07/25/1994 - Regular - MinutesPort Orchard, Washington
July 25, 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 Treasurer Miller, City Planner Brown, City Engineer
Curles, City Clerk Parks, Deputy Clerk Hager and City Attorney McCluskey.
City Treasurer Miller 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 Grable, seconded by Councilman Van Zee, Council
approved Consent Agenda as follows:
3a Minutes of the following Council meetings:
(1) July 6, 1994 ecial Meeting (Draft Comprehensive Plan
Public Hearing
(2) July 11, 1994 City Council Meeting
3b. Payment vouchers as follows: Claims Warrant No. 20921-20994 in
the amount of $169,445.46.
The topic for the August 1, 1994 City Council Study Session will be the
Comprehensive Plan for the Wastewater Treatment Facility.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council
authorized the Mayor to sign Amendment No. 1 to 22 September 1993 Engineering
Services Agreement with Kennedy/Jenks Consultants to perform the Emergency
Generator Study for the Joint Wastewater Treatment Facility, contingent upon
review and approval by Kitsap County Sewer District No. 5 Commissioners.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Zone
Reclassification Application submitted by Sandy O'Donnell. The request is to
reclassify .88 acres of an approximate 3 acre parcel of property located at
1140 Bethel Avenue from Residential Low to Commercial General to allow parking
area and the conversion of a residence into retail space. LEGAL DESCRIPTION:
Attachment "A"
City Planner Brown gave staff report and updated Council on the Planning
Commission's recommendation for approval.
Mayor Weatherill called for public input for or against the proposed zone
reclassification.
Sandy O'Donnell, applicant, advised Council only .88 acres of 1140 Bethel is
being requested for the rezone and stressed the need for parking for her
current business.
July 25, 1994
Page 2 of 5
Timothy Roller, legal owner of 1140 Bethel Avenue, questioned what happens if
rezone on parcel is approved and the sale of the property terminates.
City Planner advised Mr. Roller the rezone would still be in place, as this is
not a site specific project.
Mike Brown, contractor for project, explained in detail, the proposed parking
configuration.
Council expressed concern about allowing a second commercial ingress and
egress on Bethel Avenue within a 60 foot area and the advantage/safety factors
of inter -connecting parking lots between adjacent lots.
Mayor Weatherill called for additional input either for or against the
proposed zone reclassification of a portion of property (.88 acres) located at
1140 Bethel Avenue. As no response was received, Mayor Weatherill closed the
public input portion of the Public Hearing and referred matter to Council for
consideration.
Councilwoman Powers moved to adopt Planning Commission Resolution No. 212-94
as their own and approve the Land Use Zone Reclassification, with 11
conditions, from Residential Low to Commercial General, of a portion of
property (.88 acres) located at 1140 Bethel Avenue allowing parking area and
the conversion of a residence into retail space, as requested by Sandy
O'Donnell, seconded by Councilman Van Zee.
Councilman Clauson moved to amend motion to add a condition where access will
be provided on the north and south side of both properties. Motion died for
lack of second.
Councilmembers unanimously approved the original motion as presented to adopt
Planning Commission Resolution No. 212-94 as their own and approved the Land
Use Zone Reclassification from Residential Low to Commercial General for a
portion (.88 acres) of the property located at 1140 Bethel Avenue allowing
parking area and the conversion of a residence into retail space, as requested
by Sandy O'Donnell, with the following 11 conditions:
1. A minimum of 30 parking spaces will be provided on site as
required in the Off Street Parking section of the Zoning
Ordinance.
2. A lighting plan shall be submitted and approved prior to
placement of outdoor illumination and shall be oriented away from
neighboring residences.
3. Signage shall be in compliance with the adopted Uniform Sign Code
and must be approved by the City prior to implementation.
July 25, 1994
Page 3 of 5
4. A building permit shall be obtained prior to the beginning of any
construction or demolition work on site.
5. All parking stalls shall be striped and marked including handicap
parking. Concrete wheel stops, at a minimum, may be used to
define parking stalls.
6. All new landscaping shall be maintained and any dead or diseased
landscaping within one year of occupancy shall be replaced.
7. A grading plan will be submitted for approval by the City
Engineer.
8. A stormwater management plan will be submitted for approval by
the City Engineer.
9. Mon -living groundcover (bark, chips, etc.) shall not exceed fifty
percent of all landscaped area. All planting shall incorporate
berming or earth mounding. All required trees shall be a minimum
of six feet and no smaller than 1 1/2 inch caliper.
10. One street tree will be placed per 25 lineal feet of street
frontage.
11. One tree shall be placed per 100 square feet of required internal
landscape area.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding a Zone
Reclassification Application and a Preliminary Plat as submitted by Jerry
Clark for Heron Ridge. Site location is 200 block of Melcher Avenue West.
LEGAL DESCRIPTION. Attachment "8".
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council
continued Public Hearing to September 26, 1994 at 7:35 PM, as requested by
Jerry Clark, applicant.
Mayor Weatherill called for a 10 minute recess with meeting to reconvene at
9:20 PM.
Mayor Weatherill opened the 8:00 PM Public Hearing regarding the proposed
sewer rate increase of $1.00 per month from $15.00 to $16.00 per dwelling unit
and ERU. The purpose of the rate increase will be to provide for capital
improvements in both the sewer collection system and the wastewater treatment
facility. There is no rate increase proposed for the monthly water rates.
City Engineer gave a brief background on when the secondary treatment
wastewater plant was constructed and explained the sewer bill rate increases
at that time. He also explained in detail how the additional revenue will be
July 25, 1994
Page 4 of 5
used to fund improvements at the sewer treatment facility.
Mayor Weatherill called for public input either for or against the proposed
sewer rate increase. As no response was received, Mayor Weatherill closed the
public input portion of the public hearing and referred matter to Council for
their consideration.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council
adopted Ordinance No. 1610 authorizing sewer rate increase of $1.00 per month
from $15.00 to $16.00 per dwelling unit and ERU.
Mayor Weatherill opened the 8:10 PM Public Hearing regarding the proposed Six -
Year Transportation Improvement Program for the year 1995-2000.
City Engineer outlined the proposed Six -Year Transportation Plan schedule.
Mayor Weatherill called for public input either for or against the proposed
Six -Year Transportation Plan. As no response was received from the audience,
Mayor Weatherill closed the public input portion of the Public Hearing and
referred matter to Council for consideration.
Councilman Morrison moved to approve Resolution No. 1674 adopting the Six -Year
Transportation Improvement Program for the year 1995-2000, seconded by
Councilman Geiger.
Councilman Clauson moved to amend motion to include the expansion of Tremont
Street, west of the Port Orchard Boulevard, during year 4 of the Six -Year
Transportation Improvement Program, seconded by Councilwoman Powers and
carried.
Councilmembers present unanimously approved the original motion as amended to
adopt Resolution No. 1674 adopting the Six -Year Transportation Improvement
Program for the year 1995-2000 including the expansion of Tremont Street, west
of the Port Orchard Boulevard, during year 4 of the Six -Year Transportation
Improvement Program.
City Engineer reported on bid opening held July 21, 1994 at 4:30 PM. All bids
were received with the required bid bonds as follows:
Alpha Development Corp.
$102,619.00
Pape & Sons Construction
69,488.00
Olsen's Land Development
79,091.10
Northwest Cascade, Inc.
68,144.00
R.V. Associates, Inc.
55,766.00
Lyrch & Associates
57,175.00
RT & T Construction
66,010.00
Case Excavating
42,970.00
ENGINEER'S ESTIMATE
80,000.00
July 25, 1994
Page 5 of 5
City Engineer announced a protest was submitted by R.V. Associates, Inc.,
stating Case Excavating, the apparent low bidder, failed to write in the
figures under the unit price for singular quantity items within the bid
specifications.
After review, the City Attorney recommended denial of protest, as Case
Excavating failure to write in the unit price for singular quantity items is
an inconsequential deviation of the bid specifications.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
denied protest submitted by R.V Associates, Inc.; accepted the bidding and
awarded contract to the lowest bidder, Case Excavating in the amount of
$42,970.00.
On motion by Councilman Clauson, seconded by Councilman Grable, Council
approved request as submitted by Van Vlist, Cruz Chairman to (1) use
waterfront parking area on August 7, 1994; (2) assistance in the removal of
any non-event vehicles prior to the event; (3) permission to have a beer
garden; and (4) permission to close Bay Street for the Country Street Fair
being held inconjunction with the Cruz on August 7, 1994.
Councilman Clauson stepped down as Councilmember to speak on behalf of Kitsap
Transit. Mr. Clauson discussed the increase in the cost of designing the Port
Orchard Library expansion and requested a recommendation, as to whether the
City desires to proceed with the proposed Library expansion project, which
includes space for Kitsap Transit offices.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council
authorized the City Engineer to proceed with negotiations with Kitsap Transit
for designing of the Port Orchard Library expansion. Motion passed with 6
ayes. Councilman Clauson refrained from voting due to a conflict of interest.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council
authorized the Mayor to sign the Intergovernmental Cooperative Purchasing
Agreement, between Kitsap County Fire Protection Districts and Cities,
contingent upon City Attorney review.
Meeting adjourned at 11:09 PM
CITY CLERK
l VNU�
MAYOR WEATHERILL