08/23/1993 - Regular - MinutesPort Orchard, Washington
August 23, 1993
Council of the City of Port Orchard, Washington, called to regular session by
Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson,
Childress, Morrison, Geiger, Powers, and Grable. Staff present: City Attorney
McCloskey, City Engineer Curles, City Planner Brown, Police Chief Mathews,
Fire Chief Snow, Deputy Clerk Hager and City Clerk Hower. Councilman Smith
absent due to illness.
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Rick Veich requested a Temporary Use Permit which would allow him to live in a
travel trailer at 2184 Sidney Avenue.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council
authorized issuance of a six month Temporary Use Permit to Rick Veich,
expiring on February 23, 1994, allowing occupancy of a travel trailer at 2184
Sidney Avenue.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a request to
amend Ordinance No. 1537 by deleting or modifying Condition No. 22 which
requires road improvements near the intersection of Sherman Avenue and Melcher
Street for the Highlands at Ross Creek Project, Tyee Sinclair International,
owner of record.
City Engineer Curles briefed Council on the request to delete Condition #22.
Dan Pebble, President of Tyee Sinclair International, distributed a
statistical handout illustrating low traffic counts at the intersection of
Sherman Avenue and Melcher Street.
After much discussion, Councilman Morrison moved to continue to September 27,
1993 at 7:35 PM, the Highland at Ross Creek Public Hearing for further
research and study. This Public Hearing is to consider a request to amend
Ordinance No. 1537 by deleting or modifying Condition 422 requiring road
improvements near the intersection of Sherman Avenue and Melcher Street for
the Highlands at Ross Creek Project. Motion seconded by Councilman Grable and
carried.
At 7:45 PM Mayor Weatherill opened Public Hearing regarding a Special Use
Permit Application to allow the conversion of a residence located at 803 Ada
Street into professional office space, as submitted by Roger A. Hunko, Robert
C. Zornes, J.D and A.J. Buchanan. LEGAL DESCRIPTION: Lots 4, 5, and 6, Block
1, Pederson's First Addition to Sidney, as per plat recorded in Volume 2 of
Plats, on page 448, records of Kitsap County. Excepting therefrom the west
1.5 feet of said lots for streets; situate in Kitsap County, Washington.
Councilwoman Powers stepped down from Council table and refrained from
participation and voting, due to a conflict of interest.
August 23, 1993
Page 2 of 5
City Planner Brown gave staff report and briefed Councilmembers on the
Planning Commission's recommendation for denial of this Special Use Permit.
Recommendation for denial was based upon, but not necessarily limited to, the
fact that the proposed location for the law offices is outside the boundaries
of the Kitsap County Facilities Expansion Comprehensive Plan. Council
Resolution No. 1636 limits location of County government offices and support
businesses to within the boundaries as defined by the County's Facilities
Plan.
Mayor Weatherill called for public input from those in favor of this Special
Use Permit.
Roger A. Hunko, applicant, spoke in favor of issuance of the Special Use
Permit, outlining the advantages of locating a law firm and investigative
office in the courthouse area. He stressed the low client volume and minimal
traffic generated by his and Mr. Zornes offices. Mr. Hunko assured Council
his clients do not present a danger to the neighborhood.
Kelly Gregory, real estate agent, submitted a letter of support for this
Special Use Permit, addressing the reduced residential atmosphere of this
property due to encroaching government and government support facilities.
He also outlined benefit which would be derived from the conversion of this
residential structure into a commercial site.
Linnette Zimmerman, secretary to Mr. Hunko, supported issuance of this Special
Use Permit, reaffirming the need for this commercial site and voicing the
belief that their clients are respectable people who pose no danger to the
community.
Angie Buchanan, owner of 803 Ada Street, read letter from John Buchanan,
requesting the Council approve the Special Use Permit. The Buchanans voiced
their concern for the safety of their children because of the jail being
located across the street from their house and stated they feel isolated from
the "family oriented neighborhood". Mrs. Buchanan stated her children
deserved a better and safer neighborhood.
Brian Garrett, family friend of the Buchanan's, 4704 Mile Hill Drive, also
spoke in favor of the Special Use Permit, reiterating Mrs. Buchanan's concern.
Mayor Weatherill called for a 10 minute recess, with the meeting to reconvene
at 9:15 PM.
Mayor Weatherill called for additional public input from those in favor of
issuance of the Special Use Permit. As no one came forward the Mayor invited
input from those opposed to the issuance of the Special Use Permit.
Jennifer Walters, 821 Ada Street, opposed the proposed Special Use Permit,
voicing concern that approval would set a precedent which would encourage the
disintegration of their "family oriented" neighborhood.
August 23, 1993
Page 3 of 5
Daniell Krueger, 912 Taylor Street, stated this home is very suitable for a
family with children and should not be used as a commercial business.
Albert Olsen, 619 Sidney, spoke in opposition to the proposed Special Use
Permit. His family resides next door and he disagreed with proponents
statements of reduced residential aspects of this area. He further expressed
concern about two businesses utilizing a single family residence and the
ensuing traffic and parking impact.
Dorothy Skelley, 822 Ada Street, voiced concerns about potential loss their
quit neighborhood, increase in traffic and spot zoning. She stated she has
lived in this area many years and has witnessed the demise of the neighborhood
where the courthouse and accessory professional offices have been located.
She described impending impacts should the professional offices be allowed.
Virginia Benskin, 812 Ada Street, expressed concern of increased traffic in
the area.
Carolyn Powers, 825'Ada Street, addressed potential encroachment of commercial
businesses in the area, stating this area should remain a family neighborhood
and encouraged Council to adhere to the boundaries as defined in Resolution
No. 1636. Mrs. Powers also asked "What is the benefit to the City residents
by approving this Special Use Permit? " and "Who will benefit by this
action?".
Mayor Weatherill called for further public input either for or against the
proposed Special Use Permit to allow the conversion of a residence located at
803 Ada Street into professional office space, as submitted by Roger A. Hunko
and Robert C. Zornes. As no additional input was received, Mayor Weatherill
closed Public Hearing and referred matter to Council for consideration.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
adopted Planning Commission Resolution No. 201-93 and denied issuance a
Special Use Permit to allow the conversion of a residence located at 803 Ada
Street into professional office space, as submitted by Roger A. Hunko, Robert
C. Zornes, J. D and A.J. Buchanan.
On motion by Councilman Clauson, seconded by Councilman Grable, Council
unanimously approved consent agenda items as follows:
3a. Minutes of August 9, 1993 Council meeting.
3b. Payment vouchers as follows: Claims Warrant No. 19225-19295 in
the amount of $109,950.94.
Steve Dixon, attorney representing Kevin Tweten, et al, approached Council
concerning the pending vacation of a portion of Grant Street which was
conditionally approved in February 1993.
August 23, 1993
Page 4 of 5
Alice Baer, property owner adjacent to pending Tweten Vacation, asked for
clarification of the 20' easement deed guaranteeing access to her property and
questioned whether the structure on the Tweten's property is a single family
unit or a duplex. Ms. Baer stated a duplex would require additional parking
spaces.
Frank Tweten, proponent, reported the house which sits on the right of way is
a single family dwelling and not a duplex.
Councilman Morrison, Street/Alley Committee Chair, reported the committee has
reviewed this matter and has determined that conditions regarding granting of
easement to Ms Baer and parking requirements have been met by the Twetens.
On motion by Councilman Morrison, seconded by Councilman Grable, Council
authorized the Clerk to draft an ordinance for council consideration which
will complete the vacation process.
On motion by Councilman Grable, seconded by Councilwoman Powers, Council
authorized the Mayor to sign grant application in conjunction with Kitsap
Transit and allocate funding of up to $5,000 disbursed from the 1994 budget
for the improvement of Horluck Transportation Dock. Prior to voting
Councilman Clauson advised audience of his affiliation with Kitsap Transit and
asked if anyone objected to his participation in voting, no response was
received.
Richard A. Brown, real estate agent, requested Council reconsider motion
denying a petition to vacate a portion of Lawrence Street and Perry Avenue.
(This Public Hearing was held on June 28, 1993 and vacating this property was
determined not to be in the best interest of the City.) Mr. Brown proposed to
grant a utility easement to the City if the City would allow the vacation and
also would relinquish the vacated property back to the City if the house was
ever demolished.
William M. Palmer, Planning Consultant, reiterated Mr. Brown's proposed
request granting a utility easement to the City.
Jim Scott, previous owner of 1805 Lawrence Street, asked Council to reconsider
motion to approve the petition to vacate a portion of Lawrence Street and
Perry Avenue. Mr. Scott reviewed the history of the property and the on going
problems incurred by the structure being located within the right of way. He
and other previous owners are facing litigation. He feels the City can
remedy their problem by vacating the portion of right of way occupied by the
structure.
Councilman Morrison, Chairman Street/Alley Committee, moved to deny request to
reconsider motion which denied a petition to vacate a portion of Lawrence
Street and Perry Avenue, seconded by Councilman Geiger and carried. Motion
failed with 6 nays and 1 aye. Councilman Morrison voting aye.
August 23, 1993
Page 5 of 5
Councilman Childress directed City Engineer to request Line Location for
utilities at the corner of Lawrence Street and Perry Avenue.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
authorized the Mayor to sign the contract with Kennedy/Jenks Engineers to
write the Wastewater Treatment Facility Comprehensive Plan.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council
authorized waiving In' Lieu of Assessment Fees, because of substantial
mrovements to the City water/sewer systems, for the following properties:
Lilac Hills Subdivision; (2) Pottery Heights Subdivision Addition 1; (3)
Pottery Heights Subdivision; (4) 2074 Sidney Avenue - This house is being
constructed by the Lilac Hill developer and is connecting to the Lilac Hill
Subdivision. Councilman Childress refrained from voting due to a conflict of
interest.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
authorized the Mayor to sign Change Order No. 4 for the Bethel Avenue Paving
Contract.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council
authorized extension of contract between Clyde Strickland and the City for
continued assistance in drafting the Comprehensive Land Use Plan, at a cost of
an additional $5,100.00.
Meeting adjourned at 11:55 P.M.
-- ITY CLERK R PRO-TEM