08/11/1997 - Regular - MinutesPort Orchard
August 11, 1997
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J.
Weatherill at 7:30 P.M. at City Hall, 216 Prospect Street. Councilmembers present: Clauson,
Wyatt, Morrison, Geiger, Powers, and Van Zee. Councilman Grable excused, page 8, paragraph
6. Staff present: Police Sargent Duncan, City Engineer Curles, City Planner Gross, Fire Chief
Snow, City Clerk Parks, Deputy Clerk Merlino, and City Attorney Hanson.
Fire Chief Snow led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Sarah Lambert spoke regarding Bay Street Association's application for Public Event, to hold
Kidz Day Event on August 23, 1997. Ms. Lambert stated they understood the Street and Alley
Committee's recommendation is to deny the request to close Bay Street for the Kiddy Parade.
Based upon the anticipated Committee recommendation the Bay Street Association requested
they be permitted to modify their application and ask to close Frederick Street between Bay Street
to the waterfront on August 23, 1997 from 9:30 AM to 3:00 PM instead. Councilman Morrison,
Chair of the Street/Alley Committee acknowledged the need for a timely response and advised
Ms. Lambert the Committee will review the revised application during a recess and strive to give
them a response before the end of tonight's meeting.
Gary Farnsworth, P.E., Transportation Planning Engineer for the State Department of
Transportation, discussed the State Route 160 Route Development Plan. Mr. Farnsworth,
presented handouts which outlined "What is a route development plan", "Who is involved in the
Steering Committee" and presented a "Summary of Recommendations."
Ron Rada updated Council on the Port Orchard Downtown Association's redevelopment plan.
Mr. Rada stated the association is submitting a block grant application and requested the City
give a letter of support to accompany the block grant application. Mr. Rada also informed Council
it is the intent of the association to present a redevelopment plan to the City in approximately one
year.
Fred Karakas, 744 Bay Street, expressed a concern with Mr. Rada speaking on behalf of the
owners of businesses on Bay Street. Mr. Karakas advised Council, the Port Orchard Downtown
Association does not represent the owners of downtown businesses.
Howard Minor, 1400 Bay Street, requested permission to paint the marquee on Bay Street.
After much discussion, Dr. Minor advised when a color scheme has been agreed upon, he will
return to Council for their concurrence.
Mayor Weatherill opened the 7:30 PM Public Hearing regarding a Special Use Permit and an
appeal to the Planning Commission's denial of a variance. Application submitted by D.J. and
Linda Moen and their representative is FPH Construction, Inc. The proposal is to construct a 2-
story professional office building at 622 Dwight Street, the site is zoned Residential High. LEGAL
DESCRIPTION: Section 26, Township 24, Range 1 E, Sidney SM Stevens', Block 005, Lot 008.
Councilman Van Zee stepped down from Council table, due to a conflict of interest.
August 11, 1997
Page 2 of 10
City Planner Gross gave staff report on this project and outlined the concerns and reasons for the
denial of the variance.
Mike Brown representing FPH Construction, 1904 Marine Drive, Bremerton, WA., assured Council
this project can address all the concerns expressed by the department heads and Planning
Commission, specifically parking, landscaping and lack of space for recycling and
garbage can storage.
Mayor Weatherill asked for audience comments from those either for or opposed to the proposed
appeal to the Planning Commission denial of a variance and Special Use Permit application.
Sandy O'Donnel, owner of Springhouse Dolls, spoke in favor of the project, and highly
recommended Mike Brown as a builder.
Linda Moen, owner of property located at 622 Dwight Street, (proposed site of project), presented
a handout showing pictures of the site and house in disrepair and also letters from County
Commissioners expressing denial of Ms. Moen's request to purchase property and letters from
City regarding vegetation obstructing the sidewalk. Ms. Moen expressed the need to sell the
property, since it is difficult to maintain a home and find renters in a business district.
Warren Van Zee, 601 Dwight Street, spoke in favor of the project, however expressed the need
for landlords to maintain their properties.
Roger Hunko, prospective tenant, spoke in favor of the project and feels this will be an asset to
the City.
Doug Eide, 4033 Lasasa Lane SE, spoke in favor of the variance and proposal, stating each
application should be unique to each situation and discussed individually.
Mayor Weatherill called for additional public input either for or against the appeal to the Planning
Commission's denial of a variance and application for a Special Use Permit for property located at
622 Dwight Street. As no response was received, Mayor Weatherill closed the public input portion
of the public hearing and referred this matter to Council for consideration.
Councilman Geiger moved to approve the variance as submitted by D.J. and Linda Moen and
their representative, FPH Construction, Inc., to increase the percentage of compact parking
spaces, decrease the width of the side yard parking lot landscape buffers and the length of the
required parking spaces for a parking lot of a two-story professional office building located at 622
Dwight Street, seconded by Councilman Wyatt.
Councilwoman Powers moved to amend motion to include the following conditions as
recommended by the Planning Commission, seconded by Councilman Clauson and carried with
5 ayes.
This variance does not apply to the disabled parking space, which must be 20 feet in
length.
August 11, 1997
Page 3 of 10
2. A building permit is required prior to installation of the retaining wall and fence combination
and the eight (8) foot tall front yard retaining wall.
3. The terms of this variance shall be implemented within 180 days or the variance shall be
considered void. An extension of time may be considered and granted by the Planning
Commission upon a written request by the applicant showing a demonstration of just
cause.
Original motion as amended to approve the variance as submitted by D.J. and Linda Moen and
their representative, FPH Construction, Inc., to increase the percentage of compact parking
spaces, decrease the width of the side yard parking lot landscape buffers and the length of the
required parking spaces for a parking lot of a two-story professional office building located at 622
Dwight Street and to include the following conditions:
1. This variance does not apply to the disabled parking space, which must be 20 feet in
length.
2. A building permit is required prior to installation of the retaining wall and fence combination
and the eight (8) foot tall front yard retaining wall.
3. The terms of this variance shall be implemented within 180 days or the variance shall be
considered void. An extension of time may be considered and granted by the Planning
Commission upon a written request by the applicant showing a demonstration of just
cause.
Motion as amended passed with 4 ayes and 1 nay. Councilman Morrison voting nay.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:20 PM.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved a Special
Use Permit to construct a two (2) story 3,960 square foot professional office building upon
demolition of the existing single family residence and detached garage at 622 Dwight Street, as
submitted by D.J. and Linda Moen and their representative is FPH Construction, Inc., with the
following 11 conditions as recommended by the Planning Commission:
A demolition and building permit are required prior to demolition of the existing single
family residence and detached garage and construction of the professional office building.
A permit will be required for the retaining in the front yard if it exceeds four (4) feet in
height.
2. A sign permit is required prior to installation. On -site signage shall not exceed 80 square
feet and comply with the Zoning Ordinance Chapter 5.3.B(9) and (10).
3. No exterior lighting shall be permitted to reflect on adjoining residential properties.
August 11, 1997
Page 4 of 10
4. All landscaped areas shall be irrigated by automatic sprinklers. An irrigation and lighting
plan shall be submitted prior to issuance of any permits.
5. All planting materials found dead or diseased within one (1) year of installation shall be
replaced at the property owners expense.
6. The 10 space parking lot must remain open for parking at all times. A dumpster may not
be located in a parking space at any time.
7. The terms of the Special Use Permit shall commence within 180 days from the effective
date of approval. If the time limit for development expires and development has not
commenced, or the use permitted by this permit does not exist, the permit shall be
considered void. No notice need be given nor hearing held.
8. Water and sewer plans must be submitted and approved prior to building permit issuance.
9. A detention system under the parking lot to reduce the flow volume along the streets is
required. The plans must be submitted and approved by the City Engineer prior to
building permit issuance. In addition, the project must construct a catch basin and culvert
system from Dwight Street to Cline Avenue per City requirements.
10. Fire flow in conformance with the Uniform Fire Code will be required.
11. A second address may need to be issued prior to building permit issuance.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Special Use Permit Application
as submitted by Paul Buettgenbach and his representative is Ginger Brown to allow for an open
storage yard at 250 Bethel Avenue. This site is zoned Commercial General. LEGAL
DESCRIPTION: Section 25, Township 24, Range 1 East, Wheelers Addition to Sidney, Block
004, Lot 3 and 4.
City Planner Gross updated Council on Mr. Buettgenbach's application for a Special Use Permit
and noted this application is a request for a continuation of this permit. The permit was first
approved on May 14, 1990 with conditions of approval expiring in 5 years.
Mayor Weatherill called for audience comments regarding a continuation of a Special Use Permit
as submitted by Paul Buettgenbach for property located at 250 Bethel Avenue.
Ginger Brown, representing Paul Buettgenbach, availed herself to answer questions from the
Council and confirmed the applicant is not asking for an expansion of the current use, just an
extension of time.
Mayor Weatherill called for further audience comments regarding the continuation of a Special
Use Permit as submitted by Paul Buettgenbach for an open storage yard at 250 Bethel Avenue.
As no response was received, Mayor Weatherill closed the public input portion of the Public
Hearing and referred this matter to Council for their consideration.
August 11, 1997
Page 5 of 10
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council adopted
Planning Commission Resolution No. 280-97 as their own and approved the continuance of a
Special Use Permit, as submitted by Paul Buettgenbach, and his representative is Ginger Brown
to allow for an open storage yard at 250 Bethel Avenue with the following 3 conditions:
1. The site obscuring fence shall be maintained at all times.
2. All impound vehicles shall be stored at all times in the impound yard and not in the public
right of way for any period of time.
3. The terms of the Special Use Permit shall commence within 180 days from the effective
date of approval. If the time limit for development expires and development has not
commenced, or the use permitted by the does not exist, the permit shall be considered
void. No notice need not be given nor hearing held.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding a Special Use Permit Application
as submitted by the United Methodist Church and the project representative is Debra Mohoric.
The request is to approve the use of an existing Sunday school wing for a preschool program and
child care center. LEGAL DESCRIPTION: Attachment "A"
Councilman Geiger stepped down from Council table, due to a conflict of interest.
City Planner Gross discussed the Planning Commission's recommendation of approval for this
proposed project.
Mayor Weatherill called for audience comments either for or against the requested Special Use
Permit to allow an existing Sunday school wing to be used for a preschool program and child care
center.
Debra Mohoric, representing United Methodist Church, requested approval of this application and
stated that within the City limits there are no licensed day care centers and this would be an asset
to the neighborhood.
Ms. Mohoric addressed letter from Gilbert Benoit, 703 Kitsap Street, who expressed a concern
that allowing a day care center would increase noise in the area and potential loss of property
values.
Lillian Monroe, 813 Kitsap Street, spoke in opposition to the Special Use Permit, specifically due
to lack of parking and excessive noise in the area.
Doug Eide, 4033 Lasasa Lane SE, spoke in favor of the project and stated the city is in need for
quality day care centers and did not believe that this use would significantly increase noise
levels.
Mayor Weatherill called for audience comments either for or against the proposed Special Use
Permit to allow an existing Sunday school wing to be used for a preschool program and child care
August 11, 1997
Page 6 of 10
center. As no response was received, Mayor Weatherill closed the public input portion of the
Public Hearing and referred this matter to Council for their consideration.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council adopted
Planning Commission Resolution No. 282-97 as their own and approved the Special Use Permit,
to allow a preschool program and child care center at 725 Kitsap Street, as submitted by the
United Methodist Church with the following 5 conditions:
A building permit shall be obtained for the remodel and Certificate of Occupancy granted
prior to opening the preschool and child care center. A permit must be obtained for the
grading or installation of a new retaining wall.
2. The preschool program and child care center must have their State child care license in
hand prior to commencement of the use. A copy of this license shall be provided to the
City of Port Orchard Engineering, Planning, and Building office.
3. The preschool and child care facility shall pay the City for installation of school zone signs
should the signs be required.
4. The preschool and child care center's operating hours are between 6:00 am to 6:00 pm
Monday through Friday with outdoor play after 9:00 am.
5. The terms of the Special Use Permit shall commence within 180 days from the effective
of approval. If the time limit for development expires and development has not
commenced, or the use permitted by the does not exist, the permit shall be considered
Mayor Weatherill opened the 7:45 PM Public Hearing regarding a Zone Reclassification
Application, as submitted by Eileen Hansen Trust, and the representative is Reed Muller of Ward
C. Muller and. Associates. The request is to reclassify 5.25 residential low zoned acres to
Commercial General to allow the development of three retail office buildings, located on the west
side of Bethel Avenue near the 1400 block. LEGAL DESCRIPTION: Attachment "B"
City Planner Gross clarified the location of proposed property and updated Council on the
Planning Commission's recommendation of approval.
Fred Kegel, representing applicant, addressed Planning Commission's concerns regarding
stormwater detention and stated a wet pond will be utilized. Mr. Kegel expressed a concern with
the condition the reclassification will be valid for only 18 months, and requested the 18 month
restriction be waived.
Mayor Weatherill called for public input regarding the zone reclassification application, as
submitted by Eileen Hansen Trust. As no response was received, Mayor Weatherill closed the
public input portion of the Public Hearing and referred this matter to Council for their
consideration.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Planning
Commission Resolution No. 281-97 as their own and approved the Zone Reclassification for a
August 11, 1997
Page 7 of 10
conceptual retail complex located on the west side of Bethel Avenue near the 1400 block, as
submitted by Eileen Hansen Trust. Council added Condition No. 15 to the following 14
conditions of approval as follows:
1. Any major modifications as defined in Chapter 4, Page 9, of the Zoning Ordinance will
require a public hearing (with public notification) before the City Council. Any modified site
plan must have City Council approval and may be subject to new conditions of approval.
2. Sign permit is required prior to installation. Total signage for the site shall not exceed 801
square feet and must comply with standards set forth in Chapter 5.6.B(8) and (9) of the
Zoning Ordinance.
3. Landscaping must comply with standards set forth in Chapter 5.6.6(6) of the Zoning
Ordinance. All landscaping must be installed prior to the issuance of the Certificate of
Occupancy for the site.
4. All landscaped areas shall be irrigated by automatic sprinklers. An irrigation and lighting
plan shall be submitted prior to the issuance of any permits.
5. All planting materials found dead or diseased within one (1) year of installation shall be
replaced at the property owner's expense.
6. This reclassification shall be valid for a period of 18 months. If substantial progress toward
construction has not occurred by the expiration of this time period, the City Council may
revoke the new land use reclassification or approve an 18 month time extension with
conditions.
7. The water system shall be designed and approved by the City prior to issuance of the
building permit.
8. The property will install privately owned wastewater pumps to inject the wastewater into
the Bethel Avenue force main.
9. The east 20 foot strip abutting Bethel Avenue shall be deeded to the City as right of way
prior to the issuance of the building permit in accordance with Resolution #1482.
10. Sidewalks and other off -site improvements shall be completed prior to a Certificate of
Occupancy being issued.
11. Design of the storm water detention system shall be by a professional engineer and meet
the standards of the Department of Ecology. Storm water shall be directed to Bethel
Avenue and away from Blackjack Creek.
12. Erosion controls, such as filter fabric fence and surface coverings, shall be in place to
prevent sediment from flowing over the slope and reaching Blackjack Creek from the
commencement of work throughout the project development until authorized to be
removed by the City.
August 11, 1997
Page 8 of 10
13. Fire flow in conformance with the Uniform Fire Code will be required. Construction
methods will be required to be in keeping with flow available and storage available.
14. Addresses must be issued prior to building permit issuance.
15. The bus shelter and pull out must be relocated towards the north end of the site, in order
to provide minimum walking distance to covered pedestrian business access.
Mayor Weatherill submitted his nominations and recommendations for appointments to the
Lodging Tax Advisory Committee.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council concurred with
Mayor Weatherill's nominations and appointed the following to serve on the City's Lodging Tax
Advisory Committee:
Susan Mather, Manager — Holiday Inn Express
Virginia Collins — Vista Motel
Grant Griffin, Executive Director — Kitsap peninsula Visitor 7 Convention Bureau
Melode Sapp, Executive Director — Port Orchard Chamber of Commerce
Rick Wyatt — Port Orchard City Councilmember
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council removed Item 5C
from the Consent Agenda for further review (Item 5c. "Proposed Ordinance No. 1686 vacating a
portion of an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard
Avenue, Chuck Childress, Petitioner".)
On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved the
following Consent Agenda items:
a. Minutes of the following Council meetings:
(1) July 28 1997 regular meeting.
(2) July 23, 1997 continued Public Hearing regarding Zone Code Ordinance
b. Approval of Claim Warrant Nos. 27236-27315 in the amount of $118,635.39 and
July 1997 Payroll Warrant Nos. 127533-127749 in the amount of $225,794.21.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council excused
Councilman Grable from this Council meeting.
On moiton by Council Van Zee, seconded by Councilman Geiger, Council excused Councilwoman
Powers from the August 25, 1997 Council meeting.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council excused
Councilman Morrison from the August 25, 1997 and September 8, 1997 Council meetings.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council excused
Councilman Wyatt from the September 8, 1997 Council meeting.
August 11, 1997
Page 9 of 10
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council excused
Councilman Clauson from the August 25, 1997 and September 8, 1997 Council meetings.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council placed into
committee for further review, consent Agenda tem 5c. "Proposed Ordinance No. 1686 vacating a
portion of an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard
Avenue, Chuck Childress, Petitioner."
Councilman Morrison, Chair Street/Alley Committee, reported the Street/Alley Committee's
recommendation is to approve the Kidz Day event scheduled for August 23, 1997 from 9:30 AM
to 3:00 PM. The recommendation further allows the closure of Frederick Street from Bay Street
to the waterfront parking lot. The event shall not extend into the downtown waterfront parking
lot.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the
Police Department to enter into a lease with the Harley-Davidson Motorcycle Company for two
motorcycles at the increased lease rate of $215.00 per month including maintenance. This is a
revision of the lease rate approved at the July 14, 1997 Council meeting.
City Planner Gross reminded Council of the continued Public Hearing regarding the Zoning Code
Ordinance scheduled for August 20, 1997 at 7:30 PM.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized Mayor
Weatherill to sign the "Option and Lease Agreement for Telecommunication Site" between the
City of Port Orchard and GTE Mobilenet Incorporated, a Delaware Corporation.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the
Mayor to sign the Public Works Emergency Mutual Aid Agreement. This mutual aid agreement is
between State DOT, Kitsap County and the city's within Kitsap County authorizing
intergovernmental assistance during an emergency situation. This agreement will also facilitate
the FEMA reimbursement process.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized staff
to amend the parking resolution to modify parking on Sroufe Street by placing "No Parking" signs
on the south side of Sroufe Street from Sidney Avenue to Portland Avenue.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the
Mayor to sign a change order for the Port Orchard Library remodeling project in the approximate
amount of $114.12.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the
Mayor to sign a contract with Grey & Osborne in the approximate amount of $4,800.00 to develop
alternatives to mandatory fluoridation of the City of Port Orchard water system.
At 10:50 PM Mayor Weatherill adjourned Council into Executive Session for 20 minutes to discuss
contract negotiation.
August 11, 1997
Page 10 of 10
Mayor Weatherill reconvened Council into regular session.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council rejected the nine
bids, which were submitted on July 9, 1997 at 4:30 PM for the new City Hall project.
At 11:24 PM Mayor Weatherill adjourned Council into Executive Session for 5 minutes and
continued Executive Session for an additional 15 minutes to discuss contract negotiation.
Mayor Weatherill reconvened Council into regular session and adjourned meeting at 11:38 PM.
Michelle Merlino, Deputy Clerk
LESLIE J. WEATHERILL, MAYOR
August 11, 1997
attachment "A"
UNITED METHODIST CHURCH SPECIAL USE PERMIT
LEGAL DESCRIPTIONS
SECTION 26 TOWNSHIP 24 RANGE 1 EAST
SYDNEY SM STEVENS' BLK 15 LOT 12 D-00 SW COR LOT 12 BLK 15
SYDNEY N 100 FIE 60 FT S 100 FT W 60 FT TO BEG.
SYDNEY SM STEVENS' S 80 FT LOT 13 BLK 15.
SYDNEY SM STEVENS' S 80 FT OF LOT 14 BLK 15.
SYDNEY SM STEVENS' BLK 15 LOT 11.
SYDNEY 1ST ADDN BLK 12 LOT 9.
TAX ACCOUNT NUMBERS 4650-015-014-00, 4650-015-013-00, 4650-015-012-00,
AND 4650-015-011-00.
August 11, 1997
Attachment "B"
Ward C. Muller and Associates, Licensed Land Surveyors
217 Sidney Avenue
Port Orchard, WA 98366
Telephone (360)876-3443
Fax (360)377-5951
May 15,1997
REZONE PARCEL
That portion of the East half of the Southeast quarter of the Northeast quarter
of Section 35, Township 24 North, Range 1 East W.M. , and the West half of the
Southwest quarter of the Northwest quarter of Section 36, Township 24 North,
Range 1 East W.M., lying Westerly of Bethel Avenue described as follows:
Commencing at the Northeast corner of the Southeast quarter of the
Northeast quarter of Section 35, Township 24 North, Range 1 East W.M., from
which the Northeast corner of said section bears N 0°09'23" E 1331.27 feet; thence N
87°12=27" W along the North line of said Southeast quarter of the Northeast quarter
a distance of 141.83 feet; thence S 0°09'23" W 530.11 feet and the•TRUE POINT OF
BEGINNING of the following described tract; thence N 87°17'46" W 13.93 feet;
thence S 25043'00" W 493.13 feet; thence S 4°43'02" W 351.86 feet more or less to the
South line of the Southeast g1larter of the Northeast quarter; thence S 88°01'54" E,
along said South line, 370 feet more or less the Westerly margin of Old State
Highway Number 14,from which the East one -quarter corner of said Section 35 bears
S 88°01'54" E 12.84 feet; thence Northeasterly along the said Westerly margin 801
feet more or less to a point which- bears S 8711746" E from the True Point of
Beginning; thence North N 87°17'46" W 171.07 feet more or less to the TRUE POINT
OF BEGINNING.
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