02/22/1993 - Regular - MinutesPort Orchard, Washington
February 22, 1993
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 and
Grable. Staff present: Assistant City Attorney Jeffery Goodwin, City Engineer Curies, Police
Chief Mathews, Fire Chief Snow, and Deputy Clerk Hager. Councilwoman Powers excused.
Councilman Smith excused (see page one, paragraph three).
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Grable, seconded by Councilman Geiger, Council excused
Councilman Smith from this Council meeting due to illness.
On motion by Councilman Morrison, seconded by Councilman Grable, Council unanimously
approved the consent agenda items as follows:
3.a Approval of the amended February 8, 1993 Council meeting minutes.
3.b. Approval of payment vouchers as follows: Claims Warrant No. 18343-
18412 in the amount of $37,076.23.
3.c. Approval of carnival license application for Playland Shows at South Kitsap
Mall, April 21-25, 1993.
3.d. Mayor Weatherill's appointment of the following to fill positions on the Port
Orchard Civil Service Commission:
term expires
1. David Southard 12/31 /98
2. Tom Myers, Sr. 12/31 /96
3. Eugene Ecklund 12/31 /94
3.e(1) Proposed Ordinance amending City of Port Orchard Comprehensive Plan
Ordinance No. 895; by amending the Comprehensive Plan Map
Designation of certain properties therein, N.L. Olson and Associates,
representing South K Asap Health Care Campus. (To be placed on the
3/8/93 Council agenda.)
3.e(2) Proposed Ordinance amending Port Orchard Zoning Ordinance No. 1469;
by amending the area and use maps thereof, reclassifying certain property,
located in the 400 block of Tremont Street West; east of SR 16, between
Tremont Street and Pottery Avenue. N.L. Olson and Associates,
representing South K itsap Health Care Campus. (To be placed on the
3/8/93 Council agenda.)
February 22, 1993
Page 2 of 4
On motion by Councilman Morrison, seconded by Councilman Geiger, Council accepted
application for Public Event as submitted by the Port Orchard Bay Street Association to hold
the Country Street Fair on August 1, 1993.
Mayor Weatherill requested Police Committee review Resolution No. 1629 regarding rules and
regulations for towing companies operating within the City Limits.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the City Engineer to prepare bid specifications for Phase 11 of the new Fire Station with a
projected bid date of March 31, 1993.
On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the
City Engineer to submit a draft Ordinance amending the Port Orchard Zoning Ordinance No.
1469 relating to hazardous waste and storage facilities. This proposed ordinance is to be on
the March 8, 1993 agenda.
On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the
City Engineer prepare and submit a draft Ordinance amending the Port Orchard Zoning
Ordinance No. 1469, relating to landscape standards and setbacks. This proposed ordinance
is to place the March 8, 1993 agenda.
Mayor Weatherili opened the 7:45 PM Public Hearing regarding an appeal of the Planning
Commission recommendation to deny an application for zone reclassification for property
located at 775 Olney Avenue as submitted by LaVern Wolf. Appeal filed by William Palmer.
LEGAL DESCRIPTION: Section 25, Township 24, Range 1 East; Parcel C Pt. of NE1/4, SE1/4
all that pt of Folg Desc Tr lying East of Co. Rd. S1/2 of NE1/4 of SE1/4 Daf Bat NE cor of sd
S1/2, NE1/4, SE1/4 then aig E In Thof SO *31' 47W, 456.00 Feet to POB th cont SO *31' 47W,
176.59 feet TAP 30 feet N of SE cor of sd S1/2 (more on file).
City Engineer Curies suggested Council address the appeal issues only and not take any
testimony concerning the rezone at this time.
Assistant City Attorney Goodwin advised Council they could receive testimony regarding the
rezone at 775 Olney Avenue.
William M. Palmer, Land Use Planning Consultant, representing LaVern Wolf, spoke on the
reasons why Mr. Laverne Wolf is appealing the Planning Commission recommendation to
deny the rezone of the property at 775 Olney Avenue.
Howard Minor, 1400 Bay Street, Planning Commission Member, requested the Council
remand this hearing back to the Planning Commission because of conflicting circumstances.
Bek Tyson, 428 Farragut, Planning Commission Member, advised Council to review the facts
and conditions carefully concerning this appeal.
February 22, 1993
Page 3 of 4
Doug Eide, 2475 Bethel Road, Planning Commission Member, voiced concern with his vote
during the Planning Commission meeting. Mr. Eide felt he was caught up in the emotions of
the presentation and stated he cast his vote wrong on this proposed rezone.
Wilson Grant, adjacent property owner, spoke in favor of commercial zoning this property. Mr,
Grant made reference to his property taxes which have doubled due to the adjacent area
being commercial zone, therefore the entire area should be commercial zone,
On motion by Councilman Clauson, seconded by Councilman Grable, Council set March 22,
1993 at 7:45 PM as date and time to continue this Public Hearing regarding the appeal of the
Planning Commissions recommendation to deny an application for zone reclassification for
property located at 775 Olney Avenue as submitted by LaVern Wolf. Council will also hear
testimony concerning the zone reclassification for property located at 775 Olney Avenue.
Mayor Weatherill reopened the continued Public Hearing scheduled for 8:00 PM regarding a
Petition to Vacate a portion of Grant Street as submitted by Kevin Tweten, et al. LEGAL
DESCRIPTION: The North 133.5 feet of the South 388.5 feet of that portion of Grant Avenue
North of First Street as per the Plat of Sroufe's Addition to Sidney as per Plat recorded in
Volume 1 of Plats, Page 26, Records of Kitsap County, Washington; situate in KAsap County,
Washington.
Steve Dixon, attorney representing petitioners, advised Council they are willing to (1) draft a
20' easement deed guaranteeing Mrs. Baer access to her property, however no major
improvements would be done to the existing road; (2) "No Parking" signs posted and
enforced by property owners.
After much discussion, Councilman Clauson, seconded by Councilman Morrison, moved to
approve Petition to Vacate a portion of Grant Street as submitted by Kevin Tweten, et al
subject to the following conditions: (1) a 20' easement deed guaranteeing Mrs. Baer access
to her property; (2) "No Parking" signs posted and enforced by property owners; (3) parking
improved for Tweten's rental house; (4) all conditions to meet with Mrs. Baer's satisfaction; (5)
approval contingent upon all documents reviewed by the City Attorney.
Mayor Weatherill called for a 5 minute recess with meeting reconvening at 9:05 PM.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the City Engineer to renegotiate contract with Phoenix Group for the transportation element of
the Comprehensive Plan at a cost of $5,000 and to further authorize the Phoenix Group to
prepare maps and graphics for a cost not to exceed $1,800.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the
City Engineer to proceed with negotiations to purchase property for the Sedgwick water
reservoir.
February 22, 1993
Page 4 of 4
On motion by Councilman Geiger, seconded by Councilman Grable, Council adopted
Resolution No. 1630 designating days upon which the Municipal Court shall be open to the
public.
On motion by Councilman Geiger, seconded by Councilman Grable, Council placed on the
consent agenda for March 8, 1993, proposed ordinance adding a section to Title Two relating
to Court days for the Municipal Court.
Mayor Weatherill adjourned regular meeting at 9:36 P.M.
DEPUTY CLERK
MAYOR