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01/23/1995 - Regular - MinutesPort Orchard, Washington January 23, 1995 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Council members present: Morrison, Geiger, Van Zee and Grable. Councilmembers Childress and Powers excused. Councilmember Clauson excused (page 3 paragraph 2). Staff present: Police Chief Mathews, City Planner Brown, City Engineer Curies, Fire Chief Snow, Deputy City Clerk Hager, City Attorney McCluskey and City Clerk Parks. Councilman Van Zee led the audience and Council in the Pledge of Allegiance. Councilman Morrison, Chairman Street/Alley Committee, moved to approve V.F.W., District #4 Public Event Application to hold the Loyalty Day Parade on April 29, 1995 at 10:00 am and authorized Police Chief Mathews to contact the State Highway Department for permission to close SR166/Bay Street, seconded by Councilman Van Zee and carried. Mel Matthias, Loyalty Day Parade Chairman, thanked Council for allowing the Loyalty Day Parade and also invited Mayor Weatherill to participate in the parade. On motion by Councilman Morrison, Chairman Street/Alley Committee, seconded by Councilman Grable, Council approved Fathoms 0' Fun request to use Waterfront Parking Lot #4 for the carnival from June 29, 1995 to July 5, 1995 with the following conditions: 1. Lot 1 hours will be modified to accommodate early morning commuters who will be displaced from Lot 4. 2. Equal number of parking passes being issued to Port of Bremerton to allow Port tenants extended parking in Lot 2. 3. Fathoms to coordinate with Kitsap Transit to provide early morning through late evening continuous shuttle service for downtown area. 4. Planters in Lot 4 be fenced for plant and tree protection. Any damage or breakage must be repaired/replaced with equal size and type. 5. No holes to be drilled or punched in asphalt (i.e no car axles driven through asphalt). 6. Fathoms to coordinate with Fire Department on access and safety requirements. 7. Fathoms to coordinate with Police Department on safety and security requirements. 8. Fathoms/Carnival to provide city required insurance and permit requirements. 9. Fathoms to coordinate with City Engineering Department for required serviced (i.e. barriers, utilities, etc.) 10. City to authorize use of Frederick Street for the Farmers Market for days carnival displaces the Market. Judd Turner, Chairman Fathoms 0' Fun, thanked Council for allowing the use of Waterfront Parking Lot #4 and agreed to all the conditions of approval. Mayor Weatherill opened Public Hearing scheduled for 7:35 PM on an Application for designation as operator, manager or agent of a permanent public show or public amusement in the City of Port Orchard as submitted by Robert V. Jones, Hubbs, Inc. January 23, 1995 Page 2 of 3 Mayor Weatherill called for public input regarding an application submitted by Robert V. Jones, Hubbs, Inc. requesting to be designated as a permanent show establishment. As no testimony was received, Mayor Weatherill closed the public input portion of the public hearing and referred application to Council for consideration. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved designation of Robert V. Jones of Hubbs, Inc., as the owner, operator of a permanent show and dance establishment. Mayor Weatherill opened Public Hearing scheduled for 7:35 PM on an application for a Shorelands Conditional Use Permit and Variance to allow construction of a 60-70 room motel and restaurant in the 1100 block of Bay Street, as submitted by Mr. Ki Hong Kim c/o architect Edward A. McHugh. LEGAL DESCRIPTION: Exhibit "A" City Engineer Curies gave staff report on this shoreline application process and discussed the Planning Commissions recommended conditions of approval. Edward McHugh, architect for the proposed project, discussed the sequence of events which have taken place and also presented a proposed site plan of the project. Judd Turner, P.O. Box 312, Port Orchard, asked if any provisions were being made for the increased traffic on Bay Street. Teresa Graham, 1114 Morton, questioned who is going to pay for future road widening on Bay Street. Mr. McHugh advised the developer will pay for road improvements during the construction of the project including sidewalks. Robert Gallegos, 340 Tremont W., reiterated Councilman Van Zee's concern for making the waterfront accessible and also questioned if the Native American Agencies have considered this beach area as sacred ground. Engineer Curles responded that all applicable agencies including Native American have been notified of this application. Howard Minor, 1400 Bay Street, suggested a 6' to 8' sidewalk be placed along the proposed project. Engineer Curles clarified that the subject of this public hearing is an Application for a Shoreline Conditional Use Permit and Variance. Items such as road improvements and waterfront boardwalk are not germane to this action. Those subjects would have been addressed during the Zone Reclassification public hearings which were held in August of 1989. Mayor Weatherill called for further public input on the application for a Shoreline Conditional Use Permit and Variance to allow construction of a 60-70 room motel and restaurant in the 1100 block of Bay Street as submitted by Mr. Ki Hong Kim, c/o Architect Edward A. McHugh. On motion by Councilman Van Zee, seconded by Councilman Grable, Council approved Resolution No. 1691 providing a Shoreline Conditional Use Permit and Variance to allow construction of a 60-70 room motel and restaurant in the 1100 block of Bay Street. (Resolution No. 1691 will be delivered to WA State Department of Eco?ogy as the City's recommendation for approval.) January 23, 1995 Page 3 of 3 City Clerk reported on bid opening held January 12, 1995 at 4:30 PM regarding the sale of the Sidney/Kendall Street property. One bid was received from Ron Lang in the amount of $35,100.00 with the required bid bond. Howard Minor suggested the City lease property to the proposed bidder for a specific period of time. After much discussion, Councilman Grable presented a motion which was, seconded by Councilman Morrison, to accept the bidding and award the sale of the Sidney/Kendall property to Ron Lang in the amount of $35,100.00. Motion passed with 2 ayes and 2 nays, with Mayor Weatherill breaking tie by voting in favor of motion to accept offer. Councilmembers Geiger and Van Zee voting nay. On motion by Councilman Morrison, seconded by Councilman Grable, Council excused Councilman Clauson from this Council meeting. On motion by Councilman Morrison, seconded by Councilman Grable, Council excused Councilman Morrison from the February 13 and February 27, 1995 Council meetings. On motion by Councilman Morrison, seconded by Councilman Grable, Council unanimously approved the consent agenda as follows: a. Minutes of the January 9, 1995 Council meeting b. Payment vouchers as follows: Claims Warrant No. 21800-21913 in the amount of $234,130.43. On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously approved and accepted Art Anderson and Associates as the architects for the new City Hall Design Project. On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized Mayor Weatherill to sign a sewer availability letter confirming the City's intention to work with the City of Bremerton to provide sewer service to the Shepko property in Gorst. On motion by Councilman Geiger, seconded by Councilman Morrison and Grable, Council concurred on the recommendation to retain Kennedy/Jenks as design consults for the Joint Wastewater Treatment Facility generator project and authorized the Mayor to sign design consultant agreement upon the approval and signatures of the Kitsap County Sewer District No. 5 Commissioners. $50,000 design project cost to be funded by the Wastewater Treatment Facility budget. Mayor Weatherill called for a 5 minute recess. At 9:24 PM Mayor Weatherill adjourned the Council into an Executive Session for 15 minutes to discuss solid waste contract negotiation. Mayor Weatherill reconvened the meeting to regular session d with no further business before �Council he adjourned meeting at 9:45 PM. PATRICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR