11/13/1995 - Regular - MinutesPort Orchard, Washington
November 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: Childress, Morrison, Geiger, and Grable. Councilmen Van Zee and Powers
excused. Councilman Clauson excused, page 1, paragraph 4. Staff present: Police Chief
Mathews, Deputy Clerk Hager, City Planner Gross, City Engineer Curles, Fire Chief Snow,
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.
On motion by Councilman Morrison, seconded by Councilman Grable, Council excused
Councilman Clauson from this Council meeting.
On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the
consent agenda as follows:
(a) Minutes of the following Council meetings:
(1) October 23, 1995 regular meeting.
(2) November 4, 1995 Council Retreat
(3) November 6, 1995 Study Session
(b) Payment vouchers as follows: Claims Warrant No. 23513-23629 in the
amount of $138,898.93 and October 1995 Payroll
Warrant No. 123196-
123378 in the amount of $186,585.13.
(c)
Ordinance No. 1640 amending Ordinance No. 1594
to allow revision of
Olympic Terrace Apartment Project site plan to a
multi -phase
site plan
and approve Phase One with 16 conditions.
(d)
Ordinance No. 1641 fixing the amount of Ad Valorem
taxes to
be raised
for the year 1996.
(e)
Claim for Damages submitted by Francis R. MacPherson
in the
amount of
$307.00 for expense incurred due to a sewer main
blockage.
John W. Boothby, Bay Coffee Co. and Eatery, 807 Bay Street, petitioned Council for a
grandfather clause to retain his sign on the Bay Street Marquee. Mr. Boothby has
received a Code Enforcement Order for violation of Resolution No. 1713 regulating signs
on the Bay Street Marquee.
Marguerite E. Oliver, Manager, Olde Central Antique Mall, 801 Bay Street, requested
Council enforce Resolution No. 1713 as written and uphold the Order requiring Mr.
Boothby to remove the subject sign from its location on the Marquee.
Barbara Seitz, owner Pot Belli Deli, 724 Bay Street, encouraged the Council to grant
the grandfather clause and allow the sign for Bay Coffee Co. to remain on the Marquee.
Mayor Weatherill placed Mr. Boothby's request for reconsideration of Code Enforcement
Order into the Street/Alley Committee for further review.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding a Special Use Permit to
allow the conversion of an existing single family residence into a professional office
headquarters for a magazine and newspaper publication business located at 321 Tremont
Street, as submitted by Lawrence and Dolores Coppola. LEGAL DESCRIPTION: Attachment
"All
November 13, 1995
Page 2 of 5
City Planner Gross updated Council on the Planning Commission's recommendation for
approval of the Special Use Permit.
William M. Palmer, Land Use Consultant, discussed the conditions recommended by the
Planning Commission.
Lawrence Coppola, applicant, requested Council approve this Special Use Permit. He
indicated the location is ideal for this project and the amount of business traffic
generated will be very low.
Robert Gallegos, 340 Tremont St. W., spoke in favor of the Special Use Permit stating
his belief that this use would be a benefit to the neighborhood. Mr Gallegos did
express concern with staff recommendation to close access to Tremont Street, since Alder
Lane is a narrow street.
Mayor Weatheri 11 cal 1 ed for further publ i c input regarding the Appl i cati on for a Speci al
Use Permit as submitted by Lawrence and Dolores Coppola. As no further input was
received, Mayor Weatherill closed the public input portion of this hearing and referred
this matter to Council for consideration.
Councilman Geiger moved to adopt Planning Commission Resolution No. 246-95 as Council's
own action and approved issuance of a Special Use Permit (with 7 conditions) to allow
the conversion of an existing single family residence into a professional office
headquarters for a magazine and newspaper publication business located at 321 Tremont
Street, as submitted by Lawrence and Dolores Coppola, seconded by Councilman Grable.
Councilman Geiger moved to table motion to approve the application for a Special Use
Permit as submitted by Lawrence and Dolores Coppola to allow the reopening of the Public
Hearing for more public input, seconded by Councilman Grable and carried.
Robert Gallegos, 340 Tremont St. W., stated he does not see a problem with accessing
the subject property from Tremont Street.
Dick Brown, real estate agent, expressed concern with placing a condition to block the
Tremont Street access to the project, especially with the possibility that the property
could revert back to residential zoning, as this would hurt the resale potential.
Larry Coppola, applicant, stated the Planning Commission did not recommend the condition
to block the property's Tremont Street access and requested the Council not consider
this condition.
Mayor Weatheri 11 cal 1 ed for further publ i c i nput regardi ng the Appl i cati on for a Speci al
Use Permit as submitted by Lawrence and Dolores Coppola. As no further input was
received, Mayor Weatherill closed the public input portion of this meeting and referred
this matter to Council for consideration.
Original motion as presented by Councilman Geiger (seconded by Councilman Grable) was
unanimously approved, adopting Planning Commission Resolution No. 246-95 as Council's
own action and authorizing the issuance of a Special Use Permit, as requested by
Lawrence and Dolores Coppola for property located at 321 Tremont Street. Approval of
this Special Use Permit allows the conversion of an existing single family residence
into a professional office headquarters for a magazine and newspaper publication
business with the following seven (7) conditions. Motion passed with 3 ayes and 1 nay.
Councilman Morrison voting nay.
November 13, 1995
Page 3 of 5
1. Prior to Certificate of Occupancy, the Kitsap County Health Department
shall provide the City a letter stating that the on -site wastewater
system is adequate for the proposed land use. Otherwise, the property
shall connect to the sanitary sewer system.
2. All new parking shall be from Alder Lane and setback five (5) feet
minimum from the northwest property line. A revised site plan shall be
submitted to this Department.
3. Parking that accesses Tremont Street shall be limited to the existing
garage only and shall not be expanded in the future.
4. A Tenant Improvement Permit shall be obtained from the Building
Department and a Certificate of Occupancy granted prior to business
use. The Fire Chief and Building Inspector shall approve the structure
prior to use to assure compliance with Fire and Building Codes.
5. All signage shall comply with the Tremont Corridor Specific Plan and
the Zoning Ordinance. A separate sign permit shall be submitted prior
to Certificate of Occupancy.
6. No exterior lighting shall be permitted to reflect on adjoining
residential properties.
7. The terms of this variance shall be implemented within 180 days or the
variance shall be considered void. An extension of time may be
considered and granted by the Planning Commission upon a written
request by the applicant showing a demonstration of just cause.
Mayor Weatherill called for a 5 minute recess with meeting reconvening at 8:50 PM.
At 8:50 Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for
a Land Use Reclassification and Comprehensive Plan Change. The project consists of the
demolition of two homes and the construction of a 40 space parking lot, as submitted
by Don Pennington. LEGAL DESCRIPTION: Lots 5 through 12, Block 7, Sweaney's Addition
to Sidney, recorded in Volume 1, page 55, records of Kitsap County, Washington.
City Planner Gross gave staff report and reviewed Planning Commission's recommendation
to deny the applications for Land Use Reclassification and Comprehensive Plan Change.
She stated this application is subject to the old Comprehensive Plan because it was
submitted to the City Planning Department prior to the adoption of the City's new 1995
Comprehensive Plan.
Jon Rose, Pac-Tech Engineering, representing applicant, spoke in favor of the rezone
application and change in the Comprehensive plan, advising that the nature of this
project would reduce traffic in the area and the demand for city utilities and
infrastructure. Mr. Rose also stated the project is adjacent to the Courthouse but
stressed that Kitsap County has no involvement in this project.
Mayor Weatherill called for any opposition to the Land Use Reclassification and
Comprehensive Plan Change.
Tom Stansberry, 720 Smith Street, expressed concern about spot zoning and recommended
this project be considered under a Special Use Permit.
November 13, 1995
Page 4 of 5
Jesse E. Truax, 807 Cline St., spoke in opposition to this project, highlighting his
concerns of the potential neighborhood deterioration which would be caused by allowing
commercial zoning in a residential neighborhood.
Christine Stansberry, 720 Smith Street, voiced opposition to this project and reiterated
concerns with allowing commercial zone in a residential area.
Don Pennington, applicant, stated parking is needed in the area and voiced concern that
modifying this to a Special Use Permit would not be appropriate for this project.
Jon Rose, Pac-Tech Engineering, stated if this project is approved the applicant would
only have permission to construct a parking lot.
Jesse E. Truax, 807 Cline St., spoke on behalf of James Adams, 803 Cline Avenue, who
also is in opposition to the construction of a parking lot in a residential area.
City Clerk read into record letter from Kristine and Cynthia Williams, co -owners of 1149
Portland Avenue, who also expressed strong opposition with establishing commercial
zoning in a residential area.
Mayor Weatheri l l called for further public input regarding the Land Use Reclassification
and Comprehensive Plan Change, as submitted by Don Pennington. As no further input was
received, Mayor Weatherill closed the public input portion of this meeting and referred
matter to Council for consideration.
Councilman Morrison moved to deny the request for a Land Use Reclassification and
Comprehensive Plan Change, as submitted by Don Pennington, seconded by Councilman
Grable.
Councilman Geiger moved to table motion to deny the request for a Land Use
Reclassification and Comprehensive Plan Change, as submitted by Don Pennington to allow
the reopening of the Public Hearing for more public input, seconded by Councilman Grable
and carried.
Don Pennington, applicant, questioned the ramifications of transitioning this action
from a Rezone and Comprehensive Plan Application to a Special Use Permit Application.
After much discussion, Councilman Geiger, seconded by Councilman Grable, Council moved
to amend motion to continue Public Hearing and advertise this public hearing to December
11, 1995 at 7:35 PM to consider modifying the Pennington Rezone and Comprehensive Plan
Applications to a Special Use Permit Application.
On motion by Councilman Morrison, seconded by Councilman Grable, Council allowed M &
M Market, located on South Kitsap Boulevard and Teddy Bear Inn Christmas Cottage,
located on Bethel Avenue permission to place signage on City Right -Of -Way with the
following three (3) conditions for each sign: (1) The sign shall not adversely affect
motorists sight distance; (2) The sign shall be removed at the owners's expense when
future road improvements or other City improvements require it; and (3) The owner shall
list the City as an additional insured for any accidents or claims involving the sign.
The insurance coverage shall be at least $500,000 Bodily Injury and $500,00 Property
Damage or $1,000,000 Combined Bodily Injury and Property Damage per occurrence.
On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the
City Engineer to accept the price quote from Case Excavating for Farragut Avenue sewer
clean out work.
November 13, 1995
Page 5 of 5
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the
following change order for the Sewer Treatment Plant Emergency Generator as follows:
1. $ 3,900.00 Removal of unsuitable soil under the retaining wall
foundation.
2. $ 273.00 Modify the Puget Power required meter.
3. $ 1,000.00 Modify circuit breaker, conduit and wire size.
4. $11,904.00 Replace digester gas piping to the waste gas burner.
On motion by Councilman Grable, seconded by Councilmen Geiger and Childress, Council
authorized the City Engineer to accept the agreement from AGS for Autocad computer work
at a cost of $28.00 per hour.
On motion by Councilman Geiger, seconded by Councilman Grable, Council approved the
to the Sedgwick Water Reservoir easements and authorized the City Engineer finalize
easement documents with the Seventh Day Adventist Church, the Beck Family, the McFadden
Family and the Evans Family.
City Attorney advised Council a letter has been received from the Washington State
Department of Natural Resources regarding the request for rent review of the City's
Harbor Area Lease. Mr. McCluskey requested Council allocate funds in the 1996 Budget
to retain a lobbyist to assist City with proposing legislation regarding the harbor area
lease.
Mayor Weatherill read a letter from Councilman Childress resigning his Council position
effective midnight, November 14, 1995.
On motion by Councilman Geiger, seconded by Councilman Grable, Council appointed Rick
Wyatt to fill the remaining unexpired term of Councilman Childress, with appointment
to be effective midnight, November 14, 1995.
City Clerk Parks administered the Oath of Office to Rick Wyatt to fill vacancy created
by resignation of Chuck Childress. Mayor Weatherill and fellow Councilmembers welcomed
Mr. Rick Wyatt to the Council.
Mayor Weatherill thanked Councilman Chuck Childress for his many years of service and
dedication to the City of Port Orchard.
Mayor Weatherill adjourned meeting at 10:15 PM.
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PATRICIA PARKS, CITY CLERK LESLIE J. WEATHERILL, MAYOR