02/13/1995 - Regular - MinutesPort Orchard, Washington
February 13, 1995
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, Childress, Geiger, Powers, Van Zee and Grable. Councilman
Morrison excused. Staff present: Police Chief Mathews, City Planner Brown, City
Engineer Curles, Fire Chief Snow, City Clerk Parks and City Attorney Weibel.
Councilman Grable led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Pat Surmaz informed Mayor and Councilmembers that she is working with Northwest
Development Company to create a living Christmas Tree memorial for the four fallen
Seattle Firefighters.
On motion by Councilman Grable, seconded by Councilman Van Zee, Council unanimously
approved the consent agenda as follows:
1. Minutes of the following Council meetings:
(a) January 23, 1995 regular meeting with following correction: Page 2,
Paragraph 9 change to - Robert Gallegos, 340 Tremont W., reiterated
Councilman Ian 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 Curies responded that al]
applicable agencies including Native American have been notified of
this application.
(2) January 30, 1995 Special Study Session
b. Payment vouchers as follows: Claims Warrant No. 21991-22098 in the amount
of $126,593.81 and January 1995 Payroll Warrant No. 121447-121630 in the
amount of $173,778.80.
C. Resolution No. 1692 finding Robert V. Jones, (Vice President -Director of
Operations of Hubb's Inc.) as the operator, manager or agent of a permanent
show; public dance or amusement center.
d. Resolution No. 1693 supporting Cascadia Task Force for the Amtrak and State
Inter -City Rail Program.
e. Application for carnival license submitted by Playland Shows to allow a
carnival at South Kitsap Mall April 19-23, 1995.
Councilman Geiger commended the Public Works Crew for the great job keeping the city
streets passable during the recent snow storm.
City Clerk Parks apprised the Mayor and Councilmembers of letter received from the
Department of Natural Resources (DNR) regarding the rental fee increase for the
waterfront aquatic lands lease. The City Attorney and the City Clerk will be
meeting with the Finance Committee to formulate response to DNR.
Mayor Weatherill reopened continued Public Hearing relative to consideration of the
City of Port Orchard Draft Comprehensive Plan. (Continued from December 27, 1994
City Council meeting).
February 13, 1995
Page 2 of 4
City Planner Brown briefly reviewed Comprehensive Plan development process and
reported written comments on the draft plan have been received from Russ/Kathy
Allaway, South Kitsap School District #402 and Kitsap County.
Mayor Weatherill called for public input on the City's Draft Comprehensive Plan. No
public response was received.
After discussion on the three written comments, Mayor Weatherill suggested the
comments be referred to the Growth Management Committee for review and
recommendation.
Mayor Weatherill gave second tail for public input on the City's Draft Comprehensive
Plan. As no response was received, he closed discussion on the Draft Comprehensive
Plan and referred the matter to Council for further discussion and consideration.
Council continued the Public Hearing regarding Draft Comprehensive Plan until
February 27, 1995 at 8.00 PM. The Growth Management Committee is to review written
comments and make recommendation by February 27, 1995.
Mayor Weatherill opened Public Nearing relative to Application for Substantial
Development Conditional Use Permit as submitted by Mr. W.J. Tiernan, 501 Bay Street.
At the request of Mayor Weatherill, Engineer Curles gave commentary on history of
Sinclair Inlet Marina. Substantial Development Permit #39-88 was issued in 1989
allowing construction of Sinclair Inlet Marina with five floats and 58 slips. This
additional Substantial Development Conditional Use Permit would facilitate dredging
of approximately 3,000 cubic yard of sediment in the vicinity of Float A. A
Determination of Non -significance was issued in January 1994.
Mayor Weatherill called for public input on Mr. Tiernan's Application for a
Substantial Development Conditional Use Permit.
Mr. William Tiernan, applicant, outlined conditions which have been established by
EPA, Shorelines Management, Department of Fisheries, Native American Tribes and
other applicable regulatory agencies. He stated the three conditions proposed by
the city staff are fair and agreeable to him.
Kirby Tweten, owner of Tweten's lighthouse Restaurant, 429 Bay, stated he supported
approval of this application but questioned when the dredging would be conducted.
Mr. Kirby voiced concern on potential impact on his restaurant deck area if
prolonged dredging occurs during hot summer months.
Mr. Tiernan assured Mr. Tweten and Councilmembers that the dredging should only take
two days and dredged materials would not remain in the area for more than the two
day dredging activity. Mr. Tiernan stated he will not be allowed to commence the
project until after June 15, due to anticipated salmon runs.
Councilman Van Zee questioned how soon area would require dredging a second time.
Mr. Tiernan responded that engineering analysis estimates redredging may be
necessary in approximate 25 years.
February 13, 1995
Page 3 of 4
Engineer Curles reviewed staff report highlighting the following items: (1) The
proposed use will not interfere with the normal public use of public shorelines;
(2) The proposed use of the site and the design will be compatible with other
permitted uses in the area; (3) The proposed use will cause no significant adverse
effects the shoreline environment; and (4) The public will suffer no substantial
detrimental effect.
Mayor Weatherill called for additional public input either for or against issuance
of the Substantial Development Conditional Use Permit to Mr. W.J. Tiernan to allow
dredging at Sinclair Inlet Marina. As no further response was received, Mayor
Weatherill closed the public input portion of the Public Hearing and referred the
matter to Council for consideration.
On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council adopted
Resolution No. 1694 approving a Substantial Development Conditional Use Permit for
dredging approximately 3,000 cubic yards of sediment at Float A of the Sinclair
Inlet Marina.
Mayor Weatherill introduced Ron McAffee, CENCOM Director. The Mayor had invited Mr.
McAffee to discuss public safety communication needs. Mr. McAffee outlined CENCOM
2010, the Capital Improvement Projects Plan which is being recommended to the Kitsap
County CENCOM Policy Board.
Mayor Weatherill called for five minute recess with meeting to reconvene at 9:45 PM.
Pat Burmaz presented Blackjack Interpretive Center Project with new location in the
northwest quadrant of the Sedgwick/SR16 intersection. Ms Surmaz solicited the City
to join in partnership with the Peninsula Fish and Wildlife Foundation and act as
the lead agency for grant applications. Mayor Weatherill referred Ms. Burmaz's
proposal to the Finance Committee (with Councilwoman Powers sitting in for
cis Councilman Morrison) for review and recommendation.
on airman of Growth Management Committee, presented motion that
the City of Port Orchard not file or participate in an appeal of Kitsap County's
Draft Comprehensive Plan, seconded by Councilman Geiger and carried unanimously.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted
Resolution No. 1695 urging the Washington State Legislature to refrain from making
any significant changes to the Washington State Growth Management Act.
Councilman Clauson moved to authorize the Police Department to purchase a plain
paper fax machine utilizing SIU funds, seconded by Councilwoman Powers and carried.
City Planner Brown presented request submitted by Ned Lever of Norm Olson and
Associates seeking permission to remove a tree which is located within the right of
way of the 700-800 block of Bethel Avenue. Removal of the tree is sought to permit
a shared southern access. Mayor Weatherill referred request to the Street Committee
for review and recommendation.
On motion by Councilman Van Zee, seconded by Councilman Grable,. Council declared
Public Works parts washer and old water computer software (Kentucky Water 2/KY2) as
surplus to the needs of the City and authorized their disposal in the best interest
of the City.
February 13, 1995
Page 4 of 4
On motion by Councilman Powers, seconded by Councilman Geiger, Council authorized
Engineer Curles to retain Norm Olson and Associates to prepare a topographic map for
the Guthrie Sewer Main at a cost of $2,000.00.
Councilman Grable moved to authorize the City Engineer to retain a specialized
company to perform leak detection of the water system in July 1995, seconded by
Councilman Geiger and carried unanimously.
On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved
expenditure of $600.00 to retain H & H Fencing to relocate the east fence of the
Kendall Shop property.
Councilman Geiger moved to authorize the City Engineer to retain Yamamoto
Landscaping to resolve landscaping issues with property owners along Tremont Street
at a cost of approximately $2,000, seconded by Councilwoman Powers and carried
unanimously.
On motion by Councilwoman Powers, seconded by Councilman Grable, Council authorized
Mayor Weatherill to sign the Department of Natural Resources 1995 Urban Forestry
Grant Contract.
Mayor Weatherill adjourned meeting at 11:40 PM.
IX
PATRICIA PARKS, CITY CLERK LESLIE J."W EATH ERILL, MAYOR