05/08/1978 - Regular - MinutesPort Orchard, Washington
May 8, 1978
Council of the City of Port Orchard, Washington called to regular session
by Mayor Pro--tem Robert Geiger. Council members present: Lee Caldwell,
Eugene Caldwell, Margaret Jane Miller, Leonard Clark and Mary Wilson.
Also present: Attorney Riehl and Engineer Knobbs. Chief Mares, Chief
Weatherill and Mayor Powers excused.
Mayor Pro-tem Geiger led Council and the audience in the Pledge of Allegiance.
On motion by Councilman Lee Caldwell, seconded and carried, Council approved
the minutes of the April 24, 1978 meeting as circulated.
Mike McCormick addressed Council regarding County wide public transportation
issue which is in the May 16, 1978 ballot. Mr. McCormick explained the
proposed routes, schedules, fees and cost to the tax payers. He also stated
that local services to the South County residents are expected to be in
full, operation by the summer of 1979.
On motion by Councilman Wilson, seconded and carried, Council authorized
endorsement of the Public Transportation System Special Levy on the May 16,
1973 election ballot.
Alice Stiver, representative of the Kitsap County Bank employees, approached
Council expressing opposition to the proposed changes in the parking lot
plan and fees. Ms. Stiver stated that the proposed time changes would be
very inconvenient for bank employees as they would be arriving at work_at
8:00 A.M., during the period when no parking would be allowed in the 9 hour
zone.
Don Rickett, Kitsap County Bank & Corp., expressed his opposition to the
proposed increase in parking fees, stating that in his opinion, an increase
of this amount proposed is excessive and unreasonable.
Jack Mandeville, Downtown Merchants Ass'n.stated that he would like the
Street and Alley Committee and Downtown Merchants Ass'n.to have another
meeting to discuss the proposed parking plan. He felt with the additional
input received from citizens using the parking lot, changes in the proposed
plan could be arrived at that would satisfy the majority of parking patrons.
Elizabeth West, South Kitsap Parks Commission, requested Council to approve
a fourth fireworks stand to be set up within the City limits. Ms. incest
stated that they would like to have a fireworks stand to raise funds for the
South Kitsap Parks Commission and would like to locate the stand near the
U-turn at the foot of Bay Street.
Councilman Eugene Caldwell suggested matter be turned over to Committee for
recommendation.
Councilman Miller moved to allow a fourth fireworks stand in the City of
Port Orchard. Seconded by Councilman Lee Caldwell.
Councilman Wilson moved to amend motion to state: Permission for fourth
fireworks stand subject to finding a proper Location and authorization of
the.Fire Committee to grant permission for location with concurrence of the
Fire Chief. Seconded and carried. Original amended nxa ion seconded and carried.
Dudley N. Perrine, Attorney representing Howe Motor Co., approached Council
with request to lease land situated between Blackjack Creek and their prop-
erty, an area approximately 75' X 350'. Mr. Perrine suggested the terms
and conditions be the same as the City has with DNR on the leased parking
lot area. He also stated that Polly Gans would like to make the same offer
for property on the vest side of Blackjack Creek adjacent to the Westbay
Shopping area.
On motion by Councilman Lee Caldwell, seconded and carried, Council re-
ferred matter to the City Attorney and authorized him to draw up a lease
agreement for approval and acceptance by the City Council and Dudley Perrine
Attorney for Howe Motor, Co.
On motion by Councilman Lee Caldwell, seconded and carried, Council
authorized the City Attorney to prepare a Street Use Permit for Council
approval, granting Tom Myers, Hy -Joy Bowling Alley, permission to use
City right -of --way adjacent to his building for parking. Upon approval
of Street Use Permit by Council, it will be submitted to Tom Myers for
acceptance.
Councilman Lee Caldwell moved to table matter of petition for vacation
of Rylander Circle submitted by J. A. Tudor & Assoc. to enable Council
to have a study session. Seconded and carried.
Clerk read letter from Goodwill Industries regarding site for pickup
station offered by City on Mitchell Avenue. Mr,.Don MacArthur thanked
the Council for their consideration on this matter but stated Goodwill
Industries is not accepting this offer, as they do not feel anough traffic
passes this point to allow for maximum exposure.
Clerk read letter fron Nadean Ross, Poulsbo, who states that in her
opinion the street striping and markings in the City of Port Orchard is
not adequate and during inclement weather it is almost impossible to see
where the lines are on the streets. Letter referred to Street Committee.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved Ordinance No. 1051, an ordinance canceling and superceding all
parking and loading requirements depicted in the City of Port Orchard
Zoning Ordinance No. 899.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved Ordinance No. 1052, an ordinance providing for the protection
of the Public Health and Safety; adopting the .International Association
of Plumbing and Mechanical Official's Uniform.Plumbing Code, 1976 Edition;
defining the rights and duties of the building official with respect to
the Uniform Plumbing Code; specifying who may be issued a permit required
by the above -mentioned code; providing certain amendments to the above -
mentioned code; providing a penalty for the violation of this ordinance
and repealing Ordinance Nos 728 and 711, which is codified as Port Orchard
Municipal Code 15.08.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved Ordinance No. 1032, an ordinance amending Chapter ten (10) of
City of Port Orchard Zoning Ordinance No. 899, Amendmentsand Reclassif-
ication.
On motion by Councilman Lee Caldwell, seconded and carried, Council set
May 22, 1978 as date of Public Hearing on Rezone Application as submitted
by L.. C. Properties, for a lot in the 800 Block on the South side of
Kitsap Street. Applicants request a zoning change from Residential High
to Multi -family 20 to facilitate construction of a five -plea.
LEGAL DESCRIPTION: E. z of Lot 3 and all of Lot 4, Blk. 7, 1st Addition
to Sidney as per plat recorded in Volume 1 of Plats, pages 10 and 11,
Kitsap County, Washington.
On motion by Councilman Lee Caldwell, seconded and carried, Council set
forth May 22, 1978 as date of Public Hearing on Rezone Application as
submitted by Louis Molzahn and Ryan Built Homes, Inc. for an area con-
taining 18.8 acres located West of Sidney Road and North of SR #16.
LEGAL DESCRIPTION: That portion of the South half of the Southwest
quarter of Section 35, Township 24 North, Range 1 East, W.M. in Kitsap
County, Washington, described as follows:
Beginning at the Southwest corner of said Section 35; thence along
the South line of said Section 35, S 870 3014" E 883.99 ft. to the
TRUE POINT OF BEGINNING: thence N 00 55'27" E 557.35 ft.; thence
N 870 39121" W 220.00 ft.; thence N 00 55'27" E 465.00 ft.; thence
S 870 39121" E 437.79 ft.; thence S 00 55'27" W 208.71 ft..; thence
S 870 39121" E 208.71 ft.; thence N 00 55'27" E 248.52 ft. to the
South margin of Poplar Streets thence along said South margin S 870
39'21" E 219.65 ft.; thence S 00 55'27" W 364.73 ft.; thence S 860
46'00" E 347.65 ft to the Westerly margin, of Sidney Road; thence
along said Westerly margin S 200 55' 43" W 431.05 ft.; thence N 700
37'09" W 227.68 ft.; thence S 200 55'43" W 370.00 ft . to a point
on the .South line of said Section 35; thence along said South line
N 870 34'14" W 503.49 ft. to the true point of beginning.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved the following organizations to operate fireworks stands within
the City of Port Orchard over the Fourth of July Holidays.
1. South Kitsap Pee Wees
2. Lions Club
3. Rotary Club
4. South Kitsap Parks & Recreation Committee, contingent upon Fire
Committee and Fire Chief approvalof suitable location for stand
prO v.ide:d, by applicant.
Clerk informed Council, of Association of Washington Cities Convention
which is. to be held June 13 - 16, 1978 in Yakima, Washington. Any
Councilman who would like to attend is to contact the City Clerk before
May 22, 1978.
Mayor Pro-tem Geiger declared recess at 9:00 P.M. to reconvene at 9:15 P.M.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved installation of sign for Geiger Pharmacy on City right -of --way
located at Bay Street and Port Street with the condition that in the
future if the sign needs to be removed, it will be at owners expense.
On motion by Councilman Lee Caldwell, seconded and carried, Council re-
moved from table matter of application for rezone submitted by Leslie J.
Weatherill and William Bloomquist, owners of record, for an area having
17,505 square feet from Residential High to Multi -family 20. Legal des-
cription: Section 35, Township 24, Range lE, Sidney Land Company 2nd
Addition, Block 006, Lots 5 - 10.
Councilman Eugene Caldwell reinstated himself in public hearing proceed-
ings. Mr. Caldwell stated that due to the fact that he has no direct
contact with applicants or development, he had been advised that there
is no conflict of interest.
Councilman Lee Caldwell, Chairman Street and Alley Committee, informed
Council that after investigation of the area, his committee is concerned
about water run off from the proposed development and the potential of
creating a .flood zone.
Councilman Eugene Caldwell expressed his opposition to this rezone
stating in his opinion the area involved (West Street -Tremont Street)
is not capable of handling the impact created by construction of two
four-plexes. Sewer facilities are not adequate, streets will not handle
increased traffic, and there is no place at present for children to play.
Leslie J. Weatherill and William D. Bloomquist assured Council they feel
with proper handling, drainage would not be a problem. They also stated
that in their opinion, this development would not generate a great
increase in the volume of traffic on the adjacent streets.
Jack Tryon, 1420 West Street, stated that as a resident of West Street
he knows the problems of this area. Mr. Tryon informed Council that there
is a problem with traffic, excess drainage and lack of place for children
to play as the neighborhood is at present. Allowing construction of a
development of this size would tremendously increase the existing problems.
Mr. Kinyon, 1426 West Street, reinforced M.r_. Tryon's statement of traffic
problems and excess water problems. Mr. Kinyon stated that his garden
is flooded most of the year due to the existing drainage problems in this
area.
Councilman Miller moved to approve application for rezone submitted by
Leslie J. Weatherill and William D.Bloomquist. Motion died for lack of
second.
Councilman Eugene Caldwell moved to reject rezone application submitted
by Leslie J. Weatherill and William D. Bloomquist, owners of record, for
an area having 17,505 square feet from Residential High to Multi -family
20. LEGAL DESCRIPTION: Section 35, Township 24, Range 1E, Sidney
Land Company 2nd Addition, Block 006, Lots 5-10. Seconded and carried
with three ayes and two nos, Councilman Clark and Miller voting no.
Councilman Lee Caldwell moved to reconsider rezone application submitted
by Leslie J. Weatherill and William D. Bloomquist, owmers of record, for
an area having 17,505 square feet from Residential High to Multi --family
20. LEGAL DESCRIPTION: Section 35, Township 24, Range 1E, Sidney Land
Company, 2nd Addition, Block 006, Lots 5-10. Seconded and carried with
four ayes and one no. Councilman Eugene Caldwell voting no. (See tapes
May 8, .1978 meeting) .
On motion by Councilman Eugene. C&ldwell, seconded and carried, Council
removed from table, Special Use Permit application by Jack Cyr to allow
a law office in an existing structure located at 712 Cline Avenue which
is in a Residential High Zoning District.
City Engineer Knobbs, stated he and the Fare Chief had inspected the
building and determined that the basement ceilings are adequate to
allow for commercial use, however several other items must be corrected
ie, an additional exit must be provided from the basement. Insulation
is not adequate. Extensive rewiring must be done and the door to
Taylor Street is not up to code standards.
After much discussion, Councilman Lee Caldwell moved that Council deny
Special Use Permit Application as submitted by Jack Cyr to allow a law
office in an existing structure located at 712 Cline Avenue which is in
a Residential High Zoning District on the basis that other special use
permits of this type which have been allowed by the City of Port Orchard
have all been for locations directly adjacent to Kitsap County Courthouse
property and Mr. Cyr's property is not. Seconded and carried, with four
ayes and one no. Councilman Miller voting no.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
removed matter of reimbursement to First Aid Personnel from the table.
Attorney Riehl informed Council that in his opinion, .reimbursement to
First Aid Personnel would not create any possibility of a liability
situation for the City, than what would be present if a problem arose
at the present time.
Councilman Leonard Clark spoke against reimbursing the Volunteer First
Aid personnel, stating that in the past the City has not wanted to get
into the "ambulance business" and action of this type would set a
precedent for the future.
Councilman Lee Caldwell moved that the City of Port Orchard reimburse
the Volunteer First Aid Personnel for expenses in the same manner as the
Volunteer Firemen are reimbursed at the rate of $2.00 per call. Seconded
and carried, with four ayes and one no, Councilman Clark voting no.
Engineer Knobbs reported to Council that the bids for removing or
demolishing the Kendall Street Water Tower have gone out and are scheduled
for opening at the May 22, 1978 regular Council meeting.
Engineer Knobbs reported to Council that contractor has completed his
portion of the Perry Avenue Water Line Project. The paving is scheduled
to be done next week and due to lack of contingency funds, complete re-
paving of newly completed water line area may not be possible.
On motion by Councilman Lee Caldwell, seconded and carried, Council
referred matter of repaving Perry Avenue Water Line area to the Street
Committee, granting them authority, with the advice of the City Engineer
to authorize complete repaving if the additional expense to the City is
within the budget.
On motion by Councilman Miller, seconded and carried, Council approved
payment of the balls in the amount of $108.645.58 (Vouchers #4459 thru
#4566) and the April payroll in the amount of $51,486.65 (Vouchers #7468
thru #7578).
On motion by Councilman Miller, seconded and carried, Council referred
matter of proposed increase in dog license fees to the Animal Committee.
Clerk is to prepare a draft ordinance for Council approval or denial at
the May 22, 1978 meeting.
Mayor Pro-tem Geiger set May 15, 1978 as date of study session to
select councilman to fill vacancy created by the resignation of Council-
man David Libby, Position #3.
Meeting adjourned at 11:15 P.M.
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