05/28/1996 - Regular - MinutesPort Orchard, Washington
May 28, 1996
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers
present: Clauson, Morrison, Wyatt, Geiger, Powers, Van Zee and Grable. Staff present:
Police Chief Mathews, City Planner Gross, City Engineer Curles, Fire Chief Snow, City
Clerk Parks and City Attorney McCluskey.
Councilman Wyatt 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.
On motion by Councilman Clauson, seconded by Councilman Grable, Council approved the
consent agenda as follows, with correction to Item D. Ordinance No. 1654:
(Note: Councilman Myatt did not vote on this motion due to conflict of interest.)
a. Minutes of the May 13, 1996 Council meeting
b. Approval of Claim Warrants No. 24691 - 24768 in the amount of $64,630.74.
C. Resolution No. 1738 approving temporary placement of "Holiday Inn Express"
signs on the Public right of way - located on Tremont Street at the Port
Orchard Boulevard Intersection and on Port Orchard Boulevard as it ends
at Bay Street.
d. Resolution No. 1739 approving position title changes and step system
schedules for the Municipal Court.
e. Ordinance No. 1654 amending Ordinance No. 1594 to revise Olympic Terrace
Apartments project site plan and approve Phase Two with 10 conditions.
Project located in the 700 block of Olney Avenue, north of K-Mart Plaza
and South Sound Cinema. (Olympic Terrace Associates, owner; Richard Brown
and William Palmer, applicant). (Page 1, paragraph 8 corrected to read,
"That Phase Two of the Olympic Terrace Apartments, is hereby approved with
the f677owing 10 conditions:"
Mayor Weatheri 11 i ntroduced ] etter from Leonard Mi nor requesting the Ci ty hel p him abate
unsafe and unlawful conditions at his property at 128 Melcher Street.
City Engineer Curles reviewed Code Enforcement activity throughout the City. Mr. Curles
summarized the process which has been used to work with Leonard Minor to abate code
violations existing on several of his properties over the past approximately 2 years,
focusing on 128 Melcher.
Councilman Van Zee recalled previous Council discussion with Dr. Howard Minor on his
request to rent space at the Old Clifton Road site. Councilwoman Powers, Chair of the
Public Property Committee reported Dr. Minor did not respond to the proposed contract
for rental of a portion of city property at the Old Clifton Road site.
Councilman Morrison moved to continue Code Enforcement process, until the property owner
Leonard Minor submits detailed information on his plan to remove the debris and vehicles
which are the source of the violation, Seconded by Councilman Van Zee.
During discussion on the motion to continue Code Enforcement action against Leonard
Minor, Dr. Howard Minor, 1400 Bay Street addressed Council stating the City needs an
May 28, 1996
Page 2 of 4
industrial park area. This would provide a place for businesses to store equipment
and large utility items.
Several Councilmembers requested clarification on who the City is dealing with, Leonard
Minor or Dr. Howard Minor. The City Attorney explained Code Enforcement is against the
property owner which in this case is Leonard Minor. However, it appears that some of
the code violations involve the large storage trailers that are owned by Dr. Howard
Minor. City Attorney McCluskey also outlined the Code Enforcement process stating that
when citations are issued, the matter is then out of the City's decision making process
and in the hands of the Court.
Councilmembers Clauson, Geiger and Powers spoke against the motion urging fellow
Councilmembers to attempt to resolve the violations without proceeding to the citation
process which will put the matter in the hands of the Court.
Howard Minor spoke regarding the matter of not responding to the proposed rental
contract stating some of the terms were not acceptable and apologized for not replying.
Dr. Minor also clarified "the contents of the trailers are merchandise I intend to sell
down at the mall." "I don't want to put them in a row on that property, I don't want
to keep them there. What I am asking for is the same thing that you let the sanitary
company put their stuff there... basicall they are my responsibility and I'd just like
to put them there (Old Clifton Road Site and as soon as I can sell the goods out of
them I'd like to sell them (the trailers). I have probably $70,000 worth of goods in
those trailers...". Dr. Minor assured Councilmembers that if they would work with him
on providing space for the trailers and their contents, he would work with them to
resolve this matter.
Mr. Norman Sandland, Sherman Avenue, questioned the process and length of time needed
to take action when a law is broken. Councilmembers explained the Code Enforcement
process includes an appeal process.
Motion as presented by Councilman Morrison to continue Code Enforcement process on
property located at 128 Melcher Street, (Leonard Minor, owner of record) failed with
three ayes and four nays. Councilmembers Geiger, Clauson, Grable and Powers voting no.
Councilman Clauson moved to refer matter of Code Enforcement to the Public Property
Committee, with the Committee to meet with Howard and Leonard Minor to reexamine lease
and develop time line to abate conditions. Meeting is to take place in time to allow
Committee recommendation at the June 10, 1996 City Council meeting. Motion seconded
by. Counci lman Gei ger and approved by a vote of four ayes and three nays. Counci lmembers
Geiger, Clauson, Grable and Powers voting aye.
Mayor called 10 minute recess of meeting at 8:30 PM and reconvened Council into session
at 8:40 PM.
Councilmembers discussed letter from Joy Miller representing Pottery Heights community
development voicing concern relative to condition of Zone Reclassification approval
requiring a Big Toy in the Tot Lot. Councilwoman Powers read Condition #8 of Ordinance
1561 stating "A common play/picnic area shall be provided. Amenities such as a big toy,
bar-b-que shelter, etc shall be clearly identified". Mrs. Powers clarified the
condition is not specific to "Big Toy" only. After continued discussion, Council
concurred that this matter is to be resolved at staff level based upon the broadly
written condition.
May 28, 1996
Page 3 of 4
Councilman Clauson moved to approve Resolution No. 1736, authorizing the Mayor to sign
the new Kitsap Regional Council Bylaws. Motion seconded by Councilman Morrison.
Council discussion included, but not limited to, need to for clarification of the
following:
1. Section 5(5) regarding KRC authority to resolve urban growth boundary
disputes. No noted right of appeal.
2. Section 12 regarding Amendments to the By-laws. Council was concerned
that the KRC could amend the bylaws without review by the full general
assembly.
3. Section 11(3) financing, Council would like more information concerning
dues. Wording states member agencies will pay dues as necessary.
Councilwoman Powers moved to table motion to the June, 10, 1996 Council meeting to allow
staff to contact Kitsap Regional Council to obtain clarification of Bylaws language,
seconded by Councilman Clauson and approved with a vote of 4 ayes and 3 nays.
Councilmembers Clauson, Powers, Van Zee and Grable voting aye.
City Planner Gross presented a revised design of the proposed signs for the Harrison
Health Care Campus, stating the redesign is in compliance with Growth Management
Committee recommendations.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council approved the
redesigned sign(s) for the Harrison Health Care Campus as presented.
Glen Screws representing Masonic Lodge addressed Council regarding proposal to update
the "Welcome" sign on Tremont Street and potential implementation of an annual
maintenance fee for organizations which have emblems on the sign. Members of the
Masonic Lodge request no maintenance fee be imposed and the time and place of meetings
not be removed. Mr. Screws suggested an additional banner be added to the sign to
accommodate other interested organizations with each new group placed on the sign being
charged a one time fee of $1000. This money could be placed into a fund which would
pay for the new banner and also fund future maintenance.
Leslie Burnett speaking for the Soroptimist's voiced opposition to implementation of
a maintenance fee. Ms. Burnett informed Council members that when the Chamber of
Commerce and the various organizations originally paid for construction and placement
of. the sign, they were told that there would not be any additional money requested -in
the future.
Keith A. Olkonen, Secretary of the Masonic Lodge suggested the sign be enlarged and
lighted.
Jane Griffin, member of Soroptimist and the Chamber of Commerce, stated that she had
been President of the Chamber at the time the sign was developed. She confirmed that
the participating organizations had been told that their $500 to have their emblem on
the sign would be a one time only fee with assurances that no additional money would
be sought in the future.
Mayor Weatherill referred matter of proposed revisions to the "Welcome" sign on Tremont
to the Growth Management Committee for discussion and recommendation.
May 28, 1996
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On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized the
Mayor to sign the annual Drug Task Force Agreement, contingent upon review by the City
Attorney.
Councilman Clauson moved to concur with the Sewer Advisory Committee to maintain the
$791.25 ERU hookup fee for the Beach Drive ULID, seconded by Councilwoman Powers and
carried unanimously.
City Engineer Curles reminded Council members of the June 3, 1996 (7:30 PM) Study
Session regarding the Draft Sign Ordinance.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the
Mayor to sign an easement agreement with Roland and Roland for the Sedgwick Water Main.
Meeting adjourned at 9:50 PM.
PATRICIA PARKS, CITY CLERK
LESLIE J. WEATHERILL, MAYOR