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10/12/1992 - Regular - MinutesPort Orchard, Washington October 12, 1992 Council of the City of Port Orchard, Washington, called to regular session at 7:30 PM by Mayor Protem John Clauson. Councilmembers present: Childress, Morrison, Geiger, Smith, Powers and Grable. Staff present: City Attorney McCloskey, Deputy Clerk Hager, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk bower. Mayor Protem Clauson led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved the minutes of the September 28, 1992 regular meeting as circulated. At the request of Mayor Protem Clauson, City Clerk Hower read letter from Theodora J. Bernier, President of the Bay Street Association, requesting City approval and assistance with proposed holiday season plans. Mayor Protem Clauson referred Bay Street Assn. request to the Street/Alley Committee for review and recommendation. City Clerk Hower read letter from Susan Katsaros, Resident Manager of Orchard Pointe Apartments, requesting permission to place a 4' x 4' billboard on the corner of Tremont and Pottery. Councilman Geiger advised Ms. Katsaros, the City can not consider this request because a moratorium has been placed on signs until the Comprehensive Plan is completed. On motion by Councilwoman Powers, seconded by Councilman Grable, Council authorized the Mayor to sign the I nterlocal Agreement for Regional Planning of the Central Puget Sound Area. Mayor Protem Clauson presented the proposed Commute Trip Reduction Agreement. Mr. Clauson noted for the record he is an employee of Kitsap Transit and will not participate as a councilmember in discussion or vote on this issue. Jim Ferguson, representing Kitsap Transit, outlined the proposed Commute Trip Reduction Agreement and availed himself to answer questions. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor to sign the Interlocal Agreement for the development and implementation of the Washington State Commute Trip Reduction Law, subject to the approval of the City Attorney. Mayor Protem Clauson opened the 7:45 PM Public Hearing regarding the application for a Zone Reclassification as submitted by Jack Fitzgerald, requesting to reclassify property located at 461 Farragut Avenue from Residential Low to Residential High. This would allow construction of a duplex. LEGAL DESCRIPTION: Section 25, Township 24E, Range 1 Fast; Lots 6 and 7, Block 19, together with the east 10 feet of Farragut Street. October 12, 1992 Page Two of Six Councilman Morrison advised Council his name was included in the list of property owners within the 300' radius of the proposed project, however he does not live within 300' of the subject property. Responding to City attorney questions, Mr. Morrison stated he is not biased for or against this project. No objections were raised to Mr. Morrison participating in this hearin g. City Clerk Hower read into record letters from Ms. Yvonne Hoffman, 539 Farragut Avenue and Dick, Lory and Katie Chapman, 349 Farraugt Ave, N., both letters opposed a change in the zoning for 461 Farragut Avenue N. from Residential Low to Residential High. Jack Fitzgerald, proponent, read letter addressed to the City Council, urging approval of the rezone application. Mr. Fitzgerald contended this zoning change would not cause adverse impact for traffic, stormwater runoff or deminish property values. City Engineer Curles briefed Council on the history of this application and read Planning Commission recommendations. Mayor Protem Clauson called for input from those in favor of the proposed rezone at 461 Farragut Avenue. Jim Roundtree, potential purchaser of the property, supported the rezone application and discussed his plans to build a duplex condominium which will be owner occupied by himself and his father. Jack Fitzgerald, proponent, requested Council concurrence on the project and stressed the fact this project would be a benefit to the city and not a negative impact on the neighborhood. Mayor Protem Clauson called for input from those opposed to the proposed rezone at 461 Farragut Avenue. Mr. Lawrence Brunk, 525 Farragut Avenue, spoke in strong opposition to the proposed rezone. Mr. Brunk submitted pictures and maps depicting the proposed rezone site. Raymond Lute, 427 Tracy Avenue North, objected to the change in zoning from residential Low to Residential High specifying concerns of increased stormwater runoff. Dick Chapman, 349 Farraugt Ave. N., suggested the City not consider zoning changes until the new comprehensive plan is developed. October 12, 1992 Page Three of Six Richard Close, 460 Tracy Avenue, opposed the rezone voicing concern of increased stormwater runoff caused by the clearing of 461 Farragut Avenue. Beverly Thompson, 432 Tracy Avenue, submitted pictures of the steep topography in the area and stressed the increase in water runoff. Robert Wolf, 445 Farragut, spoke in opposition to the rezone which would increase density and traffic. George Larson, 413 Farragut, stressed the desire to remain single family neighborhood. Bek Tyson, 428 Farragut, also voiced desire that the neighborhood retain a single family atmosphere. Lori Wagner, 542 Farragut, opposed higher density in the Farragut Avenue area. Frederick Osborne, 530 Farragut, voiced his opposition to the entire project. Richard Close, Sr. spoke against additional multifamily dwellings being built in the neighborhood. Mayor Protem Clauson called for additional input in favor of or opposed to the Fitzgerald rezone application. As no further response was received, the Mayor Protem closed the public input portion of the Public Hearing and referred matter to Council for consideration. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council denied application for zone reclassification as submitted by .lack Fitzgerald. Mayor Protem Clauson recessed meeting for 10 minutes reconvening at 9:45 PM. Mayor Protem Clauson opened the 8:00 PM Public Hearing regarding an application for a Special Use Permit as submitted by Jeffery Swan of Evergreen Lumber to allow lumber storage in the vicinity of 1333 Lloyd Parkway in the industrial zoned area. LEGAL DESCRIPTION: Section 34, Township 24 North, Range 1 East, Begin at the southwest corner of the South z of the Northeast 4 of the Southwest a of said section; thence S 88*17'03" E 570' more or less to the True Point of Beginning; thence N o*52'24" E 300'; thence N 34*32'48" E 180.28'; thence S 88*17'03" E 250'; thence S 0*52'24" W 450'; thence N 88*17'03" W 350' to the True Point of Beginning. City Engineer outlined the proposed Special Use Permit application and outlined the Planning Commission recommendation for approval. October 12, 1992 Page Four of Six Jeffrey Swan, Evergreen Lumber, reviewed proposed facility site and responded to Council questions. Howard Minor, 1400 Say Street, spoke in favor of the application and the need for growth within the industrial park. Mayor Protem Clauson called for additional input either for or against the proposed Special Use Permit as submitted by Jeffery Swan of Evergreen Lumber, as no response was received Mayor Protem Clauson closed the Public Hearing and referred matter to Council for consideration. On motion by Councilwoman Powers, seconded by Councilman Grable, Council adopted Planning Commission Resolution No. 189-92 as their own and approved the issuance of a Special Use Permit to Jeffery Swan of Evergreen Lumber to allow a lumber yard in the vicinity of 1333 Lloyd Parkway with the following conditions: 1) The owners of the property sign an agreement concomitant with the rezone stating that the property owners, their heirs, or assigns will hook-up to Port Orchard sewer. The owners must also agree to pay all applicable fees at time of hooking up to City of Port Orchard sewer. 2) The stormwater system shall conform to the standards and best management practices as used by the Department of Fisheries. 3) A street light, to be owned by the City and maintained by Puget Power will be installed at the access road and Lloyd Parkway. 4) The access road from Lloyd Parkway to the property shall be paved. 5) The Fire Department shall approve the site plan prior to issuance of the building permit. 6) The property shall have a Fire Department knock box installed and approved by the Fire Department. 7) The Fire Department shall determine fire flow and hydrant requirements prior to issuance of the building permit. Mayor Protem Clauson opened Public Hearing scheduled for 8:15 PM regarding an appeal of the SEPA Mitigated Determination of Non -Significance which was issued on the Popular Street Apartment Project by the Suquamish Tribe. Appeal is based on a lack of information in regards to the wetlands, stormwater management and excavation practices for the project. LEGAL DESCRIPTION: Exhibit "A". City Engineer gave staff report on the Mitigated Determination of Non - significance and the appeal which was filed by the Suquamish Tribe on the proposed project in the vicinity of Sidney Avenue and Poplar Street. Mayor Protem Clauson called for public input pro or con to the Appeal of the Mitigated Determination of Nonsignificance of the environmental assessment for the Popular Street Apartment Project. October 12, 1992 Page Five of Six Phyllis Meyers, Fisheries Environmental Program Director, representing the Suquamish Tribe, voiced concern the threshold determintion was done without vital information which is needed to assess potential environmental impact. Ms. Meyers requested records be complete before decision is made to approve or reject the threshold determination. Roy Lewis, Dodd's Engineers, outlined design process for the Poplar Street Apartment Project. Susan Bergermeister, Wetland Specialist with B12 Associates, addressed wetland issues, proposed wetland buffer, process time line and future of project. Norm McLoughlin, Kitsap Housing Authority, summarized time lines for financing and construction of the proposed project. Rick Manning, project developer retained by Kitsap County Housing Authority, assured Councilmembers he will work closely with City Engineer, Dept of Ecology and Dept of Fisheries. Mr. Manning made committment to keep other agencies informed during all aspects of this project. Howard Minor, 1400 Bay Street, who originally opposed this project supported the City Engineer's action on the Environmental Checklist Mitigated Determination of Non -significance. Charles Bowman, 106 Poplar, urged delay to allow review of project documents by the Suquamish Tribe representative. Brad Segar, 151 Poplar questioned status of 1978 Environmental Impact Statement as compared to today's standards and regulations. Engineer Curles reported that the 1978 EIS is valid, however, because standards and regulations have changed he required the developer to complete an Environmental Checklist. As a result of the Environmental Checklist he gave a mitigated determination of nonsignificance to assure that current regulations are addressed. Mayor Protem Clauson called for additional input for or against the appeal to the Mitigated Determination of Non -significance. As no further input was received the Mayor Protem referred this matter to Council for consideration. On motion by Councilwoman Powers, seconded by Councilmen Geiger and Smith, Council denied the appeal to the Mitigated Determination of Nonsignificance as filed by Phyllis Meyers on behalf of the Suquamish Tribe. October 12, 1992 Page Six of Six Councilwoman Powers moved to approve Resolution No. 1617 authorizing segregation of properties within Utility Local Improvement District No. 1 as requested by Charter Title, on behalf of Michael & Tenna Harms and Kitsap County for ULID Account No.36240130522006 - Parcel Number 5560. Motion seconded by Councilmen Geiger and Grable and carried. Councilman Morrison moved to adopt Resolution No. 1618 adopting the Final Amendment to the 1990 Final Comprehensive Solid Waste Management Plan, seconded by Councilman Grable and carried. On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the Mayor to sign the proposed 1993 Animal Control Agreement between the City and the Kitsap County Humane Society at a cost of $17,126.00. On motion by Councilman Geiger, seconded by Councilmen Grable, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 17572 - 17751 in the amount of $104,807.74 and September 1992 Payroll Warrant No. 116213 - 116373 in the amount of $151,037.35. City Clerk Hower reported on usage of the Active Club building 1025 Tacoma Street and problems which have occurred. Councilman Morrison moved to authorize the City Clerk to have the locks changed on all doors at the Active Club Building with "do not duplicate" type keys, seconded by Councilman Clauson. Councilwoman Powers moved to amend motion to include instruction to the Clerk to proceed with implementation of application for use of Active Club Building which will contain an agreement contract containing penalties for misuse of facility, duplication or improper use of the keys, seconded by Councilman Geiger and carried. Council unanimously approved motion as amended to authorize the City Clerk to change locks at the Activity Club Building on Tacoma Street and to proceed with implementation of an application for use of the facility which contains an agreement contract containing penalties for misuse of facility or keys. City Engineer Curles reminded Council of study session scheduled for Tuesday, October 20, 1992 at 7:30 Pm to discuss and consider proposed School Impact Fees. Meetin-gdjour;Zr-,�CITY :45 AM. CLERK MAYOR POPLAR STREET APARTMENTS SEPA APPEAL LEGAL DESCRIPTION EXHIBIT "A" 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 87*34' 14" E 883.99 feet to the TRUE POINT OF BEGINNING; thence NO* 55'27" E 557.35 feet; thence N 87* 39,21" W 220.00 feet; thence N 0*55' 27' E 465.00 feet; thence S 87* 30,21" E 437.79 feet; thence S 0* 55127" W 208.71 feet; thence S 87* 39121" E 208.71 feet; thence N 0* 55'27" E 248.52 feet to the south margin of Poplar Street; thence along said south margin S 87* 39,21" E 219.65 feet; thence S 0* 55'27" W 364.73 feet thence S 87* 46' 00" E 347.65 feet to the westerly margin of Sidney Road; thence along said westerly margin S 20* 55' 43" W 431.05 feet; thence N 70* 37' 09" W 227.68 feet; thence S 20* 55,43" W 431.05 feet; thence N 70* 37,09" W 227.68 feet; thence S 20* 55,43" W 370.00 feet to a point on the south line of said Section 35; thence along said South line N 87* 34' 14" W 503.49 feet to the true point of beginning.