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08/13/1990 - Regular - MinutesPort Orchard, Washington August 13, 1990 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, Smith and Grable. Staff present: City Attorney Mc'Cluskey, Deputy Clerk Thomas, City Treasurer Miller, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Clauson led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Powers, Council approved the minutes of the July 23, 1990 regular Council meeting, July 30, 1990 Special Council meeting and noted the following correction to the August 6, 1990 Special Council meeting: Councilman Smith and Grable excused. Ron Henshaw, representing Northwest Misquito Fleet Days, requested use of the waterfront parking lot area from the library to the waterfront park and also approximately 100' x 100' between Myhre's Restaurant and the waterfront on September 15-16, 1990 for the Northwest Misquito Fleet Days. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved Northwest Misquito Fleet Days' request to use waterfront parking lot area from the library building to the waterfront park and also approximately 100' x 100' between Myhre's Restaurant and the waterfront on September 15-16, 1990. Bob Hampton, representing Bay Street Merchants, petitioned the City to furnish paint for the Bay Street Marquee at a cost of $1,500.00. On motion by Councilman Geiger, seconded by Councilman Smith and Powers, Council denied request to furnish paint for the Bay Street Marquee and suggested the Bay Street Merchants solicit property owners to contribute approximately $1.00 per foot to paint the marquee. At 7:45 PM Mayor Weatherill opened Public Hearing to receive input on an application for a Special Use Permit as submitted by US West NewVector Group to allow construction of an 80 foot communications tower in the empty lots across from South Kitsap High School on Mitchell Avenue. LEGAL DESCRIPTION: Situate in Section 25, Township 24 North, Range 1 East, Kitsap County: Lots 21 through 29, Block 1, Tom Clines Addition to Sidney. August 13, 1990 Page Two City Engineer Curles reviewed project proposed by US West NewVector Group and reported on the Planning Commission's recommendations. Terry Redd, 741 Farragut, spoke in opposition of the project, voicing concerns about property values going down and his view being obstructed by the tower. Chuck Hamling, 696 Mitchell, addressed Council regarding his property easements and water drainage problems. John Hunt, representing US West NewVector Group, assured Council US West will work with the Hamlings regarding any water drainage problems and property encroachment. Travissa Redd, 741 Farragut, reiterated concerns regarding their view being obstructed from the tower. Mayor Weatherill called for further input either for or against the proposed Special Use Permit as submitted by US West NewVector Group, as no response was received, Mayor Weatherill closed Public Hearing. Councilman Smith moved to adopt Planning Commission Resolution No. 153-90 as their own and approve issuance of a Special Use Permit to US West NewVector Group to allow construction of an 80 foot communications tower in the empty lots across from South Kitsap High School on Mitchell Avenue, with the following conditions: (1) Prior to the issuance of any building or excavation permits, the tower foundation will be designed by a professional engineer using data from an on -site soil investigation; (2) Prior to the issuance of a building permit, the City will be provided with a letter from the Federal Aviation Administration stating that the tower is in compliance with its regulations; (3) A means of access for fire response acceptable to the Fire Department shall be provided; (4) A concrete sidewalk and gutter, per City standards and necessary drainage improvements shall be constructed for the length of the property; (5) Either vision-obsuring landscaping or a vision -obscuring fence be placed along the perimeter of the building and the tower enclosure to lessen the visual impact to the adjacent properties, seconded by Councilman Morrison. Councilman Clauson moved to amend motion to revise Condition No. 5 to read as follows: Vision -obscuring landscape be placed along the perimeter of the building and the tower enclosure to lessen the visual impact to the adjacent properties, seconded by Councilman Geiger and carried. Councilman Clauson moved to table of a Special Use Permit to US West discussion, seconded by Councilman August 13, 1990 Page Three amended motion to approve issuance NewVector Group to allow further Smith and carried. At the request of Councilman Powers, Mayor Weatherill reopened Public Hearing to receive input on an application for a Special Use Permit as submitted by US West NewVector Group to allow construction of an 80 foot communications tower in the empty lots across from South Kitsap High School on Mitchell Avenue. LEGAL DESCRIPTION: Situate in Section 25, Township 24 North, Range 1 East, Kitsap County: Lots 21 through 29, Block 1, Tom Clines Addition to Sidney. Councilman Powers questioned the use of celluar phones by emergency services. Chief Snow and Chief Mathews both advised Councilman Powers of the importance of celluar phones during natural disasters. Mayor Weatherill called for further input, either for or against the proposed Special Use Permit as submitted by US West NewVector Group, as no response was received, Mayor Weatherill closed Public Hearing. Councilman Clauson moved to remove from table amended motion approving issuance of a Special Use Permit to US West NewVector Group, seconded by Councilman Smith and carried. Council unanimously approved motion as amended adopting Planning Commission Resolution No. 153-90 as their own and approved issuance of a Special Use Permit to US West NewVector Group to allow construction of an 80 foot communications tower in the empty lots across from South Kitsap High School on Mitchell Avenue, with the following conditions: (1) Prior to the issuance of any building or excavation permits, the tower foundation will be designed by a professional engineer using data from an on -site soil investigation; (2) Prior to the issuance of a building permit, the City will be provided with a letter from the Federal Aviation Administration stating that the tower is in compliance with its regulations; (3) A means of access for fire response acceptable to the Fire Department shall be provided; (4) A concrete sidewalk and gutter, per City standards and necessary drainage improvements shall be constructed for the length of the property; (5) Vision -obscuring landscape be placed along the perimeter of the building and the tower enclosure to lessen the visual impact to the adjacent properties. At 8:40 Mayor Weatherill called for a 5 minute recess. August 13, 1990 Page Four Mayor Weatherill opened Public Hearing scheduled for 8:00 PM to receive input on application for a Special Use Permit as submitted by Tom Jeatran and Richard Granquist to allow a mini -storage warehouse to be constructed in the northwest corner of SR160 and High School Access Road. LEGAL DESCRIPTION: Section 25, Township 24 North, Range 1 East WM, Kitsap County: The northerly 405 feet of that portion of the southeast quarter of the southwest quarter of said section, described as follows: Beginning at the southwest corner of the east half of the southeast quarter of said southwest quarter; thence north 660 feet, thence east 209 feet; thence south 627 feet; thence west 197 feet; thence south 33 feet; thence west to the point of beginning; except State Highway 14 (SR160) along the south boundary. City Engineer Curles updated Council on Planning Commission's recommendations and outlined proposed conditions. Tom Jeatran, proponent, spoke in favor of the project and concurred with the conditions which were recommended by the Planning Commission. Mr. Jeatran also submitted letter to City Clerk from the Washington State Department of Transportation which approved the concept of the project. Dick Jacobsen, adjacent property owner, had no objections to the project but did voice concern on storm drainage flow. Richard Granquist, proponent, advised Council the proposed project was compatible with the area and noted support from community leaders and also submitted an additional letter of support. 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 adopted Planning Commission Resolution No. 152-90 as their own and approved the issuance of a Special Use Permit to Tom Jeatran and Richard Granquist for a mini -storage facility at the northwest corner of State Road 160 and the High School Access Road with the following conditions: (1) The Department of Fisheries shall issue the hydraulic application permit prior to any excavation of the property; (2) A silt and erosion control plan be submitted and approved prior to any issuance of the excavation or building permit; (3) Fire hydrants be placed as required by the Fire Chief; (4) Access to SR160 be limited to right -in and right -out. The access is to be designed in such a way that forces vehicles to comply with the right -in and right' -out requirement; (5) There shall he no access to Mitchell Avenue from Taylor Street until that street is developed for a minimum of two lanes and twenty feet in width. August 13, 1990 Page Five Mayor Weatherill opened Public Hearing scheduled for 8:15 PM regarding an application for a Zone Reclassification from Residential Low to Residential High as submitted by Big Tree Land Company for property located at 910 and 912 Taylor Street. LEGAL DESCRIPTION: Section 26, Township 24 North, Range 1 East WM, Kitsap County: That portion of the southeast quarter of the southeast quarter defined as follows: Beginning at a point 667 feet south and 370 feet east of the northwest corner of said subdivision, thence east 20 rods (330 feet), thence south 8 rods (132 feet), thence west 20 rods (330 feet), thence north 8 rods (132 feet), to the point of beginning; excluding the east half thereof, excluding the south 80 feet of the west 72 feet thereof, excluding the south 50 feet, and excluding roads. City Engineer Curles briefed Council on project and reviewed Planning Commission's reasons for recommendation to deny this rezone application. William Palmer, Land Use Consultant for Big Tree Land Company, spoke concerning the South Kitsap low vacancy rate, the necessity for housing and the compatibility of the proposed project within the neighborhood. Orton Krueger, proponent, addressed the definite need of additional housing in the area. William Wiley, proponent, advised Council and audience that traffic would not be anymore significant then a single family unit. Mayor Weatherill asked for input from those opposed to the proposed application for rezone as submitted by Big Tree Land Company. Lannie Walter, 821 Ada Street, spoke in opposition to the project, concerned about Harrison Street being too narrow to accommodate the additional traffic. Dorothy Skelley, 822 Ada Street, expressed concern about spot zoning and would like neighborhood to remain a single family area. Bob Johnson, 916 Taylor, would like neighborhood to remain a single family area. Nancy Taylor, 811 Harrison, also spoke in opposition, reiterated same concerns as other property owners in the area. Sam Merritt, 806B Harrison, spoke in opposition to the proposed project and objected to additional traffic in area. 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 consideration. August 13, 1990 Page Six On motion by Councilman Powers, seconded by Councilman Smith, Council adopted Planning Commission Resolution No. 151-90 with Findings of Fact and Conditions, and denied application for Zone Reclassification from Residential Low to Residential High as submitted by the Big Tree Land Company located at 910 and 912 Taylor Street. Mayor Weatherill introduced letter from Richard Mitchusson, Chairman of the Traffic Safety Council, regarding CEN-COM staffing requirements and pro-rata share of budget increase. Councilman Geiger moved to approve the pro-rata share of budget increase regarding CEN-COM staffing requirements, seconded by Councilman Powers. Councilman Clauson moved to amend motion to concur with CEN-COM in the additional hiring of six personnel, seconded by Councilman Smith and carried. Council unanimously approved motion, as amended to concur with the concept of the pro-rata share of a budget increase to meet CEN-COM staffing requirements with the add-itional hiring of six personnel. Council tabled proposed Interlocal Agreement regarding emergency communications and other services for further study. On motion by Councilman Clauson, seconded by Councilman Grable, Council approved Ordinance No. 1489 repealing Ordinance No. 1014 and designating the Deputy City Clerk of the City of Port Orchard as Auditing officer in accordance with RCW 42.24.080. On motion by Councilman Powers, seconded by Councilman Morrison, Council adopted Ordinance No. 1490 vacating a portion of Alder Lane as petitioned by Group Health Cooperative. LEGAL DESCRIPTION: Situated in Section 34, Township 24 North, Range 1 East, Kitsap County; the west half of the City of Port Orchard street called Alder Lane, starting at Tremont Street for the length of 400 feet northwesterly as measured on the centerline of Alder Lane, with the north margin being perpendicular to the centerline. Barbara Day Miller, Director of Agape, notified Council of Agape's intention to exercise their option to purchase 810 Bay Street with finalization by October 15, 1990. Betty Abbay, Manager, 810 Bay Street, updated Council on the success of Agape at 810 Bay Street and invited Council to visit facility. Councilman Morrison moved to remove from table, motion to adopt proposed Resolution No. 1547 establishing a policy for the installation of street lights, seconded by Councilman Clauson and carried. August 13, 1990 Page Seven Council unanimously adopted Resolution No. 1547 establishing the policy for street lights. (Motion presented 7/09/90 by Councilman Geiger.) Nancy Hess, Kitsap Regional Farmers Market, requested Council reconsider vote on hours extension for the Farmers Market. After much discussion the Council scheduled a special meeting on August 29, 1990 at 8:00 PM to discuss the Farmers Market. (NOTE: due to conflict, meeting date is to be changed - notification of meeting date will be mailed.) On motion by Councilman Geiger, seconded by Councilman Morrison, Council removed from the Agenda - Unfinished Business: Review of waterfront parking lot usage, rates and fines. On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the City Engineer to short plat the City's Old Clifton Road property and to direct the Planning Commission to commence with a Public Hearing to consider redesignating the landfill area as an Industrial Zone. On motion by Councilman Geiger, seconded by Councilman Clauson, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 13704-13789 in the amount of $66,623.06 and July 1990 Payroll in the amount of $$123,501.79 (Warrant No. 112051-112172). On motion by Councilman Clauson, seconded by Councilman Smith, Council authorized N.L. Olson and Associates to proceed with a seismic examination and analysis of the City of Port Orchard Municipal Building at a cost of $7,100.00. On motion by Councilman Powers, seconded by Councilman Grable, Council authorized Mayor Weatherill to sign contract with Bovay Northwest for the design of four guardrails as partially funded by the Washington State Department of Transportation. On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized staff to prepare a draft Ordinance to reserve monies for the beautification of the waterfront parking lot. Meeting djourned at 11:25 PM. C L E R K !/ MAYOR