09/24/2001 - Regular - MinutesPort Orchard, Washington
September 24, 2001
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. in City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Wyatt, Geiger, Powers, Van Zee, and Stansbery. Councilman Morrison excused. Staff present: Police
Chief Townsend, Deputy Clerk Merlino, City Engineer Curies, City Attorney Amann, and City Clerk Parks.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this meeting's agenda.
Richard Bayliss, 503 Melcher Street, stated he recently received a building permit to place a mobile home
on his property located at 503 Melcher Street. After receiving his building permit the Building
Department discovered his mobile home was not in compliance with the zoning ordinance, due to the fact
that his mobile home was constructed with aluminum siding and the zoning ordinance requires wood
siding on all mobile homes. A stop work order was issued. City Engineer Curies stated staff does not
have the authority to waive any requirements of the zoning ordinance.
After careful deliberation by the City Council, on motion by Councilman Van Zee, seconded by
Councilman Wyatt, Council issued a Temporary Use Permit to Richard Bayliss, effective October 1, 2001
for six month, allowing Mr. Bayliss to comply with all the requirements of the zoning ordinance with the
condition, if Mr. Bayliss is not in compliance by March 31, 2002, Mr. Bayliss will have to remove the
mobile home from his property located at 503 Melcher Street.
Mayor Weatherill referred proposed Ordinance No. 1828 regarding the Port Orchard Police Rotational
Tow List to the Finance Committee for further review.
Mayor Weatherill referred proposed Ordinance No. 1831 amending POMC 2.28.030 to update the city
attorney duties and form of compensation statutes to the City Attorney for further review and comment.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Conditional Use Permit submitted by
Qwest Communication seeking approval to construct a 2,800sf addition to the existing 6,900sf structure
currently used as a telecommunications switching facility. The facility is located at 2386 Sidney Avenue.
LEGAL DESCRIPTION: That portion of the south two-fifths of the south 10 acres of the southwest
quarter of the northwest quarter of Section 2, Township 23 North, Range 1 East, W.M., lying westerly of
Sidney Road; except portions deeded to State of Washington for highway per Auditor's File Numbers
631988 and 1100862, records of Kitsap County, Washington.
City Engineer Curies gave the staff report on the proposed Conditional Use Permit and discussed the
Planning Commissions seven conditions of approval.
Mayor Weatherill called for audience comments either for or against the proposed Conditional Use Permit
as submitted by Qwest Communication.
Brenda Ross, KDW Architect, presented a drawing of the proposed building expansion and discussed the
intended use of the expansion. Ms. Ross also noted the limited staff that will utilize this facility and the
correction to the outside lighting reducing unnecessary distraction to surrounding neighbors.
Mayor Weatherill called for further audience comments either for or against the proposed Conditional Use
Permit as submitted by Qwest Communications. As no comments were received, Mayor Weatherill
closed the public input portion of the Public Hearing and referred this matter to Council for their
consideration.
September 24, 2001
Page 2 of 3
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council adopted Planning
Commission Resolution No. 321-01 as their own and approved Conditional Use Permit No. 006-01 to
allow construction of a 2,800sf addition to the existing 6,900sf structure currently used as a
telecommunications switching facility located at 2386 Sidney Avenue with seven conditions as follows:
1. An approved lighting plan is required prior to building permit approval indicating existing
and proposed light fixtures, including the pole heights. Each fixture shall have cut-offs, or
shielding to ensure that glare does not wash off the property into the right-of-way, or the
surrounding neighboring properties.
2. An approved Landscape Plan and Maintenance Agreement is required prior to building
permit approval.
3. A Temporary Use Permit is required for the existing mobile office and fleet parking prior
to approval of the conditional use permit.
4. The mobile office and fleet parking activity shall be relocated to a suitable site prior to the
commencement of construction.
5. An approved stormwater permit is required prior to building permit approval.
6. All conditions identified by City Departments and other agencies must be met prior to the
issuance of the building permit.
7. All proposals of the applicants are herein made conditions of approval.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Ordinance No.
1829 amending Port Orchard Municipal Code Chapter 2.30 regarding Civil Service Commission to correct
a scrivener's error.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Ordinance No.
1830 repealing POMC 2.08.010 and reestablishing procedures for the appointment and removal of the
City Clerk, City Treasurer, City Engineer and Police Chief.
On motion by Councilman Stansbery, seconded by Councilwoman Powers, Council approved Ordinance
No. 1832 repealing POMC 5.92 to rescind amusement game exemption which is in conflict with Port
Orchard gambling statutes.
On motion by Councilman Van Zee, seconded by Councilwoman Powers, Council approved Ordinance
No. 1833 rescinding Port Orchard Municipal Code 2.24 to abolish the Port Orchard Parks Commission.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Ordinance No.
1834 repealing POMC 5.24 to rescind jukebox license, license fee, and control of machine regulations.
At 8:20 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:30 PM.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved consent
agenda items as follows:
a. Minutes of the September 10, 2001 regular City Council meeting
b. Claim warrants numbered 35748-35800 in the amount of $40,326.95.
Councilwoman Powers, Chair Public Property Committee, discussed the possible purchase of property
located at 213 Prospect Street for an opportunity to move the waterfront· parking from downtown to
equivalent spaces on this site or use the land for other public buildings.
September 24, 2001
Page 3 of 3
Councilwoman Powers requested the City Engineer seek an appraisal for property located at 213
Prospect Street, seconded by Councilman Wyatt. Motion failed with 3 ayes and 3 nays. Mayor Weatherill
broke tie vote by voting no. Councilmembers Stansbery, Geiger, and Van Zee voting nay.
Councilwoman Powers, Chair Public Property Committee, referred to letter from Ed and Marlys
Recknagle requesting the property line between their property located at 198 Tremont St. and the existing
west fence line of Van Zee Park be established as the property line.
City Engineer confirmed the city purchased a portion of the property from the Recknagel's for the fire
station at 200 Tremont Street and installed a chain like fence along the perimeter. A property line
agreement would clarify that the chain link fence is the property line and would resolve any future
difficulties.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council authorized the City
Engineer to prepare a property line agreement establishing the property line between Ed and Marlys
Recknagle's property located at 198 Tremont Street and the existing west fence line of Van Zee Park be
established as the property line.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council authorized selection of Rice
Fergus Architects as the architects to develop a new concept for the Bay Street Marquee. City Engineer
will work with Rice Fergus Architects to develop Scope of Project and proposed cost of contract.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved a property lease
agreement with KeyBank National Association for property located along Blackjack Creek within the
Westbay shopping center for a monthly rent of $250 plus leasehold tax, a term of 5 years (effective
October 1, 2001 ending September 30, 2006) with the readjustment of the rent and terms after five years
and a termination clause with 90 days notice. Motion passed with 5 ayes and 1 nay. Councilwoman
Powers voting nay.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized the Mayor to
sign letter addressed to Port of Bremerton, Board of Commissioners regarding sanitary sewer service to
the South Kitsap Industrial Area.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to
sign the Coast Zone Management Grant to assist in the analysis and inventory of the city's shoreline,
which would include Sinclair Inlet and Blackjack Creek.
Councilman Clauson moved to amend contract for the earthquake repairs at the Harrison Hospital
Stormwater Pond with Case Excavating and authorized the Mayor to sign Change Order in the amount of
$525 for an additional 15 cubic yards of rock, seconded by Councilman Wyatt and carried.
At 9:40 PM Mayor Weatherill adjourned the Council meeting.
~~c-Jutfh<~L
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR