02/28/1994 - Regular - MinutesPort Orchard, Washington
February 28, 1994
Council of the City of Port Orchard, Washington, called to regular session by
Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson,
Childress, Morrison, Geiger, Powers, Van Zee and Grable. Staff present: Police
Chief Mathews, City Engineer Curles, City Planner Brown, Fire Chief Snow,
Deputy Clerk Hager, City Attorney McCloskey and City Clerk Parks.
Councilman Clauson led the audience and Council in the Pledge of Allegiance.
In response to Mayor Weatherili's request for audience comments for items not
listed on this Council agenda, Brad Sourbeer, Parker Outdoor Sign Co. Inc.,
spoke concerning their billboard located on the Knights of Phythius Property.
City Engineer gave staff report outlining events which led to the City's
request for removal of the billboard. The billboard structure was blown down
during a recent storm and was reconstructed. Resolution 1631 established a
moratorium on which signs prohibits reconstruction of signs.
Jeff James, attorney representing Parker Outdoor Sign Co., challenged
implementation of Resolution No. 1631 in this matter. Mr. James stated Mr.
Sourbeer had repaired and not replaced the billboard which is not addressed in
the moratorium.
Councilman Morrison, Street/Alley Committee Chairman, recommended removal of
the billboard due to the violation of Resolution No. 1631. After much
discussion as to definition of repair/reconstruct/replace within the context
of Resolution No. 1631 and the sign moratorium, Mayor Weatherill referred this
matter back to Street/Alley Committee for further review and legal opinion.
On motion by Councilman Grable, seconded by Councilman Van Zee, Council
approved Consent Agenda items as follows:
3a. Minutes of February 14, 1994 Council meeting.
3b. Payment vouchers as follows: Claims Warrant No. 20133-20194 in
the amount of $23,957.98.
3c. Application for Carnival License - Playland Shows at South Kitsap
Mall, April 20-24, 1994.
3d. Resolution No. 1660 setting March 28, 1994 at 7:35 PM as date and
time of public hearing on a proposal to vacate a portion of Bay
Street and a portion of any unnamed right of way located between
Lots 23 and 32, Sidney Tidelands.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a request from
U.S. West Communications to delete Condition No. 4 of Ordinance No. 1549.
U.S. West proposes to donate a portion of tax parcel no. 252401-3-012-2008 to
the City in lieu of sidewalk construction. LEGAL DESCRIPTION: Situate in
Section 25, Township 24 North, Range 1 East, Kitsap County: Lots 21 through
29,81ock 1, Tom Cline's Addition to Sidney.
February 28, 1994
Page 2 of 4
City Engineer Curles updated Council on the request to delete Condition No. 4.
and further explained the benefits to the City as well as U.S. West
Communications.
Mayor Weatherill called for input either for or against the deletion of
Condition No. 4 from Ordinance No. 1549. As no response was received, Mayor
Weatherill closed the public input portion of this hearing and referred matter
to Council for their consideration.
On motion by Councilman Van Zee, seconded by Councilman Grable, Council
authorized the deletion of Condition No. 4 from Ordinance No. 1549 contingent
upon acceptance of deed transferring property from US West to the City of Port
Orchard.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding a request for a
time extension for land use classification for property located in the 1100
block of Bay Street. Commercial Highway Zoning was approved to allow
construction of a motel, Mr. Ki Hong Kim, owner of record. LEGAL DESCRIPTION:
Attachment "A"
City Engineer reviewed history of this property and the request for an
extension of the land use classification.
Gary Sexton, representing Mr. Ki Hong Kim, spoke in favor of an extension of
the land use classification and stating that a hotel/motel complex is the most
appropriate use for this property and assured the Council Mr. Kim is still
committed to the project.
Howard Minor, 1400 Bay Street, stressed the need for additional hotel/motel
facilities in Port Orchard.
Philip Chung, representing Mr. Ki Hong Kim, also spoke in favor of the zone
extension and requested zoning be changed permanently to Commercial Highway.
Mayor Weatherill called for further input regarding the request for a time
extension for land use classification for property located in the 1100 block
of Say Street. As no further response was received, Mayor Weatherill closed
the public input portion of the hearing and referred matter to Council for
consideration.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council
granted an 18 month time extension for commercial highway zoning for property
located in the 1100 block of Say Street per condition in Ordinance No. 1468.
(Time limit will expire 8/28/95).
On motion by Councilman Geiger, seconded by Councilman Grable, Council
established a Public Works Volunteer Program and authorized payment of Labor
and Industries coverage for medical expenses only.
February 28, 1994
Page 3 of 4
City Clerk presented report on bid opening held February 24, 1994 at 4:30 PM
for a Loader/Backhoe, Council waived reading of the bid results and accepted
the City Engineers written staff report - Attachment "B".
On motion by Councilman Clauson, seconded by Councilman Geiger, Council (1)
accepted the bidding for the Loader/Backhoe, and authorized award to lowest
and best bidder, contingent upon Engineers review of parts availability; (2)
declared the 1973 Case 580B backhoe as surplus to the needs of the City and
authorized disposal of it in the best interest of the City; (3) authorized
expenditure of funds in excess of $40,000 backhoe/loader budget allocation to
cover sales tax and any miscellaneous expenses with additional monies not to
exceed $2,500.
Mayor Weatherill called for a 5 minute recess with meeting to reconvene at
9:05 PM.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council
authorized the City Engineer to proceed with designating Frederick Street,
one-way northbound between Bay Street and Prospect Street.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council
adopted the Residence Firefighter Program as outlined by Fire Chief Snow.
Council clarified $5.00 per call amount is to be paid for offshift calls only.
On motion by Councilman Clauson, seconded by Councilman Childress, Council
declared 10 firearms as surplus to the needs of the City and authorized Chief
Mathews to dispose of them in the best interest of the City.
Councilman Geiger moved to authorize the City Engineer to install a light at
the library building front door, if existing wiring and circuitry are
adequate, seconded by Councilman Childress.
Councilman Morrison moved to amend motion to include that if wiring and
existing circuitry are not adequate the City Engineer is authorized to proceed
with the upgrade of the wiring and existing circuitry to facilitate
installation of light, seconded by Councilman Geiger. Motion passed with 5
ayes and 2 nays. Councilmen Van Zee and Powers voting nay.
Councilmembers unanimously approved original motion, as amended, authorizing
the City Engineer to install a light at the library building front door. If
current wiring and circuitry will not accommodate additional light, the
Engineer is authorized to upgrade circuitry.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
adopted Resolution No. 1661 approving the Final Plat of Windfall Place.
February 28, 1994
Page 4 of 4
On motion by Councilman Geiger, seconded by Councilman Clauson, Council waived
the In Lieu of Assessment Fees for the Plat of Windfall Place contingent upon
dedication of Windfall Place water/sewer mains to the City.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council
authorized the Mayor to sign contract with David Evans and Associates for the
administration of the Port Orchard Bypass Project.
On motion by Councilman Clauson, seconded by Councilman Grable, Council
declared as surplus, Fire Department ladders (3-35'; 1-24'; 1-14'; and three
section measuring 14-15' each) and authorized the Fire Chief to dispose of
them in the best interest of the City.
Mayor Weatherill adjourned Council into executive session for 20 minutes to
discuss potential litigation.
Mayor Weatherill reconvened Council to regular session at approximately 10:45
P.M.
Mayor Weatherill appointed a Special Ad Hoc Committee to study and discuss
potential school impact fees. Special Committee members are Councilmen
Clauson, Childress and Morrison.
Meeting 0ourned at 10:55 P.M.
Y ��! CITY CLERK LJ JY��� MAYOR WEATHERILL