09/14/1998 - Regular - MinutesPort Orchard, Washington
September 14, 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. Councilmembers present: Clauson,
Wyatt, Morrison, Geiger, Powers, Van Zee and Stansbery. Staff present: City Clerk Parks,
Deputy Clerk Merlino, Police Chief Mathews, City Treasurer Tompkins, City Engineer Curles, City
Planner Gross, City Attorney Hanson, and Fire District 7 Contract representative, Assistant Chief
Snow.
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.
City Planer Gross presented a request from Doug Eide for an 18 month extension on his rezone
(R-1124) for property located at 2497 Bethel Avenue. On December 23, 1996 the City Council
approved Ordinance No. 1670 which allowed for a development of a two-(2) story professional
office building, upon the demolition of the existing single family residence.
Doug Eide, 4033 Lasada Lane, applicant requested Council's concurrence on the 18 month
extension to allow time for developing the site for his use and resale.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council granted an 18
month rezone (R-1124) extension for his property located at 2497 Bethel Avenue to allow for
development of a two (2) story professional office building, upon demolition of the existing single
family residence.
Scott Candland, President of the Port Orchard Downtown Association and Tom Beckwith,
Consultant, presented an architectural plan depicting a proposed redevelopment plan for
downtown Port Orchard. Mr. Beckwith discussed several long range visions which need to be
accomplished within the next 1 — 3 years. Such projects include, marketing, promotion, parking,
transit, landscape, boardwalks, building refurbishment and new project development.
Fred Karakas, downtown business and property owner, spoke in opposition to any proposed plan
for the redevelopment of Port Orchard.
Melvin Hall, downtown property owner, also spoke in opposition to the proposed plan for the
redevelopment of Port Orchard. Mr. Hall would like downtown Port Orchard to remain the same.
At the request of Councilman Clauson, Mayor Weatherill requested the City Council Growth
Management Committee meet with the redevelopment proponents to review the plan in depth and
report back to the Council.
City Treasurer Tompkins presented proposal for creation of a new employment position within the
Finance Department Data Processing Division. This position would be responsible for
administering the city's computer network, maintain all computer related hardware and software,
train city staff, implement the City's GIS system and coordinate outsources work.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted
Resolution No. 1826 creating a LANIGIS Technician within the Finance Department and providing
for the salary thereof.
September 14, 1998
Page 2 of 6
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Petition to Vacate a portion of
an unnamed alley lying south of Melcher and between Sherman on the west and Howard Avenue
on the east, petition submitted by Chuck Childress.
City Engineer Curies gave a brief synopsis on the request for the Street Vacation.
Howard Minor, 1400 Bay Street, adjacent property owner, spore in support of the Street Vacation.
Marna Snow, adjacent property owner, questioned the stability of the hill where the site is located.
Jerry Jones, adjacent property owner, referenced property line/survey discrepancies in this
neighborhood.
Mayor Weatherill called for additional audience comment concerning the Petition to Vacate a
portion of an unnamed alley lying south of Melcher and between Sherman on the west and
Howard Avenue on the east. As no further comments were received, Mayor Weatherill closed
public input portion of the Public Hearing and referred the matter to Council for their consideration.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council approved Street
Vacation as submitted by Chuck Childress for property located on a portion of an unnamed alley
lying south of Melcher and between Sherman on the west and Howard Avenue on the east. The
portion to be vacated is the surveyed portion (16'x350') with a base assessed value of $7,280.00.
Motion passed with 4 ayes and 3 nays. Councilmembers Geiger, Wyatt and Clauson voting nay.
Mayor Weatherill called for a 10 minute recess at 9:02 PM with meeting reconvening at 9:12 PM.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding a Special Use Permit application
as submitted by the American Legion and project applicant is Discovery Montessori. The request
is to allow Discovery Montessori preschool and elementary school program at 615 Kendall Street.
LEGAL DESCRIPTION: Lot(s) 15, 16, 17, 18, 19 and 20, block 10, Sweany's addition to Sidney
according to the plat recorded in Volume 1 of plats, page(s) 55, records of Kitsap County,
Washington. Reserving for the City of Port Orchard an easement over, under, across and through
the west 12 feet of said lot 20 for utilities and drainage purposes.
Councilman Stansbery advised he lives within 300' of the subject property of this Special Use
Permit application and asked if the applicant or anyone in the audience objected to his remaining
on the Council table. As no response was received, Councilman Stansbery remained on the
Council table for voting and discussion.
City Planner Gross gave the staff report on this project and outlined the proposed uses the
applicant has proposed for the site.
Karen Nelson, owner/director of Discovery Montessori School, reviewed classes and activities that
would be held at this site and stated the American Legion facility would meet all their needs to
expand their current educational classes and asked for Council's concurrence on this application.
Keith Folkerts, 1416 Saddle Club Road, spoke in favor of the Discovery Montessori School, and
asked for Council approval of the Special Use Permit and suggested the City support this project
by painting crosswalks in the area.
Howard Minor, 1400 Bay Street, spoke in favor of the project.
September 14, 1998
Page 3 of 6
Bill Ralph, representing the American Legion, stated the American Legion supports children and
youth and this project would make a good use of their facility.
Mayor Weatherill called for additional audience comment concerning the Special Use Permit as
submitted by the American Legion and project applicant Discovery Montessori. As no further
comments were received, Mayor Weatherill closed the public input portion of the Public Hearing
and referred the matter to Council for their consideration.
On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council approved the
Special Use Permit as submitted by the American Legion and Discovery Montessori to allow the
Discovery Montessori preschool and elementary school program at 615 Kendall Street, with 9
conditions of approval as recommended by Planning Commission Resolution No. 294-98.
A building permit shall be obtained prior to occupancy and a Certificate of Occupancy
issued prior to opening the preschool and elementary school programs.
2. The preschool and elementary school programs must have their State license in hand prior
to commencement of the use, if required. A copy of this license shall be provided to the
Public Works office.
3. The play area must meet State requirements and documentation of compliance must be
submitted to the Planning office prior to issuance of a Certificate of Occupancy.
4. The school shall reimburse the City for installation of two (2) school zone signs and for the
cost of a crosswalk. The City shall specify the dimensions and type of crosswalk.
5. Discovery Montessori shall operate between the hours of 8:30 a.m. and 3:30 p.m. Monday
through Friday only.
6. A sign permit is required prior to installation. Signage is limited to four (4) square feet.
7. Special Use Permit approval is granted for Discovery Montessori only and the following
classes and their respective specifications:
Class I is kindergarten through second grade meeting Monday through Friday 9:00
a.m. to 3:00 p.m. The maximum class size is 20 students.
Class 11 is a half -day kindergarten and preschool class meeting Monday through
Friday 9:00 a.m. to 11:30 a.m. The maximum class size is 18 students.
Class 111 is a half -day kindergarten and preschool class meeting Monday through
Friday 12:30 p.m. to 3:00 p.m. The maximum class size is 18 students.
Class IV (Phase II) is a kindergarten through third grade class meeting Monday
through Friday 9:00 a.m. to 3:00 p.m. The maximum class size is 20 students.
Any change in ownership of the school shall constitute a change to the use permit and as
such shall require City Council review.
September 14, 1998
Page 4of6
8. A building permit must be obtained and a Certificate of Occupancy granted prior to
commencement of the forth class.
9. 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.
Mayor Weatherill opened the 7:45 PM Public Hearing to receive testimony and consider a Land
Use Application as submitted by Millie's Tux and Bridal Store. The property owners are Wilfred
and Millie Cullimore. The reclassification from Residential High to Commercial General is to allow
outdoor weddings in a 30-foot by 40-foot area. The Planning Commission has recommended
denial of this application. LEGAL DESCRIPTION: That portion of Lots 7 and 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 the southwesterly direction
to the south line of said block 3, thence east to the point of beginning; except the east 58 feet of
the south 75 feet of said lot 7; and the east 58 feet of the south 75 feet 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.
City Planner Gross gave the staff report for this project reviewing the history of the subject
property and the proposal to expand services at this site.
Wilfred Cullimore, property owner, requested Council approve this Land Use Application and
requested the Council allow the wedding ceremonies be performed inside the facility as well as
outside.
Dale McClintock, adjacent property owner, spoke in opposition to the change of the land use
designation from Residential High to Commercial General, and further expressed a concern with
increase traffic and noise in the area. Ms. McClintock also read into record a letter from Elizabeth
Cottrell, 623 DeKalb Street, who reiterated the same concerns regarding request to rezone to the
Commercial General designation, siting increase in traffic and noise.
Leona Atkins, 624 Dekalb, expressed a concern with locating commercial businesses in a
residential area.
Mayor Weatherill called for additional audience comment concerning the Land Use Application as
submitted by Millie's Tux and Bridal Store to allow outdoor weddings in a 30-foot by 40-foot area.
As no further comments were received, Mayor Weatherill closed the public input portion of the
Public Hearing and referred the matter to Council for their consideration.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council denied the
Land Use Reclassification application as submitted by Wilfred and Millie Cullimore, owners of
Millie's Tux and Bridal Store and further adopted Planning Commission Resolution No. 293-98
setting forth facts and findings as their own.
Mayor Weatherill opened the 7:50 PM Public Hearing to receive input and testimony regarding city
action to extend the Residential Subdivision Moratorium to January 1, 1999.
September 14, 1998
Page 5 of 6
City Planner Gross gave staff report on Planning Department progress on updating the Draft
Zoning Ordinance to incorporate all of the revisions made by the City Council during the 45 public
hearings which were held to consider the new Zoning Ordinance. This update will not be finished
before the expiration of the current Residential Subdivision Moratorium. State statute provides for
six month extensions of this moratorium, however, staff is only requesting a three month
extension. This would allow time for completion of the final draft of the Zoning Ordinance and the
required 60-day state review prior to final consideration of the ordinance by the city council.
Howard Minor, 1400 Bay Street, recommended the Council to extend moratorium the full 6
months allowed by state statute.
Mayor Weatherill called for additional audience comment concerning the Residential Subdivision
Moratorium extension to January 1, 1999. As no further comments were received, Mayor
Weatherill closed the public input portion of the Public Hearing and referred the matter to Council
for their consideration.
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council extended the
Residential Subdivision Moratorium for 3 months to expire on January 1, 1999, Council further
adopted Resolution No. 1825 setting forth facts, findings and conclusions relevant to the renewal
of a Residential Subdivision Moratorium.
On motion by Councilman Van Zee, seconded by Councilman Geiger, Council approved the
following consent agenda items as follows:
a. Minutes of the August 24,1998 regular Council meeting, as amended.
b. Approval of Claim Warrants Number 29406-29502 in the amount of
$327,058.16 and August 1993 Payroll Warrants 130070-130245 in the amount
of $221,179.23.
C. Resolution No.1824 approving the issuance of a Special Use Permit to Royal
Valley LLC for property located at the Northwest comer of Sweany Street and
Sidney Avenue to construct a 39-space parking lot. (Public Hearing was held on
August 24, 1998.)
d. Ordinance No. 1734 repealing Ordinance No. 1655 relating to parking of mobile
homes and recreational vehicles (POMC 17.36.010) restrictions. (No change
regulations governing mobile homes and recreation vehicles. This ordinance will
repeal an out of date ordinance. All current regulations concerning parking of
mobile homes and recreational vehicles are adopted in Ordinance No. 1700.)
e. Ordinance No. 1735 repealing Ordinance No. 1703 and amending Ordinance No.
1729, Section 2(d) (P.O.M.C. 15.04.010) Building Codes Adopted. (This
ordinance is presented to correct a clerical error.)
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized
the Mayor to sign the Interlocal Agreement between the City of Bremerton and the City of Port
Orchard for the traffic signal maintenance.
On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council authorized the
Police Chief to hire an additional police officer (lateral entry) prior to the final retirement of an
September 14, 1998
Page 6 of 6
officer who is currently out on temporary disability. Bringing the new officer on board at this
time will allow the City to maintain law enforcement staffing standards (1 officer per 500
residents).
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved
contracting with Kennedy/Jenks to design the odor control measures at the Wastewater
Treatment Facility. Design costs will be paid by the Wastewater Treatment Facility,
approximately $8,614. Construction cost has not been established as of yet.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the Mayor to sign the necessary contract with Kennedy/Jenks and to proceed with the
implementation of the pilot plant at the Wastewater Treatment Facility.
On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council authorized
the Mayor to sign Change Order No. 1 for the Active Club Building Roof and Ceiling repair
project, in the amount of $3,148.00 plus WSST.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized
the Mayor to sign Change Order No. 3 for the new City Hall project, which addresses the
contractor costs for the delay due to the Bay Street Shell Midden, in the amount of
$45,241.00.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized
the City Engineer to work with the Consolidated Housing Authority and prepare the necessary
documents to rezone the property located at 900 Mitchell Avenue.
Council designated the week of October 19, 1998 as the Fall Clean-up week, contingent upon
confirmation with Brem-Air Disposal.
Meeting adjourned at 7:58 PM.
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL MAYOR