03/13/1995 - Regular - MinutesPort Orchard, Washington
March 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, Morrison, Geiger, Powers, Van Zee and Grable. Staff
present: Police Sergeant Duncan, City Planner Brown, City Engineer Curles, Fire
Chief Snow, Deputy Clerk Hager, City Clerk Parks and City Attorney McCluskey.
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 response was received.
Councilman Grable moved to approve the consent agenda as follows. Motion seconded
by Councilman Van Zee and passed with 6 ayes. Council Childress refrained from
voting due to a conflict of interest.
(a) Minutes of the following Council meeting:
February 27, 1995 regular meeting
(b) Payment vouchers as follows: Claims Warrant No. 22181-22267 in the
amount of $72,526.17 and February 1995 Payroll Warrant No. 121631-
121812 in the amount of $177,139.53.
(c) Ordinance No. 1628 reclassifying 1.33 acres of property located on
the southeast corner of Pottery Avenue and May Street, Chuck
Childress, owner of record.
(d) Ordinance No. 1629 approving Preliminary Plat of Castle Gate
Subdivision, as submitted by Chuck Childress. Property located on
the southeast corner of Pottery Avenue and May Street.
(e) Approval for Mayor Weatherill and Police Chief Mathews to sign COPS
FAST Grant Application (federal grant).
Dave Peters, Kitsap County staff, reviewed Kitsap County Recycling Program which is
scheduled for May 1995 implementation. Council requested Engineer Curles prepare a
preliminary design for City drop-off station at the Red Barn on Mitchell and other
alternative sites.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Conditional Use
Permit application and an Application for a Variance for the Port Orchard Library
Expansion Project located at 87 Sidney Avenue. LEGAL DESCRIPTION: Attachment "A"
Councilman Clauson asked if anyone objected to his participation in the Public
Hearing and voting process due to his employment with Kitsap Transit. Since no
objection was received, Councilman Clauson participated in the Public Hearing and
decision process.
City Engineer reviewed Library Expansion Project regarding the Condition Use Permit
and Variance Applications stating, for the record, that conditional uses may be
authorized provided the applicant can demonstrate the following: (1) The proposed
use will not interfere with the normal public use of public shorelines; (2) The
proposed use is compatible with other permitted uses in the area; (3) The proposed
use will cause no significant adverse effects to the shoreline environment; and (4)
the public interest will suffer no detrimental effect.
March 13, 1995
Page 2 of 3
Howard Minor, 1400 Bay Street, spoke in support of the proposed expansion of the
library building.
Engineer Curles reminded Councilmembers that approval of a variance would have to be
consistent with the following requirements: (1) The strict application of the
standards would interfere with a reasonable use of the property even though that use
is consistent with the 5horelands Management Program; (2) The hardships are due to
the specific terrain of the lots and cannot be avoided; (3) The designs are
compatible with other permitted activities and will not adversely affect neighboring
sites; and (4) The variance is not a special privilege and is the minimum necessary
to afford relief. Mr. Curles reviewed each requirement as addressed in staff
report.
Mayor Weatherill called for public input from those either for or against the
Conditional Use Permit Application and an Application for a Variance to expand the
Port Orchard Library building. As no response was received Mayor Weatherill closed
Public Hearing and referred matter to Council for their consideration.
On motion by Councilman Morrison, seconded by Councilman Grable, Council adopted
Resolution No. 1697 providing a Conditional Use Permit and a Variance for the Port
Orchard Library Expansion.
Councilman Grable moved to approve Ordinance No. 1630 repealing Ordinance No. 1592
and Ordinance No. 1620 adopting definitions of nuisances and establishing rules,
regulations and procedures for the abatement of such nuisances, seconded by
Councilman Clauson.
City Planner discussed and outlined the changes to the proposed ordinance.
After much discussion, Councilman Clauson moved to table motion for one hour
requesting the City Attorney review specific language in proposed Ordinance No.
1630, seconded by Councilman Grable and carried.
Mary Felts, 1050 Hull Avenue, expressed concern with the Pottery hill area regarding
abandoned vehicles and garbage and questioned what department is responsible for
handling these complaints. Mayor Weatherill advised Mrs. Felts to contact the
Public Works Department.
Laurie Walton, 240 Melcher Avenue, reiterated Mrs. Felts concern with the abandoned
vehicles and junk/garbage in the Pottery Hill area.
Mayor Weatherill called for ten minute recess with meeting to reconvene at 8:40 PM.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council removed
from Council table the Tabled Motion to adopt proposed Ordinance No. 1630.
After much discussion, Council unanimously approved original motion to adopt
proposed Ordinance No. 1630 repealing Ordinance No. 1592 and Ordinance No. 1620
adopting definitions of nuisances and establishing rules, regulations and procedures
for the abatement of such nuisances.
Councilman Grable moved to approve Ordinance No. 1631 regulating activities on City
owned piers and docks and repealing Ordinance No. 1590, seconded by Councilwoman
Powers.
March 13, 1995
Page 3 of 3
Councilman Morrison moved to amend motion to insert wording into Section 1 "but not
limited to", seconded by Councilwoman Powers and carried.
Councilmembers unanimously approved the original motion as amended, to adopt
Ordinance No. 1631 with the insertion to Section 1 "but not limited to" regulating
activities on City owned piers and docks and repealing Ordinance No. 1590.
Howard Minor, 1400 Bay Street, requested permission to lease 1/2 acre of property at
the City's Old Clifton road property on a year to year basis. Mayor Weatherill
placed this matter into Public Property Committee for review with a recommendation
at the March 27, 1995 Council meeting.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council
authorized Mayor Weatherill to sign Memorandum of Understanding between the City of
Port Orchard and Kitsap Transit. Motion passed with 6 ayes. Councilman Clauson
refrained from voting due to a conflict of interest.
On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized
the Mayor to sign Con den sate/ Leachate Treatment and Disposal Agreement between the
City of Port orchard, Kitsap County Sewer District No. 5 and Mason County.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council
authorized the City Engineer to repair the fountain located on Sidney Avenue at
Sidney Parkway, in front of the library building. Motion passed with 6 ayes and 1
nay. Councilman Van Zee voting nay. Clerk to pursue restitution and file
Department of Licensing Financial Responsibility Claim against the uninsured
motorist who damaged the fountain.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized
the Mayor to sign contract with Art Anderson & Associates to proceed with the design
of the new City Hall.
City Engineer Curles reminded Council of the study sessions as follows:
• April 3, 1995 meet with Port Orchard Planning Commission to enhance
communications and discuss land use goals and visions for the City.
• May 1, 1995 meet with Economic Development Council, Port Orchard Chamber
of Commerce and Port Of Bremerton to discuss economic development of Port
Orchard and the South Kitsap area.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized
the City Engineer to remove a tree in the City right-of-way located in the 800 block
of Bethel Avenue north of Best Burgers.
On motion by Councilwoman Powers, seconded by Councilman Gable, Council authorized
the City Engineer to proceed with the plans and specifications for the Central
Playfield Restrooms.
Mayor Weatherill adjourned meeting at 10:06 PM.
ATRICIA PARKS, CITY CLERK LESLIE J. WEATH FRILL, MAYOR
March 13, 1995
ATTACHMENT "A°
LEGAL DESCRIPTION:
SECTION 26 TOWNSHIP 24 RANGE IE SIDNEY 1ST ADDN
PAR(1) A PTN OF LOTS 1 THRU 6 BLK 13 SIDNEY TLDS ACCORDING TO MAP THOF ON FILE
IN OFFICE OF COMMISSIONER OF PUBLIC LANDS IN OLYMPIA WA (LOC IN SEC 26--241E AND
BEING TDLDS FRTG LOTS 1 THRU 6 IN BLK 13 OF FIRST ADDN TO SIDNEY) OF FDT COM AT
NW COR OF LOT 1 OF SO TDLDS TH S87*29'E ALG INNER HARBOR LN AND EXT THOF TO X E
LN OF LOT 7 TH S ALG SD E LN 10OFT TH N87*29'W 125FT M/L TO E LN OF SD LOT 2 TH
S78*31'49W 57.4 FT TAP ON W LN OF LOT 1 WH IS 113FT S OF NW COR OF SD LOT I TH
N ALG SO W LN 113FT TO POB EXC FDT A PTN OF LOT 1 BLK 13 SIDNEY TDLDS DAF CAAP
OF X OF E LN OF SIDNEY ST AND NLY LN OF BAY ST AND RUN TH N ALG E LN OF SIDNEY
ST 192FT TO TPOB TH RUN N-ALG E LN OF SIDNEY ST TO NW COR OF LOT I IN BLK 13 OF
SIDNEY TDLDS FRTG BLK 13 OF SIDNEY FIRST ADDN TH IN AN ELY DIR ALG NLY LN OF SD
LOT 1 TAP THON WH IS 20FT E (WHEN MEAS AT R/A) OF E LN OF SD SIDNEY ST TH S PLW
E LN OF SIDNEY ST TAP 20FT DUE E OF TPOB TH DUE W TO TPOB PAR(2) TWG A PERPETUAL
ESMT FOR INGR AND EGR FOR VEHICULAR AND/OR FOOT TRAVEL FOR BENEFIT OF ABV DESC
REAL PRTY OVER FOP ABTG A PTN OF A8V DESC REAL PRTY ON S SIDE THE COM AT SW COR
OF ABV DESC PRTY ON W LN OF SD LOT 1 THOF BEING TPOB TH S ALG W LN OF SD LOT 1
DIST OF 30FT TH S87*29'E TO E LN OF LOT 5 THOF TH NLY ALG E LN OF LOT 5 TO S LN
OF ABV DESC PRTY TH 'WLY ALG AND FOLG S LN OF ABV DESC PRTY TO TPOB