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07/13/1992 - Regular - MinutesPort Orchard, Washington July 13, 1992 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, Smith, Powers and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Hager, Police Chief Mathews, City Engineer Curles, Fire Chief Snow, City Planner Davis and City Clerk Hower. Councilman Grable led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the minutes of the June 22, 1992 regular meeting as distributed. Mayor Weatherill informed Council and audience the 8:30 PM Jack Fitzgerald Zone Reclassification Public Hearing has been canceled due to improper notification of adjacent property owners. This Public Hearing was to take public input on an application for Zone Reclassification as submitted by Jack Fitzgerald, to allow construction of a duplex located at 461 Farragut Avenue from Residential Low to Residential High. Mayor Weatherill referred to Street/Alley Committee, for review and recommendation, L. William Rill's request for Council consideration of a proposed property exchange in the Prospect Street Alley area, adjacent to 730 Prospect building. Mr. Rill stated a relocation of the alley would provide better traffic control in the alley and more clearly define property lines. City Engineer Curles reviewed Richard Jacobsen's request for an 18 month extension of the commercial general zone classification for property located at Plisko Lane and Mile Hill Drive. Richard Jacobsen addressed Council concerning the requested 18 month extension and also advised Council the abandoned house on property will be removed. On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized a 12 month extension of the commercial general zone classification for property located at Plisko Lane and Mile Hill Drive, conditioned upon demolition or progress of repair to the structure located on this property within 30 days. July 13, 1992 Page Two of 'Fen At 7:45 PM Mayor Weatherill opened the second and final Public Hearing regarding the proposed Comprehensive Plan Designation(s) for Vine Street Corporation Annexation area. City Planner Davis briefed Council on the numerous meetings and the Planning Commissions recommendation to approve the proposed Comprehensive Plan Designation(s). Mayor Weatherill called for input either for or against the proposed Vine Street Corporation Annexation area Comprehensive Plan Designation(s). Howard Minor, 1400 Bay Street, voiced concern on what appears to be spot zoning in the Vine Street Annexation area. William S. Palmer, Land Use Consultant, reviewed the past history of the Comprehensive Plan. Gayle Helseth-Kenison, 3678 Horstman Road, urged Council to adopted the plan as submitted. Mayor Weatherill called for further input either for or against the proposed Comprehensive Plan Designation(s) for the Vine Street Corporation Annexation area. As no response was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council adopted Planning Commission Resolution No. 180-92 as their own and approved City Comprehensive Plan Designations within the area known as the Vine Street Annexation Area. Mayor Weatherill opened the 8:00 PM Public Hearing regarding the proposed design and land uses for the Tremont Street corridor. City Planner Davis reviewed the developmental process of the Tremont Corridor Specific Plan. Mayor Weatherill called for input either for or against the proposed design and land uses as described in the Tremont Specific Plan. Howard Minor, 1400 Say Street, urged Council to take each land use application on a case by case basis. July 13, 1992 Page Three of Ten Bob Hubert, 261 Tremont Place W., recommended denial of new commercial development along Tremont which would require a zone reclassification. Vern Bjorkheim, 344 Sunset Lane W., requested the area remain residential. Dora Boyd, 136 May St. W., questioned the present zoning of the area and also inquired about a traffic signal at Pottery and Tremont. City Engineer Curles advised Ms. Boyd a traffic signal would be functional August 1. City Planner read "Land Use Categories" from the Tremont Corridor Specific Plan. Gayle Helseth Kenison questioned why proposed commercial zoning was removed from Pottery Avenue. Council Clauson advised Ms. Kenison the Council did not want to encourage commercial development. Mayor Weatherill called for further input either for or against the proposed design land uses for the Tremont Street Corridor. As no response was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted the Tremont Specific Corridor Plan with two amendments: (1) page 2(A) Purpose - removing the word "future" in the second paragraph; (2) page 21(D)1. Maximum Building Height shall be 33 feet as measured to the roof drip line at any point around the structure measured from the lowest point of finished grade. Mayor Weatherill opened the 8:15 PM continued Public Hearing regarding the application for a Special Use Permit as submitted by Dennis and Beverly Janson to allow conversion of a single family home to professional offices at 504 Sidney Avenue. LEGAL DESCRIPTION: Section 36, Township 24, Range 01E, Block 18, Lot 8, of the S.M. Steven's Town Plat of Sidney, Plat recorded in Vol. 1 of Plats, Page 1 in Kitsap County. City Engineer Curles gave staff report on communication with Mr. Janson and reviewed the Planning Commissions recommendation for Council approval. July 13, 1992 Page Four of Ten Mayor Weatherill called for input either for or against the proposed application for a Special Use Permit as submitted by Dennis and Beverly Janson to allow conversion of a single family home to professional offices at 504 Sidney Avenue. Howard Minor, 1400 Bay Street, requested Public Hearing be continued to allow Mr. Janson an opportunity to speak on this matter. Dr. Minor spoke in favor of this special use permit. Virgil Reams, representing the Sidney Museum Arts Association Board of Directors, spoke in opposition to this Special Use Permit Application. S.M.A.A. would like property to be maintained in the natural setting and also submitted a letter from Gerry Bruckhart who donated adjacent property to Sidney Museum Arts Association with the intention the property remain a natural setting. Gerry Bruckhart spoke to Council on behalf of her family who would like this area to be preserved as a park in its natural state. Mayor Weatherill called for further input either for or against the proposed application for a Special Use Permit as submitted by Dennis and Beverly Janson for property located at 504 Sidney Avenue. As no response was received, Mayor Weatherill closed the Public Hearing and referred matter to Council for consideration. On motion by Councilwoman Powers, seconded by Councilman Smith, Council denied the application for a Special Use Permit as submitted by Dennis & Beverly Janson which would have allowed conversion of a single family home to professional offices at 504 Sidney Avenue. Mayor Weatherill called for a recess with meeting to reconvene at 8:45 PM. Mayor Weatherill opened the 8:15 PM Public Hearing regarding an application for a Special Use Permit to allow a community center and Kitsap County Administrative Offices to be located at 1026 Sidney Avenue - formerly Givens Elementary School site, as submitted by Kitsap County. LEGAL DESCRIPTION: Block 7 and 8, Pottery Addition to Sidney, as per plat recorded in Volume 1 of Plats, page 68, records of Kitsap County; situate in Kitsap County, Washington. Port Orchard City Council July 13, 1992 Page Five of Ten City Planner Davis reviewed the Special Use Application, outlined staff concerns and read recommendations from the Planning Commission. Mayor Weatherill called for input either for or against the proposed application for a Special Use Permit as submitted by Kitsap County. Howard Minor, 1400 Bay Street, spoke in favor of this Special Use Permit, indicating this will be a real asset to the City. Robert Baglio, representing Kitsap County, advised Council that Kitsap County has no objections to the 12 conditions placed on this Special Use Permit. Mr. Baglio also stated the Kitsap County Administrative Offices will not be moved into the community center. Bob Heinz, Kitsap County Planner, addressed and answered questions concerning landscaping around the proposed community center. Mayor Weatherill called for further input either for or against the application for a Special Use Permit as submitted by Kitsap County. As no further response was received, Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. Councilman Morrison moved to adopted Planning Commission Resolution No. 184-92 as their own and approved the issuance of a Special Use Permit to Kitsap County to allow the conversion of Given's School into a Community Center with the following conditions: (1) A final landscape plan shall be submitted and approved by the planning department prior to issuance of any building permits; (2) An outdoor lighting plan shall be submitted and approved prior to any placement of elevated outdoor illumination; (3) A property maintenance agreement shall be signed and submitted to the planning department; (4) A use agreement and paving of Spokane Street right-of-way shall be agreed to by the City and conveyed to the County prior to any construction of parking stalls within such area. Emergency vehicle access and security lighting will be maintained during all functions; (5) A use agreement conveying the right of the County to park vehicles on Pony Colt property shall be signed and recorded prior to construction of parking stalls on said property; (6) A joint use agreement shall be signed and recorded between the County and Masonic Temple. Such agreement Port orchard City Council July 13, 1992 Page Six of Ten shall run with the land and may not be revoked upon new ownership, except with council approval; (7) All stalls shall be striped and handicap stalls identified. Wheelchair access shall be provided from all handicap stalls to the building front entrance; (8) All grass areas and planting beds shall be irrigated in the best judgement of City Engineering Department; (9) The special use permit shall be reviewed annually by the City Council for the first five years after approval. Additional conditions shall be applied, if necessary, to mitigate unforseen impacts. This may include, but is not limited to, the installation of additional parking; (10) New parking areas shall conform to City circulation standard; (11) Curbing shall be placed within proposed parking areas per City requirements; (12) A transportation demand plan shall be submitted to the city identifying the means and methods to reduce single occupancy vehicle used by all building employees. Motion seconded by Councilman Childress. Councilman Clauson moved to amend motion to add Condition No. 13 a ramp be installed allowing disabled persons access to the front entrance of the building from Sidney Avenue sidewalk, seconded by Councilwoman Powers and carried. original motion as amended and unanimously carried to adopt Planning Commission Resolution No. 184-92 as their own and approved the issuance of a Special Use Permit to allow the conversion of Given's School into a Community Center as submitted by Kitsap County with 13 conditions. Mayor Weatherill called for a recess with meeting to reconvene at 10:10 PM. Mr. and Mrs. Hethcock addressed Council concerning their violation of ordinance No. 1444 which restricts people from living in recreational vehicles and requested Council authorize the City Engineer to issue a temporary Use Permit. City Engineer advised Council Mr. and Mrs. Hethcock have been living in a recreational vehicle at the Port Orchard Railway while doing some construction work on a tug boat. On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized a temporary Use Permit to Mr. and Mrs. Hethcock for 60 days which allows them to live in their recreational vehicle at the Port orchard Railway Marina. Port Orchard City Council July 13, 1992 Page Seven of Ten Mayor Weatherill opened the 9:00 PM Public Hearing relevant to the Proposed Six -Year Transportation Improvement Program for 1993-1998. City Engineer Curles reviewed the Six -Year Program, future improvements and funding sources. Mayor Weatherill called for public input relevant to the proposed Six -Year Program. Howard Minor, 1400 Bay Street, supported street improvements and congratulated the City Engineer on his efforts to maintain the quality of our streets. Mayor Weatherill called for additional public input, as no response was received, he closed the Public Hearing and referred the proposed Six -Year Transportation Program to.the Council for consideration. On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Resolution No. 1605 adopting the Six Year Transportation Program for the years 1993-1998. Pastor Charles Jones, Greater Cornerstone Baptist Church, 717 Sidney Avenue, submitted an Application for Public Events requesting to block Sidney Avenue between Taylor and Ada Street to hold a "House of Refuge Fund Drive". Councilwoman Powers stepped down from the Council table, due to a potential conflict of interest. Councilwoman Powers lives near the subject site. After much discussion on possible alternative locations, Councilman Morrison moved to deny request to block Sidney Avenue between Taylor and Ada Street to hold a "House of Refuge Fund Drive", seconded by Councilman Clauson and carried. City Clerk reported on bid opening held July 9, 1992 for the Radey/Melcher sewer Main Project. Bids were received and opened with the required bid bonds as follows: Case Excavating $10,047.00 Fox Island Construction 11,041.76 Babbitt Construction 13,995.00 Westmark Excavating 19202.60 Sound Excavation 14:924.00 Lyrch and Associates S & W Utility D.B.S, Inc. R.T & T Construction Gene Russell Construction Engineer's Estimate July 13, 1992 Page Eight of Ten 6,318.00 16,424.00 12,140.00 14,615.00 11,100.00 $13,540.00 On motion by Councilman Clauson, seconded by Councilwoman Powers, Council accepted the bidding and awarded the contract for the Radey/Melcher Sewer Main Project to the low bidder, Lyrch and Associates in the amount of $6,318.00. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Resolution No. 1606 designating the City Council as the Board of Adjustments and Appeals for the SEPA process. On motion by Councilwoman Powers, seconded by Councilman Grable, Council approved Ordinance No. 1552 amending Ordinance No. 1288, Section 12 (POMC 14.04.110) relating to the designation and adoption of critical area protection policies. City Planner Davis outlined the creation of the City of Port Orchard Vision Statement. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council adopted the City of Port Orchard Vision Statement. Councilman Smith moved to approve the Advanced Life Support Service Agreement between the City of Port Orchard and Kitsap County Fire District No. 7, seconded by Councilman Morrison and carried with 6 ayes and 1 nay. Councilwoman Powers voting nay. On motion by Councilman Geiger, seconded by Councilman Smith, Council approved Ordinance No. 1553 authorizing the calling of a special election of the qualified electors of the City of Port Orchard for September 15, 1992, pursuant to RCW 84.52.069, to levy a six year tax estimated at $.50 per thousand of assessed valuation for the purpose of paying Port Orchard's share of Emergency Medical Services for the City of Port Orchard. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved Ordinance No. 1554, authorizing the City Treasurer to close the Local Improvement Guaranty Fund; authorizing transfer of balance of said Local Improvement Guaranty Fund to General Fund for Municipal Facilities; authorizing transfer of funds from Water -Sewer Equipment July 13, 1992 Page Nine of Ten Replacement Fund and from Water -Sewer Cumulative Reserve Fund to the Water -Sewer Operating Fund. William S. Palmer, land use consultant, representing Willis and Sandra Wolf, spoke concerning their request for Council to reopen the Wolf rezone application (775 Olney Avenue). On motion by Councilman Clauson, seconded by Councilman Morrison, Council moved to deny the reopening of the Willis and Sandra Wolf rezone for property located at 775 Olney Avenue. On motion by Councilman Geiger, seconded by Councilmen Grable and Clauson, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 17128-17205 in the amount of $189,019.69 and June 1992 Payroll Warrant No. 115657-115813 in the amount of $150,829.57. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to prepare the deed to facilitate the land donation by Gerry Bruckhart. On motion by Councilman Geiger, seconded by Councilman Clauson, Council declared the collapse of a culvert on City property located near Lloyd Parkway as an emergency and authorized the City Engineer to prepare the bids and specifications to replace the culvert along the former landfill, on an emergency basis, at an approximate cost of $60,000.00. On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved reconsideration of Ordinance No. 1554 authorizing the City Treasurer to close the Local Improvement Guaranty Fund; authorizing transfer of balance of said Local Improvement Guaranty Fund to General Fund for Municipal Facilities; authorizing transfer of funds from Water -Sewer Equipment Replacement Fund and from Water -Sewer Cumulative Reserve Fund to the Water -Sewer Operating Fund. Councilman Geiger moved to amend Ordinance No. 1554 to include authorizing the City Treasurer to transfer $65,000 from Cumulative Reserve Fund to Water/Sewer Operating Fund to fund culvert replacement on Lloyd Parkway property, seconded by Councilman Morrison and carried. ?riginal motion as amended to approve Ordinance No. 1554 including transfer of $65,000 from Cumulative Reserve Fund to Water/Sewer Operating Fund carried unanimously. July 13, 1992 Page Ten of Ten On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the Mayor to sign the Department of Natural Resource urban Forestry Grant. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to accept the Apply -A -Line proposal for the annual street striping project in the amount of $6,268.00. On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City Engineer to accept the cost proposal from Swanlund ideating in the amount of $3,467.00 for the conversion of the Active Club Building to natural gas. On motion by Councilman Clauson, seconded by Councilman Smith, Council authorized the Mayor to sign Change Order #2 as requested by the City Engineer for Phase I of the new Fire Station Project. On motion by Councilman Clauson, Council authorized the Mayor to Bethel Avenue Water Main. On motion by Councilman Geiger, Council authorized the Mayor to the Tremont Street Water Mains. Meeting adjourned at 12:10 AM. seconded by Councilman Morrison, sign Change Order #1 for the seconded by Councilman Smith, sign Change Order No 1 and 2 for �� -�� CITY CLERK MAYOR