTERN WIRELESS CORPORATION
ORCHARD HEIGHTS SEBRING SE-6004-A
The property is legally described as follows:
That portion of the Southeast Quarter of the Southwest Quarter, Section 25,
Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described
as follows:
Beginning at a point 380 feet north of the southwest corner of said southeast
quarter of the southwest quarter; THENCE east 335 feet; THENCE north 120 feet;
THENCE west 335 feet; THENCE south 120 feet to the point of beginning; together
with that portion of vacated street adjacent on west as would attach by law;
EXCEPT therefrom the following described tract:
Beginning at a point 380 feet north of the southwest corner of the southeast quarter
of the southwest quarter, Section 25, Township 24 North, Range 1 East, W.M., in
Kitsap County, Washington; THENCE running easterly approximately 30 feet to
that certain road known as described as the Mitchell Unsurveyed County Road;
THENCE northeasterly along said county road approximately 125 feet to a point
which is 45 feet, more or less, east of Hemlock Avenue; THENCE easterly along said
line to Hemlock Avenue, a distance of 45 feet, more or less; THENCE southerly
along said Hemlock Avenue, 120 feet to the point of beginning;
EXCEPT Mitchell Road.
Assessor Parcel No.: 2524 013 008 20
y-F r':,''i f
'j 7998
MaYr 26, 1998. ;.
"
hment "B„
AiS/C2330 LEGAL DESCRIVT101. rOR 3z2401-3-033-•2001 08/28, 97
i -
I I
` SECTION 3S :TOWNS141P 24 iRANGE 1E
y 1 TEAT PORTION Off' THE NO''THEAST QUPMTER vF THE SOUTF-WEST t
I 2 � QUARTER. OF :SECTION 35, 1'i'OWNSHTp 24 NORTH, RANGE i EAST,
? W.M,, IN kITSAP COUNTY,; WASHINGTON, DESCRIBED AS FOLLOWS:
4 BEGINNING AT A POINT ON THE SOUTH MARGIN OF TREYON3' STRER'' j
5 457.4 FEET EAST OF THE INORTHIFEST CORNER OF THE SOUTRWEST '
6 QUARTER OF THE NORTHRA9,T QUARTER OF 7?M SOUTHW= QUARTER
7 OF SAT_D SECTION 35; THENCE SOUTH 0*1.3' EAST 165 FZEx;
8 THEMC SOMME S 9 * 1.4 ' EA9-T i 3 ? FEET; TRENCE NORTH 0 * 13 ' WES
? 3.65 F22T; THENCE. NORTH �89*3.0' WEST 132 FEET TO THE BEGINNING
10 EXCEPT- THE PORTION CONVEYED TO THE 'CITY OF PORT ORC"rTA- RO PER `
11 Au'DITGR' S FILE. NO. 93flb1 .9.
RECEIVE®
DEC 15 1997
CITY OF PORT ORCHARD
PUBLIC WORKS
May 26, 1998
Attachment "C"
Miscellaneous Computer Equipment
BID DATE: Mayl3, 1998 at 4:30p.m.
Equipment Bidder Bid Amount Check No.
Su ra FAX Model 144LC, Serial #128844 Modem
Joseph Snow
20.00
4358
Macintosh iici 5 MB (M5743LLIA) and
Seiko Instruments Color Monitor CM-1445C
Joseph Snow
325.00
4359
,Apple Macintosh SE Computer
Joseph Snow
40.00
4360
External Hard Disk Drive
Joseph Snow
40.00
4361
Ima ewriter LQ Printer
Joseph Snow
55.00
4362
15 May 1998
May 26, 1998
Attachment "D"
To: Acting Chief Loflin
Re: Bicycles
It is requested that the following bicycles be declared surplus and
then turned over to the TOYS FOR TOTS program.
Property
# Case #
Description
12265
97-2566
Murray, 24" girls 10 speed
12290
97-2829
Boys blue bike
12309
97-2904
Tech Racer 290 BMX
12363
97-3085
Team Murray BMX
12399
97-3229
BMX style purple
12417
97-3274
Centurion, red in color
12421
97-3278
American Eagle girls
12549
98-248
Fuji road bicycle
12550
98-263
Schwinn mountain bicycle
12555
98-294
Mountain bike, men's green
12576
98-373
Huffy men's bicycle
Serial numbers were
checked via WACIC for stolen.
reported
as stolen.
Very respectfully submitted,
Jan R. My�s `J
Evidence Of✓ ficer
cc: f ile
None were