09/14/1992 - Regular - MinutesPort Orchard, Washington
September 14, 1992
Council of the City of Port Orchard, Washington, called to regular session at
7:30 PM by Mayor Protem John Clauson. Councilmembers present: Childress,
Morrison, Geiger, Smith, Powers and Grable. Staff present: City Attorney
McCluskey, Police Chief Mathews, City Engineer Curles, Deputy Fire Chief
Wernet and City Clerk Flower.
Mayor Protem Clauson led the audience and Council in the Pledge of
Allegiance.
On motion by Councilman Grable, seconded by Councilwoman Powers, Council
approved the minutes of the August 24, 1992 regular meeting.
Kay Morrison, President of the Port Orchard Library Board, invited Mayor,
Councilmembers and city staff to a "Thank you" reception at the Port
O.orchard Library on September 28, 1992. The library's new "info -track
system" will be demonstrated for those present.
Russ Flauge, attorney representing South Sound Sanitation, addressed Council
regarding solid waste collection rates throughout Kitsap County. Garbage
companies serving the unincorporated areas of Kitsap County are in the
processing of making application to the Utility Transportation Commission for a
rate increase. It is anticipated this increase will be effective in December of
1992. Mr. Hauge read a letter that South Sound Sanitation is proposing to
mail to City of Port Orchard customers to correct misunderstanding/
misinformation given by Southsound Sanitation concerning the recent rate
increase.
Senator Bob bke, 26th District, stated his office has received many letters and
calls regarding the increased collection rates. Senator Oke voiced strong
objection to Southsound Sanitation billing the increase retroactive to January
1992.
Sandy Johnson, city resident, petitioned the city to provide for a smaller can
service. This would benefit residents who actively recycle and do not
generate a large amount of refuse. Ms. .Johnson also encouraged Council
members to look at other garbage disposal alternatives when the current
contract expires.
Mayor Protem Clauson opened public hearing relevant to Petition to Vacate a
portion of Morton Street as submitted by Robert Ruffner, et a]. A public
hearing was held on this petition on .June 22, 1992, however due to improper
notification of petitioners this matter must be revisited. LEGAL DESCRIPTION:
Situated in Section 26, Township 24 North, Range 1 Est, Kitsap County. The
full sixty foot width of Morton Street which abuts Lots 17 and 18, Block 14 of
Sidney 1st Addition and Lots 1 and 2, Block 10 Sidney 1st Addition.
September 14, 1992
Page Two of Six
City Engineer Curles described location of subject property and outlined
potential future use of portions of the Morton Street right-of-way.
Mayor Protem Clauson called for input from those present
Robert Ruffner, petitioner, stated he has requested this right-of-way be
vacated to enable him to develop his property at a higher density.
Mr. Ruffner and Councilmembers discussed development and construction
history of his property.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council
continued Public Hearing relevant to Petition to Vacate a portion of Morton
Street as submitted by Robert Ruffner, et al. to September 28, 1992 Council
meeting at 7:45 PM to allow the City Engineer an opportunity to review
alternatives as discussed by Councilmembers and submit recommendation.
Mayor Protem Clauson opened Public Hearing concerning request to amend
Ordinance No. 1151 by deleting condition #3 which was required for approval
of zone reclassification for property at 303 Perry Avenue. Request submitted
by Lorin & Terrie Blank.
City Engineer Curles reviewed conditions set forth in Ordinance No. 1151.
Condition No. 3 reads "Both parcels of property are to be converted to one
tax lot."
City Clerk read letter from Michael Williams, 320 Perry Avenue, encouraging
denial of this request, citing lack of adequate parking and non-compliance
with another condition of approval.
Lorin Blank, proponent, submitted pictures of subject property and responded
to council queries.
Terrie Blank, proponent, assured Councilmembers that allowing the one tax
parcel to be separated into two tax parcels would not change the parking
situation.
Councilman Geiger stated that if this property is split it would not comply
with zoning square foot requirements and questioned the City Attorney as to
whether the Council has the power to create a non conforming use. City
Attorney McCluskey advised Council to not take action which would create a
non-compliance situation.
Mayor Protem Clauson called for additional input, in favor of or opposed to
the request to delete Condition #3 of Ordinance No. 1151 which would allow one
tax parcel to be separated into two tax parcels. As no additional input was
submitted, Mayor Protem referred matter to Council for consideration.
ON
September 14, 1992
Page Three of Six
Councilwoman Powers moved to prohibit revision of Ordinance No. 1151 and
denied request to delete Condition #3 as submitted by Lorin and Terrie Blank,
seconded by Councilman Morrison and carried.
Mayor Protem Clauson recessed meeting for 10 minutes reconvening at 9.22 PM.
Councilman Geiger, Finance Committee Chair, reported they have discussed
Housing Authority request for permission to locate an apartment complex in
Port Orchard. Norm McLoughlin of the Housing Authority and Council
discussion encompassed, but was not limited to, the following: tax exemptions
for Housing Authority Projects; quality and maintenance of Housing Authority
facilities; military housing; income levels of prospective tenants; housing
shortage in Kitsap County and Port Orchard area; tenant screening process;
traffic impacts; public transportation; and ownership of roads, water and
sewer lines within the project.
Councilwoman Powers moved to'authorize the Mayor to send a letter to the
Kitsap County Housing Authority approving and welcoming this apartment
project to Port Orchard, seconded by Councilman Grable and carried with six
ayes and one nay. Councilman Morrison voting nay.
On motion by Councilman Morrison, seconded by Councilman Childress, Council
approved Resolution No. 1615 adopting the Tremont Corridor specific Plan.
This plan is to be used as a guide for future development along the Tremont
Street corridor.
Councilman Geiger moved to adopt Resolution No. 1616 which replaces
Resolution No. 1614 and approves the transfer and assignment of a cable
television franchise from Olympic Cablevision Limited Partnership to Falcon
Video Communications, L.P. seconded by Councilman Grable and carried.
On motion by Councilman Morrison, seconded by Councilman Grable, Council
adopted Ordinance No. 1559 which amends the City of Port Orchard
Comprehensive Plan Map by amending the comprehensive plan map designation
of property located in the vicinity of Lippert Drive and Highway 16, from
Green Belt and Residential Low to Residential High. Chuck Childress, agent for
owner Jim James. Councilman Chuck Childress stepped down due to conflict of
interest and did not participate in vote on Ordinance No. 1559
On motion by Councilman Grable, seconded by Councilman Geiger, Council
approved Ordinance No. 1560 amending Port Orchard Zoning Ordinance No. 1469
by amending the area and use maps thereof, reclassifying property located in
the vicinity of Lippert Drive and SR16 from Green Belt. and Residential Low to
Residential High (Chuck Childress, agent for owner Jim James). Councilman
Chuck Childress stepped down due to conflict of interest and did not
participate in vote on Ordinance No. 1560.
September 14, 1992
Page Four of Six
Councilman Grable moved to approve Ordinance No. 1561 approving the
preliminary plat of Pottery Heights as submitted by Chuck Childress, Agent,
for property located in the vicinity of Lippert Drive and Highway 16, seconded
by Councilmembers Powers and Geiger. Councilman Chuck Childress stepped
down due to conflict .of interest and did not participate in discussion on
Ordinance No. 1561.
Councilman Geiger moved to table proposed Ordinance No. 1561, until the
Revised Street Standards are considered, seconded by Councilman Grable and
carried.
Mayor Protem Clauson referred proposed 1993 Kitsap Humane Society Animal
Control Agreement to the Animal Control Committee for review.
City Clerk Hower read the following bids which were received on September
10, 1992 (4:30 PM) for surplus firewood:
Betty Grable
Leo Remenak
Marven Parks
$450.00
$100.00
$532.25
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council
accepted the bidding for surplus firewood as presented and awarded -the bid
to Marven Parks in the amount of $532.25.
Councilman Morrison moved to reject proposal from L. William Rill offering to
exchange property in the Prospect Street Alley area adjacent to the 730
Prospect Street Building and further authorized the City Engineer to solicit a
counter proposal which would maintain the current turning radius and not
prohibit access to adjacent properties. Motion seconded by Councilman
Childress and carried.
On motion by Councilman Smith, seconded by Councilman Morrison, Council
excused Councilwoman Powers from the September 28, 1992 Council meeting.
On motion by Councilman Geiger, seconded by Councilmen Grable, Council
unanimously approved payment of vouchers as follows: Claims Warrant No.
117506 -- 117610 in the amount of $182,401.74 and August 1992 Payroll Warrant
No. 116051 - 116212 in the amount of $149,231.54.
Councilman Morrison moved to adopt the Revised Street Standard as presented
by the City Engineer, seconded by Councilwoman Powers and carried.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council
removed proposed Ordinance No. 1561 from the table.
September 14, 1992
Page Five of Six
Motion to approve ordinance No. 1561 with revisions was approved
unanimously. Motion was presented by Councilman Grable and seconded by
Councilmembers Powers and Geiger. Councilman Chuck Childress stepped down
due to conflict of interest and did not participate in vote on Ordinance No.
1561.
Councilman Morrison moved to approve an additional 12 month extension for
Zone Reclassification No. 1081 for property located at 2431 Bethel as requested
by Bruce Fernie, seconded by Councilman Smith and carried. (Rezone 1081
was approved by ordinance 1474 on November 11, 1989, an 18 month extension
was approved on March 12, 1991).
At the request of Police Chief Mathews, Councilwoman Powers moved to
authorize Chief Mathews to sign a Child Advocacy Agreement between the City,
and other law enforcement jurisdictions within Kitsap County, contingent upon
the City Clerk verifying insurance provisions. Seconded by Councilman
Morrison and carried.
City Engineer Curles presented cost proposals received for painting the
exterior walls and the interior fire bay floors of the new fire station on
Tremont Street.
Councilman Morrison moved to authorize the City Engineer to proceed with low
bid for painting of new fire station contingent upon the Engineer's review of
fire bay floor sealant products. Seconded by Councilman Smith and carried.
City Engineer Curles presented cost proposal to erect Fire Station sign on
Tremont Street. After discussion on prioritization of construction needs and
costs, Council directed the Engineer to delay procurement of sign for this
site.
City Engineer Curles reported on new fire station site rear retaining wall and
the need for a guardrail and also the fire departments request for stairs to
the lower portion of the new building in this area.
On motion by Councilman Geiger, seconded by Councilman Smith, Council
authorized expenditure of approximately $7,000. to construct steel guardrail on
top of new fire station rear area retaining wall and also construction of
exterior stairs.
Council set October 20, 1992 at 7:30 PM as date and time for Study Session to
discuss proposed school impact fees.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council
authorized the Mayor to sign Change Order No. 1 for the Culvert Replacement
Project.
September 14, 1992
Page Six of Six
Councilman Morrison moved to authorize the Mayor to sign The ! nterlocal
Agreement Regarding Joint Use of Parking Area on City Right -of -Way with
Kitsap County contingent upon approval of Street Committee, seconded by
Councilman Geiger and carried.
on motion by Councilman Morrison, seconded by Councilman Childress, Council
authorized expenditure for mailing of the first city newsletter to property
owners and residents within the City. Council proposed staff look at
developing a new format for sending utility bills in an envelope allowing a
means to send newsletters, other written information or surveys to citizens.
Councilman Geiger moved to approve expenditure of $757.85 + tax to install
public works telephones, seconded by Councilman Grable and carried.
Councilman Geiger moved to accept bid from Seal Coat Company in amount of
$8,742.84 + tax and authorized the City Engineer to proceed with seal coat
project for waterfront parking lot, seconded by Councilman Morrison and
carried.
On motion by Councilman Geiger, seconded by Councilman Grable, Council
adopted proposed urban boundaries.
Councilman Geiger moved to agree with concept of joining other cities within
Kitsap County to appeal the Regional Planning Council's policy that all
annexations should be by vote method. How the City of Port Orchard
participates in this appeal is to be contingent upon City Attorney investigation
and subject to interlocal agreement. Motion seconded by Councilman Morrison
and carried.
Meeting adjourned at 12:45 AM.
� CiTY CLERK /�� MAYOR