05/27/2003 - Regular - MinutesPort Orchard, Washington
May 27,2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Powers,
and Rider. Councilman Cramer excused, page one, paragraph 3. Staff present: Police Chief Townsend,
City Planner Wenman, City Engineer Curies, City Attorney Amann, Deputy Clerk Merlino, and City Clerk
Parks.
Councilman Wyatt led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Rider, seconded by Councilman Wyatt, Council excused Councilman Cramer
from this Council meeting.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Ron Rice, Howling Wolf Amphitheater, located at 375 Sedgwick Road, addressed Council concerning the
non-issuance of a dance license. City Planner Wenman advised outdoor amphitheaters are not a permitted
use under the City's Zoning code. A Temporary Use Permit was issued last year to facilitate the Howling
Wolf Amphitheater's performances. However the Temporary Use Permit had expired in October of 2002
and since Mr. Rice submitted the Dance/Amusement License application two days prior to the scheduled
event, this did not allow for a complete review of the application, including zoning issues by all City
departments.
Mr. Rice requested the Howling Wolf Amphitheater be designated as a permanent amusement show/dance
designation in accordance with Port Orchard Municipal Code Chapter 5.20. In addition to this request,
Mr. Rice also asked to extend their hours of live music until 2:00 AM, the same as other commercial
businesses within the City, that have similar venue of entertainment.
Mayor Weatherill directed city staff to review Mr. Rice's request, specifically to zoning issues, hours of
business, traffic, noise issues, and heath and sanitation.
On motion by Councilman Clauson, seconded by Councilman Rider, Council granted Ron Rice, Howling
Wolf Amphitheater, located at 375 Sedgwick Road a Temporary Use Permit for 30 days which will expire
on June 27, 2003 with the following comments and stipulations:
1. The approval is for the operation of an outdoor entertainment amphitheater, to be located at 375
Sedgwick Road.
2. Applicant shall provide restroom facilities per UBC requirements, or as otherwise authorized by
the Bremerton/Kitsap County Health District.
3. Parking shall be maintained on-site, or as authorized by Kitsap County to be extended onto
adjoining Kitsap County jurisdictional land. Parking/traffic attendants shall be provided at all
times of operation. Applicant shall direct overflow parking to approved public parking lots, and
provide shuttles as needed.
4. Activity shall be maintained 200 ft from the banks of Blackjack Creek.
5. Lighting and noise shall be directed away from surrounding residential properties.
6. Adult Entertainment, i.e., "Wet T-shirt contest", is not authorized at this location.
7. Applicant shall notify the Engineering Department 48 hours in advance of a scheduled event.
8. All conditions of Application for Show, Dance, and/or Public Amusement shall be met.
9. Requests to extend this permit approval will be subject to an amended application submitted to
the City Engineering Department, for City Council consideration.
Kim Abel and Charleen Burnette representing Bremerton Kitsap Access Television (BKAT) discussed the
4th annual award ceremonies. Ms. Burnette recognized many local talented students and citizens that
received awards during the ceremony. In addition Ms. Burnette acknowledged Ryan Berdinka, a local
student from South Kitsap who received an award at the ceremony. Ryan operates the City of Port
Orchard's video and audio sound system during City Council and Planning Commission meetings.
May 27,2003
Page 2 of 5
Robert Johnston representing Paladin Corporation presented the Land Information System, which is a
computerized permitting system currently being utilized by Kitsap County. Mr. Johnston demonstrated
the software, which will allow multi-jurisdictional access to electronic record storage and management of
permitting and land parcel information. Mr. Johnston advised the software is currently installed at the City
of Bremerton and will be installed at the City of Poulsbo.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
sign the lnterlocal Agreement between Kitsap County and the City of Port Orchard for the Governmental
Permitting Software Application System.
Mayor Weatherill introduced an application for a "Comprehensive Design Plan" sign permit for the High
Point Shopping Center.
City Planner Wenman presented staff comments concerning the "Comprehensive Design Plan" sign
permit and asked the City Council to assess the applicants' information using the following criteria:
1. Whether the proposal manifests exceptional visual harmony between the sign, buildings and
other components of the subject property through the use of a consistent design theme;
2. Whether the sign or signs promote the planned land use in the area of the subject property and
enhance the aesthetics of the surrounding area;
3. Whether the sign and its placement obstructs or interferes with any other sign or property in the
area or obstructs natural scenic views; and
4. Whether the proposed plan is aesthetically superior to what could be installed under existing
criteria in this ordinance.
Ben Gist and Joshua Scott, DT Architecture, representing High Point Shopping Center, located at 1 027
Bethel Avenue, presented the "Comprehensive Design Plan" for the shopping center in accordance with
City Ordinance No. 1762. Mr. Gist and Mr. Scott outlined the proposed renovations as follows:
• Replace the existing canopies with unified, translucent canopy structures of a new design;
• Paint the entire center;
• Dramatically improve the parking layout by reorienting the parking perpendicular to Bethel Road
and create a new pedestrian friendly drive isle in front of the building;
• Add new plantings in the parking lot, adjacent to the building fagade and along Bethel Road;
• Replace the existing building signage with a system that is completely integrated into the
structure of the canopies themselves and consistent with the center as a whole.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council approved the
"Comprehensive Design Plan" sign permit for the High Point Shopping Center, located at 1027 Bethel
Avenue as presented as a site specific project, subject to approval by the City Engineer.
Mayor Weatherill presented a request by owner/applicant Soung K. Hong for a one-year time extension
on a Shoreline Substantial Development Permit JARPA 119-00/Conditional Use Permit #003-00 for
property located at 1 00 Bethel Avenue.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved request as
submitted by owner/applicant Soung K. Hong for a one-year time extension on a Shoreline Substantial
Development JARPA 119-00/Conditional Use Permit #003-00 for property located at 100 Bethel Avenue.
At 8:50 PM Mayor Weatherill called for a 1 0-minute recess with meeting reconvening at 9:00 PM.
May 27,2003
Page 3 of 5
On motion by Councilman Wyatt, seconded by Councilman Clauson, Council removed from table, tabled
motion to approve Ordinance No. 1903 by modifying standards for signs along the city owned downtown
marquee to all advertising/promotion of entertainment. (Motion to approve presented at the May 12, 2003
Council meeting, by Councilman Morrison, seconded by Councilmen Geiger and Wyatt.)
Council unanimously approved motion (as presented at the May 12, 2003 City Council meeting by
Councilman Morrison, seconded by Councilman Geiger and Wyatt) approving Ordinance No. 1903
modifying standards for signs along the City owned downtown marquee to all advertising/promotion of
entertainment.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council removed from consent
agenda "item d. Proposed Ordinance No. 1905 approving Zone Reclassification Application to reclassify
property from Residential to Commercial, which would allow weddings, receptions, and catering within an
existing structure located at 322 Cline Avenue. Fremont Dock Company owner/applicant." and approved
the following consent agenda items:
a. Minutes of the May 12, 2003 regular City Council meeting
b. Claim warrants numbered 39148-39217 in the amount of $132,622.20.
c. Ordinance No. 1904 amending Section 10.12.270(1)(b) of the Port Orchard Municipal
Code to prohibit parking on curbs.
e. Authorization for Mayor Weatherill to sign Memorandum of Understanding regarding
WESTNET lnterlocal Agreement.
f. Request by Police Chief Townsend to dispose of forfeited firearms in the best interest of
the city. Attachment "A"
g. Request by City Engineer to dispose of four portable Bendix/King (Fixed Asset Nos.
200116, 200115, 3-161 and 3-164), SCAG riding mower (300203), Handy Billy Pump
(300035)
Councilman Geiger moved to table proposed Ordinance No. 1905, which would approve a Zone
Reclassification Application to reclassify property located at 322 Cline Avenue. Tabling the proposed
ordinance would allow the applicant an opportunity to attend a Street Committee meeting to discuss
recently received complaints concerning noise which could potentially be generated during events at this
location, seconded by Councilman Wyatt. Motion denied with 5 nays and 1 aye. Councilman Geiger
voting aye.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved Ordinance No.
1905 approving Zone Reclassification Application, as submitted by Fremont Dock Company
owner/applicant to reclassify property from Residential to Commercial, which would allow weddings,
receptions, and catering within an existing structure located at 322 Cline Avenue, with the following eight
conditions:
General:
( 1) All conditions identified by City Departments and other agencies must be met prior to
the approval of the rezone and issuance of a building permit.
Building:
(2) Structural Engineering repairs are to be completed no later than 4/31/03.
(3) The occupant load will be limited to 49 until a second exit is provided.
(4) The temporary use permit (75 w/valet parking) is in error and should be corrected
without delay.
Fire:
(5) The capacity for the mezzanine shall not exceed 13 with only one exit.
May 27,2003
Page 4 of 5
(6) The kitchen in the lower level is required to have listed commercial cooking
equipment installed and that equipment produces grease-laden vapors, a kitchen
hood extinguishing system will need to be provided. All plans for fire suppression
systems must be co-approved by the Kitsap County Fire Marshall's Office and Kitsap
County Fire District# 7 prior to installation.
Engineering
(7) A parking plan consistent with city development standards must be submitted and
approved by the City Engineer.
Planning
(8) The applicant shall implement the landscape plan consistent with city standards, prior
to final occupancy.
Councilman Morrison asked staff to prepare a modification to the nuisance ordinance regarding outdoor
noise disturbances.
Councilman Rider reminded committee members the Public Safety Committee meeting will be June 4,
2003, 5:00 PM at City Hall.
Councilman Rider, Chair of the Growth Management Committee, stated the next committee meeting will
be June 5, 2003, 4:30PM at City Hall.
Councilman Rider reported on the fireworks fundraising efforts by the Fathoms 0' Fun Committee this past
weekend. Fathoms 0' Fun Committee communicated the Fireworks Fund is still approximately $2,500 short.
Councilman Rider reminded everyone the Firework Display is 100% donation funded.
Councilman Clauson requested the Hotel/Motel Committee consider allocating an additional $2,500 to the
Fathoms 0' Fun Committee to help support the 2003 Firework Display.
On motion by Councilman Geiger, seconded by Councilman Clauson and Morrison, Council authorized the
salary survey consultant Gary Hulbert to reevaluate the salary range for the Building Inspector's position.
Councilman Morrison, Chair of the Street Committee, stated the next committee meeting will be May 29,
2003, 7:30 AM at Myhre's and June 5, 2003, 7:30AM at Myhre's.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the City Clerk to
proceed with the annexation process to annex the Ancilla Tripp property, which was bequeathed the City
(Tax Parcel No. 112301-1-011-2000) and the Sedgwick Reservoir site for municipal purposes, if the
reservoir property is within the UGA.
On motion by Councilman Clauson, seconded by Councilman Rider, Council authorized the Mayor to sign
the Purchase and Sales Agreement with the Kitsap County Consolidated Housing Authority for the phase 2
project site located at (920 Mitchell Avenue), including the condition that the value of the property maybe
updated by a reappraisal and further contingent upon City Attorney review.
Councilman Clauson advised the Sewer Advisory Committee will meet on May 29, 2003, 7:30PM at City
Hall and the Telecommunication Committee will meet June 5, 2003, 6:30 PM at Tweten's Lighthouse
Restaurant.
Police Chief Townsend reported the Police Department is hosting a Helmet and Life Jacket Sale on
Tuesday, June 17,2003 from 3PM to 6PM.
City Planner Wenman distributed a draft Memorandum of Agreement between Kitsap County and the City of
Port Orchard Establishing the Planning Process for Development of the South Kitsap/Port Orchard Urban
May27, 2003
Page 5 of 5
Growth Area Boundary. The outlined draft included changes submitted by Kitsap County on May 19, 2003
and changes submitted by the City of Port Orchard on May 21, 2003. Upon concurrence by the City Council
City Planner Wenman will present the City's recommendation to Kitsap County for their review.
The City Council concurred with the draft Memorandum of Agreement between Kitsap County and the City
of Port Orchard Establishing the Planning Process for Development of the South Kitsap/Port Orchard Urban
Growth Area Boundary and requested the City Planner present this document to Kitsap County for the
review.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
sign an Easement Agreement with Kitsap County Consolidated Housing Authority for the phase 2 project
site located at 920 Mitchell Avenue, contingent upon the owner of 920 Mitchell Avenue being able to use the
Housing Authority's storm and sewer lines.
~=w~eC~Councilmooting~~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
Attachment "A"
It is requested that the following forfeited firearms be declared surplus by the City:
ITEM SERIAL NUMBER CASE# TAG#
Stevens 12 guage K25D 99-3071 14024
Western 12 guage (none) 00-2277 14963
Remington 12 guage (none) 00-2277 14962
Winchester 12 guage 5579 00-2277 14961