03/26/1990 - Regular - MinutesPort Orchard, "?3ashington
March 26, 1990
Council of the City of Port Orchard, Washington called to regular
session by Mayor Weatherill at 7:30 PM. Councilmembers present:
Clauson, Childress, Morrison, Geiger, Powers and Grable.
Councilman Smith excused. Staff present: City Attorney McCluskey,
Deputy Clerk Thomas, City Treasurer Miller, Police Chief Mathews,
City Engineer Curles, Fire Chief Snow and City Clerk Hower.
At the request of Mayor Weatherill, Councilman Grable led the
audience and Council in the Pledge of Allegiance.
Councilman Grable moved to approve the minutes of the March 12,
1990 meeting as circulated, seconded by Councilman Geiger and
carried.
Nancy Hess, President of Farmers Market, updated Council on
Farmers Market Activities. Ms. Hess asked Council if the sidewalk
on the east side of Frederick Street was in the City right of way?
Mayor Weatherill turned matter over to Street/Alley Committee for
review.
Citv Clerk read Proclamation declaring April 8-14, 1990 as
"Earthquake Awareness Week". On motion by Councilman Clauson,
seconded by Councilman Grable, Council confirmed designating the
week of April 8-14, 1990 as "Earthquake Awareness Week".
City Clerk read Proclamation declaring April 8-14, 1990 as
"National Telecommunicators Week". On motion by Councilman Grable,
seconded by Councilman Clauson declared the week of April 8-14,
1990 as "National Telecommunicators Week".
On motion by Councilman Clauson, seconded by Councilman Grable,
Council authorized Mayor Weatherill to sign Department of
Information Services Customer Agreement for SCAN Service. (Stara
long distance telephone line)
Mayor Weatherill opened Public Hearing scheduled for 7:45 PM to
receive input on application for a Special Use Permit as submitted
by H & H Fencing, 2200 Block of Mitchell Avenue. LEGAL
DESCRIPTION: SW 1/4, Section 36, Township 24 North, Range 1 East;
the westerly 173 feet to the Plat of East Port Orchard, Tract 11
described as follows: Beginning at the Southwest corner of Tract
11, thence N 8*50106" E along the East margin of Mitchell Road a
distance of 60.24 feet; thence N 17*31117"E 155 feet to the True
point of Beginning; thence S 72*28143" E 493.26 feet to a point on
a curve whose radius point bears N 86*31156" E 210 feet; thence
turning through an angle of 21*22110" run Northeasterly along the
arc of said curve 78.32 feet thence N 17*54106" E 105.30 feet to
the beginning of a curve to the right having a radius of 305.00
feet and turning through an angle of 34*59136"; thence
March 26, 1990
Page Two
northeasterly along the arc of said curve 186.29 feet; thence north
72*2814311 W 564.85 feet to the east margin of Mitchell Road; thence
along said East margin S 9*1410811 W 197.80 feet; thence S 17*311171,
W 160.74 feet to the True point of Beginning.
City Engineer Curles reviewed project proposed by H & H Fencing and
reported on Planning Commissions recommendations .
Mayor Weatherill called for public input either for or against the
proposed application for a Special Use Permit as submitted by H & H
Fencing.
Dennis Simpson, member of the First Lutheran Church, spoke in
opposition to an open storage yard next to the First Lutheran
Church.
Steve Swanson, adjacent property owner, voiced opposition to the
open storage yard, stating this would detract from surrounding
properties.
Mayor Weatherill called for additional public input. As no
response was received Mayor Weatherill closed Public Hearing and
referred matter to Council for consideration.
On motion by Councilman Clauson, seconded by Councilman Grable,
Council denied request by H & H Fencing for a Special Use Permit in
2200 block of Mitchell Avenue.
On motion by Councilman Geiger, seconded by Councilman Grable,
Council approved Ordinance No. 1485 vacating the Plat of Rylarder
Addition to Port Orchard. LEGAL DESCRIPTION: The Plat of Rylander
Addition to Port Orchard, as listed in Volume 11, Page 57 of Plats,
Kitsap County, Washington.
City Clerk reported on Bid Opening held March 22, 1990 for a Public
Works Street Sweeper. Four bids were received as follows:
Ingersoll-Rand - Series 4353
No bid bond received - disqualified
Ben-K--Matic - Elgin Peligin
Elgin Peligin P
Elgin Crosswind G
Bid bond received
Utility Equipment - FMC 3,000 SP
- FMC 3,000 SP Air
Bid bond received
Sahlberg - Athey
Bid bond received
►.��
$63,330.00
$65,894.00
$87,717.00
$69,777.77
$82,500.00
$72,385.14
March 26, 1990
Page Three
on motion by Councilman Clauson, seconded by Councilman Grable,
Council accepted the bidding and awarded the bid for the Street
Sweeper to the lowest bidder, Ben-K-Matic for an Elgin Pelican P
Dual as specified with the spring loaded rear wheel option in the
amount of $66,854.00, and to declare the existing street sweeper as
surplus and use as a trade-in, with the authorization of the Mayor
to sign financing through Kitsap County Bank at 6.65% for three
years.
on motion by Councilman Geiger, seconded by Councilmen Grable and
Clauson, Council authorized the City Engineer to purchase aerial
photos of the City of Port Orchard at a cost of $1,100.00
At 8:07 PM Mayor Weatherill declared a 5 minute recess.
Mayor Weatherill opened Public Hearing scheduled for 8:15 PM
regarding a request for a zone reclassification from Residential
High to Multiple -Family 20, as submitted by Doug Eide in order to
construct eleven (11) dual level condominiums with garages beneath
the living area on a parcel located at 528 & 534 Dekalb Street.
LEGAL DESCRIPTION: Lots 9, 12, 13 and the west 20 feet of lot 16,
Block 2, Plat of S.M. Stevens Township Plat of Sidney, Section 26,
Township 24 N, Range 1 E, W.M.
City Engineer Curles updated Council on the Planning Commission's
recommendation for approval with conditions.
Mayor Weatherill called for public input from those who support the
zone reclassification from Residential High to Multiple -Family 20.
Mel Holgerson, representing proponent, presented additional site
plans for the proposed project and responded to Council questions.
Doug Eide, proponent, agreed with Planning Commission
recommendations and noted this proposed project was discussed in
great length at Planning Commission meeting.
Frank Tweten, owner Tweten Lighthouse Restaurant, supported
approval of the rezone, this would be a great asset for the City.
Jack Fitzgerald, 314 Tracy, spoke in favor of the rezone and urged
Council approval.
Rod 011as, owner of adjacent property, advocating approval stating
this would be an improvement to the neighborhood.
Stan Dunn, part owner Marina Mart, encouraged approval as this
would be an excellent addition to Port Orchard.
Phil Winter, Port Orchard resident, supported the rezone as
proposed by Doug Eide.
March 26, 1990
Page Four
City Clerk read into the record letters of support from Steve
Dixon, Richard L. Peterson, William M. Crawford, Michael E.
Klemetsrud, Attorneys At Law; Eva M. Edwards; Frank R. Haberlach;
Willaim M. Palmer and Richard A. Brown; all are property owners
within the City.
Mayor Weatherill called for input from those who are opposed to the
rezone as submitted by Doug Eide.
Cathie S. Kirk, 595A Dwight, owner of a triplex north of the
project, voiced the following concerns: (1) her view could be
blocked, (2) unkept condition of the alleyway between Dwight and
Dekalb and (3) a child play area was not included in the project.
Doug Eide, proponent, assured those present the proposed project
would not obstruct any of the neighbors views and presented three
pictures illustrating how his project would impact neighbors.
Bill Broughton, attorney for Ms. Marty McMurray, 410 Cline Avenue
requested consideration of the following items: (1) review
Determination of Non -Significance, this document does not appear to
be adequate; (2) rezone application vague not straight forward; (3)
a member of the Planning Commission owns property within 300 feet
of proposed project, but did not disclose ownership prior to
Planning Commission hearing and did participate in hearing process
and vote.
Susan Calkins, Attorney for Doug Eide, assured Council the proposed
project is compatible with surrounding properties.
Marty McMurray, 410 Cline spoke in opposition to the proposed
project. Ms. McMurray voiced concerns regarding residential and
visitor parking, soil instability, and questioned construction
working hours and burning on property.
Danny Gravin, builder for the proposed project assured Ms. McMurray
construction working hours were from 7:30 AM to 4:00 PM, no burning
on the site would be allowed.and geological surveys are going to be
conducted prior to any construction.
Councilman Powers questioned the legalities of a Planning
Commission member owing property within 300' of the proposed
project and participating without disclosure.
Planning Commission member, Howard Minor, 1400 Bay Street, advised
Council he did not receive notice as a property owner and did not
realize he owned property in this area. Dr Minor stated he has no
prejudice for or against this project or property.
March 26, 1990
Page Five
Planning Commission member, Ken Davis, 1071 Plisko Lane, reported
the Planning Commission members did a lot of research and
discussion on the rezone prior to recommending approval of the
project.
Mayor Weatherill called for additional input either for or against
the proposed rezone. As no further input was received Mayor
Weatherill closed Public Hearing and referred matter to Council for
their consideration.
Councilman Powers moved to remand this rezone back to the Planning
Commission for technical compliance, seconded by Councilman Clauson
and carried.
Mayor Weatherill announced that Bill Broughton, attorney
representing Ms. Marty McMurray has filed an appeal of Planning
Commission approval of a Variance of the front yard set -back
requirement from 15 feet to 5 feet in conjunction with Rezone to
MF-20. In as much as the Rezone has been remanded back to the
Planning Commission for rehearing, Mayor Weatherill and Council
instructed the Planning Commision to rehear the application for a
Variance for technical compliance also. Mr. Broughton verbally
withdrew the appeal at this time, with written withdrawal to be
submitted.
Mayor Weatherill announced to Council and audience the Public
Hearing scheduled for 8:30 PM regarding Petition to Vacate a
portion of Alder Street as submitted by Group Health has been
cancelled. Petition for this vacation has been withdrawn.
At 9:55 Mayor Weatherill declared a 5 minute recess.
Vouchers audited and certified by the auditing officer (City Clerk)
as required by RCW 42.24.080 and those expense reimbursement claims
certified as required by RCW 42.24.090 have been recorded on a
listing and made available to the Council.
Councilman Geiger moved to approve payment of those vouchers as
follows: Claim Warrant No. 13096-13136 in the total amount of
$29,283.32, seconded by Councilman Grable and carried.
Mayor Weatherill requested Water/Sewer Committee review water and
sewer hook-up fees for "Mother -In Law" apartments.
Mayor Weatherill requested Street/Alley Committee review waterfront
parking lot usage, rates and fines.
March 26, 1990
Page Six
On motion by Councilman Powers, seconded by Councilman Grable,
Council declared as surplus a 1968 Ford pickup truck which was
seized in a drug investigation (S.I.U. Fund) and authorized the
Police Department to dispose of it in the best interest of the
City.
On motion by Councilman Powers, seconded by Councilman Grable,
Council declared as surplus a 1978 Chevrolet Impala and authorized
the Police Department to dispose of in the best interest of the
City.
on motion by Councilman Powers, seconded by Councilman Clauson,
Council authorized the Mayor to sign Transportation Improvement
Board Prospectus for the Port Orchard Bypass.
On motion by Councilman Clauson, seconded by Councilman Grable,
Council authorized advancing 8 hours of Annual Leave to the
Building Inspector, Kit Gardzelewski.
on motion by Councilman Clauson, seconded by Councilman Powers,
Council authorized the Fire Department to purchase a fiberglass
canopy for truck 8, in the amount of $805.27.
Meeting adjourned at 10:58 P.M.
i
ut� -Clerk I Mayor