10/11/1993 - Regular - MinutesPort Orchard, Washington
October 11, 1993
Council of the City of Port Orchard, Washington, called to regular session at 7:30 PM by
Mayor Weatherill. Councilmembers present: Clauson, Childress, Morrison, Geiger, Powers,
and Grable. Staff present: Police Chief Mathews, Deputy Clerk Hager, City Planner Brown,
City Engineer Curles, Fire Chief Snow, City Attorney Goodwin and City Clerk Parks.
Councilman Smith resigned from Council position September 28, 1993.
Councilman Grable led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council removed
from Consent Agenda Item 3(f) for individual consideration. (Item 3(f) Resolution No. 1651
providing for the regulation of basic service tier rates and related equipment, installation and
service charges of any cable television system operating within the City and authorizing the
Mayor to execute and file with the FCC such certification forms or other instruments as are
now or may hereafter be required by the FCC Rate Regulations in order to enable the City to
regulate basic service rates and charges.
On motion by Councilman Morrison, seconded by Councilman Grable, Council approved
consent agenda items as follows:
3.a. September 27, 1993 Council meeting minutes as amended.
3.b. Payment vouchers as follows: Claims Warrant No. 19447-19522 in the
amount of $257,116.40 and September 1993 Payroll Warrant No. 118379-
118564 in the amount of $165,968.75.
3.c. Resolution No. 1649 relating to parking, stopping or standing in certain
areas of the City (Additions to Section U. Parking prohibited at all times:
(11) Lippert Drive W. on both sides, from Pottery Avenue to Advantage
Street and (16) 950 Mitchell Avenue on City owned property, except City
equipment.
3.d. Resolution No. 1650 authorizing the Mayor to apply for Community
Development Block Grants to assist the community in the following
projects: (1) Sherman Avenue sewer project; (2) Central Playfield
Restroom project; (3) Municipal Court, ADA Access project; and (4) Library
Expansion project.
3.e. Proposed Ordinance for October 25, 1993 Council agenda:
1. Ordinance readopting definitions of Nuisances and reestablishing rules,
regulations and procedures for the abatement of such nuisances.
(POMC Section on nuisances were repealed when Ordinance No. 1565
was adopted 12/28/92) Sponsored by Councilman Childress.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an Appeal to the Planning
Commission's recommendation to approve Olympic Terrace Apartment Zone Reclassification
Application as filed by Mary J. Urback on behalf of the South Kitsap School District
October 11, 1993
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Councilman Childress stepped down from Council table due to a conflict of interest.
City Attorney outlined the procedures for this Public Hearing clarifying the SEPA Appeal has
been heard and decided upon, this hearing is to determine if the Planning Commission has
errored in their recommendation to approve Olympic Terrace Apartment Zone Reclassification
Application.
Mary Urback, attorney representing South Kitsap School District, objected to the Planning
Commission's Findings and Facts as set forth in Resolution No. 202-93 dated September 8,
1993. Ms. Urback requested Council incorporate mitigated school impact fees as a condition
of approval as allowed by W.A.C. 82.02.020 (Voluntary Agreement).
Ray Ondracek, Assistant Superintendent of South Kitsap School District for Business, spoke
concerning the growth and the need for mitigated school impact fees.
Mayor Weatherill called for additional input regarding the Appeal to the Planning Commission's
recommendation to approve Olympic Terrace Apartment Zone Reclassification Application.
Howard Minor, 1400 Bay Street, strongly spoke against impact fees being imposed on
individual households.
Jim Tracy, Attorney for applicant, strongly urged Council to deny appeal as presented by the
South Kitsap School District stating the SEPA issue is over as per Resolution No. 1642 and
the mitigated school impact fees were denied.
William Palmer, Planning Consultant for applicant, objected to the schools being supported by
individual developers and households.
Guy Spencer, Primark Corporation architect for proposed project, presented a survey he
conducted which reveals newer apartment complexes generate fewer children, therefore
impact fees are unwarranted.
Richard A. Brown, realtor, advised Council he was not against the school district however,
could not support the need for impact fees.
Mayor Weatherill called for additional input either for or against the appeal to the Planning
Commission's recommendation to approve Olympic Terrace Apartment Zone Reclassification.
As no response was received, Mayor Weatherill referred the matter to Council for
consideration.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council denied the
appeal to the Planning Commission's recommendation to approve Olympic Terrace Apartment
Reclassification Application. Appeal submitted by the South Kitsap School District.
Mayor Weatherill called for a 10 minute recess with meeting to reconvene at 9:15 PM.
October 11, 1993
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Mayor Weatherill adjourned Council into a 15 minute executive session to discuss a personnel
matter and a legal matter. Executive Session was extended an additional 3 minutes.
On motion by Councilman Clauson, seconded by Councilman Grable, Council adopted
Resolution No. 1651 providing for the regulation of basic service tier rates and related
equipment, installation and service charges of any cable television system operating within the
City and authorizing the Mayor to execute and file with the FCC such certification forms or
other instruments as are now or may hereafter be required by the FCC Rate Regulations in
order to enable the City to regulate Basic Service Rates and Charges.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the
City to file a complaint against the FCC regarding Falcon Video Communications, L.P., recent
rate revision from a tiered service to an al la carte service and the subsequent rate change.
Councilman Grable moved to remove from Old Business item 5(a) Proposed Ordinance
amending Section 1(3) or Ordinance No. 1533 relevant to non-attendance for reasons other
than illness, seconded by Councilman Geiger. Motion failed with 2 ayes and 4 nays.
Councilmembers Clauson, Childress, Morrison and Powers voting nay.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council denied
Richard A. Brown's request to reconsider the Narry Street Right -of -Way Vacation, (portions of
Perry Avenue and Lawrence Street), as submitted by Doyle D Narry.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the Mayor to sign a grant application - Drug Control System Improvement Discretionary Grant
Program, Catalog of Federal Domestic Assistance #16-580 which would fund 75% of salaries
and benefits for two police officers for a three year period.
On motion by Councilman Clauson, seconded by Councilmen Morrison and Grable, Council
authorized the Mayor to sign a two year lease agreement with Dr. Howard Minor at $460.00
per month for rental of 560 Bay Street.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the
sewer main extension west of the Clambake Restaurant upon acceptance of annexation
agreement(s).
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the Mayor to sign the change order for the repaving of Bethel Avenue at a cost of $53,915.23.
Meeting adjourned at 10:30 PM.
CITY CLERK MAYOR